B323977VFLA Eventco v. William Morris Endeavor Entertainment

BACKGROUND

I. Virgin Fest and the performance contracts

In December 2019, VFLA publicly announced Virgin Fest Los Angeles (Virgin Fest), a two-day music festival, scheduled for June 2020 in Los Angeles.2 In February and March 2020, VFLA entered into performance contracts with Starry US, Kali Uchis Touring, and Big Grrrl to secure the performances of Ellie Goulding, Kali Uchis, and Lizzo respectively. As the artists’ agent, WME negotiated the performance contracts with VFLA. The performance contracts contained a “Role of Agent” provision, providing: “[WME] acts only as agent for Producer and assumes no liability hereunder and in furtherance thereof and for the benefit of [WME], it is agreed that neither Purchaser nor Producer/Artist will name or join [WME] . . . as a

The facts are taken from VFLA’s opposing separate statements to Big Grrrl’s, Kali Uchis Touring’s, Starry US’s, and WME’s motions for summary judgment.

3 party in any civil action or suit anywhere in the world, arising out of, in connection with, or related to any acts of commission or omission pursuant to or in connection with this Agreement by either Purchaser or Producer/Artist.”3 Each performance…