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Performance Concession Agreement

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Performance Concession Agreement

This Performance Concession Agreement (the "Agreement") is entered into as of by and between:

Recitals

WHEREAS, Grantor owns or controls the location, facilities, and rights necessary for the presentation of live performances and related activities at the premises identified as (the "Premises"); and

WHEREAS, Concessionaire operates performance concessions, related services, and event operations and desires to obtain the exclusive right to operate certain concessions, merchandising, or performance-related services at the Premises in accordance with the terms set forth herein; and

WHEREAS, Grantor and Concessionaire desire to set forth the rights, obligations, and financial terms applicable to the concession activities during the Term of this Agreement.

Scope of Work

Concessionaire shall provide and manage performance concessions and related services consistent with the provisions of this Agreement. Concessionaire shall perform the services described below and shall comply with all applicable permits, licenses, and laws.

Performance Schedule and Term

Term Start Date:    Term End Date:

The Term shall commence on the Term Start Date and shall continue through the Term End Date, unless earlier terminated in accordance with this Agreement.

Payment Terms

Concessionaire shall pay Grantor the concession fees and other sums set forth below in consideration for the rights granted under this Agreement. All fees are exclusive of applicable taxes unless otherwise stated.

Confidentiality

Each party acknowledges that in the performance of its obligations under this Agreement it may receive Confidential Information of the other party. "Confidential Information" means non-public technical, financial, commercial, or other information marked as confidential or that reasonably should be understood to be confidential. Each recipient shall: (a) use Confidential Information solely for purposes of performing under this Agreement; (b) limit distribution to employees, agents, or subcontractors who need to know and who are bound to protect confidentiality; and (c) not disclose Confidential Information to third parties without prior written consent, except as required by law. The obligations under this clause survive termination of the Agreement for a period of three (3) years.

Insurance and Indemnity

Concessionaire shall maintain commercial general liability insurance in amounts customary for similar concessions and shall name Grantor as an additional insured where applicable. Concessionaire shall indemnify and hold harmless Grantor, its officers, agents and employees from and against any claims, liabilities, damages, losses and expenses arising out of Concessionaire’s negligence, willful misconduct, or breach of this Agreement, except to the extent caused by Grantor's gross negligence or willful misconduct.

Default and Termination

Either party may terminate this Agreement upon written notice if the other party materially breaches any obligation hereunder and fails to cure such breach within days after receipt of written notice specifying the breach. Grantor may terminate immediately for insolvency, bankruptcy proceedings, or abandonment of the concession operation by Concessionaire.

Compliance with Laws

Concessionaire shall at its sole cost obtain and maintain all licenses, permits and approvals required to operate the concession and perform its obligations. Concessionaire shall comply with all applicable laws, regulations and health and safety requirements.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its choice-of-law principles.

Entire Agreement

This Agreement, together with any schedules or exhibits expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior proposals, negotiations, and agreements, whether written or oral. No amendment shall be effective unless 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 below (or such other address as either party may designate by notice in accordance with this section) and shall be deemed given upon personal delivery, upon confirmed receipt of electronic delivery, or three (3) days after deposit in the United States mail, certified or registered, postage prepaid.

Miscellaneous Provisions

Neither party may assign this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld. If any provision is held invalid, the remainder shall remain in full force and effect. The parties agree that monetary damages may be an inadequate remedy for breaches of certain provisions, and that equitable relief, including injunction and specific performance, may be appropriate in addition to other remedies.

Grantor (Printed Name):

By:

Date:

Concessionaire (Printed Name):

By:

Date:

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What a Performance Concession Agreement Is and when it applies

A Performance Concession Agreement is a contractual arrangement in which a concessionaire agrees to operate, manage, or provide specified services at a venue or facility in exchange for rights, consideration, or a share of revenues. The document allocates responsibilities for operations, performance standards, maintenance, insurance, financial reporting, and default remedies. It typically sets key performance indicators, duration, termination triggers, and dispute resolution procedures. Parties use it in concessions for public venues, transportation hubs, stadiums, retail spaces inside larger complexes, and private commercial properties where long‑term service delivery and performance metrics are critical.

Why a clear Performance Concession Agreement matters

A well drafted agreement reduces operational ambiguity, protects revenue streams, and sets enforceable performance standards. It clarifies risk allocation, insurance and indemnity, reporting obligations, and remedies for nonperformance to avoid costly disputes and interruptions to service.

Why a clear Performance Concession Agreement matters

Typical parties and stakeholders involved

Performance Concession Agreements are used by public authorities, property owners, operators, and investors to formalize service delivery and revenue arrangements.

  • Public agencies and municipalities managing public assets or demand risk sharing with private operators.
  • Private property owners or landlords contracting third parties for food, retail, or service concessions.
  • Concession operators and franchisees responsible for day‑to‑day operations, staffing, and compliance.

Each stakeholder must verify signatory authority, insurance coverage, and any procurement or public‑sector approval conditions before execution.

Core sections to include in a professional agreement

A complete Performance Concession Agreement organizes rights and obligations into clear sections so parties can measure compliance and enforce remedies without ambiguity.

Scope of Services

Describe services, areas of operation, permitted uses, excluded activities, and any seasonal or event exceptions to avoid later disputes over responsibilities.

Term and Renewal

Specify initial term, renewal options, automatic renewals if any, early termination triggers, notice periods, and conditions for assignment or transfer of concession rights.

Performance Standards

List measurable KPIs, minimum service levels, cleanliness and operating hours, penalty mechanics, reporting cadence, and inspection rights tied to enforcement.

Financial Provisions

Detail base rent, revenue share formulas, minimum guarantees, payment schedules, audited reporting requirements, late fees, and allowed deductions or credits.

Insurance and Indemnity

Set required coverages, limits, additional insured endorsements, hold harmless language, and procedures for claims handling and proof of coverage.

Default and Remedies

Describe cure periods, notice requirements, remedies such as termination, liquidated damages, reentry rights, and procedures for dispute resolution including arbitration or litigation venue.

Step-by-step: completing and executing the agreement

Follow this sequence to prepare a legally enforceable Performance Concession Agreement and minimize execution delays.

  • 01
    Prepare draft: Assemble exhibits, financial schedules, and insurance requirements.
  • 02
    Review obligations: Confirm KPIs, reporting cadence, and remedy clauses with legal counsel.
  • 03
    Obtain approvals: Secure internal board, procurement, or public‑sector approvals before signature.
  • 04
    Execute and record: Sign, notarize if required, and distribute executed copies to all parties.

Digital workflow configuration for eSigning and approvals

Configure fields and routing to match the execution order and authentication level each party requires.

Field Configuration
Signature Require full name, title, and date fields; enable signing order.
Initials Place initials at page corners for amendment acknowledgment.
Attachments Add exhibits (insurance certificates, bonds) as required documents.
Authentication Use email + SMS or advanced authentication for high‑value contracts.

Typical eExecution flow for a concession agreement

This sequence outlines the online signing lifecycle from upload to archival in a secure system.

  • Upload Document: Sender imports the final PDF or DOCX and places form fields.
  • Set Recipients: Assign parties in signing order and specify authentication level.
  • Sign and Date: Each signer reviews and applies electronic signature and date.
  • Archive & Audit: Signed copy and audit trail are stored for retention and retrieval.

Technical and platform considerations for eSubmission

Choose an eSignature platform that supports required security, integrations, and document formats for concession workflows.

  • Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace
  • Formats: PDF, Word DOCX, HTML
  • Compliance: ESIGN, UETA, SOC 2, HIPAA (BAA available)

Confirm platform audit trails, storage encryption, and the ability to generate tamper‑evident signed PDFs for legal records and audits.

Common timing and processing expectations

Understand solicitation, approval, and signatory timeframes to avoid missed milestones and contract default exposure.

Internal approvals:

Allow 7–30 days depending on procurement complexity.

Insurance procurement:

Obtain required policies before signature; processing may take 1–2 weeks.

Notarization/RON:

Allow 1–3 business days for scheduling and identity proofing.

Post-signature delivery:

Distribute executed copies within 48 hours of final signature.

Performance reporting:

Monthly or quarterly reports as contract specifies.

Key milestones from negotiation to enforcement

Track these stages to ensure all approvals, insurance, and performance triggers are met on schedule.

01

Draft Finalization

All exhibits and financial schedules are completed and approved.

02

Signatory Approval

Board or agency authorization is obtained per internal rules.

03

Execution and Notarization

Signatures applied and notarization completed if required.

04

Operational Handover

Concessionaire begins operations and initial performance reporting.

Common preparation errors to avoid

  • Using abbreviated or trade names instead of exact legal entity names creates enforceability issues and bank or tax mismatches.
  • Vague revenue definitions lead to accounting disputes and differing interpretations of payable percentages or deductions.
  • Missing insurance endorsements or incorrect coverage limits delay execution and can expose the owner to uninsured liabilities.
  • Neglecting procurement or public‑sector approval processes can render agreements void or subject to administrative challenge.

Consequences of an incorrect or incomplete agreement

Financial Penalties: Late fees, liquidated damages.
Contract Invalidation: Enforceability risks if party names or signatures are incorrect.
Tax Withholding: Backup withholding risk with incorrect payee taxpayer ID.
Procurement Sanctions: Public agencies may rescind awards.
Operational Disruption: Service interruptions from insurance or compliance failures.
Reputational Harm: Loss of public trust or partner relationships.

Security and compliance items to include

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Detailed timestamps, IP, and action logs
Certifications: SOC 2 Type II; ISO 27001
HIPAA Support: BAA available for PHI workflows
21 CFR Support: 21 CFR Part 11-capable options
Access Control: SSO, role-based permissions

Real-world examples of Performance Concession Agreements

These brief case notes illustrate how organizations structure concession relationships and operational handovers.

Optica Ventures Example

Optica refined its concession schedules to match venue hours, reducing disputes over overtime.

  • Resulted in clearer invoicing and monthly reconciliations.
  • Optica’s COO noted streamlined customer interactions and easier compliance reviews by centralizing exhibits and using a standard audit trail for execution and reporting.

Martin Properties Example

Martin Properties moved concession execution online to avoid in-person signings.

  • This reduced physical handover delays.
  • The founder reported faster turnaround, reliable proof of signature and audit logs for lease administrators, and improved document retrieval across mobile and desktop platforms.

Representative eSignature pricing and capability comparison

This table summarizes starting prices and core features across common eSignature providers. signNow is listed first per platform comparison conventions.

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 Yes Yes Yes Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Practical tips for accurate and efficient completion

Use consistent templates, clear exhibits, and technology that enforces required fields and signing order to reduce errors.

Standardize templates
Maintain a single approved template with version control to avoid conflicting clause language across concessions.
Require exact names
Use entity name validation against state registration records to prevent mismatched legal names.
Automate fields
Use conditional fields and calculated revenue formulas to prevent manual entry errors and ensure consistent reporting.
Preserve audit trails
Ensure the platform stores signed PDFs plus timestamped audit logs for disputes and audits.

Frequently asked questions and execution troubleshooting

Answers to common questions about signing, notarization, amendments, and using eSignature platforms for Performance Concession Agreements.


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