[SML] Severe weather cancellation of performance

[Bill Conner]

Interesting issue.  No expertise on this but I believe force majeure can
include extreme weather, but was the bad weather "unpredictable" ?  Did it
make it "impossible" to have the event?  I support the decision to cancel
but not sure it excuses your contractual obligations.

On Tue, Dec 30, 2025 at 2:21 PM Tim Catlett via Stagecraft <
stagecraft at theatrical.net> wrote:

> 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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-- 
Bill Conner Fellow of the ASTC
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