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Commitment Agreement
I need a commitment agreement outlining the responsibilities and obligations of both parties for a collaborative project, including clear timelines, deliverables, and confidentiality clauses, with a focus on mutual accountability and dispute resolution mechanisms.
What is a Commitment Agreement?
A Commitment Agreement sets out binding promises between parties to take specific actions or meet certain obligations in the future. Common in Australian business and property deals, these agreements spell out exactly what each side will do and by when - like promising to lease a commercial space, buy assets, or deliver services.
Unlike standard contracts, Commitment Agreements focus mainly on future actions and often work as stepping stones to larger deals. They're particularly useful in commercial property development, joint ventures, and major business transactions where parties need formal assurance before moving forward. Under Australian contract law, they create enforceable obligations when properly drafted and signed.
When should you use a Commitment Agreement?
Use a Commitment Agreement when you need formal assurance that another party will follow through on future promises - especially in complex Australian business deals. These agreements work perfectly for staged property developments, joint ventures, or any situation where you need to lock in commitments before finalizing the main contract.
They're particularly valuable when dealing with multiple stakeholders, high-value transactions, or projects with extended timelines. For example, property developers use them to secure tenant commitments before construction, while businesses rely on them to guarantee supplier arrangements or funding promises. The agreement creates clear accountability and helps manage risk by documenting exactly what each party has promised to do.
What are the different types of Commitment Agreement?
- Basic Commitment Agreements outline simple future promises, like guaranteeing future purchases or service delivery
- Property Development Commitments detail staged construction milestones, tenant pre-commitments, and funding arrangements
- Joint Venture Commitments specify resource contributions, profit-sharing arrangements, and operational responsibilities
- Financial Commitment Agreements focus on investment pledges, loan provisions, or capital raising terms
- Supply Chain Commitments establish future purchase volumes, pricing structures, and delivery schedules between business partners
Who should typically use a Commitment Agreement?
- Property Developers: Use Commitment Agreements to secure pre-lease commitments and funding arrangements before construction begins
- Corporate Legal Teams: Draft and review agreements to ensure enforceability and protect company interests
- Business Owners: Rely on these agreements when forming partnerships or securing future business arrangements
- Commercial Tenants: Sign commitments to secure future lease terms or development specifications
- Investment Partners: Document capital contribution promises and profit-sharing arrangements
- Project Managers: Monitor and enforce compliance with agreed milestones and deliverables
How do you write a Commitment Agreement?
- Party Details: Gather full legal names, ABNs, and contact information for all parties involved in the commitment
- Core Promises: List specific actions, deliverables, or obligations each party commits to fulfill
- Timelines: Define clear deadlines, milestone dates, and duration of commitments
- Financial Terms: Document any monetary obligations, payment schedules, or funding arrangements
- Performance Measures: Specify how completion or compliance will be measured and verified
- Exit Conditions: Define circumstances allowing parties to modify or end commitments
- Review Process: Use our platform to generate a legally-sound agreement that includes all essential elements
What should be included in a Commitment Agreement?
- Party Identification: Full legal names, ABNs, and authorized representative details for all signatories
- Commitment Details: Clear description of promised actions, deliverables, or obligations
- Timeframes: Specific dates for performance, milestones, and duration of commitments
- Consideration: Statement of value exchange making the agreement legally binding
- Performance Terms: Measurable standards and verification methods
- Default Provisions: Consequences and remedies for non-performance
- Governing Law: Explicit statement that Australian law applies
- Execution Block: Proper signature sections with witness requirements
What's the difference between a Commitment Agreement and an Access Agreement?
A Commitment Agreement differs significantly from a Business Acquisition Agreement in several key ways. While both documents deal with future business arrangements, they serve distinct purposes in Australian commercial law.
- Timing and Scope: Commitment Agreements focus on future promises or obligations, while a Business Acquisition Agreement finalizes an immediate transfer of business ownership
- Legal Effect: Commitment Agreements create binding promises for future actions, whereas Business Acquisition Agreements execute an immediate change in ownership and control
- Complexity Level: Commitment Agreements are typically simpler, focusing on specific future obligations. Business Acquisition Agreements involve comprehensive terms covering assets, liabilities, employees, and operational details
- Duration: Commitment Agreements often serve as stepping stones to larger transactions, while Business Acquisition Agreements represent the final transaction itself
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