CO-WORKING SPACE
AGREEMENT
This Co-Working Space Agreement (“Agreement”) is
executed on this ____________ day of ____________, at ____________.
BETWEEN
FIRST PARTY / SPACE PROVIDER
____________, S/o / D/o /
W/o ____________, aged about ____________
years, occupation/business ____________, having its
office/residence at ____________,
hereinafter referred to as the “SPACE PROVIDER” / “FIRST PARTY”.
AND
SECOND PARTY / MEMBER
____________, S/o / D/o /
W/o ____________, aged about ____________
years, occupation/business ____________, having address
at ____________,
hereinafter referred to as the “MEMBER” / “SECOND PARTY”.
The First Party and Second Party are collectively referred
to as the “Parties.”
WHEREAS
- That
the First Party is the lawful owner/authorized operator/manager of the
co-working premises situated at ____________.
- That
the First Party provides co-working office/workspace facilities to
individuals, professionals, startups, companies and other eligible users.
- That
the Second Party desires to use the designated workspace/facilities of the
First Party for carrying out its professional/business activities.
- That
the Parties have mutually agreed to record the terms and conditions
governing such use through this Agreement.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. GRANT OF CO-WORKING SPACE
The First Party agrees to provide the Second Party with a designated
desk / dedicated desk / cabin / private office / meeting space / other
____________ at:
Address:
The exact workspace allotted shall be:
Workspace No./Cabin No.: ____________
2. PURPOSE OF USE
The Member shall use the workspace solely for lawful professional/business/office
activities relating to:
____________
The Member shall not use the premises for any illegal,
immoral, hazardous or prohibited activity.
3. TERM
The Agreement shall commence from ____________
and shall remain valid until ____________, unless terminated
earlier in accordance with this Agreement.
4. MEMBERSHIP / SPACE FEE
The Member shall pay a monthly/periodic co-working fee of:
₹____________ (Rupees
____________ only).
The fee shall be payable on or before the ____________ day of
every month.
5. SECURITY DEPOSIT
The Member shall pay a refundable security deposit of:
₹____________ (Rupees
____________ only).
The security deposit shall be refundable upon
expiry/termination of the Agreement after adjustment of any outstanding dues,
damages or other lawful charges payable by the Member.
6. LOCK-IN PERIOD
The Parties agree to a lock-in period of ____________ months,
commencing from ____________, if applicable.
7. NOTICE PERIOD
Either Party may terminate this Agreement by giving ____________
days' prior written notice to the other Party, subject to the lock-in
period and other terms of this Agreement.
8. ACCESS TO PREMISES
The Member shall be permitted to access the workspace during
the following hours:
____________
Access outside the permitted hours shall be subject to prior
approval and applicable additional charges, if any.
9. COMMON FACILITIES
Subject to availability and the terms of the membership, the
Member may use the following common facilities:
a. Reception/common area;
b. Internet/Wi-Fi;
c. Electricity;
d. Drinking water;
e. Pantry/common kitchen;
f. Meeting/conference room;
g. Printing/scanning facilities;
h. Air-conditioning;
i. Washroom facilities;
j. Other facilities: ____________.
10. MEETING ROOM
Meeting/conference rooms may be used by the Member subject
to availability, prior booking and applicable charges.
11. INTERNET AND IT FACILITIES
The First Party may provide internet/Wi-Fi facilities. The
First Party shall not be responsible for any interruption caused by internet
service providers, technical failures, maintenance, force majeure or
circumstances beyond its reasonable control.
12. ELECTRICITY AND UTILITIES
Electricity, air-conditioning, water and other utilities
shall be included in the membership fee / charged separately as follows:
____________
13. HOUSEKEEPING
The First Party shall provide routine
housekeeping/common-area cleaning services as per the standard facilities of
the co-working premises.
The Member shall keep the allotted workspace clean and shall
not cause unnecessary damage or litter.
14. FURNITURE AND EQUIPMENT
The First Party may provide furniture/equipment including:
Chair / Table / Cabinet / Computer / Other:
____________
The Member shall use such furniture and equipment carefully
and shall be responsible for damage caused due to negligence or misuse.
15. BUSINESS ADDRESS
The Member may use the co-working address as a
business/communication address only if expressly permitted by the First Party
and applicable law.
Any use of the premises for company registration, GST
registration, trade licence, bank account, correspondence address or other
official registration shall require prior written permission wherever required.
16. MAIL AND COURIER
The First Party may receive ordinary business
correspondence/courier for the Member subject to its internal policies.
The First Party shall not be responsible for delay, loss,
damage or incorrect delivery caused by any courier/postal service.
17. VISITORS
The Member may receive clients, customers and visitors
during permitted hours, subject to the security and visitor policies of the
premises.
The Member shall be responsible for the conduct of its
visitors.
18. EMPLOYEES AND STAFF
The Member may use the workspace through its
employees/authorized personnel as permitted under the membership plan.
The Member shall remain responsible for the conduct and acts
of its employees, staff and representatives.
19. SUB-LETTING AND TRANSFER
The Member shall not sub-let, license, assign, transfer or
otherwise permit any third party to use the allotted workspace without prior
written consent of the First Party.
20. PROHIBITED ACTIVITIES
The Member shall not:
a. Carry out any illegal activity;
b. Store hazardous, explosive, inflammable or prohibited
materials;
c. Cause nuisance, disturbance or inconvenience to other
members;
d. Conduct activities that violate applicable law;
e. Use the premises for residential purposes;
f. Damage the premises, furniture or equipment;
g. Engage in activities prohibited by the
building/management rules.
21. NOISE AND DISTURBANCE
The Member shall maintain reasonable workplace discipline
and shall not create excessive noise or disturbance affecting other users.
22. SECURITY
The Member shall comply with all security procedures,
access-control requirements and building security rules prescribed by the First
Party.
23. LOSS OF PROPERTY
The First Party shall not be responsible for loss, theft or
damage to the Member's personal belongings, documents, equipment or other
property kept at the premises, except to the extent liability cannot lawfully
be excluded.
24. CONFIDENTIALITY
The Member shall maintain confidentiality of information
belonging to the First Party and other co-working members and shall not
disclose confidential information obtained through the use of the premises.
25. DATA AND PRIVACY
Each Party shall handle personal and business information
received from the other Party in accordance with applicable law and reasonable
privacy practices.
26. DAMAGE TO PROPERTY
The Member shall be responsible for the cost of
repairing/replacing any property, furniture, fixture or equipment damaged by
the Member, its employees, representatives or visitors due to negligence,
misuse or intentional acts.
27. COMPLIANCE WITH LAW
The Member shall obtain and maintain all licences,
registrations, approvals and permissions required for conducting its
business/professional activities.
28. TAXES
The Member shall be responsible for its own income tax, GST,
professional tax, employee-related taxes and other statutory obligations
applicable to its business.
29. NO EMPLOYER-EMPLOYEE RELATIONSHIP
Nothing in this Agreement shall create an employer-employee,
partnership, joint venture or agency relationship between the Parties.
30. INSURANCE
The Member shall be responsible for obtaining appropriate
insurance for its business, employees, equipment, inventory and other assets,
wherever necessary.
31. INSPECTION AND MAINTENANCE
The First Party may enter/access the allotted workspace at
reasonable times for inspection, maintenance, repairs, safety, security or
emergency purposes.
32. MAINTENANCE AND REPAIRS
The First Party shall undertake ordinary maintenance of
common areas and facilities. Repairs arising from damage caused by the Member
shall be charged to the Member.
33. PAYMENT DEFAULT
If the Member fails to pay the applicable fee by the due
date, the First Party may charge a late fee of:
₹____________ per day / ____________% per month
subject to applicable law and the terms agreed between the
Parties.
34. SUSPENSION OF SERVICES
In case of prolonged non-payment, misuse of the premises,
violation of this Agreement or security concerns, the First Party may suspend
access/services after giving appropriate notice, except where immediate action
is reasonably necessary.
35. TERMINATION FOR BREACH
The First Party may terminate this Agreement in case of
material breach by the Member, including non-payment, illegal activities,
serious misconduct, unauthorized transfer or substantial damage to the
premises.
36. TERMINATION BY MEMBER
The Member may terminate the Agreement by giving the agreed
written notice, subject to payment of all outstanding amounts and compliance
with the lock-in period, if applicable.
37. HANDOVER ON TERMINATION
Upon expiry or termination, the Member shall immediately
vacate the allotted workspace, remove its belongings and return keys, access
cards, furniture and other property belonging to the First Party.
38. REFUND OF SECURITY DEPOSIT
After vacation and inspection of the workspace, the
refundable security deposit shall be returned within ____________ days,
after adjustment of outstanding dues, damages or other amounts lawfully payable
by the Member.
39. ACCESS CARD / KEY
Any access card, key or security device issued to the Member
shall remain the property of the First Party and shall be returned upon
termination.
Replacement charges for lost keys/cards shall be payable by
the Member.
40. FORCE MAJEURE
Neither Party shall be liable for failure or delay caused by
circumstances beyond reasonable control, including natural disasters, fire,
flood, war, riots, government restrictions, epidemics, strikes, power failure
or other force majeure events.
41. INDEMNITY
The Member shall indemnify the First Party against losses,
claims, penalties, damages or liabilities arising from the Member's unlawful
activities, negligence, breach of this Agreement or violation of applicable
law.
42. LIMITATION OF LIABILITY
The First Party shall not be liable for indirect or
consequential losses suffered by the Member due to interruption of services,
loss of business, internet failure or circumstances beyond the First Party's
reasonable control, except where liability cannot lawfully be excluded.
43. NOTICES
All notices under this Agreement shall be given in writing
and delivered by hand, email, courier, registered post or other mutually
accepted mode to the addresses/contact details provided by the Parties.
44. AMENDMENT
Any amendment or modification to this Agreement shall be
valid only if made in writing and signed/accepted by both Parties.
45. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between
the Parties concerning the co-working space and supersedes prior oral or
written understandings relating to the same subject matter.
46. SEVERABILITY
If any provision of this Agreement is held invalid or
unenforceable, the remaining provisions shall continue to remain valid to the
extent permitted by law.
47. GOVERNING LAW
This Agreement shall be governed by and construed in
accordance with the applicable laws of India.
48. JURISDICTION
Subject to applicable law, the courts at ____________
shall have jurisdiction over disputes arising out of this Agreement.
49. DISPUTE RESOLUTION
The Parties shall first attempt to resolve any dispute
through mutual discussion and negotiation. If the dispute remains unresolved,
the Parties may pursue remedies available under applicable law.
50. DECLARATION
Both Parties declare that they have read, understood and
voluntarily accepted all the terms and conditions of this Agreement and agree
to abide by the same.
SCHEDULE – DETAILS OF CO-WORKING SPACE
Name of Co-Working Space:
Complete Address:
Workspace/Cabin No.:
____________
Type of Space:
____________
Number of Seats:
____________
Permitted Working Hours:
____________
Monthly Fee: ₹____________
Security Deposit:
₹____________
Lock-in Period:
____________
Notice Period:
____________
Other Charges, if any:
____________
LEASE / MEMBERSHIP PERIOD
The agreed period of this arrangement is ____________ month(s).
FOOD FACILITY
This arrangement is With Food. Monthly Food Charges: Rs. ____________. ____________
TERMINATION
Either party may terminate this Agreement by giving ____________ month(s) prior written notice in advance.
ADDITIONAL / SPECIAL CLAUSES
____________
IN WITNESS WHEREOF
The Parties have signed and executed this Co-Working Space
Agreement on the date and place first mentioned above.
FIRST PARTY / SPACE PROVIDER
Name: __________________________________
Signature: ______________________________
Date: ____ / ____ / ______
Place: __________________________________
SECOND PARTY / MEMBER
Name: __________________________________
Signature: ______________________________
Date: ____ / ____ / ______
Place: __________________________________
WITNESS NO. 1
Name: __________________________________
Father's Name: __________________________
Address: ________________________________
Mobile No.: _____________________________
Signature: ______________________________
WITNESS NO. 2
Name: __________________________________
Father's Name: __________________________
Address: ________________________________
Mobile No.: _____________________________
Signature: ______________________________
