SHARED SPACE LICENCE AGREEMENT

Dated 1 APRIL, 2025. VERSION 1

Between (1) Friday Initiative Limited, trading as The Good Space (the Licensor), and the agreeing party (the Licensee). 

Contact details of the Licensee will be captured in the registration process and constitute part of this licence.

This is an agreement to licence a commercial property space according to the terms specified below:

1. Shared Space

This licence agreement relates to one desk within the office premise (the Shared Space) at The Good Space, 155 Maunganui Road, Tauranga New Zealand 3116 (the Premise). The Licensee will use the space only for professional purposes, and in line with their job description.

2. Agreement to License

The Licensor grants to the Licensee the right to occupy and use the Shared Space at the Premise for the Licensed Use and the Licensee accepts and acknowledges that it will use the Shared Space for the Licensed Use only and to fulfil the promises, conditions and agreements as set out in this agreement (the Licence).

3. No Lease

The Licensee acknowledges that the granting of this Licence does not create a lease or an interest in the land relating to the Premise (including the Shared Space).

4. Term of the Licence

4.1. Subject to clause 7.3 and clause 12, the term commences from the Plan activation date and terminates after one month’s written notice. (the Term).

4.2. The parties acknowledge that the Term may be extended as agreed to between the parties. If the Term is extended, unless agreed otherwise, all rights and obligations set out in this licence agreement shall remain in full force and effect.

If the Licensee, with the consent of the Licensor, continues to occupy the Shared Space after the expiry of the Term, it shall do so on a monthly basis, which can be terminated with one month's notice in writing given at any time by either party to the other. The fee payable by the Licensee for that continued use will be set by the Licensor from time to time.

5. Licensee’s Obligations

5.1. Licence Fee

The Licensee acknowledges that:

(a) they will pay a licence fee per month for the Shared Space (the Licence Fee), payable in advance of their first booking. Licence fees are detailed in Schedule 1. The Licence Fee shall be payable to Friday Initiative Ltd, by automatic payment into the nominated BNZ bank account - 38-9023-0389849-00.

(b) the Licensor reserves the right to review the Licence Fee on an annual basis and provide the Licensee with reasonable written notice of the revised Licence Fee.

(c) if the Licensee defaults on a payment of the Licence Fee or any other money payable under this Licence for 7 days or more then the Licensee shall pay, on demand, interest at a rate of 5% on the outstanding amount.

5.2. Costs and Outgoings

The parties agree that the Licensee will pay 0% per cent of the operating expenses for the Premise paid by the Licensor to the owner of the Premise under the head lease agreement (the Head Lease). If the Licensee contributes substantially to an increase in office outgoings, the Licensor reserves the right to ask for part payment of the costs.

5.3. Use of the Shared Space

The Licensee agrees it will:

(a) maintain the Shared Space in good, clean condition;

(b) not remove or permit to be removed any fixtures, fittings, furniture, carpets, desks, chairs and other effects belonging to the Licensor from the Premises (including the Shared Space);

(c) use the Shared Space and the services that come with the Shared Space for the Licensed Use only and not use the Shared Spaced or the Premises for any illegal or immoral purposes;

(d) not make any repairs or alterations to the Shared Space without the written consent of the Licensor;

(e) not do any act or thing in the Shared Space or the Premises which may be a nuisance, or cause damage or annoyance to the Licensor or the other tenants at the Premises;

(f) immediately make good any damage caused by the Licensee to the Shared Space, the Premises or the related fixtures, fittings or chattels;

(g) not assign, sublet, part with possession of or grant any security over the Shared Space without the written consent of the Licensor;

(h) amicably and peacefully share the use of the facilities at the Premises with the Licensor and the other tenants at the Premises;

(i) return to the Licensor all furniture and decorations within the premises that have been allocated to the Licensee in as good a condition as they were at the beginning of the term, reasonable wear and tear excepted.

5.4. Signage

The Licensee agrees it will not affix any signage to any part of the Premises (including the Shared Space) without the Licensor’s prior written consent.

6. Confidentiality and Non-disclosure of Confidential Information

6.1. The Licensee and the Licensor acknowledge that they may come into contact with, or be exposed to, information relating to the other party or their business that may be of a confidential or commercially sensitive nature including financial, operational, management & human resource matters. Accordingly, the parties agree that they will hold such information in strict confidence, not use or disclose this information in any way and be responsible for its directors, employees, contractors and agents to observe such obligations.

The offending party will fully indemnify the injured party against any losses, damages, costs or expenses incurred as a result of a breach of the above obligation.

7. Conflict of Interest: Licensee agrees the following:

7.1 No current or prior conflict of Interest. The Licensee warrants it has no business, professional, personal, or other interest, including, but not limited to, the representation of the same clients for the same purpose, that would conflict in any manner or degree with another tenant of the Premise.

7.2 Notice of Potential Conflict. If any such actual or potential conflict of interest arises under this Licence Agreement, the Licensee shall immediately inform the particular tenant of such conflict.

7.3 Termination for conflict. If, in the reasonable judgment of the Licensor, a conflict of the kind outlined above poses an issue to another tenant and the conflict cannot reasonably be resolved, then the Licensor may terminate the Agreement immediately upon written notice to Licensee; such termination of the Agreement shall be effective upon the receipt of such notice by Licensee.

8. Access from 8.30-5pm Mon-Fri

The Licensor may provide the Licensee with a swipe access to the full Premise and the Shared Space.

The Licensee will use care and judgement when leaving the Premise and Shared Space, ensuring it is locked and alarmed at the end of the day and all windows are closed. The tenants of the Premise will work to the rule of last one leaves the Premise , is the last to lock and alarm the Premise.

9. Shared Use of Premises, Amenities and Facilities

Along with the Licensed Use of the Shared Space, the Licensor grants the Licensee the right to reasonable use of:

(a) the fixtures, fittings and chattels of the Shared Space, including a desk and a chair;

(b) toilets;

(c) the kitchen, dishwasher, coffee machine, utensils, dishware and fridge in the Premise;

(d) carparks (but only as may be agreed with the Licensor)

(e) public access ways on the Premise;

(f) breakfast food, coffee, condiments, fruit bowl and beverages;

(g) bathroom essentials;

(h) bar Leaner space and meeting breakout areas (subject to availability);

(i) use of boardroom and exhibition space and deck (subject to availability).

(Discount applies to events, networking meets)

(j) fair and reasonable use of printers and paper (as stipulated in housekeeping rules - printer use is recorded against Licensee and on charged to the Licensee if it exceeds “fair and reasonable” use);

(k) unlimited ultra fast fibre Internet;

(l) access 8.30-5pm Mon-Fri

10. Rights of the Licensor

The Licensor may maintain, repair or re-arrange any part of the Premise and Shared Space if it reasonably believes is necessary and, in doing so, the Licensor shall cause as little inconvenience as reasonably possible to the Licensee.

11. Specific Obligations of the Licensee

11.1. The Licensee acknowledges that the Licensor leases the Premise under the Head Lease from S J L Townsend & Son Limited and that the Licensee takes the Licence subject to the terms listed in subsection 5.4.

11.2. The Licensor must comply with the obligations of subsection 5.4 and must not do, or fail to do, anything that may cause the Licensor to be in breach of those terms.

11.3. The Licensee will indemnify the Licensor for any claims made against the Licensor resulting from any act or omission of the Licensee causing the Licensor to be in breach of the terms in subsection 5.4.

12. Termination

12.1. The Licensor may terminate this licence agreement at any time if, at the Licensor’s discretion:

(a) more than two consecutive Licence Fee payments are due and left unpaid;

(b) the Licensee breaches an obligation set out in this licence agreement and, if the breach is capable of being remedied, that breach remains unremedied for 10 days following written notice from the Licensor of the breach;

(c) the Head Lease has expired, been terminated or cancelled for whatever reason;

(d) the Licensee is declared bankrupt or enters into an arrangement with its creditors;

(e) if the Shared Space or the Premise are destroyed or damaged to such an extent that they are no longer suitable for habitation; or

(f) for whatever reason, it is otherwise no longer appropriate for the Licensee to occupy the Premise or Shared Space.

12.2. The Licensee may terminate this licence agreement at any time with one month’s notice in writing to the Licensor.

12.3. Following termination of the Licence for any reason, the Licensor reserves the right to enter the Premise and expel the Licensee from the Shared Space and Premise.

13. Indemnity and Insurance

The Licensee will fully indemnify the Licensor for any loss or damage caused by the Licensee breaching the terms of this licence agreement.

It is the Licensee’s responsibility to have suitable business asset and indemnity insurance for their individual business and themselves to adequately protect themselves and their assets located and stored at the Premise. The Licensor will ensure adequate insurance, security and health and safety for the Shared Space and individuals inside the Premise; although this does not cover the individual business assets that is owned by the Licensee’s.

14. Force Majeure

14.1 Despite any other provision of this Licence, no party need act if it is impossible to act due to Force Majeure (fires, floods, earthquakes, storms and other disturbances caused by the elements, riots, explosions, governmental action, acts of God, insurrection, act of terrorism war and any other cause which is not within the reasonable control of a party and not a direct obligation of the party under this Agreement).  

14.2 The non-performing party agrees to notify the other party promptly after it determines that it is unable to act as a consequence of Force Majeure and agrees to make reasonable efforts to avoid or remove the cause of non-performance. This clause does not apply to payments by one party to any other party where that payment or part thereof accrues prior to a party giving notice under this clause.

15. Governing Law

This Agreement is governed by, and is to be construed in accordance with New Zealand law.

Schedule 1 - Membership plans and fees

Plans at 1 April 2025

Flexi-64

  • 64 hours of hotdesking every month, with flexible booking options.

  • Book for 2-8 hours, between 8:30am and 5pm weekdays

  • Reasonable meeting room access - up to 1-2 hours per day.

  • $303+gst per month

Flexi-100

  • 100 hours of hotdesking every month, with flexible booking options.

  • Book for 2-8 hours, between 8:30am and 5pm weekdays

  • Reasonable meeting room access - up to 1-2 hours per day.

  • $420+gst per month

Plan recurs monthly unless requested to be ended.