Entertainment California's XO Fest Canceled by Host Venue 'Due to the Promoters Lack of Fulfilling Contractual Obligations'

01:32  12 july  2018
01:32  12 july  2018 Source:   billboard.com

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XO Fest has been canceled , officials with the Contra Costa Event Park in California announced in a press release Wednesday morning. “ Due to the promoters lack of fulfilling contractual obligations between the Contra Costa Event Park and World Class Entertainment

Event Park CEO Joe Brengle’ s statement read: “ Due to the promoter [‘] s lack of fulfilling contractual obligations between the Contra Costa Event Park and World Class Entertainment, Event Park Management in the best interest and safety of our facility

a group of people on a stage in front of a crowd: Outdoor music festival © Getty Images Outdoor music festival

XO Fest has been canceled, officials with the Contra Costa Event Park in California announced in a press release Wednesday morning.

“Due to the promoters lack of fulfilling contractual obligations between the Contra Costa Event Park and World Class Entertainment, Event Park Management in the best interest and safety of our facility, event attendees and the City of Antioch have no choice but to cancel the XO Music Festival scheduled to take place at the Event Park July 12-15, 2018,” a statement from Event Park CEO Joe Brengle reads.

John Sloan with ticketing firm GrowTix told Amplify “we are refunding all ticket holders immediately. Funds were never distributed to the XO festival and held by us in case of cancellation.” Amplify can also confirm refunds were sent to ticket buyers -- we bought two tickets and received a refund email about an hour after the event was canceled.

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Event Park CEO Joe Brengle’ s statement read: “ Due to the promoter [‘] s lack of fulfilling contractual obligations between the Contra Costa Event Park and World Class Entertainment, Event Park Management in the best interest and safety of our facility

XO Festival in Antioch, California bears a striking resemblance to Fyre Festival , with a website promising seven stages of performances, celebrity hosts and a culinary experience featuring some of the biggest names in Bay Area food and wine.

As of last night, nothing had been set up at the Contra Costa Event Park where the seven stage festival with foam pits, high-end food and wine and $2,500 VIP sections were supposed to be ready to go Friday for a three-day festival that includes Mistah F.A.B., Ludacris and T.I. The venue’s CEO Joe Brengle told KPIX reporter Joe Vazquez that “if we foresee that event is not taking place, we will start asking questions,” adding, “If we feel this is not going to come together, we will put out a press release from the fairgrounds in regards to that.”

The board that governs the Contra Costa Event Park -- part of the California fairgrounds network -- is meeting Wednesday night (July 11) and while XO Fest is not on the agenda, it’s hard to imagine that it doesn’t come up. Members of the 23rd District Agricultural Association which governs the complex will likely ask Brengle some very pointed questions and get to the bottom of how the public was strung along for weeks about event.

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Legally, one party' s failure to fulfill any of its contractual obligations is known as a "breach" of the contract . A non-breaching party may cancel the contract and sue for restitution if the non-breaching party has given a benefit to the breaching party.

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It is unclear what is happening in Antioch at this moment, but it is possible the XO Festival organizers have come very close to running out of money. We know they’ve paid the full deposits for some artists (and snubbed many others), but without any new money coming in, it’s difficult to pay staging companies, food vendors and staffing companies that are essential to organizing an event of this size. Vendors are likely starting to resist the XO Festival folks, saying unless they get paid 100 percent upfront, they’re not setting up stages and building the infrastructure needed to house 10,000 people around the fairgrounds.

KQED reporter Nastia Voynovskaya found other troubling signs about XO Fest. In a post Wednesday morning, she wrote that San Francisco comedian Paco Romane had tweeted he was never booked to play the festival, despite his image and bio appearing on the XO website. Another artist, rapper TroyLLF of San Francisco, was not only asked to perform for free but told his DJ “would have to purchase his own ticket despite being part of the performance,” according to the story.

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Most courts declare these one-side arrangements null for lack of mutuality of obligation . Some courts simply invalidate such contracts for lack of consideration, reasoning that a party who is given absolute power to cancel a contract suffers no legal detriment.

Works creators say they did mainly to fulfill a contractual obligation . Both Otto Preminger and Marilyn Monroe were forced to do the 1954 western River of No Return against their will, due to contractual obligations .

It’s similar in a way to what happened in the final days of Fyre Festival where organizer Billy McFarland began running out of the $26 million he raised for investors and instead of trying to delay and cancel the event because of inadequate accommodations and basic life safety infrastructure, decided to stage it anyway. Since, McFarland has plead guilty to two counts of fraud and is now facing a whole new set of charges allegedly committed while on pre-sentencing release.

As for XO Fest, organizers are also facing jail time for different reasons -- allegedly participating in a real estate scam that ripped off Bay Area landlords. The festival’s problems have beenwelldocumented and the event’s questionable hype video didn’t do much to assure us that the event was actually going to happen.

As rapper Mario “Mars” Delgado told KPIX, “It could be a disaster or it could be somebody’s going to pull this off and it could be the biggest event that we’ve had here.”

Turns out it was neither — another canceled event that will be forgotten in a couple days and never mentioned again. At least no one got hurt.

This article was originally published by Amplify.

a drawing of a face: Festivals 2018 © Provided by Billboard Festivals 2018

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