While co-sharing agreements are becoming increasingly popular, it is clear that a number of legal issues need to be carefully considered during the negotiation phase, both for licensing and leases. Licensees and licensees must consider their business plans and needs before entering into an agreement. Keep in mind that a coworking contract is much closer to an agreement signed by a customer in a hotel, or even a gym membership than a typical CRE leasing contract. Operators provide tenants with access to a wide range of services and economic benefits, not just the physical workstation itself. This is another reason why coworking does not involve the legal complications of traditional space, where in the flexible working areas operators is much more hosts than owners. When a tenant wishes to become a licensee, i.e. a desk offers or is active to offer shared space arrangements, there are important provisions that must be negotiated with a landlord before entering into a lease agreement. The host and the client agree that for the duration and thereafter, the recipient of non-public information from the other party, who are considered confidential or proprietary, whose recipient party knew or should reasonably have known that they were confidential or proprietary, or who derive an independent value from the fact that they are not known to all (“Confidential Information”), are never disclosed by such a recipient to a person or used for his own benefit or for the benefit of others, without the prior written permission of a company official who holds that confidential information. The parties agree that in the event of a breach of this obligation by one of the parties, the other party has the right to demand remedies for law and/or equity, including, but not limited to an appropriate termination action or a particular benefit, as it may be granted by a competent court.
Regardless of the above, the client accepts all the risks associated with his intellectual property rights used in the space and neither the host nor the respective owner is responsible for disclosing your confidential information to third parties located in or around the shared space or facilities. This joint office license defines the conditions for renting the space, including payment fees, the amount of the loan, the duration of the lease, the maintenance of the space and so on. We talked at length about the benefits of coworking space, first of all about the flexibility it offers businesses. However, some additional benefits are often overlooked, particularly in the accounting and legal aspects of a coworking agreement. To obtain agreement on all official documents, or as they say in the legal world, the document must first be dated at the top of the first page (do not date the document before signing it, if you do not actually sign it on that date) and be signed by both parties on the stated execution page (no witnesses required). We recommend that both parties sign the document at the same time and place (but if they don`t, make sure you don`t date the agreement until after the second part is signed). Both parties must receive a copy (either by the signature of two originals or by a photocopy of the original version) and be kept in a safe place so that they can be reported if necessary. A license differs from a sublease contract because the office (or part of the office) is used in common.
In other words, the licensee has no exclusive use of the territory or part of the territory. For example – it may have common areas like a kitchen or a bathroom. Want to know more? This article explains the difference between a license and a lease. This agreement is used when the “licensee” occupies offices and wishes to lease part of it to another, the “licensee”. From a legal point of view, coworking does not have the possible legal links that normally have traditional leases.