Can this be signed electronically?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.

Is notarization required?

Not usually. Most performance agreements do not require notarization unless state law or a specific union rule demands it; check state notary rules if a notarized acknowledgment is requested.

Who owns recordings made at the performance?

Ownership depends on the contract language: a license grants limited use while an assignment transfers copyright. Specify scope, duration, territory, and compensation to avoid disputes.

What if a signature is missing?

An unsigned party may be able to dispute enforceability; obtain a completed signature page via eSignature, confirm consent, and preserve audit logs showing intent and attribution.

How do I cancel or revoke the agreement?

Follow the contract's termination clause. If no clause exists, negotiate mutual rescission in writing; unilateral revocation may expose the party to breach claims and damages.

Which records should I retain?

Keep executed contracts, payment records, and related correspondence. Retain tax-related documents for at least 3 years (IRC §6501(a)) and HIPAA-related records for 6 years (45 CFR §164.530(j)).

Electronic Signature
Templates
Miscellaneous
Actors Performance Agreement

Actors Performance Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

ACTORS PERFORMANCE AGREEMENT

This Actors Performance Agreement (the Agreement) is made as of between Producer Name: (Producer) and Actor Name: (Actor).

WHEREAS

WHEREAS, Producer is engaged in the production of a theatrical/film/live event provisionally titled (Production); and

WHEREAS, Producer desires to engage Actor to render performance services on the terms set forth herein, and Actor is willing and able to render such services as an independent contractor.

1. ENGAGEMENT

Producer hereby engages Actor to provide performance services for the Production and Actor accepts such engagement subject to the terms and conditions of this Agreement. Actor shall perform in a professional manner consistent with industry standards and shall follow reasonable directions of Producer concerning performance, rehearsal and technical requirements.

2. SCOPE OF WORK

Description of Services

Performance Date(s): from to . Performance Location:

3. COMPENSATION

Fee (Gross) Payment Schedule Payment Method

Late Payment: If Producer fails to pay any undisputed amount when due, Producer shall pay interest on such overdue amount at a rate of or the maximum lawful rate, whichever is less.

Taxes: Actor is responsible for all federal, state and local taxes arising from compensation paid under this Agreement. Producer shall not withhold income tax unless required by law.

4. EXPENSES

Reimbursable Expenses: Producer agrees to reimburse Actor for pre-approved, reasonable travel, accommodation and wardrobe expenses incurred in direct connection with the Production, subject to submission of itemized receipts. Maximum pre-approval for expenses:

5. CREDIT AND PUBLICITY

Credit: Producer shall accord Actor screen/on-playbill credit in accordance with customary industry practice:

Publicity: Producer may use Actor's name, likeness and biographical material in connection with advertising and promotion of the Production, provided such use is not misleading and conforms with the promotional approval obligations set forth here: Actor's approval required for any endorsement or use materially different from submitted materials. Approval to be requested in writing to the contact information below.

6. INTELLECTUAL PROPERTY

Work for Hire / Ownership: To the fullest extent permitted by law, Producer shall own all rights, title and interest in and to the Actor's recorded performances and any other recordings or derivative works created in connection with the Production. If any portion of Actor's services is not deemed work made for hire, Actor hereby irrevocably assigns and transfers to Producer all right, title and interest in such works, and grants Producer an exclusive, perpetual, worldwide license to exploit such works in any medium.

7. CONFIDENTIALITY

Confidential Information: Actor shall hold in confidence and not disclose any confidential or proprietary material provided by Producer, including scripts, production notes and technical information. This obligation shall continue for a period of after the conclusion of Actor's engagement, except as required by law.

8. TERM AND TERMINATION

Term: This Agreement commences on and terminates on , unless earlier terminated in accordance with this Section.

Termination: Either party may terminate this Agreement for material breach by the other party if such breach is not cured within after written notice. Producer may terminate immediately for Actor's willful misconduct, criminal conduct or repeated failure to perform.

9. REPRESENTATIONS, WARRANTIES AND COVENANTS

Actor represents and warrants that Actor has the full right and authority to enter into this Agreement, that performance will not violate any other agreement or obligation, and that Actor is in good health and able to perform the required services. Producer represents that it has the authority to engage Actor and will provide the agreed compensation and production facilities described herein.

10. INDEMNIFICATION

Each party shall indemnify, defend and hold harmless the other party from and against any third-party claims, liabilities, damages, losses and expenses (including reasonable attorneys' fees) arising from the indemnifying party's breach of this Agreement, negligence or willful misconduct.

11. INSURANCE

Producer shall maintain customary production liability insurance covering the Production. Actor is responsible for personal health and accident insurance. Producer may require proof of insurance prior to the commencement of services.

12. GOVERNING LAW; ENTIRE AGREEMENT

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to conflict of law principles.

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

13. NOTICES

Producer Contact Information Actor Contact Information

Notices shall be in writing and delivered by hand, nationally recognized overnight courier, or delivered electronically to the email addresses provided above, and shall be effective upon receipt.

14. MISCELLANEOUS

Independent Contractor: Actor shall perform services as an independent contractor and nothing in this Agreement creates an employment relationship. Actor is responsible for all taxes and employment-related obligations associated with Actor's personnel, if any.

Producer (Print Name):

By (Signature):

Date:

Actor (Print Name):

By (Signature):

Date:

What an Actors Performance Agreement Covers

An Actors Performance Agreement is a written contract that sets the terms between a performer and a producer, presenter, or production company for a specific performance or engagement. It typically identifies parties, performance dates and times, location, compensation, payment schedule, travel and lodging terms, intellectual property and usage rights, cancellation and termination conditions, insurance and liability allocations, and any union or guild requirements. The agreement clarifies obligations and reduces ambiguity about deliverables, rehearsal commitments, permitted recordings, and post-performance uses of the actor's image or work.

Why clear agreements matter for performers and producers

A written Actors Performance Agreement reduces disputes by documenting payment, schedule, rights, and responsibilities. It protects performers, clarifies ownership of recorded material, and helps producers confirm deliverables and insurance obligations.

Who commonly uses an Actors Performance Agreement

Typical users include independent performers, casting agents, production companies, venues, and event presenters needing a concise, enforceable contract.

Independent Actors and Musicians signing single engagements or festival slots, specifying fee, travel, and recording rights.
Producers and Presenters hiring talent for concerts, readings, theatrical shows, or corporate events and documenting performance details.
Talent Agents and Managers securing contractual terms and routing payment and rights negotiations on behalf of performers.

Use the agreement whenever the parties want a clear, written record of expectations, especially where recordings, publicity, or union obligations are involved.

Core sections to include in a professional agreement

A robust Actors Performance Agreement groups provisions into discrete, enforceable sections so each party knows obligations and remedies.

Parties

Full legal names and business entities for performer and hiring party, including contact information and taxpayer identification where applicable.

Engagement

Specific performance dates, call times, rehearsal schedule, venue address, and expected duration of each performance or activity.

Compensation

Gross fee, fee breakdown (appearance, rehearsal, overtime), payment timing, deposit amounts, and remedies for late payment.

Rights and Uses

Scope of rights granted for recordings, broadcast, promotional use, and whether the actor assigns or licenses copyright or publicity rights.

Cancellations

Terms for postponement, cancellation by either party, force majeure, refund of deposits, and rescheduling obligations.

Insurance & Indemnity

Required insurance coverage, responsibility for workplace hazards, and each party's indemnity obligations for claims.

Step-by-step: filling and executing the agreement

Follow a consistent order when preparing and executing the contract to ensure completeness and enforceability.

01

Prepare: Complete party details, dates, and compensation fields.
02

Review: Confirm rights, insurance, and cancellation clauses with counsel or union rep.
03

Sign: Obtain signatures from performer and authorized producer representative.
04

Distribute: Provide fully executed copies to all parties and retain originals securely.

Customizing the digital workflow for this agreement

Set up a repeatable eSigning workflow so each new agreement follows the same routing, authentication, and retention rules.

Field	Configuration
Signature Order	Specify producer first, then performer, or simultaneous signing as required.
Authentication	Use email link or SMS code for signer verification; add stronger checks for high-value deals.
Conditional Fields	Show payment details only when a checkbox for 'Paid Deposit' is checked.
Retention Settings	Enable automatic PDF export and secure archival after final signature.

Where to send or file the executed agreement

Decide destination copies and filing responsibilities before signing to ensure everyone has the necessary records.

Performer Copy: Send signed PDF to performer and agent for records.
Producer Records: Store executed agreement in production folder and accounting system.
Payroll / Finance: Forward to accounts payable for scheduling payments and tax reporting.
Union Filing: If applicable, submit required forms to guild or union per their procedures.

Digital signing, storage, and integration considerations

Choose a signing platform that supports PDF/Word uploads, audit trails, and integrations with your file storage and accounting systems.

File formats: PDF, DOCX accepted
Integrations: Commonly with Google Workspace, Microsoft 365, NetSuite
Authentication: Email, SMS code, or stronger methods

Ensure the chosen platform supports required compliance (ESIGN/UETA) and retention exports so executed agreements are reproducible for audits.

Common eSignature vendor pricing and platform features

Compare basic price and selected capabilities for typical small- to mid-market eSignature providers. Prices reflect common annual billing tiers and feature availability.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Security and compliance considerations

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Certifications: SOC 2 Type II; ISO 27001

HIPAA: HIPAA-compliant with BAA available

Audit Trail: Timestamped signature events and IP capture

Access Controls: Role-based permissions and SSO available

Document Export: PDF/A export for archival and reproduction

Key legal risks and potential penalties

Breach of Contract: Damages or specific performance

Late Payment: Interest and collection costs

Unauthorized Use: IP infringement claims

Union Violations: Fines and work stoppage

Tax Withholding: Backup withholding 24%

Poor Recordkeeping: Audit exposure and penalties

Common mistakes when preparing an Actors Performance Agreement

Vague rights language that fails to specify permitted uses of recordings, leading to future disputes over licensing and royalties.
Unclear payment terms or missing deposit conditions that create ambiguity about when and how the performer will be paid.
Failing to list all performance times, rehearsal commitments, or technical needs, causing day-of-event disputes and additional costs.
Ignoring union or guild requirements and not filing required notices or forms, which can trigger fines or work stoppage.

Practical drafting and execution tips

Adopt a consistent template, require clear signatures, and keep a signed copy accessible to all parties to reduce post-performance disputes.

Use precise rights language

Define exactly which rights are licensed or assigned, including geographic scope, duration, and permitted media; avoid open-ended grants that allow unlimited reuse.

Spell out payment mechanics

Include currency, payment method, payee name, deposit amounts, schedule of installments, and consequences of late payment to protect both parties and simplify accounting.

Address cancellations explicitly

Specify conditions for cancellation, acceptable notice periods, deposit forfeiture rules, and remedies for rescheduling to reduce ambiguity and litigation risk.

Maintain audit-ready records

Retain signed PDFs, receipts, and correspondence; export documents to immutable formats and store them with access controls for audits or union verification.

Real-world scenarios where this agreement is used

These concise examples show how the Actors Performance Agreement resolves common practical issues across small- and medium-scale productions.

Festival Booking

A regional festival hires a solo performer for a 45-minute slot and needs a clear cancellation policy and recording permissions.

The agreement specifies deposit, cancellation notice, and a limited license for festival recordings.
The contract prevented a dispute after a weather postponement by documenting rescheduling obligations and refund mechanics, preserving the relationship and payments.

Corporate Event

A production company engages a comedian for a corporate gala and wants to record highlights for marketing.

The parties agree on a one-time recording license and additional fee for commercial reuse.
Post-event, the producer used the specified terms to license a short clip without further negotiation, avoiding ambiguity about distribution rights.

Who typically signs and what authority they hold

Producer / Presenter

A company officer, event director, or authorized booking agent signs for the hiring organization and warrants authority to bind the producer to payment, insurance, and rights provisions.

Actor / Performer

The performer or authorized representative signs to accept engagement terms, grant specified rights, and confirm availability, recording consent, and tax information as provided.

Frequently asked questions about execution and enforceability

Answers to common questions about eSigning, notarization, ownership, and recordkeeping for Actors Performance Agreements.

Need help? Contact support

Can this be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.
Is notarization required?
Not usually. Most performance agreements do not require notarization unless state law or a specific union rule demands it; check state notary rules if a notarized acknowledgment is requested.
Who owns recordings made at the performance?
Ownership depends on the contract language: a license grants limited use while an assignment transfers copyright. Specify scope, duration, territory, and compensation to avoid disputes.
What if a signature is missing?
An unsigned party may be able to dispute enforceability; obtain a completed signature page via eSignature, confirm consent, and preserve audit logs showing intent and attribution.
How do I cancel or revoke the agreement?
Follow the contract's termination clause. If no clause exists, negotiate mutual rescission in writing; unilateral revocation may expose the party to breach claims and damages.
Which records should I retain?
Keep executed contracts, payment records, and related correspondence. Retain tax-related documents for at least 3 years (IRC §6501(a)) and HIPAA-related records for 6 years (45 CFR §164.530(j)).

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