Can this agreement be signed electronically?

Yes. Under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes, electronic signatures generally bind parties if intent, consent, attribution, and retention are present.

When is notarization required?

Notarization is only required if state law or the agreement requires it (for example, some deeds or self‑proving affidavits). Use RON only where the state permits remote notarization.

What if the signer lacks authority?

If a signer lacks delegated authority, the contract may be unenforceable; obtain a corporate resolution, power of attorney, or signature from an authorized officer.

How do I store the signed agreement?

Keep a signed PDF plus an audit trail for the retention period specified. For tax or corporate records, follow IRS and state retention rules applicable to the document.

Can I amend the agreement after signing?

Yes by mutual written amendment signed by authorized parties. Record the effective amendment date and retain both original and amended signed copies.

Is remote online notarization acceptable?

RON is permissible only where state law allows it and the notary follows identity proofing and recordkeeping requirements; verify the specific state notary rules before using RON.

Electronic Signature
Templates
Miscellaneous
Miscellaneous Performance Agreement

Miscellaneous Performance Agreement

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

Miscellaneous Performance Agreement

This Miscellaneous Performance Agreement (Agreement) is entered into as of Effective Date: by and between Client Name: with principal address:

Client Address

and Performer Name: with principal address:

Performer Address

Recitals

WHEREAS, Client desires to engage Performer to provide certain performance services described herein and Performer represents that Performer has the experience and capability to perform such services in a professional manner; and

WHEREAS, the parties wish to set forth the terms and conditions under which the Performer will provide services to Client, including compensation, schedule, confidentiality and termination rights.

Scope of Work

Performer shall perform the services described below in a professional manner consistent with industry standards. The parties acknowledge that specific deliverables, performance dates, technical requirements, and personnel assignments are set forth as follows.

Detailed Description of Services

Payment Terms

Compensation: Client shall pay Performer a total fee of USD for the services described above, subject to adjustments expressly agreed in writing.

Payment Schedule

Invoicing: Performer shall submit written invoices to Client in accordance with the payment schedule. Unless otherwise stated on the invoice, Client shall pay undisputed amounts within days of receipt of invoice.

Late Payment: Any undisputed past due amount shall accrue interest at the lesser of (a) a rate of or (b) the highest rate permitted by applicable law. Client shall also be responsible for reasonable collection costs.

Expenses

Term and Termination

Term: The term of this Agreement shall commence on Start Date: and, unless earlier terminated in accordance with this Agreement, shall continue until End Date: .

Termination for Convenience: Either party may terminate this Agreement for convenience upon providing written notice to the other party not less than days prior to termination.

Termination for Cause: Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within thirty (30) days after receipt of written notice specifying the breach.

Confidentiality

Definition: "Confidential Information" means non-public information disclosed by one party to the other relating to business operations, financial information, trade secrets, proprietary works, technical data, or other information reasonably understood to be confidential.

Obligations: Each party agrees (a) to hold Confidential Information of the other in strict confidence, (b) not to disclose such information to third parties except to those employees, agents or contractors having a need to know and bound by confidentiality obligations, and (c) to use Confidential Information only to perform obligations under this Agreement.

Exclusions: Confidential Information does not include information that is or becomes publicly available through no breach of this Agreement, is rightfully received from a third party without restriction, is independently developed without use of Confidential Information, or is required to be disclosed by law, provided the disclosing party gives prompt notice and cooperates in any lawful attempt to limit disclosure.

Duration: The confidentiality obligations shall survive termination of this Agreement for a period of three (3) years, except that trade secrets shall be protected for so long as they qualify as trade secrets under applicable law.

Independent Contractor; Assignment

Performer is an independent contractor and not an employee, partner, or agent of Client. Performer shall be solely responsible for all taxes, withholdings and other statutory or contractual obligations of any sort. Neither party may assign this Agreement without the prior written consent of the other, except that Client may assign to an affiliate or successor in connection with a merger or sale of substantially all of its assets.

Governing Law; Remedies

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

Remedies: The parties acknowledge that a breach of confidentiality or other material provision would cause irreparable harm for which monetary damages may be insufficient; therefore, in addition to any other remedy, the non-breaching party shall be entitled to seek injunctive relief.

Entire Agreement

This Agreement, including any attachments or statements of work expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral. Any amendments must be in writing and signed by both parties.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party may designate by notice. Notices shall be deemed given upon personal delivery, one business day after deposit with an overnight courier, or three days after deposit in the U.S. mail, postage prepaid.

Client Printed Name:

By:

Date:

Performer Printed Name:

By:

Date:

What the Miscellaneous Performance Agreement Is

A Miscellaneous Performance Agreement is a short-form contract documenting specific performance obligations between parties for a discrete task or supplemental scope of work. It typically defines the parties, the scope of services, deliverables, schedule, compensation, and limited warranty or liability terms. These agreements are used when a full master services agreement is not necessary or when a one-off task, pilot, or change order needs a written record of expectations. They serve to reduce ambiguity, allocate risk, and create enforceable obligations that can be relied on in commercial or project settings.

Why a Clear Miscellaneous Performance Agreement Helps

A concise, well‑drafted agreement clarifies deliverables, timelines, and payment terms, reducing disputes and accelerating project execution while preserving legal enforceability under ESIGN and state contract law.

Typical parties who prepare or sign this agreement

The agreement is common among small businesses, contractors, consultants, and internal project teams who need a focused contract for a single task or modification.

Independent contractors and consultants providing one-off services or change orders.
Procurement or operations teams issuing short-term work or pilot projects.
Small business owners documenting deliverables or vendor addenda.

Organizations use it to document limited engagements quickly while preserving core protections such as scope clarity, payment terms, and termination rights.

Who typically signs and executes the agreement

Company Officer

An authorized officer or manager generally executes on behalf of a corporate party. That signer should have board‑delegated authority or express written signatory power to bind the entity and avoid invalidation of the agreement.

Contractor PM

A project manager or independent contractor may sign for individuals or small business entities. Verify the signer’s authority and, if needed, attach a corporate resolution or business license to confirm signing capacity.

Core elements every professional agreement should include

A robust Miscellaneous Performance Agreement balances brevity and legal clarity; include essential clauses to limit ambiguity and allocate responsibility without overcomplicating a short engagement.

Scope

Clear, itemized description of tasks, deliverables, and acceptance criteria to avoid disputes over what was promised.

Schedule

Milestones, delivery dates, and any liquidated damages or delay remedies tied to performance expectations.

Payment Terms

Amount, invoicing frequency, payment due date, late fees, and any retainage or holdbacks applicable to the engagement.

Warranties & Remedies

Limited warranty period, remedies for breach, and exclusion of consequential damages where permitted by law.

Termination

Grounds for early termination, notice requirements, and obligations upon termination such as final invoices and return of materials.

Governing Law

Choice of state law and venue to interpret the agreement and resolve disputes.

Step-by-step: fill and finalize a Miscellaneous Performance Agreement

Follow a short, linear process to prepare, review, sign, and retain the agreement to ensure enforceability and reduce administrative friction.

01

Draft: Complete fields with precise dates, scope, and payment terms.
02

Review: Legal or procurement reviews for authority, insurance, and liability limits.
03

Sign: Obtain signatures from authorized signers and date entries.
04

Store: Keep a signed copy in records and confirm receipt to the counterparty.

Common online workflow settings for digital completion

Configure signature routing, authentication, reminders, and retention to match the agreement’s risk profile and regulatory needs.

Field	Configuration
Signer Order	Sequential or parallel routing as required by the transaction.
Authentication	Email link by default; use SMS code or KBA for higher assurance.
Reminders	Enable automatic reminders for outstanding signatures or unpaid invoices.
Retention	Store signed PDF and audit trail for statutory retention periods.

Typical eSigning flow for this agreement

A predictable signing path reduces signer friction and preserves evidentiary records required for enforceability under ESIGN and UETA.

Upload Document: Sender uploads final agreement PDF to the eSignature platform.
Place Fields: Add signature, date, and optional initial fields where required.
Add Signers: Enter signer names and emails; set role and routing order.
Complete Signing: Signers authenticate, sign, and receive final signed copies.

Technical considerations for digital execution

Select platform settings that match the document’s legal and privacy needs, including authentication level and storage encryption.

Authentication: Email, SMS code, or knowledge‑based options.
Integrations: Link to Salesforce, NetSuite, Google Workspace, or Box for workflow continuity.
Encryption: TLS in transit and AES‑256 at rest recommended.

Security, compliance, and technical safeguards to consider

Encryption: AES‑256 at rest

Transport: TLS 1.2/1.3 in transit

Certifications: SOC 2 Type II

Privacy: GDPR and CCPA compliance

Healthcare: HIPAA BAA available

Audit Trail: Tamper‑evident logs and timestamps

Risks and potential penalties for incorrect or missing elements

Incorrect TIN: 24% backup withholding

Late 1099: $60 per form

Serious Late 1099: $330 per form

Intentional Disregard: $660+ per form

I‑9 Violations: $281–$2,789 per violation

HIPAA Breach: Civil penalties vary by violation

Common mistakes to avoid when preparing the agreement

Using vague scope language that leaves acceptance criteria undefined and invites disputes over deliverables and payment.
Failing to confirm signer authority for entities, which can render the contract unenforceable or delay performance.
Omitting effective dates and milestone deadlines, causing ambiguity on when obligations and warranty periods begin.
Neglecting to specify governing law and notice addresses, leading to jurisdictional uncertainty and increased litigation risk.

Key timing items to define in the agreement

Specify dates and notice periods clearly to prevent disputes and to trigger warranty, payment, and termination rights.

Effective Date:

The date obligations commence, entered as MM/DD/YYYY

Performance Milestones:

Specific delivery dates for each deliverable or milestone

Payment Due Date:

Net payment term (e.g., Net 30) from invoice date

Cure Period:

Notice and cure window for material breach (e.g., 10–30 days)

Retention Start:

Record retention begins on the effective date or final invoice date

How a Miscellaneous Performance Agreement compares to other contract types

Compare the short agreement with common alternatives to choose the right form for risk, scope, and ongoing obligations.

Criteria	Miscellaneous Performance Agreement	Master Services Agreement
Typical Length	short	long
Scope	single task	ongoing engagements
Change Management	limited	comprehensive
Use Case	one‑off work	multi‑project relationship

eSignature vendor comparison for executing agreements

Basic vendor differences for eSignature plans, delivery limits, and compliance features; signNow is listed first for comparison purposes and each vendor column shows typical starting price and capability notes.

	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, no card required	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium)	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA available)	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about execution and validity

Answers to common questions on signature authority, electronic execution, notarization, and recordkeeping for a Miscellaneous Performance Agreement.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes, electronic signatures generally bind parties if intent, consent, attribution, and retention are present.
When is notarization required?
Notarization is only required if state law or the agreement requires it (for example, some deeds or self‑proving affidavits). Use RON only where the state permits remote notarization.
What if the signer lacks authority?
If a signer lacks delegated authority, the contract may be unenforceable; obtain a corporate resolution, power of attorney, or signature from an authorized officer.
How do I store the signed agreement?
Keep a signed PDF plus an audit trail for the retention period specified. For tax or corporate records, follow IRS and state retention rules applicable to the document.
Can I amend the agreement after signing?
Yes by mutual written amendment signed by authorized parties. Record the effective amendment date and retain both original and amended signed copies.
Is remote online notarization acceptable?
RON is permissible only where state law allows it and the notary follows identity proofing and recordkeeping requirements; verify the specific state notary rules before using RON.

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