[SML] Severe weather cancellation of performance

[Richard Niederberg]

It’s not just the safety of an audience, it’s the building’s safety (future
audiences).

/s/ Richard
_________


On Mon, Jan 5, 2026 at 2:56 PM Tim Catlett via Stagecraft <
stagecraft at theatrical.net> wrote:

> Hello all,
>
> Thank you all for your answers. All is as I suspected, and from whom. I
> appreciate it.
>
> As it is, the venue is sticking with the stance that while it is
> technically a "Force Majeure" call, they will be refunding all purchasers,
> and settling with the artist separately. In the end nobody "wins" and it
> will cost both venue and artist something in terms of dollars, and/or
> "reputation" (whatever that means when doing your best to preserve life
> safety).
>
> For point of reference, by the time of the intended start-of-show, the two
> entrances of the venue had interacted personally with a grand total of 37
> patrons. The presale was 478, meaning that, effectively, 441 people
> "self-cancelled". Interesting, but not surprising, I think.
>
> Anyway, thanks again!
>
> *Tim Catlett*
> *(414) 975-4424*
> tmcatlett at gmail.com
>
>
> On Tue, Dec 30, 2025 at 11:20 PM Richard Niederberg via Stagecraft <
> stagecraft at theatrical.net> wrote:
>
>> I am not here to ‘Rip Things Apart’. Notwithstanding the weather, how
>> many persons showed up? How many persons called your box office and
>> requested an exchange? You will most likely have to pay the performer, if
>> you haven't already. If he/she is ready to go on, rebook the performer on a
>> mutually agreeable date, if you’ve made the payment, and let the potential
>> audience use their tickets that night. No refunds, rain checks, or
>> exchanges except for the above. Put the show on, unless it would create
>> liability for the theatre or booking agent, or owner. If this sounds  “It
>> Depends”, it is. No Legalese. Fortunately, I have not undertaken this case.
>> It is all about liability.
>>
>> /s/ Richard Niederberg, Esq.
>> _________
>>
>>
>> On Tue, Dec 30, 2025 at 4:44 PM Kristi R-C via Stagecraft <
>> stagecraft at theatrical.net> wrote:
>>
>>> I’m not a lawyer, probably should have become one when the college’s
>>> attorney told me I’d be good at it but now the ROI is not worth 3 years in
>>> law school. So here’s what this overeducated layperson thinks...
>>>
>>> If the local municipal authorities (e.g., governor, mayor, town council,
>>> law enforcement) have told folks to stay off the roads because it’s not
>>> safe (not just the weather guy on TV) I suspect a claim of Force Majeure
>>> will hold, but it’s technically an “Act of God” since it’s Mother Nature’s
>>> fault so if the presiding jurisdiction treats them the same, you should be
>>> fine. Are there places that treat it differently? I don’t know. Maybe? I do
>>> know that kind of hair-splitting definition parsing makes lawyers giggle
>>> with glee.
>>>
>>> If you were to go to court as the hosting venue, you would show that you
>>> lost ticket revenue, box office expenses (credit card charge fees),
>>> advertising expenses, wage for staff/stagehands who pre-set items, wages
>>> for anyone in the building already if it was cancelled the day of, etc. to
>>> show you also had a loss similar to what the Artist is missing by not being
>>> paid for the show.
>>>
>>> Best option for all sides is to postpone the event to a mutually
>>> agreeable date and try again.
>>>
>>> Now, let’s see how Richard Niederberg rips this apart. ;)
>>>
>>> Kristi R-C
>>> ____________________________________________________________
>>> For list information see <http://stagecraft.theprices.net/>
>>> Stagecraft mailing list
>>> Stagecraft at theatrical.net
>>> http://theatrical.net/mailman/listinfo/stagecraft_theatrical.net
>>>
>> ____________________________________________________________
>> For list information see <http://stagecraft.theprices.net/>
>> Stagecraft mailing list
>> Stagecraft at theatrical.net
>> http://theatrical.net/mailman/listinfo/stagecraft_theatrical.net
>>
> ____________________________________________________________
> For list information see <http://stagecraft.theprices.net/>
> Stagecraft mailing list
> Stagecraft at theatrical.net
> http://theatrical.net/mailman/listinfo/stagecraft_theatrical.net
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://theatrical.net/pipermail/stagecraft_theatrical.net/attachments/20260105/2005aed1/attachment.html>