Guarantee agreement (personal guarantee) template

A guarantor promises a creditor that another will perform an obligation: kind, maximum amount, period, claims. A sample contract you can read in full, edit in QuoteBill and sign online with a secure link.

Sample — review with a lawyer · Simple electronic signature with an audit trail

First page of the Guarantee agreement (personal guarantee) sample, with the blanks to fill in marked

Who it is for

For a creditor who wants someone to stand behind another’s obligation, such as a loan or rent, and for the guarantor who wants the limit, the period and the terms written down.

Guarantees are strictly regulated (form, maximum amount, family protection). Some countries void one unless on paper with a handwritten signature, so e-signing may not be enough: check first, sign on paper if required.

What it covers

13 clauses, in this order. Each one is in the sample text below, and you can edit, remove or add clauses before you send.

  • 1. Purpose

    What the agreement is for: the Guarantor guarantees to the Creditor that another person, the Debtor, will perform an obligation. The Debtor is not a party to it.

  • 2. The guaranteed obligation

    Blanks for the Debtor’s name and address and for the obligation guaranteed, such as a loan or rent, with the contract, its date and the amounts.

  • 3. Kind of guarantee

    A choice between a secondary guarantee, paid only if the Debtor does not pay after being asked first, and a joint one. The parties add any form or wording the law requires.

  • 4. Maximum amount

    A blank for the highest sum the Guarantor can be asked to pay, and whether interest and costs count towards it. Never more than the Debtor owes.

  • 5. Period

    Blanks for the period the guarantee covers and when it ends. A claim on the Guarantor must be made before the end or within a blank number of months after it.

  • 6. Claim on the Guarantor

    A written or electronic notice showing the amount and how it is worked out, and why the Debtor has not paid. Payment within a set number of days; normally the Debtor is asked first.

  • 7. Information and changes to the Obligation

    The Creditor tells the Guarantor if the Debtor falls behind. A change that makes the debt bigger or longer binds the Guarantor only if the Guarantor agrees. A copy of the contract can be requested.

  • 8. After the Guarantor pays

    The Guarantor may claim the amount back from the Debtor and receives the documents and rights needed for that. The Creditor does not claim the same sum twice.

  • 9. Statements of the Guarantor

    The Guarantor confirms it has read the agreement, knows the main terms, understands it may have to pay from its own assets and signs freely. A blank covers any consent the law requires from a spouse or partner.

  • 10. End of the guarantee

    The guarantee ends when the debt is performed in full or the period ends. The Creditor then confirms it on request and returns the guarantee documents.

  • 11. Rules that apply

    Guarantees are regulated in many countries, with rules on form, maximum amounts, information, cooling-off and consumers. The parties follow them, and a consumer’s legal rights are not reduced.

  • 12. Notices and changes

    This contract is the whole agreement on the guarantee. Changes need both sides’ written or electronic agreement, and notices go to the addresses stated.

  • 13. Governing law and disputes

    The law you name applies. The sides first try to settle a dispute in good faith, and otherwise the courts you name decide.

There is no price schedule: this agreement involves no payment.

The sample text

The whole sample, as QuoteBill starts it. Text in double square brackets, like [[10]], is a blank to fill in or check. A figure or time such as [[10]] that you leave as it is is used as shown when you send; a blank that needs your own words must be filled first. The clause text is written in English, Korean, Japanese and German; in other languages a contract starts in English for you to translate.

Read the sample text

Guarantee Agreement

Parties: Creditor · Guarantor

1. Purpose

This agreement records that the Guarantor guarantees to the Creditor that another person, the Debtor, will perform the obligation described below. The Debtor is not a party to this agreement.

2. The guaranteed obligation

The Debtor is [[Name and address of the person whose obligation is guaranteed]] (the “Debtor”).

The obligation guaranteed is: [[Describe the obligation, e.g. repayment of a loan, rent, or payment for goods or services, with the contract, its date and the amounts]] (the “Obligation”).

3. Kind of guarantee

The Guarantor’s liability is [[secondary: the Guarantor pays only if the Debtor does not pay and the Creditor has first asked the Debtor / joint with the Debtor: the Creditor may ask the Guarantor or the Debtor, or both]].

What the law that applies requires for a guarantee to be valid, such as a particular written form or wording, is added to this agreement by the parties where needed.

4. Maximum amount

The Guarantor’s liability is limited to [[Maximum amount and currency]]. This limit [[includes / does not include]] interest and costs: [[none / the interest and costs that may be added, where the law allows it]]

The Guarantor never has to pay more than the Debtor owes.

5. Period

The guarantee covers the Obligation as it arises [[from the effective date until the end date / until it has been fully performed]], and ends [[on the end date, or: when the Obligation has been fully performed]].

A claim against the Guarantor must be made in writing or in electronic form before the period ends or within [[6]] months after it.

6. Claim on the Guarantor

The Creditor claims by a notice in writing or in electronic form that shows the amount due, how it is calculated and why the Debtor has not paid. The Guarantor pays within [[14]] days of the notice.

Before it claims, the Creditor asks the Debtor to pay, in writing or in electronic form, unless the kind of guarantee chosen above does not require it.

7. Information and changes to the Obligation

The Creditor tells the Guarantor without delay if the Debtor falls behind with a payment and, on request, tells the Guarantor how much is still owed.

A change that makes the Debtor’s obligation larger, longer or harder to perform binds the Guarantor only if the Guarantor agrees to it in writing or in electronic form.

The Guarantor may ask the Creditor at any time for a copy of the contract with the Debtor [[or a summary of its main terms]].

8. After the Guarantor pays

When the Guarantor has paid, it may claim the amount from the Debtor, and the Creditor gives it the documents and, as far as the law that applies allows, the rights it needs for this. The Creditor does not claim from the Debtor an amount the Guarantor has already paid.

9. Statements of the Guarantor

The Guarantor confirms that it has read this agreement, that it has been told the main terms of the Debtor’s obligation, that it understands that it may have to pay from its own assets if the Debtor does not, and that it signs of its own free will and without pressure.

Consent or information that the law that applies requires from the Guarantor’s spouse, partner or others: [[none / what is required]]

10. End of the guarantee

The guarantee ends when the Obligation has been fully performed or the period has ended, whichever comes first. The Creditor then confirms this in writing or in electronic form on request and returns any document it holds as proof of the guarantee.

11. Rules that apply

Guarantees are regulated in many countries: the law that applies may require a particular form, a maximum amount, information before signing, a cooling-off period or special protection for consumers. The parties follow these rules, and if the Guarantor is a consumer, the rights the law gives it are not reduced by this agreement.

12. Notices and changes

This contract is the entire agreement between the Creditor and the Guarantor on the guarantee. Changes are valid only if both agree to them in writing or in electronic form. Notices are given to the addresses stated for the parties, or to another address a party has notified.

13. Governing law and disputes

This agreement is governed by the law stated under Governing law. The parties will first try to settle any dispute in good faith. Otherwise the courts stated under Jurisdiction decide, unless mandatory law provides otherwise.

Governing law

[[Country or state whose law applies]]

Jurisdiction

[[Courts that decide disputes, e.g. the courts of your city]]

How to use it

  1. Choose the template

    Press the button to use this template. If you are not signed in, you first sign in or sign up for free and then come straight back to it.

  2. Start a draft

    The new-contract page opens with this template marked. Press its card to create a draft. Your company details fill in Party A, and you fill in the blanks, the other party and, where the template has one, the price schedule.

  3. Send it for signature

    You sign first, then send each signer a secure link and, by another route, an access code. Signers need no account.

Next steps

What it is, and what it is not

QuoteBill creates a simple electronic signature with an audit trail. In the EU, the UK, the US and Korea a signature is not denied legal effect only because it is electronic, and in Japan most contracts need no particular form at all. What a simple electronic signature proves in a dispute depends on the evidence behind it, and some documents need another form.

It is not a qualified or advanced electronic signature, and QuoteBill does not verify who the signers are. It records the use of the link and access code you delivered, so anyone who has both can sign. The signature certificate lists every link issued and, for each action by the sender or a signer, its IP address and browser where they could be read.

Some documents need another form. Wills, many real-estate transfers, guarantees and some employment documents must, in some countries, be handwritten, notarised or signed with a qualified signature. The templates are samples, not legal advice: review them with a lawyer.

Are e-signatures legally binding? Read the guide

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