Licence Agreement

between

1) The Licensor is Collective Bournemouth Ltd a company registered in England and Wales under company number 13541064 of the registered address 7 Westover Road, Bournemouth, UK BH1 2BH.

and

2) The Licensee is McKenzie Stirman dashper.




Property: 7 Westover Road

Licensed Space in Property: Exclusive use of Treatment Room No Chair 5.

Ensuite: na

Licence Fee: the amount of £450 per calendar month for the whole of the Licence Period.

Licence Fee Commencement Date: 4 February 2024

Licence Period: the period from and including 4 February 2024 for 6 months.

  1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).


2.LICENCE TO OCCUPY

2.1 Subject to Clause 3 and Clause 6 the Licensor permits the Licensee, it’s employees and agents during the Licence Period to:

(a) occupy the Beauty Room in the Property;

(b) use the Furnishings; and

(c) pass along the Accessways and Common Parts, and to use the Facilities (Kitchenette, communal toilet, entrance, exit and coffee shop on site)

2.2 The Licensee acknowledges that:

(a) the Licensee shall occupy the Property as a licensee and that no relationship of landlord and tenant is created between the Licensor and the Licensee by this licence;

(b) the Licensee shall not be entitled to any statutory protection under the Housing Act 1988 when this licence terminates or any other rights in Landlord and tenant legislation;

(c) the Licensor retains control and possession of the Property

(e) the Licensor is entitled to retain keys for the Property and all the Beauty Rooms, and the Licensor and any persons authorised by the Licensor may exercise the right to use these keys and enter the Property and the Property at any time; and

(f) the licence to occupy granted by this agreement is personal to the Licensee and is not assignable, and the rights given in Clause may only be exercised by the Licensee and it’s employees and agents subject to the terms of this agreement.


3.LICENSEE’S OBLIGATIONS

3.1 The Licensee agrees and undertakes:

(a) to pay to the Licensor the monthly Licence Fee each month in advance.

(b) the Licence Fee payable without any deduction in advance on 4th, the first such payment being for the period from and including the Licence Fee Commencement Date for one month to the end of the Licence on 4 June 2024;

(c) not to cause any damage to the Property or any other part of the Property;

(d) to notify the Licensor of any damage to the Property or Furnishings caused by the Licensee or the Licensee’s visitors;

(e) to use the Property solely for the business purposes (eg Hair styling);

(f) The Licensee accepts full responsibility for

1) Public liability insurance up to at least £2million

2) Business property insurance

3) If acting as an employer, Employer Liability insurance

4) Professional indemnity/trade insurance that covers all/any alleged negligence/breach of contract or other liability they have exposure to by way of the treatment they give to their customers

(g) not to make a copy of the set of keys provided by the Licensor;

(h) if the Licensee loses the keys or security device provided, to notify the Licensor without delay, and bear the costs reasonably incurred of replacement keys, security devices and locks;

(i) not to prevent the Licensor or any person authorised by the Licensor from entering into the Property and remainder of the Property;

(j) Licensee may re-decorate their Beauty room at the Property and use their own furniture, as long as it is put back to the decorative state it was in prior to the licence commencing at the end of the period. The Licensee may not to make any alteration or whatsoever to the Beauty Room or Property unless agreed in advance in writing by the Licensor.

(k) not to smoke or allow any pets in the Property;

(l) To be responsible for the cleanliness of their Beauty Room. To partake in cleaning and maintaining the cleanliness of all communal areas and facilities (e.g toilets, kitchenette etc) as and when required (as the Licensor will contract a cleaner for communal parts on a regular basis) and ensuring all fire exits are clear at all times.

(m) To pay all business rates deemed due by their business if applicable.

(n) Not to use the coffee shop on site as a waiting/work station for prolonged time period e.g. in excess of 1 hour at a time, particularly where customers require the space to use.

(o) To collaborate with the other businesses over the use of resources so as not to cause poor relationships.


4. LICENSOR'S OBLIGATIONS

4.1 The Licensor agrees and undertakes:

(a) to provide the Licensee with one set of keys for the Property, or codes for digital locks and or key safes where relevant;

(b) to pay to the relevant suppliers the Utilities Costs.

(c) to provide the following for each Beauty Room (unless otherwise specified): vanity unit with sink, storage.

(e) Organise and manage regular cleaning of Property (communal areas only).


5. HEALTH AND SAFETY

5.1 The Licensor confirms that:

(a) the Furnishings are fire resistant;

(b) the Gas Safety (Installation and Use) Regulations 1998 (SI 1998/2451) have been satisfied and a gas safety certificate is available for inspection by the Licensee; and

(c) the electrical appliances provided by the Licensor are safe and all appliances manufactured after 19 January 1997 are marked with the relevant CE symbol.


6. TERMINATION

6.1 This licence shall end on the earliest of:

(a) 4 June 2024; However if the Licensee wishes to continue the Agreement, it will continue on the basis that the Licensee continues to pay the fee monthly in advance, with a 3 month Minimum Notice Period subject to any Fee increases which will be communicated by the Licensor to the licensee within 1 month of the end of the first year.

(b) the expiry of not less than two weeks' notice given by the Licensor to the Licensee if the Licensee breaches any of the Licensee's obligations contained in Clause 3; and

(c) The Licensee will be bound by a minimum License Period of 8 months minimum. The Licensee must give not less than 3 months notice to Terminate. This period may be shortened at the Licensors absolute discretion in the circumstances that the Licensee finds a replacement party to Occupy and pay the Licence Fee.

6.2 Termination of this licence shall not affect the rights of either party in connection with any breach of any obligation under this licence which existed at or before the date of termination.

6.3 If this licence terminates in accordance with Clause 6.1:

(a) The Licensee shall not be obliged to pay the Licensor the relevant proportion of the Licence Fee and Utilities Costs that relates to the period after this licence terminates, as calculated on a daily basis; and

(b) on the date on which this licence terminates, the Licensor shall refund to the Licensee the relevant proportion of any sums already paid by the Licensee relating to the Licence Fee and Utilities Costs in respect of the period after this licence terminates, as calculated on a daily basis.

(c) The Licensor reserves the right to set off any damage to the Property caused by the Licensee from any outstanding Fees.

6.4 This Licence Agreement remains binding and in full force throughout the Pandemic and no changes to the status of businesses (e.g lock down conditions) will exonerate the Licensee from their obligation to pay the Licence Fees or shorten the minimum or notice period set out in thus Clause.


7. LIMITATION OF LICENSOR'S LIABILITY

7.1 Subject to Clause 7.2, the Licensor is not liable for:

(a) the death of, or injury to, the Licensee or visitors to the Property; or

(b) damage to, or theft of, any possessions of the Licensee or the Licensee's invitees to the Property;

(c) any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by the Licensee or the Licensee's invitees to the Property in the exercise or purported exercise of the rights granted by Clause 2; or

(d) the acts or omissions of any other resident of the Property or their visitors.

(e) the failure of the Licensee to properly check the legality and identity of an occupier, and/or record and disclose these details to the Licensor as per Clause 3 (f)

(f) the failure of the Licensee to adhere to the UK Data and Privacy law including GDPR.

7.2 Nothing in Clause 7.1 shall limit or exclude the Licensor's liability for:

(a) death or personal injury or damage to property caused by negligence on the part of the Licensor or its agents; or

(b) any matter in respect of which it would be unlawful for the Licensor to exclude or restrict liability.


8.VAT

8.1 All sums payable by the Licensee are exclusive of any VAT that may be chargeable. The Licensee shall pay VAT in respect of all taxable supplies made to it in connection with this licence on the due date for making any payment or, if earlier, the date on which that supply is made for VAT purposes.

8.2 Every obligation on the Licensee, under or in connection with this licence, to pay the Licensor or any other person any sum by way of a refund or indemnity, shall include an obligation to pay an amount equal to any VAT incurred on that sum by the Licensor or other person, except to the extent that the Licensor or other person obtains credit for such VAT under the Value Added Tax Act 1994.


9.THIRD PARTY RIGHTS

A person who is not a party to this licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this licence.


10.GOVERNING LAW

10.1 This licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.


11.JURISDICTION

11.1 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this licence or its subject matter or formation (including non-contractual disputes or claims).




This licence has been entered into on the date stated at the beginning of it.

Date: 15 January 2024

Signed by Bournemouth Collective Ltd: Director



Signed by McKenzie Stirman dashper/ Business owner (individual)

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