Is the coworking contract for services or leasing?
The coworking contract will help you to define the rights and duties that correspond to all the people involved in your coworking space. Once your space is ready to open, the next legal aspects you’ll be grappling with will be to do with the relationship between the service given to your coworkers by your coworking business.
This is a contract of services which is not regulated by law (given that there is no such law to define it). Therefore, it should reflect the general conditions of the legal contract and the formal relationship of the parties concerned. A signature is confirmation of the conditions set for the use of services and benefits of your space, guaranteeing a good atmosphere in the space.
The information you should state is:
1. The title which specifies that a document is a contract of services for the coworking
2. Information on the parties concerned (coworker and coworking)
3. Contract duration
- Outline of the services you offer: furniture (table and chair), connection to the internet, post collection, meeting room, extra services, space management…
- Timetable and access.
- Prices and methods of payments.
- Confidentiality: Among the coworkers regarding the professional activity and/or projects which each member is working on in the space.
Note: These same confidentiality principles should also be kept in mind for collaborative projects created by space’s coworkers.
- Use of workspaces by third parties: if you will permit third parties not listed in the agreement to use workspaces, or not, under what conditions, and the responsibility of the coworker in the event of a breach of the rules.
- Insurance: what type of insurance policy applies in the space. Who is responsible for the coworker’s belongings; the coworkers themselves, or does space ensure the furniture and third-party equipment (especially technology).
- Reasons for terminating the contract: list the reasons that could cause a termination of the contract, being mutual, or due to a failure to comply with one of the rules indicated in the contract and attached documents.
- Data protection: Because it’s the last point, doesn’t mean it’s the least important. Within the contract, you should state in a clear and concise way the aspects linked to the data protection of your coworkers: legal rules which you have to comply with, which actions these include, for what purpose, and space for the coworker to state his consent or not.
This article is been written by Vanessa Sans, HWL partner, it’s been also published on her Linkedin.
Featured picture provided by Kubik coworking space.