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Licence To Occupy Agreement Template for Switzerland

A Swiss Law License to Occupy Agreement is a legal document that grants temporary rights to occupy and use a specific property without creating a landlord-tenant relationship. This agreement, governed by Swiss law including the Swiss Civil Code (ZGB) and Code of Obligations (OR), provides flexibility for both property owners and occupiers while maintaining clear boundaries regarding property rights and usage. The document addresses key aspects such as duration, permitted use, fees, obligations of both parties, and termination rights, all within the framework of Swiss property and contract law.

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What is a Licence To Occupy Agreement?

The Licence To Occupy Agreement is commonly used in Switzerland when temporary occupation rights need to be granted without establishing a formal lease arrangement. This document is particularly useful for situations such as pop-up stores, temporary office space, or short-term commercial use where flexibility is required. The agreement complies with Swiss legal requirements, including relevant provisions of the Swiss Civil Code and Code of Obligations, while clearly distinguishing itself from a lease agreement. It typically includes specific terms regarding property access, usage limitations, payment terms, and termination rights, providing a balanced framework for both the licensor and licensee while maintaining the temporary nature of the arrangement.

What sections should be included in a Licence To Occupy Agreement?

1. Parties: Identification of the Licensor and Licensee with full legal names and addresses

2. Background: Context of the agreement and confirmation that this is a license to occupy, not a lease

3. Definitions: Defined terms used throughout the agreement, including 'Property', 'License Period', and 'Permitted Use'

4. Grant of License: Express grant of the license and its nature as personal, non-exclusive, and non-transferable

5. License Period: Duration of the license, including start and end dates, and any renewal provisions

6. License Fee: Amount payable, payment terms, and method of payment

7. Permitted Use: Specific description of how the Licensee may use the Property

8. Licensee Obligations: Key responsibilities including maintenance, compliance with laws, and conduct requirements

9. Licensor Obligations: Responsibilities of the Licensor including access and basic services

10. Insurance: Insurance requirements for both parties

11. Termination: Circumstances under which the license may be terminated and the process

12. Consequences of Termination: Actions required upon termination including vacation of property and restoration

13. Notices: How formal communications between parties should be made

14. Governing Law: Confirmation of Swiss law application and jurisdiction

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Licence To Occupy Agreement?

1. Shared Facilities: Required when the license includes use of common areas or shared services

2. Security Deposit: Include when a security deposit is required from the Licensee

3. Utilities and Services: Include when specific arrangements for utilities need to be detailed

4. Alterations: Include when the Licensee may need to make changes to the Property

5. Access and Security: Include when specific access arrangements or security protocols are needed

6. Force Majeure: Include when specific provisions for unforeseen circumstances are required

7. Data Protection: Include when personal data processing needs to be addressed

8. Anti-Money Laundering: Include for commercial arrangements requiring AML compliance

What schedules should be included in a Licence To Occupy Agreement?

1. Property Description: Detailed description of the licensed area including floor plans and photographs

2. Inventory: List of any furniture, equipment or items included in the license

3. House Rules: Specific rules and regulations for use of the Property

4. Service Level Agreement: Details of any services to be provided by the Licensor

5. Fee Schedule: Breakdown of license fee and any additional charges

6. Condition Report: Documentation of Property condition at commencement of license

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Switzerland

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use

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