Can a performance agreement be signed electronically?

Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the signature demonstrates intent, the parties consent to electronic records, the signature is attributable, and the record can be retained and reproduced.

When is notarization required?

Notarization is rarely required for performance licenses, but state-specific rules or venue requirements may demand notarization or witnesses; check local law and the agreement’s governing state before execution.

What if party names do not match payment records?

Mismatched names can delay payments and increase audit risk. Use legal entity names for payments and include DBA details if necessary; update W-9 forms to avoid backup withholding.

How should royalties be reported?

Define reporting format and frequency in the agreement; include required supporting documents (attendance, receipts, play counts) and an audit right to verify calculations and payments.

Can I limit sublicensing or transfers?

Yes. Include explicit prohibitions on sublicensing or require licensor approval for transfers and assignments; add remedies for unauthorized sublicensing.

What happens on breach of payment terms?

Agreements usually provide for interest on overdue amounts, suspension of rights, and indemnification for damages; specify cure periods and dispute-resolution mechanisms such as mediation or arbitration.

Electronic Signature
Templates
Miscellaneous
Performance Rights Agreement

Performance Rights Agreement

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

PERFORMANCE RIGHTS AGREEMENT

This Performance Rights Agreement ("Agreement") is entered into as of Effective Date: by and between Licensor Name: with mailing address and Licensee Name: with mailing address .

RECITALS

WHEREAS, Licensor is the owner of the performance rights in the work entitled Title of Work: , authored by ; and

WHEREAS, Licensee wishes to obtain and Licensor is willing to grant a limited license to perform the Work in accordance with the terms and conditions set forth in this Agreement.

SCOPE OF RIGHTS GRANTED

1. Grant: Subject to the terms and conditions herein, Licensor grants to Licensee the non-transferable right to publicly perform the Work at the Venue: located at .

Description of performances, deliverables, and permitted uses

2. Number of Performances: . Territory: . Exclusivity: Exclusive Non-exclusive

PAYMENT TERMS

3. Fees: In consideration for the rights granted, Licensee shall pay Licensor a Total Fee of $.

Payment schedule and method

Deposit Amount: $ due on or before . Balance due on or before .

Late Fee: If any payment is not received when due, Licensee shall pay interest at the rate of on the overdue amount from the due date until paid.

Accounting and reports

TERM AND TERMINATION

4. Term: The license granted hereunder commences on Start Date: and terminates on End Date: , unless earlier terminated as provided herein.

5. Termination for Cause: Either party may terminate this Agreement upon written notice if the other party materially breaches any provision and fails to cure such breach within Notice Period of days after receipt of written notice specifying the breach.

6. Effect of Termination: Upon termination, Licensee shall immediately cease all public performances of the Work and shall remit any unpaid amounts accrued through the date of termination. Termination shall not affect Licensor's right to seek damages for prior breach.

CONFIDENTIALITY

7. Confidential Information: Each party shall keep confidential and not disclose to any third party any non-public information designated as confidential by the other party or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential information excludes information that is or becomes public through no fault of the receiving party, was independently developed without use of the other party's confidential information, or was lawfully received from a third party without restriction.

Confidentiality applies to this Agreement?

Yes, this Agreement and related negotiations are confidential.

INTELLECTUAL PROPERTY, CREDIT, AND RECORDING

8. Intellectual Property: Licensor retains all copyrights and underlying rights in the Work. Licensee shall not claim ownership of the Work and shall not adapt, record, distribute, or create derivative works except as expressly authorized in writing by Licensor.

9. Credit: Licensee shall provide credit to Licensor in event programs, advertising, or announcements in the form specified:

10. Recording: Licensee shall not make any audio or audiovisual recording of the performances without the prior written consent of Licensor, except as expressly set forth in the Scope of Work above.

INDEMNIFICATION AND INSURANCE

11. Indemnity: Licensee shall indemnify, defend and hold harmless Licensor and its agents from and against any claims, liabilities, losses or expenses (including reasonable attorneys' fees) arising out of Licensee's production, promotion, or sale of tickets for the performances, except to the extent caused by Licensor's gross negligence or willful misconduct.

Insurance requirements

GOVERNING LAW; DISPUTE RESOLUTION

12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of State: without regard to its conflicts of law rules.

13. Dispute Resolution: The parties shall attempt in good faith to resolve disputes arising under this Agreement through negotiation. If unresolved, either party may pursue any remedy available at law or equity consistent with the governing law provision.

ENTIRE AGREEMENT; AMENDMENT

14. Entire Agreement: This Agreement (including any schedules and attachments executed by the parties) 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.

15. Amendment: No amendment or waiver of any provision of this Agreement shall be effective unless in a writing signed by both parties.

MISCELLANEOUS

16. Assignment: Licensee shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of Licensor. Any attempted assignment without such consent shall be void.

17. 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 either party may designate by notice to the other.

Licensor (Print):

Name:

By:

Date:

Licensee (Print):

Name:

By:

Date:

What a Performance Rights Agreement Covers

A Performance Rights Agreement is a legal contract that grants permission to perform, broadcast, or publicly display a musical, dramatic, or other creative work for a defined purpose, territory, and term. The agreement specifies which rights are granted (for example, live performance, broadcast, streaming), any exclusivity or restrictions, compensation or royalty terms, credits and attribution, reporting obligations, and dispute-resolution mechanisms. Parties use it to allocate copyright interests, set payment structures, and document permissions so that performances proceed lawfully and royalties can be tracked and paid.

Why a Clear Performance Rights Agreement Matters

A clear agreement reduces ambiguity over who may perform a work, where and when performances may occur, and how compensation is calculated and paid. It helps prevent copyright infringement claims, supports royalty collection, and establishes remedies for breach. Properly drafted performance rights agreements also facilitate licensing to venues, broadcasters, and digital platforms while preserving the author’s moral and economic rights.

Who Typically Prepares and Signs This Agreement

Several parties commonly use a Performance Rights Agreement to document permissions and payment terms.

Songwriters, composers, and performers licensing public-performance rights to venues or promoters.
Producers, labels, and rights holders licensing works to broadcasters, streaming platforms, or venues.
Venue managers, event promoters, and festival organizers securing rights to present works publicly.

The agreement’s language and execution method depend on the parties’ roles, whether the license is exclusive or nonexclusive, and applicable local law.

Primary Signatories and Their Roles

Artist — Performer

The creator or rights owner who grants performance rights; may be an individual, band, or publisher. The artist typically sets the scope of rights, compensation, credit terms, and any moral-rights restrictions.

Licensee — Presenter

The party acquiring the right to present the work publicly (venue, broadcaster, streaming service). The licensee accepts reporting obligations, payment timing, and any use restrictions in the agreement.

Key Clauses to Include in a Professional Agreement

A comprehensive Performance Rights Agreement should address specific legal and commercial elements so rights are clear and enforceable.

Grant of Rights

Specify the exact rights granted (live performance, recorded performance, broadcast, streaming), whether the grant is exclusive or nonexclusive, and any permitted sub-licensing rights to third parties.

Term and Territory

Define start and end dates and the geographic scope of the license; include time-zone or event-specific limitations where relevant to performance windows.

Compensation

Set fees, royalties, flat rates, revenue shares, payment schedules, and whether taxes or withholding apply; include procedures for invoicing and late payments.

Reporting and Audit

Detail reporting frequency, required reporting formats, supporting documentation, and the licensor’s right to audit performance and receipts.

Credit and Attribution

Specify how the author, composer, or performing artist must be credited in programs, on screen crawls, or in digital metadata.

Warranties & Indemnities

Require the licensor to warrant ownership or authority to license and include indemnification for infringement claims and breach of representations.

Step-by-Step: How to Complete the Agreement

Follow these steps to prepare, review, and execute a robust Performance Rights Agreement.

01

1. Identify Parties: Record full legal names and contact information for all parties.
02

2. Define the Grant: Clearly describe the rights, territory, term, and permitted mediums.
03

3. Set Compensation: Specify fees, royalties, reporting cadence, and payment mechanics.
04

4. Execute and Retain: Ensure authorized signatures, notarize if required, and store executed copies securely.

How to Configure an Online Signing Workflow

Set up a digital workflow that assigns fields, enforces authentication, and retains an audit trail.

Field	Configuration
Signature Placement	Place named signature and date fields for each party
Authentication	Use email link or SMS code; consider stronger ID for high-value deals
Reminders	Schedule automatic reminders at 3 and 7 days after sending
Audit Trail	Store timestamps, IP addresses, and signer actions for records

Typical eSignature Flow for a Performance Rights Agreement

An online signing flow streamlines execution while preserving legal evidence of intent and consent.

Upload Document: Import PDF or DOCX and place required fields.
Assign Signers: Add parties’ email addresses and role order as needed.
Authenticate: Choose guest link, email verification, or stronger KBA.
Execute & Archive: Signers complete signatures; system stores certificate and copy.

Platform and File Requirements for Digital Execution

Confirm file types and integrations before sending for signature.

File Formats: PDF and Word DOCX are standard; HTML or Excel supported for templates
Integrations: Common integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace
Retention: Platform should retain signed PDF and a tamper-evident audit trail

Choose a provider that supports your document formats and that can export executed copies and audit logs for long-term storage.

Consequences of an Incorrect or Missing Agreement

Copyright Infringement: Potential statutory damages

Contract Voidance: License risk if essential terms missing

Withholding Liability: Backup withholding may apply

Late Payment Penalties: Contractual interest or fees

IPR Disputes: Costly litigation and injunction risk

Reputational Damage: Loss of bookings or distribution

Common Preparation Errors to Avoid

Using vague language for the rights granted, which invites dispute over permitted uses and sublicensing.
Mismatching party names or failing to identify the legal entity, causing payment and enforcement delays.
Omitting payment mechanics or reporting obligations, making royalty calculation and audit enforcement difficult.
Failing to specify territory or term, which can unintentionally grant broader rights than intended.

eSignature Pricing and Feature Comparison

Compare typical starting prices and common feature availability for eSignature platforms to choose a solution that supports secure signing, audit trails, and compliance needs.

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

Supporting Documents and Attachments to Include

Attach exhibits that clarify scope, payment mechanics, and technical requirements; these reduce ambiguity and aid enforcement.

Exhibit A

Detailed description of the work(s) covered, including ISWC or catalogue numbers when available, to precisely identify licensed material.

Schedule of Fees

Breakdown of flat fees, per-performance rates, royalty percentages, and payment schedule to support accounting and tax compliance.

Performance Rider

Technical and logistical requirements (sound, stage, time slots) that the licensee must provide to enable the agreed performances.

Audit Protocol

Procedure for audits, document access, and dispute handling to ensure transparent royalty reporting and verification.

Key Dates and Timing to Track

Document and calendar key contractual dates to avoid missed payments, renewal windows, and reporting deadlines.

Effective Date:

Date the agreement becomes operative; affects performance rights and statute of limitations.

Payment Due Dates:

Due dates for fees and royalties; clearly state net terms and late-payment penalties.

Reporting Deadlines:

Dates by which performance reports or attendance records must be submitted for royalty calculation.

Renewal Notice:

Deadline for exercising renewal or termination options, typically 30–90 days prior to expiry.

Termination Notice:

Advance notice period required to terminate for convenience or breach.

Practical Tips for Accurate and Efficient Completion

Follow industry best practices to reduce negotiation time, support enforcement, and simplify royalty processing.

Use Clear, Specific Language

Avoid terms like 'reasonable' or 'as needed'; define measurable metrics for performances, territories, and payment triggers to limit disputes.

Standardize Reporting Templates

Provide a single reporting spreadsheet or portal format for receipts and play counts so audits and royalty calculations are consistent and auditable.

Limit Grant Scope When Possible

Grant only the rights required for the immediate use and consider carve-outs for future media or third-party sublicensing to preserve long-term control.

Document Authority to Sign

For organizations, attach evidence of the signer's authority or include a representation that the signer is duly authorized to avoid enforceability disputes.

Real-World Use Cases for Performance Rights Agreements

Examples show how agreements are tailored for common scenarios and what practical clauses they include.

Live Venue License

A regional theater licenses a composer’s score for a 12-week run

includes territory limited to the theater’s city
the agreement includes royalty splits tied to ticket revenue, a rider for orchestra size, and monthly box-office reporting requirements to calc royalties.

Broadcast Licensing

A public radio station secures nonexclusive broadcast rights for recorded performances

sets a one-year term with renewal option
the license specifies broadcast windows, required credits, and quarterly performance logs used to reconcile payments.

Security and Compliance Features to Expect

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

Audit Trail: Time-stamped logs and signer metadata

HIPAA Support: BAA available for covered workflows

ESIGN & UETA: Meets ESIGN Act and UETA requirements

21 CFR Part 11: Support for FDA-regulated recordkeeping

SOC 2 / ISO: SOC 2 Type II and ISO 27001 certifications

Frequently Asked Questions About Performance Rights Agreements

Answers to common legal and practical questions when preparing or executing a Performance Rights Agreement.

Need help? Contact support

Can a performance agreement be signed electronically?
Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided the signature demonstrates intent, the parties consent to electronic records, the signature is attributable, and the record can be retained and reproduced.
When is notarization required?
Notarization is rarely required for performance licenses, but state-specific rules or venue requirements may demand notarization or witnesses; check local law and the agreement’s governing state before execution.
What if party names do not match payment records?
Mismatched names can delay payments and increase audit risk. Use legal entity names for payments and include DBA details if necessary; update W-9 forms to avoid backup withholding.
How should royalties be reported?
Define reporting format and frequency in the agreement; include required supporting documents (attendance, receipts, play counts) and an audit right to verify calculations and payments.
Can I limit sublicensing or transfers?
Yes. Include explicit prohibitions on sublicensing or require licensor approval for transfers and assignments; add remedies for unauthorized sublicensing.
What happens on breach of payment terms?
Agreements usually provide for interest on overdue amounts, suspension of rights, and indemnification for damages; specify cure periods and dispute-resolution mechanisms such as mediation or arbitration.

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