License Agreement for Event
(Owner as Licensor)

Summary

This license agreement template is for the license of space to host an event in a retail or office building by the building owner to a licensee who may or may not also have leased space in the building under a lease agreement. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. Unlike lease agreements, license agreements do not convey an interest in real property. Structuring a transaction as a license may enable a building owner to avoid certain burdens associated with the landlord-tenant relationship. The requisite and/or customary terms of a license agreement vary depending on the jurisdiction in which the subject building is located. Merely calling an agreement a license instead of a lease will not create a license without the requisite factors of a license, such as revocability by the licensor at will. Failure to comply with jurisdictional requirements may result in a license agreement being treated as a lease agreement by a court or governmental authority. Practitioners should consult with local counsel to ensure compliance with the applicable laws and regulations. Generally, license agreements are not leases because licenses (1) convey a limited, short-term right to use and/or occupy space for a specific purpose, in this case an event; (2) are revocable at will by the building owner; and (3) are nontransferable by licensee. Licensor's counsel customarily prepares the initial draft of the license agreement. This template license agreement includes optional and alternative provisions that licensee's counsel may request to secure additional rights and protections for the licensee. For a full listing of key content covering real estate transactions for in-house attorneys, see In-House Real Estate Resource Kit. For a license agreement template where the tenant is the licensor, see License Agreement (Tenant as Licensor). For a full listing of key content covering retail leasing, see Retail Leasing Resource Kit.