The Premises Use Agreement is a vital document for property owners and users in New Zealand who need to establish clear terms for the temporary or periodic use of premises. This agreement type is commonly used for situations ranging from one-time events to regular facility usage, providing a legal framework that protects both parties' interests while ensuring compliance with New Zealand property law, health and safety regulations, and building standards. The agreement typically includes essential details about the premises, permitted uses, access times, fees, insurance requirements, and parties' obligations. It's particularly relevant in today's environment where shared spaces and flexible facility use arrangements are becoming increasingly common, and where regulatory compliance and risk management are paramount considerations.
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1. Parties: Identification and details of all parties to the agreement
2. Background: Context of the agreement, including premises description and purpose of the arrangement
3. Definitions and Interpretation: Defined terms and rules for interpreting the agreement
4. Grant of Use: Specific rights granted for premises use and any restrictions
5. Term and Access Times: Duration of the agreement and specified times for premises access
6. Fees and Payment Terms: Usage fees, payment schedule, and related financial obligations
7. User Obligations: Specific responsibilities and conduct requirements for the user
8. Owner Obligations: Responsibilities and obligations of the premises owner
9. Health and Safety: Health and safety requirements and responsibilities
10. Insurance and Liability: Insurance requirements and allocation of risk between parties
11. Maintenance and Cleaning: Responsibilities for premises maintenance and cleanliness
12. Default and Termination: Circumstances of default and termination procedures
13. Dispute Resolution: Process for resolving disputes between parties
14. General Provisions: Standard contractual provisions including notices, amendments, and governing law
1. Security and Access Control: Required for premises with specific security requirements or restricted access areas
2. Utilities and Services: Needed when agreement includes provision of utilities or additional services
3. Alterations and Fixtures: Required when user may need to make changes or install equipment
4. Subletting and Assignment: Include when transfer of rights might be permitted
5. Alcohol and Food Service: Required for premises where food or alcohol service is contemplated
6. Noise and Nuisance: Important for premises in residential areas or with noise restrictions
7. Parking: Include when parking facilities are part of the premises use
8. Force Majeure: Required for longer-term agreements or where business continuity is critical
1. Premises Plan: Detailed plan or map of the premises including boundaries and access points
2. Fee Schedule: Detailed breakdown of all fees, charges, and payment terms
3. Building Rules: Specific rules and regulations for the building or facility
4. Condition Report: Documentation of premises condition at commencement
5. Equipment Inventory: List of any equipment or fixtures included in the use agreement
6. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
7. Operating Hours: Detailed schedule of access times and operational hours
8. Emergency Procedures: Emergency protocols and evacuation procedures
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