Are electronic commitments legally binding?

Yes, electronic commitments can be binding when they satisfy the ESIGN Act and UETA requirements: there must be intent to sign, consent to do business electronically, attribution, and a record retention capability (see 15 U.S.C. §7001).

Do consumer-facing commitments need special disclosure?

If the commitment creates consumer-facing financial or benefit records, ESIGN requires a consumer disclosure and affirmative consent procedure under 15 U.S.C. §7001(c); ensure the signer can access the electronic record and can withdraw consent.

When is notarization required?

Notarization depends on the subject matter and state law. Real estate-related commitments commonly require notary acknowledgement; verify state-specific notary and witness rules before execution.

How to fix a signature name mismatch?

Correct by executing an amendment or corrective affidavit showing the signer’s authority and identity; have counsel prepare a short correction to avoid disputes over signature validity.

Can I use remote online notarization (RON)?

Many states permit RON with identity proofing and audio-video retention; RON requirements vary—confirm the state notary commission rules and record retention obligations before relying on RON.

What if a party refuses to sign the definitive agreement?

Review the commitment’s remedies clause; if the commitment limits remedies, pursue specified damages or termination rights. Absent a remedies clause, seek enforcement or damages under general contract law.

Electronic Signature
Templates
Miscellaneous
Commitment to be Signed Agreement

Commitment to be Signed Agreement

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

COMMITMENT TO BE SIGNED AGREEMENT

This Commitment to be Signed Agreement (the Agreement) is entered into as of by and between the parties identified below.

Parties

Party A (Commitor) Name: Party A Address: Party B (Beneficiary) Name: Party B Address:

Recitals

WHEREAS, Party A has offered to commit to the performance of certain obligations and to provide resources in connection with (the Commitment); and

WHEREAS, Party B requires such Commitment and agrees to accept the Commitment subject to the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend by this instrument to set forth their mutual obligations, payment terms and other material terms governing the Commitment.

Scope of Work

Party A will perform the work and provide the services described below in a professional and timely manner in accordance with industry standards:

Payment Terms

Total Commitment Amount: Payment Schedule / Milestones:

Invoices issued by Party A shall be due and payable within days of receipt. Late payments shall accrue interest at the lesser of (a) the rate of or (b) the maximum rate permitted by applicable law. A late fee shall be assessed after a grace period of days from the invoice due date.

All amounts are payable in legal tender of the jurisdiction specified in this Agreement and are exclusive of taxes, duties and similar charges, which shall be paid by the party required by applicable law to remit such amounts unless otherwise agreed in writing.

Term and Termination

This Agreement commences on and continues until unless earlier terminated as provided herein.

Either party may terminate this Agreement without cause by delivering written notice to the other party at least days prior to the effective date of termination. Either party may terminate immediately for material breach if the breaching party fails to cure the breach within thirty (30) days after receipt of written notice specifying the nature of the breach. Termination shall not relieve either party of obligations accrued prior to the effective date of termination.

Confidentiality

Each party (the Receiving Party) shall hold in confidence and not disclose to any third party any Confidential Information of the other party (the Disclosing Party) disclosed in connection with this Agreement, except as expressly permitted by this Agreement or required by law. "Confidential Information" includes non-public business information, pricing, technical data, trade secrets, business plans and customer information, but does not include information that (i) is or becomes generally available to the public other than by breach of this Agreement, (ii) is rightfully received from a third party without restriction, or (iii) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information.

The confidentiality obligations described in this Section shall remain in effect for years following the termination or expiration of this Agreement, except with respect to trade secrets, which shall remain subject to protection for as long as they qualify as trade secrets under applicable law.

Representations; Additional Provisions

Each party represents and warrants that it has full corporate or individual power and authority to enter into and perform this Agreement and that execution and delivery of this Agreement has been duly authorized. Neither party will assign its rights or delegate its duties under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflicts of laws principles. The parties agree that exclusive jurisdiction for any action arising out of or relating to this Agreement shall be the state and federal courts located in that state.

Entire Agreement and Amendment

This Agreement, together with any documents expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, written or oral. No amendment or modification of this Agreement shall be effective unless in writing and signed by duly authorized representatives of both parties.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed to the extent necessary to make it valid and enforceable, and the remaining provisions of this Agreement shall remain in full force and effect.

Party A (Commitor):

Printed Name:

By (Signature):

Date:

Party B (Beneficiary):

Printed Name:

By (Signature):

Date:

What the Commitment to be Signed Agreement Is

A Commitment to be Signed Agreement is a preparatory contract where a party formally promises to execute a subsequent agreement under defined terms and timing. It records mutual intent, essential deal points, and conditions precedent so that both sides know what must occur before the final document is signed. This template is commonly used to reserve negotiation outcomes, establish timelines for signature, and document reliance or consideration while the definitive agreement is completed.

Why use a Commitment to be Signed Agreement

This agreement reduces ambiguity by fixing key terms and deadlines, creates a clear record of intent that can support commercial reliance, and helps coordinate signing logistics among parties and advisors before the final contract is prepared.

Who typically prepares and signs this document

Parties use this agreement when they need an enforceable statement of commitment before the definitive document is ready; it is common in deals where timing, financing, or approvals matter.

Corporate development teams and law departments arranging conditional transactions and signature schedules.
Real estate buyers and sellers reserving an offer while inspections or financing are completed.
Service providers and clients agreeing to initial terms before executing a full services agreement.

Use the Commitment to be Signed Agreement when you need a short, focused record of intent—not to replace the substantive definitive agreement that will later govern the parties’ rights and obligations.

Typical signers and originators

Company Counsel

In-house or outside counsel commonly draft and review the commitment to ensure it limits exposure and sets clear conditions precedent. Counsel will typically confirm governing law, signature authority, and any required consumer disclosures for electronic consent.

Authorized Officer

A named officer or authorized representative signs on behalf of an entity; confirm corporate authority (board resolution or delegation) and match the signer name to corporate records to avoid later challenges.

Core components to include in a professional Commitment to be Signed Agreement

Structure the document so it captures the parties, a clear description of the future agreement, conditions precedent, timing, limited remedies, and signature blocks; keep the commitment concise and focused to avoid unintended long-term obligations.

Parties

Full legal names and entity types for each party; include state of formation and primary business address to prevent identity ambiguity.

Subject Agreement

Concise description of the definitive document to be signed (type, scope, and reference attachments) so both parties know what is being committed to.

Conditions Precedent

List approvals, financing, inspections, or regulatory clearances that must be satisfied before final execution of the definitive agreement.

Timing and Deadlines

Explicit dates or timing windows for delivery of the final agreement and for each party’s execution to avoid disputes over reasonable time.

Limited Remedies

Specify whether breach entitles parties to damages, specific performance, or merely termination rights; limit unintended equitable remedies where appropriate.

Signature Blocks

Designated signature lines with printed names, titles, dates, and witness or notary blocks if the jurisdiction or transaction requires authentication.

Required information and essential fields

Party Names: Full legal names

Entity Details: Formation state

Effective Date: MM/DD/YYYY

Commitment Scope: Brief description

Signature Lines: Printed name and title

Authentication: Notary or witness

Step-by-step: complete a Commitment to be Signed Agreement

Follow these steps to draft, review, and execute the commitment efficiently while preserving enforceability and minimizing risk.

01

Draft core terms: Identify parties, subject agreement, and key dates.
02

List conditions: Record approvals and contingencies clearly.
03

Obtain approvals: Secure internal sign-off or board authorization.
04

Execute and archive: Sign, date, and retain final copies for records.

How the signing and submission process typically flows

A clear signing workflow reduces back-and-forth and ensures the commitment is executed and circulated to all stakeholders on schedule.

Upload document: Place prepared commitment in the signing platform.
Assign signers: Add signer names, emails, and signing order.
Authenticate signer: Use email, SMS code, or stronger methods.
Complete signing: Signers sign; system records audit trail.

Common workflow settings for electronic completion

Configure the workflow to match the transaction complexity and required authentication strength before sending for signature.

Field	Configuration
Signing Order	Sequential or parallel routing
Authentication Method	Email link, SMS code, or KBA
Reminders	Automated email reminders
Audit Trail	Timestamp, IP, and action log

Technical and integration considerations

Choose a platform that supports your required authentication, audit trail, and retention features and that integrates with your document and CRM systems.

Integrations: Salesforce, NetSuite, Google Workspace
File formats: PDF, DOCX, and HTML supported
Authentication options: Email, SMS, KBA, SSO

Verify the platform can produce a tamper-evident signed PDF with a downloadable audit trail and supports any required BAAs or regulatory compliance for your industry.

Typical deadlines and timing expectations

Set explicit deadlines in the commitment to prevent ambiguity; include response windows for execution, conditions, and cure periods for breaches.

Signature Deadline:

Specify the number of days for signing, e.g., 10 business days.

Conditions Fulfillment:

Include target date or duration to satisfy conditions precedent.

Notice Periods:

Set clear notice windows for termination or cure.

Effective Date:

State whether effective upon last signature or specified date.

Document Retention:

Indicate required archive location and retention owner.

Key mistakes and the legal risks they create

Vague terms: May lead to unenforceability

Missing authority: Signature challenges possible

No deadlines: Creates performance disputes

Improper authentication: E-sign validity could be questioned

Failing ESIGN disclosure: Consumer records may be invalid

Ignoring retention rules: Regulatory noncompliance risk

eSignature vendor comparison for executing the Commitment to be Signed Agreement

Compare basic pricing and feature signals to select a platform that meets authentication and compliance requirements for executing commitments; signNow is listed first per vendor comparison conventions.

	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	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (Business Premium+)	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about commitments and electronic signing

Answers to common questions about enforceability, electronic signatures, authentication, and how to correct common errors when using a Commitment to be Signed Agreement.

Need help? Contact support

Are electronic commitments legally binding?
Yes, electronic commitments can be binding when they satisfy the ESIGN Act and UETA requirements: there must be intent to sign, consent to do business electronically, attribution, and a record retention capability (see 15 U.S.C. §7001).
Do consumer-facing commitments need special disclosure?
If the commitment creates consumer-facing financial or benefit records, ESIGN requires a consumer disclosure and affirmative consent procedure under 15 U.S.C. §7001(c); ensure the signer can access the electronic record and can withdraw consent.
When is notarization required?
Notarization depends on the subject matter and state law. Real estate-related commitments commonly require notary acknowledgement; verify state-specific notary and witness rules before execution.
How to fix a signature name mismatch?
Correct by executing an amendment or corrective affidavit showing the signer’s authority and identity; have counsel prepare a short correction to avoid disputes over signature validity.
Can I use remote online notarization (RON)?
Many states permit RON with identity proofing and audio-video retention; RON requirements vary—confirm the state notary commission rules and record retention obligations before relying on RON.
What if a party refuses to sign the definitive agreement?
Review the commitment’s remedies clause; if the commitment limits remedies, pursue specified damages or termination rights. Absent a remedies clause, seek enforcement or damages under general contract law.

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