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Personal Name Agreement

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PERSONAL NAME AGREEMENT

Effective Date:

Parties

Relationship between Parties:

Recitals and Purpose

Name Holder is the lawful holder of the personal name: (the "Name"). Name Holder desires to permit limited use of the Name by Recipient subject to the terms and conditions set forth in this Agreement. Recipient desires to obtain such permission and agrees to be bound by this Agreement.

Definitions

"Permitted Use" means:

"Territory" means:

Grant of Permission

Subject to the terms of this Agreement, Name Holder hereby grants Recipient a: license to use the Name solely for the Permitted Use and within the Territory for the Term specified in this Agreement.

Specific limitations on Permitted Use (format, media, attribution, etc.):

Consideration

Recipient shall pay or provide consideration to Name Holder as follows (select and describe):

Restrictions and Prohibited Uses

Recipient agrees not to use the Name for any of the following without prior written consent of Name Holder:

Ownership and Attribution

Name Holder retains all rights, title, and interest in and to the Name. Recipient shall not claim ownership of the Name. Where practical, Recipient shall give credit to Name Holder in the following form:

Term and Termination

Term begins on:

Termination:

Notice period for termination (days):

Representations and Warranties

Name Holder represents and warrants that Name Holder has the full legal right to grant the permission contemplated by this Agreement and that, to Name Holder’s knowledge, use of the Name as permitted will not infringe the rights of a third party. Recipient represents and warrants that Recipient will use the Name only as permitted by this Agreement and will comply with all applicable laws and regulations.

Indemnification

Recipient shall defend, indemnify, and hold harmless Name Holder and Name Holder’s agents, employees and assigns from and against any liabilities, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising out of Recipient’s breach of this Agreement or Recipient’s use of the Name beyond the scope of the Permitted Use.

Confidentiality and Privacy

Any confidential information exchanged in connection with the performance of this Agreement shall be held in confidence by the receiving party and shall not be disclosed except as required by law or as necessary to perform under this Agreement. The parties agree to comply with applicable privacy obligations respecting personal data.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below:

Miscellaneous

Assignment: Neither party may assign its rights under this Agreement without the prior written consent of the other party, except that Name Holder may assign to an affiliate or successor in interest.

Amendment: This Agreement may be amended only by a written instrument signed by both parties.

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Governing Law: The laws of shall govern this Agreement without regard to conflict of laws principles.

Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter and supersedes all prior agreements and understandings, oral or written.

Witness (Optional)

Name Holder:

By:

Date:

Recipient:

By:

Date:

Enter text✕

What a Personal Name Agreement Covers

A Personal Name Agreement is a written contract that sets out the rights and limits for using an individual’s personal name, stage name, or likeness for commercial or noncommercial purposes. It defines who may use the name, for which activities, for what term and territory, and whether compensation, royalties, or credits apply. The agreement typically includes warranties about ownership or authority to license the name, confidentiality terms, termination and revocation provisions, and signature blocks for the parties. Properly drafted, it creates enforceable obligations and helps avoid disputes over publicity, trademark, or privacy rights.

Why this Agreement Matters

Using a Personal Name Agreement clarifies permission and limits, protects publicity and trademark interests, allocates compensation and risk, and documents consent for endorsements or branded uses. It reduces ambiguity, provides a basis for enforcement, and makes downstream licensing or sublicensing possible with clear legal terms.

Why this Agreement Matters

Who Typically Prepares or Signs This Agreement

Common parties include the name owner (individual) and the licensee (company, producer, publisher), plus agents or attorneys representing either side.

  • Individuals (public figures, creators, or trademark owners who license name use for endorsements or products.
  • Businesses and brands that want to use a person’s name for marketing, merchandise, or promotional materials.
  • Agents, managers, or legal counsel who sign on behalf of a principal under delegated authority.

Counsel often prepares or reviews the agreement to ensure the scope, compensation, and indemnity provisions align with state law and the parties’ business objectives.

Core Elements to Include in a Professional Agreement

A robust Personal Name Agreement addresses scope, duration, compensation, and risk allocation while keeping language specific to avoid future disputes.

Grant of Rights

Precisely describe permitted uses (promotion, merchandise, audiovisual) and whether rights are exclusive, nonexclusive, transferable, or sublicensable across identified media.

Scope and Territory

Limitations on activities, geographic territory, and channels of use; define online vs offline rights and restrictions on derivative uses or alterations.

Term and Renewal

Specify effective date, contract length, renewal mechanics, and conditions that trigger termination or automatic renewal, including notice periods.

Compensation

Detail fixed fees, royalties, profit splits, payment schedule, tax responsibilities, and whether expenses or advances apply to future accounting.

Representations

Statements that the name owner has the right to license the name and that use will not infringe third-party rights; include authority to enter agreement.

Indemnity and Termination

How breach, misuse, or third-party claims are handled, limits on liability, cure periods, and consequences of termination for existing materials.

Step-by-Step: Complete the Agreement

Follow these sequential steps to prepare, review, and finalize the Personal Name Agreement.

  • 01
    Prepare Draft: Identify parties, scope, and compensation; draft clear grant language.
  • 02
    Review Terms: Confirm trademark or other rights and check for conflicts.
  • 03
    Sign and Authenticate: Obtain signatures, notarization if required, or secure e-signatures.
  • 04
    Distribute Copies: Provide signed copies to all parties and retain an executed original.

How to Configure an Online Signing Workflow

When completing the agreement online, configure fields and authentication to match the risk profile and legal requirements.

Field Configuration
Signature Field Require signer signature and date; lock after signing.
Authentication Use email link plus optional SMS code for stronger signer verification.
Conditional Clauses Show payment or territory fields only when checkbox triggers appear.
Audit Trail Capture IP, timestamp, and action log for evidentiary support.

Digital Signing and File Requirements

Ensure the signing platform supports secure PDF or DOCX, audit trails, and appropriate signer authentication methods.

  • File Formats: PDF/A or DOCX accepted
  • Authentication: Email, SMS, or KBA options
  • Integrations: CRM and cloud storage

For enterprise workflows, choose a platform with ISO 27001 and SOC 2 compliance, HIPAA BAA availability if healthcare data is involved, and integrations with systems such as Salesforce, NetSuite, Microsoft 365, Google Workspace, or Box to streamline storage and retrieval.

Where to Send or File the Executed Agreement

Routing depends on the parties’ needs and recordkeeping obligations; follow organizational rules for legal and tax records.

  • To the Licensor: Send a fully executed copy for the licensee’s files.
  • To the Licensee: Store in contract management and finance systems.
  • To Agents: Provide copies to managers or talent representatives.
  • To Legal: Forward for retention and compliance review.

Key Deadlines and Timing Expectations

Track critical dates to avoid missed payments, renewal windows, or expiration of rights under the agreement.

Effective Date Entry:

Enter MM/DD/YYYY when signing to fix start of rights and obligations.

Countersignature Deadline:

Set a countersign deadline (commonly 7–30 days) to confirm acceptance.

Payment Schedule:

Specify due dates for initial fees and recurring royalties or milestone payments.

Renewal Notice:

Require written renewal notice 30–90 days before term end where applicable.

Notarization Window:

If notarization is required, schedule within the execution period to ensure validity.

Common Preparation Errors to Avoid

  • Using vague scope language that fails to specify media, territory, or duration, which leads to disputes over permitted uses.
  • Failing to confirm that the signing party actually owns or has authority to license the name or related trademark rights.
  • Neglecting tax and withholding implications for payments to individuals, which can create federal and state reporting liabilities.
  • Omitting termination terms or cure periods, leaving parties uncertain about rights after breach or contract expiry.

Potential Legal and Financial Risks

Void License: Improper authority may render the grant unenforceable.
Infringement Claims: Third-party trademark claims can lead to takedown or damages.
Tax Liability: Incorrect reporting can trigger IRS penalties.
Breach Damages: Contract breach may require monetary or injunctive relief.
Reputational Harm: Unauthorized use can harm the name owner's public image.
Statutory Penalties: Privacy or publicity violations may incur statutory fines.

Typical eSignature Vendor Pricing and Feature Snapshot

Compare basic pricing and key features that matter for signing Personal Name Agreements; signNow is listed first as the reference vendor.

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
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About Personal Name Agreements

Answers to frequent execution and enforceability questions when preparing or reviewing a Personal Name Agreement.


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