License to Operate a Kiosk

Document Sample
License to Operate a Kiosk Powered By Docstoc
					License to Operate a Kiosk
This License to Operate a Kiosk is entered into between a property owner and party that
wants to obtain a license to operate a kiosk on the property. Customize the information
of the parties, the type of kiosk that will be operated, the operating costs, the rent costs,
and much more. Perfect for malls, expositions, corporate events, conventions, parks,
and any other type of location that has kiosks, this agreement is ideal for small
businesses that want to grant or obtain a license to operate a kiosk on certain property.
                                LICENSE TO OPERATE A KIOSK
THIS LICENSE TO OPERATE KIOSK (hereinafter referred to as the “Agreement”) is made
on _________________ [Instructions: Insert the date of this agreement] between
_________________ [Instructions: Insert the name of the party granting the license]
(hereinafter referred to as the “Licensor”) of ____________________________________
[Instructions: Insert the Licensor’s address] and _________________ [Instructions: Insert
the name of the party obtaining the license] (hereinafter referred to as the “Licensee”) of
____________________________________. [Instructions: Insert the Licensee’s address]

                                                     RECITALS

WHEREAS, Licensor operates a certain Premises and desires to grant Licensee a license to
open a kiosk on such premises;

WHEREAS, Licensee is desirous to obtain such license from Licensor to operate a kiosk on the
Premises;

NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth in this
agreement, the parties agree as follows:

                                                       TERMS

1. GRANT OF LICENSE AND LOCATION OF KIOSK

Licensor     grants     to     Licensee      a    license    to    sell   certain     products  at
____________________________________ [Instructions: Insert the address where the
Licensee will operate the kiosk] (hereinafter referred to as the “Premises”) for the Term as
defined in this Agreement. The location where Licensee is permitted to display its products on
the Premises, as shown in the partial floor plan attached hereto as “Exhibit A” or as determined
by Licensor in its sole discretion, and is subject to change on Licensor’s request at any time.

2. TERM OF LICENSE

The Term of this license shall commence on _________________ [Instructions: Insert the
commencement date of the license] and terminate on _________________. [Instructions:
Insert the termination date of the license] Notwithstanding anything to the contrary contained
in this Agreement, this Agreement can be terminated by either party upon _________________
[Instructions: Insert the amount of written notice required to terminate this agreement]
prior written notice.



© Copyright 2013 Docstoc Inc. registered document proprietary, copy not               2
3. PAYMENTS TO LICENSOR

Licensee will pay for the license the sum of $_________________ [Instructions: Insert the
monthly license charge] per month, plus _____% [Instructions: Insert the gross percentage
of monthly sales the Licensor will receive] of gross sales (as defined in this Paragraph).
Payments are due on or before the ___ [Instructions: Insert the day of the month payments
are due] day of each month beginning on the _________________. [Instructions: Insert the
date the first payment is due] The term gross sales is defined to mean the total amount in
dollars of the actual sales price, whether for cash or on credit or partly for cash and partly on
credit, of all sales of merchandise and services, and all other receipts of business conducted
pursuant to this license and all deposits not refunded to purchasers and all orders taken in
whether or not those orders are filled elsewhere and receipts or sales by any or from the
Premises. Gross sales shall not, however, include any sums collected and paid out by Licensee
for any sales or retail excise tax imposed by any duly constituted governmental authority, nor
shall they include any exchange of goods or merchandise between the stores of Licensee where
such exchange of merchandise is made solely for the purpose of consummating a sale and not for
the purpose of consummating a sale which has been made at, in or from the Premises or for the
purpose of depriving Licensor of the benefit of a sale which otherwise would be made at, in or
from the Premises nor the amount of returns to shippers or manufacturers, nor the amount of any
cash or credit refund made on any sale, nor sales of fixtures which are not a part of Licensee's
stock in trade. Each sale on installment or credit shall be made irrespective of the time when
Licensee may receive payment from Licensee's customer. No deduction shall be made from
gross sales for any franchise, income or gross receipts taxes, or for any other taxes based on the
income of Licensee.

4. PRODUCTS PERMITTED TO BE SOLD

Licensee shall be entitled to sell _________________ [Instructions: Insert the type of
products Licensee will sell] and no other products. Licensee agrees that the use of this license
for this purpose shall be narrowly construed. Licensee also agrees that violation of this provision,
in addition to any other remedy available to Licensor, is an action which is not only compensable
by money damages, but by equitable relief to enjoin such violation.

5. ADVERTISING AND PROMOTION FEE

Licensee agrees to pay Licensor, in addition to the periodic payments specified above, a sum of
$_________________ [Instructions: Insert the monthly amount Licensee will pay for
advertising] per month on or before the ____ [Instructions: Insert the day of the month the
advertising fee is due] day of each month. This amount shall be used for the advertising and
promotion of the Premises in such a manner as Licensor in its sole discretion deems advisable.
Licensee agrees to participate in all joint advertising or promotion planned by Licensor.


© Copyright 2013 Docstoc Inc. registered document proprietary, copy not                 3
6. DISPLAYS, FIXTURES AND UTILITIES

Licensee shall provide, at its sole cost and expense, all displays and fixtures to be used by
Licensee in the Premises. Prior to installation of such displays and fixtures, Licensee shall submit
to Licensor plans, drawings and/or photographs, including dimensions, colors, materials and
requisite utility demand loads, if any, for approval by Licensor. Licensee shall not bring any
merchandise or displays onto or into the Premises prior to receiving Licensor’s written approval.
Licensee will pay all charges for gas, water, sewer, waste removal, electricity, telephone and
other utility services used in the licensed premises during the term. If any such charges are not
paid when due, Licensor may pay the same, and any amount so paid by Licensor shall thereupon
become due to Licensor from Licensee as additional rent. Licensor shall not be responsible for
any interruption in utility service.

7. EXPIRATION OR TERMINATION OF LICENSE

On the expiration or termination of this license, Licensee must surrender to Licensor that portion
of the Premises where Licensee was allowed to display merchandise in as good condition as
originally received, normal wear and tear excepted.

8. EVENTS OF DEFAULT

The occurrence of any of the following will constitute an event of default hereunder:

    A. The filing of a petition by or against Licensee for adjudication as a bankrupt or insolvent,
       or for its reorganization or for the appointment of a receiver or trustee of Licensee's
       property; an assignment by Licensee for the benefit of creditors; or the taking possession
       of the property of Licensee by any governmental office or agency pursuant to statutory
       authority for the dissolution or liquidation of Licensee.

    B. Failure of Licensee to pay when due any installment of rent or any other sums required to
       be paid by Licensee.

    C. Vacation or desertion of Space or permitting the same to be empty and unoccupied.

    D. Licensee’s removal or attempt to remove, or manifesting an intention to remove
       Licensee's goods or property from or out of Space otherwise than in the ordinary and
       usual course of business without having first paid and satisfied Licensor for all rent which
       may become due during the entire term of this License.

    E. Failure of Licensee to perform any other covenant or condition of this license.


© Copyright 2013 Docstoc Inc. registered document proprietary, copy not                  4
9. RIGHTS OF LICENSOR ON DEFAULT OF LICENSEE

If Licensee is in default as defined above, Licensor, in addition to all the rights and remedies
granted have any or all of the following rights:

    A. To re-enter and remove all persons and property from the kiosk, and such property may
       be removed and stored in a public warehouse or elsewhere at the cost of and for the
       account of Licensee, all without service of notice or resort to legal process and without
       being deemed guilty of trespass, or becoming liable for any loss or damage which may be
       occasioned.

    B. To elect to declare the entire minimum rent for the balance of the Term due and payable
       forthwith. In addition thereto, there shall be due and payable for each remaining year of
       the term of this license, and pro rata for any part of a year, the yearly average of the
       percentage rent paid by Licensee on the gross sales in Space from the commencement of
       this Licensee to the end of the license year next preceding the date of the termination of
       this license by Licensor.

    C. To terminate the License and re-let for account of Licensor or Licensee.

    D. The right, at its option, to require that the minimum rent be paid in semi-annual
       installments, in advance, for the remainder of the term or extended term of this license,
       such semi-annual rent to commence effective as of the first day of the month in which
       such default by Licensee occurs.

10. WAIVER OF RIGHT OF REDEMPTION

Licensee expressly waives any and all rights of redemption granted by or under any present or
future laws the event of Licensee being evicted or dispossessed for any cause, or in the event of
Licensor obtaining possession of the kiosk, by reason of the violation by Licensee of any of the
covenants or conditions of this license, or otherwise.

11. COMPLIANCE WITH RULES, REGULATIONS AND ORDINANCES

Licensee will comply with all rules, regulations, and ordinances of governmental authorities
having jurisdiction over the license, insofar as any of such rules, regulations, and ordinances
pertains to the manner in which Licensee shall use the license.

12. APPLICABLE PERMITS AND LICENSES



© Copyright 2013 Docstoc Inc. registered document proprietary, copy not              5
Prior to commencing the activity contemplated hereunder, Licensee agrees to obtain any and all
permits, licenses, and authorizations which may be required by all governmental authorities with
respect to the activity or activities contemplated hereunder. All installations and equipment, the
use thereof, and Licensee’s activity or activities shall be in strict accordance with the
requirements of all applicable laws, ordinances, regulations, and Licensor’s fire insurance
underwriters, shall be at Licensee's sole expense and shall only be made pursuant to plans
previously approved by Licensor. Licensee shall comply with the Premises rules and regulations
set forth in Exhibit B attached hereto and any amendment thereof. Licensee agrees that a
violation of these rules is a substantive breach of this license.

13. WAIVER OF CLAIMS AND INDEMNIFICATION

Licensor shall not be liable for, and except for Licensor's negligence or willful misconduct,
Licensee waives all claims against all the foregoing parties for damage to personal property
sustained by Licensee, and/or any claim by any person claiming by or through Licensee resulting
from any accident or occurrence in or on the area used by Licensee from time to time or for
personal injury to Licensee, Licensee's agents, employees, officers, directors, owners, or
shareholders. This waiver includes, without limitation, merchandise and/or display materials as a
result of theft, disappearance, fire or other casualty or any other cause. Licensee shall maintain
fire and extended coverage insurance covering vandalism and malicious mischief and Licensee
shall furnish to Licensor evidence thereof prior to commencement of activities in the Premises.
Licensee agrees to indemnify and hold harmless Licensor and its respective agents and
employees from all liabilities, injuries, losses, causes, damages, costs and/or expense (including
reasonable attorney fees), (i) in respect of any injury or death of any person and/or damage to or
loss or destruction of any property while on any part of the Premises occasioned by any act or
omission of Licensee or anyone claiming by or through or under Licensee; (ii) as a result of liens
performed, or caused to be performed by Licensee within the Premises; (iii) as a result of any
failure by the Licensee hereunder; and (iv) the result of the failure to comply with any
requirements or any governmental authorities.

14. INSURANCE

Licensee agrees to maintain during the term of this agreement, effective on the date Licensee
takes possession of the kiosk for the purpose of commencing Licensee’s work, insurance
coverage in companies satisfactory to licensor for bodily injury, property damage, and personal
injury liability each with a limit of liability of $_________________ [Instructions: Insert the
required insured amount] for each occurrence and in the aggregate or in such greater amounts
as Licensor may reasonably hereafter from time to time advise licensee in writing, all such
insurance to include Licensor as an additional insured party.



© Copyright 2013 Docstoc Inc. registered document proprietary, copy not               6
15. SEVERABILITY

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the
validity of any other provision. If any provision of this Agreement is held to be invalid, the
parties agree that the remaining provisions shall be deemed to be in full force and effect as if
they had been executed by both parties subsequent to the expungement of the invalid provision.

16. NO WAIVER

The failure of either party to this Agreement to insist upon the performance of any of the terms
and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions
of this Agreement, shall not be construed as subsequently waiving any such terms and
conditions, but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.

17. GOVERNING LAW

This Agreement shall be governed by, construed, and enforced in accordance with the laws of
the State of ______________________. [Instructions: Insert the state’s laws that will govern
this agreement]

18. NOTICES

Unless provided herein to the contrary, any notice provided for or concerning this Agreement
shall be in writing and shall be deemed sufficiently given when sent by certified or registered
mail if sent to the respective address of each party as set forth at the beginning of this
Agreement.

19. ATTORNEY’S FEES

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the
action shall pay to the successful party, in addition to all the sums that either party may be called
on to pay, a reasonable sum for the successful party's attorney fees.

20. MANDATORY ARBITRATION

Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this
Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the
parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators
shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The



© Copyright 2013 Docstoc Inc. registered document proprietary, copy not                  7
arbitration shall be governed by the rules of the American Arbitration Association then in force
and effect.

21. ENTIRE AGREEMENT

This Agreement shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Agreement shall not be
binding upon either party except to the extent incorporated in this Agreement.

22. MODIFICATION OF AGREEMENT

Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement shall be binding only if placed in writing and signed by each
party or an authorized representative of each party.

23. ASSIGNMENT OF RIGHTS

The rights of each party under this Agreement are personal to that party and may not be assigned
or transferred to any other person, firm, corporation, or other entity without the prior, express,
and written consent of the other party.

24. COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute but one and the same instrument.

25. COMPLIANCE WITH LAWS

In performing under this Agreement, all applicable governmental laws, regulations, orders, and
other rules of duly-constituted authority will be followed and complied with in all respects by
both parties.

WITNESS our signatures as of the day and date first above stated.

LICENSOR                                                 LICENSEE



By: ____________________________                         By: _______________________________
I have authority to bind the Company                    I have authority to bind the Company




© Copyright 2013 Docstoc Inc. registered document proprietary, copy not                        8
                                                    EXHIBIT A

                                       FLOOR PLAN OF PREMISES


[Instructions: Attach a floor plan of the Premises and highlight the part where the Licensee
will be allowed to operate the kiosk]




© Copyright 2013 Docstoc Inc. registered document proprietary, copy not          9
                                                    EXHIBIT B

                               PREMISES RULES AND REGULATIONS


[Instructions: Attach a list of the rules and regulations of Premises that tenants and
licensees must abide by]




© Copyright 2013 Docstoc Inc. registered document proprietary, copy not            10
INFORMATION AND FORMS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS
FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL DOCSTOC, INC., OR ITS AGENTS, OFFICERS, ATTORNEYS,
ETC., BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE MATERIALS, EVEN IF DOCSTOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. They are for
guidance and should be modified by you or your attorney to meet your specific needs and the laws of your state or jurisdiction. Use at
your own risk. Docstoc® is NOT providing legal or any other kind of advice and is not creating or entering into an Attorney-Client
relationship. The information, reports, and forms are not a substitute for the advice of your own attorney. The law is a personal matter
and no general information or forms or like the kind Docstoc provides can always correctly fit every circumstance.

Note: Carefully read and follow the Instructions and Comments contained in this document for your customization to suit your specific
circumstances and requirements. You will want to delete the Instructions and Comments from open bracket (“[“) to close bracket (“]”)
after reading and following them. You (or your attorney) may want to make additional modifications to meet your specific needs and the
laws of your state. The Instructions and Comments are not a substitute for the advice of your own attorney.

◊ Where within this document you see this symbol: ◊ or an instruction states “Insert any number you choose◊,” or something similar, or
there is a blank for the user to complete, please note that although Docstoc believes the information or number may be any that the user
chooses, and that there is no law governing what the information or number should be, you might want to verify this, including by
consulting with your own attorney practicing in your state. Because the law is different from jurisdiction to jurisdiction and the laws are
subject to change, Docstoc cannot guarantee—and disclaims all guarantees—that it is correct for the information or number to be
anything that the user chooses.

The information, forms, instructions, tips, comments, decision tree alternatives and choices, reports, and services in and through Docstoc
are not legal advice, but are general information / forms on general issues often encountered designed to help Docstoc users, members,
purchasers, and subscribers address their own needs. But information, including tips, general forms, instructions, comments, decision
tree alternatives and choices, and reports, no matter how seemingly customized to conform to the laws and regulations applicable to you,
is not the same as legal advice, which may be the specific application of laws and regulations by lawyers licensed to practice law in your
state to the specific circumstances and needs of individuals and entities. Some states, counties, municipalities, and other governmental
divisions, have highly specific laws and regulations, and our information / forms / reports may not take all those specific laws and
regulations into consideration, although we tried to do so.

Docstoc is not a law firm and the employees and contractors (including attorneys, if any) of Docstoc are not acting as your attorneys, and
none of them are a substitute for the advice of your own attorney licensed to practice law in your state. The employees or contractors of
Docstoc, who wrote or modified any form, instructions, tips, comments, decision tree alternatives and choices, and reports, are NOT
providing legal or any other kind of advice and are not creating or entering into an Attorney-Client relationship. Any such form,
instruction, tips, comments, decision tree alternatives and choices, and reports were most likely NOT prepared or reviewed by an
attorney licensed to practice law in your state, and, therefore, the employees or contractors could not provide you with legal advice even
if they or Docstoc wanted to. Even though we take every reasonable effort to attempt to make sure our information / forms / reports are
accurate, up to-date, and useful, we recommend that you consult a lawyer licensed to practice law in your state if you want professional
assurance that our information, forms, instructions, tips, comments, decision tree alternatives and choices, and reports; your
interpretation of it or them; and the information and input that you provide are appropriate to your particular situation. Application of
these general principles and wording to particular circumstances should be done by a lawyer who has consulted with you in confidence,
learned all relevant information, and explored various options. Before acting on these general principles and general wording, you might
want to hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The information, forms, instructions,
tips, comments, decision tree alternatives and choices, and reports, available on and through Docstoc are not legal advice and are not
guaranteed to be correct, complete, accurate, or up-to-date. Because the law is different from jurisdiction to jurisdiction, they are subject
to changes, and there are varying interpretations and applications by different courts and governmental and administrative bodies, and
Docstoc cannot guarantee—and disclaims all guarantees—that the information, forms, and reports on or through the site and services are
completely current or accurate. Please further note that laws change and are regularly amended; therefore, the provisions, names, and
section numbers of statutes, codes, or regulations, and the types of permits or licenses within any forms or reports, may not be 100%
correct, as they may be partially or wholly out of date and some relevant ones may have been omitted or misinterpreted.
Docstoc is not permitted to engage in the practice of law. Docstoc is prohibited from providing any kind of advice, explanation,
opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection, or completion of
forms or strategies.
Communications between you and Docstoc may be protected by our Privacy Policy (http://premium.docstoc.com/privacypolicy), but are
NOT protected by the attorney-client privilege or work product doctrine since Docstoc is not a law firm and is not providing legal
advice. No Docstoc employee, contractor, or attorney is authorized to provide you with any advice about what information
(again, which includes forms) to use or how to use or complete it or them.

Entire document copyright © Docstoc®, Inc., 2010 - 2013 All Right Reserved




© Copyright 2013 Docstoc Inc. registered document proprietary, copy not                                                     11

				
DOCUMENT INFO
Description: This License to Operate a Kiosk is entered into between a property owner and party that wants to obtain a license to operate a kiosk on the property. Customize the information of the parties, the type of kiosk that will be operated, the operating costs, the rent costs, and much more. Perfect for malls, expositions, corporate events, conventions, parks, and any other type of location that has kiosks, this agreement is ideal for small businesses that want to grant or obtain a license to operate a kiosk on certain property.