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Howard King




          on Coachella and



          Force Majeure                                                            The minute you go from no cases to one case,


                                                                                   as Riverside County did over the weekend,
                                                                                   how does that change the tone of the conver-
                                                                                   sations or the urgency?
           IN T ER V IE W B Y P H IL G ALL O
                                                                                   It really doesn’t matter that there’s one case in
                                   ing, Holmes,   With SXSW, we saw that the organizers   Riverside County. You have tens of thousands
                                   Paterno      waited for the city and the state to declare   of people coming from around the world.
                                   & Soriano    an emergency before they decided to cancel.   What are the odds that some of those people
                                   represents   How crucial is that kind of government action   don’t have the virus? Whether it spreads or,
                                   the three    for getting force majeure to take effect?   since it’s all young people, they just have mild
                                   acts selected   If you’re worried about people getting sick,   symptoms, who knows? But you can’t deny that
                         Kto headline           there’s no force majeure. Even assuming there   there is risk.
                         Coachella this year—   is insurance in place, without the government   It’s a tough decision to make. And by the
                         Rage Against the Machine,   closing it down, [a promoter] can’t make a   way, nobody really knows what’s going to hap-
                         Travis Scott and Frank   claim on cancellation policies, and without   pen in a couple of weeks. It really could have
                         Ocean. A day before the   force majeure, you can’t get out of the respon-  run its course, or it could be far more serious.
                         festival was rescheduled    sibility for paying the artists or vendors.
                         to October, Howard                                        What has been your experience with other
                         E. King broke down the   So there is no chance that Coachella or   health scares?
                         legal issues facing the   another festival would have some saying,   We had cancellations overseas when SARS
                         performers and Golden-  “We don’t feel safe and won’t show up.”   was around [in 2003]. In fact, after SARS,
                         voice—which have obvi-  That wouldn’t happen.             insurance companies started cutting back or
                         ous implications for other   Highly unlikely.             creating exclusions in cancellation insurance.
                         upcoming events.                                          There’s really no cancellation insurance for
                            “They’re deeply con-  How far out can you go with a festival   a pandemic available for artists. There is for
                         cerned,” King said of the   before you say “we’re in” or “we’re out”?   promoters, but not for artists. That’s just a
                         three headlining acts.   The facts are that the acts have already   result of SARS.
                         “They’re spending seven   spent millions of dollars getting ready for
                         figures to create the type   Coachella, building their productions, hiring   Artists are screwed on this.
                         of performance that    crew, renting highly overpriced houses to   The artists are naked. The policies are really
                         would stand out for their   stay in. Those artists, presumably, will con-  limited almost to the point where the artist has
                         fans. We’re sort of on egg-  tinue to spend money.        to contract the virus at the venue. It’s really an
                         shells here about what’s   Presumably, Goldenvoice is going to con-  impossible hoop to jump through to get cover-
                         going to happen.”      tinue to prepare the grounds, so if they cancel   age. It’s very, very limited coverage.
                            King discussed insur-  tomorrow or if they cancel a week before   If somebody rolls into the venue feeling fine
                         ance, the SARS effect   their performance, relative to the ginormous   and contracts the virus during the day, they’re
                         and, of course, force   cost, it hardly matters. It’s bad PR if they   covered—if the policy was written before Jan.
                         majeure. “It’s the second   cancel after people have already gotten on   20 of this year. After Jan. 20, they excluded
                         clause you learn about in   planes. If Coachella [cancels], the rumor is   Coronavirus altogether as a covered event.
                         law school,” he said. “It   they’ll reschedule for October. So it’s gratifica-  Insurance companies are not really in the busi-
                         supersedes all contracts.”   tion delayed rather than gratification denied.   ness of paying claims.n




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