[SML] Severe weather cancellation of performance

[Tim Catlett]

Hey all,

It's been a long time since I've had the need, but I feel like I need to
ask a question here of all of my various venue/event friends...

The question is this:
Is a "Force Majeure" event only valid if the performance is literally
impossible to be undertaken? In other words, if the artist is ready to
perform, and a minimal staff is available, would a cancellation be valid
due to severe weather conditions?

I am being told that "Force Majeure" would likely not legally hold because
the artist was "ready to perform", even though the venue made the decision
to cancel for reasons which include the following:
1. Severe blizzard conditions
2. Multiple municipalities official notifications to avoid travel at all
costs
3. Multiple AHJs indicating "life-threatening" conditions
4. Multiple anecdotal indications from house staff, artist staff, and
potentially present patrons that travel and function is actively unsafe
(ice covered roads, dangerous winds, dangerous temps, etc.)
5. NWS and NOAA designations of severe to dangerous weather conditions

(The venue did cancel out of an abundance of caution, for the above
reasons, but additionally due to the liability question raised due to the
average age of ticket buyers being 60+.)

Am I mistaken in my assertion that, from an event safety perspective, the
life safety of all participants is a valid consideration in determining
whether a "Force Majeure" condition exists, especially based on the above
factors?

TIA for all thoughts and assistance!

*Tim Catlett*
*(414) 975-4424*
tmcatlett at gmail.com
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