What is a Coworking Membership Agreement?
A Coworking Membership Agreement is a contract which outlines the terms and conditions for membership of a Coworking Space.
This contract is perfect for flexible office space where members share the workplace and facilities and do not have exclusive possession of the premises. Members only use part of the premises.
Coworking is NOT the same as a lease or sublease, but it offers many advantages including flexibility, a community atmosphere and a shorter contract term with lower overheads.
Do I need a contract?
Yes, we definitely recommend you use a proper contract if you’re running a coworking space!
It’s really important to manage coworking membership properly so that you protect your premises, your members and your reputation.
Setting out clear guidelines in a contract will make things easier for you, and your members.
Contracts are about more than wrapping your members up in red tape and telling them what they can’t do. Think of your contract as relationship insurance: it does all the hard, boring work of keeping the relationship on rails, so you can focus on the fun part – the actual community.
Are there any other names for a Coworking Membership Agreement?
Yes, it’s also known as a Coworking Agreement, Coworking Licence Agreement. Terms of Use, Coworking Terms & Conditions or Shared Office Space Agreement.
All of them are basically the same thing, just different names for the contract you use for members of a coworking space.
What does this Coworking Membership Agreement template include?
Our Coworking Membership Agreement template covers everything you need:
★ Nature of this Agreement -makes it clear that this is not a lease
★ Your Use of The Premises – how members can use the coworking space
★ Access to Services – services included in the membership package
★ Guests – rules for inviting guests into the coworking space
★ Membership Fees – payment terms
★ Compliance – code of conduct and rules that members must abide by
★ Term – length of the agreement
★ Termination – how either party can terminate the agreement
★ Our Liability – limitation of liability clause to protect your business interests
★ Your Liability – member liability for damage or losses
★ Insurance – required insurance to be held by members
★ Equipment – any equipment that is permitted or restricted
★ Notices – how notices can be sent and received
★ Governing Law – the governing law for the agreement
★ General – legal term
★ Acceptance – how members can accept the agreement
Is a Coworking Agreement the same as a Lease?
The short answer is no. There are a number of key differences between the two:
Commercial Lease
Tenant has exclusive right to occupy the premises
Fixed term (often several years)
Significant upfront costs
Can fit-out the space to design unique look and feel
Coworking Space
Shared office space
Flexible membership (often month-to-month)
No upfront costs
Can’t change the look and feel of the space
Access to shared facilities
Coworking actually takes the form of a Licence which allows members to use only part of the premises.
What are some of the benefits of coworking?
Coworking spaces have surged in popularity all over the world in recent years. There are a number of benefits that have contributed to the growing appeal of coworking. These benefits including flexibility, different packages available, culture, central location, facilities and lower cost to join.
Coworking Space Rules
Most coworking spaces will have internal policies and procedures that you will need to agree to. These typically relate to acceptable conduct and cover issues such as:
- noise levels
- harassment
- use of the kitchen
- drugs and alcohol
- inviting guests
Our Coworking Membership Agreement template includes a Code of Conduct with a list of rules for your members. You can add to this list of rules or make changes as required.
Can members bring guests into the space?
Yes, it is very common for members to be able to bring guests or clients into the space for meetings. This is actually a great way to market your space and get the word out! However, it’s important to set rules around this and make sure that guests don’t take advantage of your generosity, Our template includes a clause to cover this so you don’t have to worry.
How long are memberships?
You can decide on the different packages you want to offer to members, and the length of memberships. Many coworking spaces now offer month-to-month options, or you could choose to offer fixed term memberships for 3 months, 6 months or 12 months. It’s completely up to you!
Is this Coworking Membership Agreement template legally binding?
Absolutely!
All of our templates have been drafted by qualified Australian lawyers who hold an Australian legal practicing certificate.
We are affiliated with a commercial law firm based in Sydney.
I have an Apple Mac – can I still use this template?
Yes, but we recommend you have Microsoft Word installed on your Mac.
Our documents contain smart fields which use a Microsoft Word feature called content controls. They help to save time in updating the template, but may not display correctly in Pages or Google Docs.
If you need a version of your template without the content controls, just email info@easylegaltemplates.com.au and we will be happy to email this to you. It will take a little longer to fill in though!
Can’t I copy terms from someone else or download a free template off the internet?
We don’t recommend this approach for a few reasons:
1. You may be committing copyright infringement, which is against the law.
2. You might accidentally copy terms and conditions from another country – if you end up in court for some reason it might be on the other side of the world.
3. Our template has been drafted by an Australian lawyer to make sure it’s legally binding here in Australia.
