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Commitment Agreement
I need a commitment agreement for a collaborative project between two companies, outlining the responsibilities, timelines, and deliverables for each party. The agreement should include confidentiality clauses, a dispute resolution mechanism, and a termination clause with a 30-day notice period.
What is a Commitment Agreement?
A Commitment Agreement puts promises in writing between parties who want to formalize their obligations before signing a full contract. Companies in India often use these agreements during business negotiations, real estate deals, or partnership discussions to show they're serious about moving forward.
Unlike a Memorandum of Understanding, a Commitment Agreement creates legally binding obligations under Indian Contract Law. It spells out specific actions each party must take, timelines they'll follow, and any money or resources they'll commit. Breaking these commitments can lead to legal consequences, making it a powerful tool for securing important business relationships.
When should you use a Commitment Agreement?
Use a Commitment Agreement when you need to lock in key terms during complex negotiations but aren't ready for a full contract. This works especially well in Indian business scenarios like joint ventures, property developments, or large-scale procurement deals where parties need to show serious intent and secure resources.
It's particularly valuable when dealing with time-sensitive opportunities, multiple stakeholders, or situations requiring significant preparation costs. For example, a real estate developer might use it to reserve land while arranging financing, or a manufacturer might secure critical supply commitments during factory setup. The agreement helps prevent parties from walking away after substantial investments have been made.
What are the different types of Commitment Agreement?
- Employment Commitment Letter From Employee To Employer: Employee pledges to join or continue employment on specific terms, often used for confirming job acceptance or retention during notice periods.
- Project-Based Commitment: Outlines delivery timelines, milestones, and resource allocation for specific business initiatives or construction projects.
- Financial Commitment: Details funding obligations, payment schedules, and investment terms, commonly used in joint ventures or real estate transactions.
- Supply Chain Commitment: Establishes product quantities, delivery schedules, and quality standards between manufacturers and suppliers.
Who should typically use a Commitment Agreement?
- Business Owners and Entrepreneurs: Use these agreements to formalize intentions during negotiations, protect investments, and secure business relationships before final contracts.
- Real Estate Developers: Rely on commitments to reserve properties, secure development rights, and lock in financing arrangements with investors.
- Corporate Legal Teams: Draft and review agreements to ensure enforceability under Indian contract law while protecting company interests.
- HR Managers: Handle employment-related commitment letters for new hires, retention agreements, and role transitions.
- Project Managers: Use these documents to secure resources and formalize vendor commitments for major initiatives.
How do you write a Commitment Agreement?
- Basic Details: Gather full legal names, addresses, and business registration details of all parties involved in the agreement.
- Core Commitments: List specific obligations, timelines, and deliverables each party agrees to fulfill.
- Financial Terms: Document any monetary commitments, payment schedules, or resource allocations clearly.
- Duration and Deadlines: Define the agreement's start date, end date, and key milestone dates.
- Compliance Check: Our platform ensures your agreement includes all mandatory elements under Indian contract law, reducing legal risks and drafting errors.
- Authorization: Confirm signing authority and collect necessary internal approvals before finalizing.
What should be included in a Commitment Agreement?
- Party Details: Full legal names, addresses, and authorized representatives of all parties involved.
- Scope Statement: Clear description of commitments, obligations, and intended outcomes.
- Consideration Clause: Details of value exchange or mutual benefits, essential for enforceability under Indian Contract Act.
- Timeline Section: Specific dates for performance, milestones, and agreement duration.
- Termination Terms: Conditions and process for ending the agreement early.
- Governing Law: Explicit statement placing the agreement under Indian jurisdiction.
- Signature Block: Space for authorized signatures, witness details, and company seals if required.
What's the difference between a Commitment Agreement and a Business Acquisition Agreement?
A Commitment Agreement differs significantly from a Business Acquisition Agreement in both scope and purpose. While both documents formalize business relationships, they serve distinct functions in Indian commercial law.
- Legal Binding Nature: Commitment Agreements create preliminary obligations but leave room for negotiation, while Business Acquisition Agreement forms a final, comprehensive contract for business transfer.
- Timeline and Duration: Commitment Agreements typically serve as interim arrangements leading to fuller contracts, while acquisition agreements represent the final transaction document.
- Detail Level: Commitment Agreements outline basic terms and intentions, whereas acquisition agreements include exhaustive details about assets, liabilities, warranties, and post-sale obligations.
- Risk and Liability: Commitment Agreements carry limited liability focused on good-faith negotiation, while acquisition agreements involve substantial liability and detailed indemnification provisions.
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