Through defendant talent agency, plaintiff hired several performers for a rock concert to be held in April 2020. Under the contract, plaintiff made a $6 million deposit that was non-refundable. However, the contract had a force majeure clause which defined force majeure broadly enough to include cancellation of the concert due to COVID restrictions. However, the clause further provided that the $6 million deposit was not refundable if the performer was otherwise ready, willing, and able to perform–unless the cancellation was the result of the performer’s death, illness, or injury, or that of its immediate family. The decision interprets this clause to mean that even if a force majeure event prevents the concert, the performers get to keep the $6 million deposit unless they are unable to perform. Since the performers were able, they get to keep $6 million. The force majeure clause is not a forfeiture since it is not a remedy for plaintiff’s breach and since plaintiff got some value from the contract despite the cancellation of the concert, the performers having agreed not to perform in the LA area for several months surrounding the concert’s scheduled date.