....He never cashed the deposit but I have a signed copy of the contract stating that I had 5 days prior to the event to cancel and receive my deposit back if less than that I would forfeit my deposit.
What are your damages at this point? If he had cashed the check, you'd be able to get that back from him as stated but beyond that, what are your damages?
If this is just a small garage band, good luck at them actually having anything to go after.