The plaintiff music festival promoter sued several artists, their managers, and their booking agent for alleged breaches of radius clauses in performance contracts.
The defendants moved for summary judgment relying on exclusion and limitation of liability clauses in the contracts.
The court applied the Tercon framework and found the clauses valid and applicable.
The claims against the booking agent were dismissed entirely based on the exclusion clause.
The claims against one artist who cancelled due to illness and returned her deposit were dismissed because the limitation of liability clause capped damages at the premium paid, which was zero.
For the remaining artists, partial summary judgment was granted limiting any potential damages to the lesser of the premium paid or actual out-of-pocket expenses.
