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Free Shared Use Agreement Template for New Zealand

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Key Requirements PROMPT example:

Shared Use Agreement

I need a shared use agreement for a community garden space that outlines the responsibilities and maintenance duties of each participating member, includes a schedule for shared resources, and specifies conflict resolution procedures. The agreement should also address liability and insurance requirements.

What is a Shared Use Agreement?

A Shared Use Agreement lets multiple parties formally share access to property, facilities, or equipment. In New Zealand, these agreements are common when community groups want to use school facilities after hours, or when businesses share office spaces or equipment to reduce costs.

The agreement spells out who can use what, when they can use it, and who's responsible for costs, maintenance, and insurance. It protects everyone involved by clearly stating the rules, responsibilities, and liability arrangements under NZ property and contract law. You'll often see these agreements used by councils, schools, sports clubs, and business centers.

When should you use a Shared Use Agreement?

Use a Shared Use Agreement when you need to share space, equipment, or facilities with other organizations while keeping everyone's rights and responsibilities clear. This comes up often in New Zealand when community groups want regular access to school facilities, sports clubs share playing fields, or businesses split the use of expensive equipment.

The agreement becomes essential when sharing arrangements get complex or involve valuable assets. For example, when multiple tenants share a commercial kitchen, or when local councils allow community groups to use public facilities. Having this formal agreement prevents conflicts over scheduling, maintenance costs, and liability issues under NZ law.

What are the different types of Shared Use Agreement?

  • Basic Facility Sharing: Used for simple arrangements like community groups using school halls or sports clubs sharing fields. Focuses on access times and basic maintenance.
  • Commercial Space Sharing: Detailed agreements for businesses sharing office space, commercial kitchens, or equipment. Includes specific liability and insurance requirements.
  • Government-Community Partnerships: Used when councils share public facilities with community groups. Includes special provisions for public liability and local body regulations.
  • Multi-Party Agreements: Complex arrangements involving three or more organizations sharing the same space or resources. Features detailed scheduling and cost-sharing frameworks.

Who should typically use a Shared Use Agreement?

  • Property Owners: Schools, councils, or businesses who own facilities and want to share them while maintaining control and protecting their interests.
  • Community Organizations: Sports clubs, cultural groups, and non-profits seeking access to facilities for their activities and programs.
  • Legal Advisors: Lawyers who draft and review agreements to ensure compliance with NZ property law and protect all parties' interests.
  • Facility Managers: Staff responsible for implementing the agreement, managing schedules, and coordinating maintenance.
  • Insurance Providers: Companies that assess risk and provide coverage for shared-use arrangements.

How do you write a Shared Use Agreement?

  • Property Details: Document exact spaces or equipment being shared, including access points, facilities, and any restricted areas.
  • Usage Schedule: Map out specific times, days, and duration of use for each party, including any seasonal variations.
  • Cost Breakdown: Calculate shared expenses like utilities, maintenance, insurance, and how they'll be divided.
  • Insurance Requirements: Confirm coverage needs and liability arrangements under NZ law.
  • Contact Information: List key personnel responsible for day-to-day operations, emergencies, and dispute resolution.
  • Review Process: Set up regular agreement reviews and outline how changes can be made.

What should be included in a Shared Use Agreement?

  • Party Details: Full legal names and contact information of all organizations sharing the facility or equipment.
  • Property Description: Clear identification of shared spaces, equipment, or facilities, including access rights and limitations.
  • Usage Terms: Specific schedules, permitted activities, and any restrictions on use.
  • Financial Terms: Cost-sharing arrangements, payment schedules, and responsibility for utilities and maintenance.
  • Insurance Requirements: Liability coverage obligations and indemnification clauses under NZ law.
  • Dispute Resolution: Process for handling conflicts and breaches, including mediation procedures.
  • Termination Clauses: Conditions and process for ending the agreement, including notice periods.

What's the difference between a Shared Use Agreement and a Shared Facilities Agreement?

A Shared Use Agreement differs significantly from a Shared Facilities Agreement in several key aspects, though they might seem similar at first glance. While both deal with shared spaces, their scope and application vary considerably under New Zealand law.

  • Scope of Control: Shared Use Agreements typically cover temporary or scheduled access to facilities, while Shared Facilities Agreements establish permanent, ongoing arrangements for shared infrastructure or common areas.
  • Management Structure: Shared Facilities Agreements usually require a formal management committee and detailed operational procedures, whereas Shared Use Agreements often operate under simpler scheduling and oversight arrangements.
  • Cost Allocation: Shared Facilities Agreements include complex formulas for dividing capital expenses and long-term maintenance, while Shared Use Agreements focus on operational costs and usage-based fees.
  • Legal Framework: Shared Facilities Agreements often tie into property titles and body corporate structures, while Shared Use Agreements function more as operational contracts.

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