My band was booked for a wedding reception that canceled 6 days out. Do the clauses below allow me to collect?

Question by Band Guy: My band was booked for a wedding reception that canceled 6 days out. Do the clauses below allow me to collect?
IN CASE OF DEFAULT BY PURCHASER: Liquidated damages of the Artist will be the amount stated in BALANCE, plus any attorney’s fees and costs incurred in recovering BALANCE. Agent will retain deposit for services rendered.

PURCHASER AND ARTIST agree that this Contract is not subject to cancellation unless both Purchaser and Artist have agreed to such cancellation in writing. It’s further agreed that any cancellation by Purchaser will result in forfeiture of deposit. This forfeiture of deposit is in addition to any other remedies enumerated in this Contract or afforded by law to the Artist. Additionally, nonpayment of deposit shall not relieve the Purchaser of the obligations set forth herein.

FOR THE TRUE AND FAITHFUL PERFORMANCE of all and every covenant and agreement herein mentioned, the Purchaser and Artist bind themselves each unto the other in the penal sum of the amount set forth above as FULL WAGE AGREED UPON as liquidated damages to be paid by the failing party.
The contract is completely filled out, but I only had room to put the question and the applicable clauses on here. They paid the deposit with the return of the contract. The only thing left to do is for us to play the show and collect the check. But, THEY have cancelled the show. And, the contract states that it’s not subject to cancellation without both parties agreeing to that in writing.

I’m sure the family is going through something traumatic now, but we are, too, if we don’t get paid. They have asked the planner to contact all the vendors for cancellation/refund information. Our cancellation/refund policy is: PAY ME.

Best answer:

Answer by goz1111
Did you agree to a liquidated damage amount before all parties signed and placed that amount in writing then I would think you had a good case at small claims collection

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