Establishing secure connection…Loading editor…Preparing document…

Performance Services Agreement

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

PERFORMANCE SERVICES AGREEMENT

This Performance Services Agreement (the "Agreement") is entered into as of by and between Client Name: , with principal place of business at (hereinafter "Client"), and Performer Name: , with contact address (hereinafter "Performer").

WHEREAS

WHEREAS, Client desires to engage Performer to render certain live or recorded performance services as described herein at the event or engagement scheduled on at location ; and

WHEREAS, Performer represents that Performer has the skill, experience and qualifications to perform the services described in this Agreement and is willing to provide such services under the terms and conditions set forth below.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

1. Scope of Work

Performer shall provide all equipment, personnel, and technical requirements reasonably necessary to perform the services described above unless otherwise agreed in writing. Any additional services or material modifications to the Scope of Work shall require written approval signed by both parties and may be subject to additional fees.

2. Payment Terms

All amounts payable under this Agreement are exclusive of applicable taxes unless otherwise specified. Client shall pay Performer within the period specified in the Payment Schedule. Failure to pay undisputed amounts when due shall entitle Performer to suspend services and to collect interest on overdue amounts at the rate specified below.

3. Term and Termination

The term of this Agreement shall commence on Start Date: and shall terminate on End Date: unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach by the other party if such breach remains uncured for a period of days after written notice specifying the nature of the breach. Client may terminate for convenience upon written notice to Performer subject to payment for services rendered and non-cancelable commitments incurred prior to the effective date of termination.

4. Confidentiality

Each party (the "Receiving Party") agrees to maintain in confidence all non-public information disclosed by the other party (the "Disclosing Party") that is identified as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Confidential Information does not include information that: (a) is or becomes publicly known through no breach of this Agreement by the Receiving Party; (b) is rightfully received from a third party without restriction; (c) is independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information; or (d) is required to be disclosed by law, provided the Receiving Party gives prompt written notice and cooperates with the Disclosing Party to seek a protective order or limit disclosure.

The Receiving Party shall use Confidential Information solely for the performance of this Agreement and shall not disclose Confidential Information to any person except to employees, contractors or agents who have a need to know and are bound to obligations of confidentiality no less protective than those contained herein.

5. Insurance and Indemnification

Performer shall maintain adequate liability insurance covering the performance of services hereunder and shall provide evidence of such insurance upon Client's request. Performer agrees to indemnify, defend and hold harmless Client and its officers, directors and agents from and against any claims, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of Performer's gross negligence, willful misconduct, or breach of this Agreement.

6. Independent Contractor

Performer is an independent contractor and not an employee, agent or partner of Client. Performer is solely responsible for payment of all federal, state and local taxes, contributions and other obligations arising from compensation paid to Performer under this Agreement.

7. 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. Venue for any dispute arising out of or relating to this Agreement shall be in the state or federal courts located in that State.

8. Entire Agreement

This Agreement, including any attachments, exhibits or riders 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, negotiations and discussions, whether oral or written. No amendment to this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

9. Miscellaneous

If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other party, except that Client may assign to an affiliate or to a successor in interest in connection with a sale of substantially all of its assets or business.

CLIENT

Printed Name:

By:

Date:

PERFORMER

Printed Name:

By:

Date:

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What a Performance Services Agreement Is

A Performance Services Agreement is a written contract that defines the scope, standards, timing, compensation, and remedies for services delivered by a contractor, consultant, or vendor. It allocates responsibilities, describes deliverables and milestones, sets acceptance criteria and payment terms, and specifies remedies for late or unsatisfactory performance. The agreement commonly covers change-order procedures, warranties, indemnities, insurance, confidentiality, and governing law. Well-drafted Performance Services Agreements reduce dispute risk by clarifying expectations and creating measurable performance standards tied to payments and remedies.

Why this Agreement Matters to Your Project

A clear Performance Services Agreement aligns expectations, assigns accountability, and preserves legal remedies if work is delayed or defective. It reduces ambiguity about deliverables, helps manage cash flow through milestone-based payments, and supports enforceability in disputes under ESIGN and UETA when executed electronically.

Why this Agreement Matters to Your Project

Who Commonly Prepares and Signs This Agreement

Project owners, service providers, procurement teams, and in-house counsel frequently prepare or request Performance Services Agreements before work begins.

  • Procurement and operations teams seeking clear SLAs and payment schedules to manage vendor performance.
  • Independent contractors and consultants who need defined deliverables, acceptance criteria, and payment triggers.
  • Legal and compliance officers requiring contractual protections such as indemnities, insurance, and IP clauses.

Parties should confirm authorized signatories and any notarization or witness requirements before finalizing signatures to avoid re-execution.

Core Components to Include in a Professional Agreement

A complete Performance Services Agreement organizes obligations and risk across distinct sections so each party understands duties, timelines, and remedies. The following components form the typical backbone of enforceable service contracts.

Scope of Work

Describe tasks, deliverables, milestones, acceptance tests, and any exclusions so performance expectations are measurable and auditable.

Payment Terms

Specify rates, invoicing cadence, milestone payments, retainage, late fees, and tax responsibilities to avoid billing disputes.

Schedule and Milestones

Include start and completion dates, milestone definitions, dependency triggers, and remedies for missed deadlines.

Standards and Acceptance

Define quality metrics, testing procedures, acceptance period, and remediation steps for nonconforming deliverables.

Liability & Indemnity

Limit or allocate liability, specify indemnity scope, and detail insurance requirements and coverage limits.

Termination & Remedies

State termination for convenience or cause, cure periods, and post-termination obligations including return of materials.

Step-by-Step: Filling Out a Performance Services Agreement

Follow these sequential steps to complete the agreement accurately and reduce revisions or execution delays.

  • 01
    Draft or import: Start with a template or existing contract to ensure standard protections are present.
  • 02
    Define scope: Attach an SOW with milestones and acceptance criteria to avoid ambiguity.
  • 03
    Confirm terms: Review payment, liability, and termination provisions with finance and legal teams.
  • 04
    Execute: Collect authorized signatures and date the execution in all signature blocks.

Configure Online Workflow Fields for eExecution

Set up your digital workflow to mirror the contract sequence, using conditional fields and signer roles to enforce proper order.

Field Configuration
Signer Roles Assign roles (Contractor | Client) to ensure correct field access and signing order.
Conditional Fields Show payment fields only when selected service options apply.
Required Fields Make signature, date, and payment fields mandatory to avoid incomplete execution.
Audit Trail Enable timestamping, IP capture, and action logs for each signer.

Typical eSigning Flow for Service Contracts

A consistent signing flow reduces signer friction and preserves admissible evidence of execution.

  • Upload document: Sender uploads the final agreement to the signing platform.
  • Place fields: Add signature, initials, dates, and optional conditional fields.
  • Set authentication: Choose email, SMS, or stronger signer verification as required.
  • Execute and retain: Collect signatures, produce a certificate of completion, and store the executed PDF.

Technical Considerations for eSignature and Storage

Ensure the platform supports the security, format, and integration requirements of your organization before e-execution.

  • File formats: PDF, DOCX and HTML supported.
  • Integrations: Connectors for Salesforce, NetSuite, and Google Workspace.
  • Security: TLS in transit; AES-256 at rest.

Select authentication strength, retention policies, and audit settings that meet legal and internal compliance requirements prior to signing.

Representative eSignature Pricing and Feature Comparison

Compare basic starting prices and common capability markers that affect execution and compliance for Performance Services Agreements. Prices reflect vendor annual billing plans and typical entry-level tiers.

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 trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Security and Compliance Considerations

In-transit Encryption: TLS 1.2/1.3
At-rest Encryption: AES-256
Certifications: SOC 2 Type II
Regulatory Support: ESIGN/UETA
Healthcare: HIPAA BAA available
FDA Records: 21 CFR Part 11 support

Common Legal Risks and Financial Consequences

Late Performance: Damages and liquidated damages
Incorrect Billing: Payment disputes and delays
Missing Signatures: Potential unenforceability
Improper Notices: Waived rights or missed cure periods
Noncompliance: Regulatory fines in regulated industries
Data Breach: Liability and remediation costs

Common Preparation Errors to Avoid

  • Ambiguous scope descriptions that fail to list excluded tasks, leading to disputes over whether additional work is billable.
  • Undefined acceptance criteria or test procedures, which cause disagreements about whether deliverables meet contract requirements.
  • Missing authorization blocks or unsigned signature lines, which can render the agreement unenforceable or require re-execution.
  • Failure to document change orders and approvals, creating scope creep and payment conflicts later in the project.

Practical Tips for Accurate and Efficient Completion

Apply these drafting and execution practices to reduce negotiation time and strengthen enforceability.

Use a clear statement of work
Attach a detailed SOW with deliverable acceptance tests and sample outputs to minimize subjectivity when determining completion.
Limit vague terms
Avoid phrases such as 'reasonable time' or 'commercially reasonable' without defined metrics or examples to reduce disputes.
Align signers and authorities
Confirm authorized signatories and corporate approval thresholds before execution to prevent later challenges to authority.
Preserve an audit trail
Use an eSignature platform that captures timestamps, IP addresses, and signer authentication to support admissibility.

Real-World Examples of Service Agreement Use

Below are concise examples showing how organizations use Performance Services Agreements to manage service delivery and compliance.

Optica Ventures (COO)

Optica adopted a standardized agreement to reduce back-and-forth negotiations and speed onboarding of vendors

  • The COO emphasized simplifying the interface for internal and external users
  • As a result, the company reported fewer execution errors and faster customer completion times while maintaining clear acceptance criteria for deliverables.

Martin Properties (Founder)

A real estate operator shifted to electronic agreements for contractor services to avoid onsite signings

  • They required mobile signing while offline capability was essential on-site
  • This enabled faster contractor payments and ensured compliance and completeness across multiple properties with built-in audit trails.

Authorized Signers and Roles

Company Officer

A chief executive, president, or authorized officer typically signs on behalf of a corporate party. Confirm that the signer has authority under corporate bylaws or a board resolution to bind the entity; attach written evidence if needed.

Authorized Agent

An employee with delegated signing authority may sign if documented by a corporate resolution or power of attorney. Ensure their role and authority are stated explicitly to avoid challenges to execution.

Key Milestones and Processing Stages

Track the agreement’s lifecycle from negotiation to post-completion obligations using measurable milestones and handoffs.

01

Draft Completed

Agreement text and SOW finalized and circulated for review.

02

Internal Approval

Legal and finance complete review and approve terms for signature.

03

Execution

Authorized parties sign and date the agreement; execution copies distributed.

04

Performance & Closeout

Deliverables accepted, final payments processed, and retention copies archived.

Typical Timing and Deadlines to Monitor

Identify contractual deadlines and legal filing dates that affect enforcement, payment triggers, and recordkeeping obligations.

Effective Date and Term:

Specify the effective date in MM/DD/YYYY and the term or end date for obligations.

Milestone Due Dates:

List milestone completion dates tied to payment releases and acceptance testing.

Invoice Due Dates:

State payment terms, commonly net 30, net 45, or milestone-based payment triggers.

Cure Periods:

Specify cure durations for breaches and notice requirements for termination.

Record Retention Dates:

Note retention start and anticipated disposal dates per company policy and law.

How to Update or Amend the Agreement

Follow a controlled amendment process to ensure changes are authorized and enforceable.

01

Identify Change:

Describe scope and reason for the proposed amendment.
02

Draft Amendment:

Prepare a written amendment referencing the original agreement and specific clause changes.
03

Obtain Approvals:

Secure internal approvals from legal and finance before circulation.
04

Execute Amendment:

Have all original parties sign the amendment with dated signatures.
05

Distribute Copies:

Provide executed copies to all parties and update contract repository.
06

Archive Versions:

Keep both original and amended versions for retention and audit purposes.

Frequently Asked Questions about Performance Services Agreements

Answers to common questions about enforceability, notarization, signatures, and recordkeeping for Performance Services Agreements.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.