Legal Question in Entertainment Law in New York

In a performing arts contract, a performer has attempted to, but cannot memorize very difficult music, even though it's in the contract that it must be memorized:

"ARTIST agrees to perform in costume and makeup in a fully memorized staging (no score in hand)."

Does the below paragraph allow the producer to sue the artist for "any and all losses which occur from cancelling this production altogether", if the artist backs out of the contract because they are not able to memorize, despite their best efforts? There is the possibility of hiring someone else, but the producer will not entertain that idea and is creating a very hostile working environment.

"Neither ARTIST nor PRODUCER shall be under any liability for failure to fulfill the terms of this Agreement, in the event that such failure is caused by or due to physical disability of ARTIST or PRODUCER or acts or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, interruption in the way of transportation service, or any other cause beyond the control of ARTIST or PRODUCER. PRODUCER shall be under no obligation to pay ARTIST in the event ARTIST is unable to perform due to any of the reasons set forth in this paragraph. "


Asked on 4/14/14, 8:31 am

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

First, this site is really for general advice and insights not specific legal advice on a written agreement. You will need to hire a lawyer to review the contract carefully along with all the facts and circumstances to advise on a best course of action.

That said, you have no cause to cancel the performance and thinking that these are damages you can go after the artist for would be erroneous. It sounds like you have grounds under the terms to dismiss the artist that is not able to handle the task and hire a new one. In most cases, a professional production will hedge with understudies, so there is always someone to step in. I mean, this same artist can get hit by a truck on the morning of opening day right?

Further, most Artists can barely rub two nickels together so what goo do you think it would do to sue him or her? And any court will require that you tried to cure the problem. By obstinately refusing to replace the artist it is unlikely a court would award damages the production brought upon itself right?

I suggest that you discuss your options over with a lawyer in private.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 4/14/14, 8:44 am


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