Advertising space lease agreement. Sample rental agreement for advertising structures. parties is regulated by two documents at once

13.05.2020

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Nevertheless, the drafting of the contract should always be carried out only within the framework of legislative norms. Today, the main such norm is the Civil Code of the Russian Federation.

Otherwise, the contract may simply be invalidated in full, in part. This point is best worked out in advance.

Separately, it will be necessary to disassemble essential conditions. Often the compilation takes place according to a standard pattern. The lease agreement simultaneously implements a number of different tasks.

Necessary information

But in this case, it is necessary to report on the profit received. That is why it is necessary to draw up a lease agreement. The formation of such should be carried out within the framework of the Civil Code of the Russian Federation.

Often accommodation is carried out in a shopping center. In fact, the accommodation facility can be anything. But this issue must be taken into account when forming an agreement.

Otherwise, it will be impossible to carry out the procedure for accepting promotional materials, as well as renewal.

In accordance with the law, a lease agreement in a number of situations will need to be registered. This is done in a special state register.

Key Concepts

It is very important to work out in advance a number of terms that are used in the legislation. Since only in this way it will be possible to prevent standard errors.

It is worth first of all to work out the issue regarding the place of rent. All the subtleties of drawing up an agreement of this type are indicated in the Civil Code of the Russian Federation.

It is important to distinguish between a rental agreement and a leasing agreement. The latter implies a buyout after the expiration of the agreement.

The main terms that apply in this case:

tenant and landlord;
lease contract;
advertising space;
rent;
duties of the parties.

First of all, it should be noted that the terms tenant and landlord	The owner of the property leased for temporary use and the one who receives it for use are designated. Today there are many different subtleties directly related to legal status sides. This implies who exactly carries out the rental process itself - physical, legal entities, individual entrepreneurs
Under the document "lease agreement"	A special agreement is understood, within the framework of which the registration process is carried out. Moreover, it is important to distinguish this type of contract from various kinds of others, similar to that in terms of functions. The lease agreement simultaneously solves a fairly extensive list of a variety of tasks. It is best to familiarize yourself with all of them in advance. Since it depends on compliance with the law
"Advertising Square"	It is property, any surface that is rented out for the placement of information materials. This may be the wall of a building, another structure, as well as special advertising structures. Those are designated by the terms "billboard" and others. It is important to note that the very process of drawing up a contract implies the use of such terminology in it.
"Rent"	A certain amount of money that is transferred to pay for the cost of the service. It is important to note that the process of using advertising space is also necessarily indicated in the agreement. If this is not done, then the likelihood of all sorts of disputes is high.
Duties of the parties	A special clause that must be present in the agreement

What is the purpose of creating

Today, the lease agreement itself simultaneously implements a number of different tasks. There is a standard form for this.

However, it is important to take into account many different nuances when using the example. First of all, the type of advertising space (for example, this could be the body of a bus).

As well as other points. The lease agreement itself simultaneously solves a whole list of different tasks at once:

allows you to formalize the relationship between the parties and determine the boundaries of responsibility;
the lease agreement acts as a reporting document and provides an opportunity to obtain information on profit;
simplifies the process of defending your own interests in court.

In general, in addition to the above points, there are many other tasks that can be solved with the help of such an agreement.

Separately, it will be necessary to work out a lease agreement for advertising space on the facade of the building near the HOA.

An important point is just the question of who exactly will be the owner of the property that will be rented out in such a lease.

Legal framework

Despite the fact that anything can actually act as a lease object, it is necessary to remember the Civil Code of the Russian Federation.

It is this legal document that regulates the drafting of the corresponding type of agreement.

The basic sections that will need to be worked out necessarily and in advance include the following:

The lease agreement, like all other types of agreements, has a certain period of validity. It is also necessary to distinguish a property lease agreement from an agreement on the rental of such.

The Civil Code of the Russian Federation establishes a list of articles regulating the operation of such an agreement. All aspects of this are reflected in §2.

The main points associated with it are also determined. Also, do not confuse a lease agreement with a property lease agreement.

Video: lease agreement. Essential conditions

The latter implies the redemption of property at the end of its action. The lease agreement for advertising space for a banner implies the use of a lease agreement. Any alternatives are simply not established.

Standard lease agreement for advertising space

All actions regarding the lease agreement have their own distinctive points. That is why, in the absence of experience, it is necessary to prepare theoretically. A form of an advertising space lease agreement is possible.

This concerns, first of all, a number of specific issues. The main ones include the following:

whether it is necessary to register the agreement;
where you can advertise:

On the facade of the building.
In room.
On the fence
In the bus.

the responsibility of the parties;
what does the sample look like?
if from a private person;
arbitrage practice.

Do I need to register an agreement?

The question of registration of the contract deserves special attention. According to the legislation, all contracts are divided into main categories - long-term and short-term.

The first is an agreement whose duration is more than 12 months. Under the short-term - less than this period of time.

In its turn certain types contracts will need to be registered, regardless of the duration of the action. The list of such is indicated in the Civil Code of the Russian Federation.

Where can you advertise

Separately, it is worth noting that there is a special Federal Law "On Advertising". Therefore, it is necessary to place such just in accordance with the established legislation.

On the facade of the building

Placement on the facade of a building often does not at all imply the introduction of any special sections into the contract.

But it is worth remembering that the drafting process should take place within the framework of standard legislation.

In room

But this should not be allowed if the patency of the room is large enough. There may be problems with the tax service.

on the fence

In this way, individuals often earn. For example, if a private area fenced with a fence is located near the roadway with high traffic. For individuals a contract is not always necessary.

In the bus

Responsibility of the parties

parties is regulated by two documents at once:

lease agreement;
Civil Code of the Russian Federation.

What does the sample look like

In the absence of experience, it is worth using a sample for compilation.

If from a private person

When drawn up by a private person, the requirements for the contract are minimal. In addition, it is usually not required to register such an agreement.

Arbitrage practice

Advertising is stationary and temporary. It differs in how quickly and reliably it is mounted. For example, a billboard and a banner on a house are stationary advertisements. Bicycle with a sign "Coffee house 50 meters" at the post - temporary.

All outdoor advertising must fit into the architectural appearance of the city, not spoil the view of citizens, not interfere with motorists, comply with technical requirements and Article 19 of the Federal Advertising Law.

In the article, we analyze how to place outdoor advertising legally. The steps may differ depending on the regulations in your city. But the basic scenario is this.

1. Find out how to get permission to advertise in your city

For every outdoor advertisement you get a permit. You submit the same application for advertising in any city of Russia. But how to get permission is regulated by local authorities. For example, in St. Petersburg, in order to install an advertisement or a sign, you need to coordinate it with the Committee for Urban Planning and Architecture. For Moscow there is a separate regulation, the most complex and longest in Russia.

For issuing a permit, you will pay a fee of 5000 ₽ for one advertising space. These are all payments to the budget: if a government official demands more money, it is illegal. If you have violated the requirements of the advertising law, you will be denied permission and the fee will not be refunded.

Check local practices on the city's official website so you know what you need to submit along with your application and toll receipt.

2. Agree on advertising placement

The layout, technical requirements, the cost of advertising - it all depends on the site. It can be a commercial building, an apartment building, a municipal building, an advertising stand. Your task is to find who owns the site and arrange placement with them.

No point in looking who owns road sign, repair fence, technical city building - it is forbidden to place ads there. For violations, the city authorities issue fines, force them to dismantle and repair damaged buildings.

If you are satisfied with the place for advertising and the terms of the lease, conclude an agreement on the lease of advertising space. Most likely, it will need to be attached to the application for advertising.

At your own home

If you, like in a classic Italian commune, have opened a coffee shop on the first floor of your house, hang ads on the second floor, it's free. But you still need to collect a technical specification, get permission from the municipality and pay a fee.

On commercial real estate

If the coffee shop is located in a business center or commercial building, negotiate with the property owner or landlord with the right to advertise. If the building has several owners who are not united in a firm, all owners give permission for advertising.

The contract for the lease of an advertising structure is concluded for a period of 5 to 10 years, depending on local legislation. The right to place advertising is confirmed by the lease agreement for advertising space. Therefore, at the initial stages, it is profitable for small coffee houses that are not confident in their abilities to rent from tenants, i.e. become subtenants. When subleasing advertising space, you agree with the landlord for the required period, he acts on behalf of all owners.

On a residential building

It is important to attend in person and oversee the meeting. Put three topics on the agenda:

Is it possible to place advertising on the roof or wall of the building, for how long and in what format.
Who will enter into an agreement with the advertiser on behalf of the tenants. As a rule, this is the chairman.
Under what conditions are tenants willing to advertise. If you pay for advertising to tenants, determine where and how you pay, who accepts payment, who signs bills and acts.

Accommodation conditions include discounts on coffee, the provision of loyalty cards, the obligation to renovate the premises for a coffee shop or poison the rats in the basement. How do you agree.

To advertise, get the consent of at least 2/3 of the owners.
After each meeting, the owners sign the minutes. This is an official document that fixes the agenda, the quorum, who voted for what. Only signatures will help you in case of litigation, so follow the protocol and make a copy.

If you're a subtenant in an apartment building with a coffee shop on the ground floor, ask your landlord about outdoor advertising. Most likely, he already held a meeting when he rented the space, and received permission to advertise. In this case, you just need to agree with the landlord.

On urban real estate

City real estate, in other words, municipal property, are buildings that are supported by budget money. These are schools, gardens, hospitals, recreation centers, libraries, administration building. There is no list of such property in the Civil Code, but you can't confuse it: outdoor advertising on municipal buildings is monitored.

Accommodation outdoor advertising on municipal buildings goes through an auction or competition and is subject to local law. If you want to rent municipal advertising space, read the auction procedure and participation rules on the official website of your city.

It can be a daunting task for a start-up coffee shop to collect the full package of documents and funds for an auction. But we do not recommend placing outdoor advertising on city property without permission: this is the first thing that local authorities control from outdoor advertising.

The municipality rents out some of the buildings and advertising space. For example, the first floors of the House of Culture were leased to a contractor. Then the coffee house in this DC becomes a subtenant and does not participate in the auction, because. already won by the landlord. It is necessary to agree on advertising with him. Check his advertising rights.

On multiple buildings

If the banner according to the plan hangs on two buildings, negotiate with two owners of advertising spaces. How many owners of advertising space participate in the placement of advertising, so many contracts.

Advertising structures are owned by the city, advertising agencies that rent from the city, individuals and firms. The logic is simple: find the owner or tenant of the advertising space, check his rights to the desired advertising stand, and conclude an agreement.

Placed on objects intended for advertising is as convenient as in shopping malls: this is a business for owners, technical requirements are described, contract templates are worked out, the features of installation and dismantling are known.

If the owner of the coffee shop at the beginning of the article had chosen the city billboard instead of the fence, there would be no problems. Or it would not be the problem of the owner of the coffee shop, but the owner of the advertising space.

On asphalt

Since 2013, it is not allowed to put inscriptions on asphalt and other road surfaces. Drawing inscriptions and graffiti on roads is considered an administrative offense. For cities and regions of Russia, the amount of the fine is determined by local authorities, read the "Code of administrative offenses» of your city.

In Moscow, a fine of 3,000 to 5,000 rubles for individuals and individual entrepreneurs, from 50,000 to 150,000 rubles for LLCs.

In practice, if the entrepreneur is not caught on the spot with a can of paint, he will not be punished. Therefore, many paint ads on the pavement, observing two precautions: stay away from cameras and windows of grandmothers, do not use the logo and name of the coffee shop. Instead, they draw, for example, a path of coffee cups or grains from a human stream to a coffee shop. In this case, it is difficult for officials to demand an explanation from a particular coffee shop.

There are companies on the Internet that offer services for applying advertising graffiti to asphalt. Use their services carefully, they break the law, rarely conclude contracts, and in case of problems with the contractor, the court will not help you.

If the owner of the coffee shop draws on the pavement himself, he will receive two fines: for illegal advertising and for damage to property, plus he will pay for its repair.

On the monument

You can advertise on protected architectural monuments if you operate a coffee shop inside the monument. For example, you rent a space for a cafe in a local theater. The theater lives in a building of the beginning of the 19th century, the building is protected by the state. The theater benefits from your coffee shop, you pay rent, people visit you during the intermission. In this case, the management will tell you in what style to make advertising, where to hang it and with whom to negotiate.

In other cases, you can't. It is especially impossible to do this without permission, because you will be fined for hanging advertisements without permission and for damaging monuments of national importance.

The maximum fine for legal entities for damage to especially valuable objects cultural heritage- 60 million rubles.

If you see a “Protected by the State” sign on your house, don’t advertise on it without permission, you will pay more fines than new visitors will pay you for coffee.

3. Order a layout

If you order advertising from a design studio, then meeting the technical requirements from the owner of the advertising space is their task. As a result, you should have both the specification and the layout of the advertisement that fit the specification. Just in case, do not forget to compare the requirements from the owner of the advertising space and what the contractor did.

The Law on Advertising does not regulate the technical specification of outdoor advertising. But it is necessary to prepare the specification, otherwise the application for advertising will not be approved.

In order not to be mistaken, ask colleagues from other coffee shops what they used to advertise, or the municipality what they want to see as technical descriptions.

4. Think over the advertising message

Requirements for the content of advertising regulates. Here it is in short:
- do not play on the contrasts between your cool coffee and competitors' drinks. A dull guy with a glass of McCafe and a cheerful guy with your glass on one banner - this is prohibited as unfair competition;
- avoid the similarity of advertising with road signs, it is dangerous for traffic, it is forbidden. Please do not confuse the logo of a coffee shop in the form of a road sign with the road sign "Cafe" - these are set by Rosavtodor and branches, they can;
- be careful with the play on words and pictures. Vigilant citizens will look into advertising poster anything - for example, a call to drink American coffee, not native chicory, and they will write a complaint against you to the prosecutor's office. Therefore, if you want to play on the opposition of "americano" and "rusiano", hire a lawyer;
- and no erotica with coffee pots and cups in ads if you don't want to get an age rating for it.

The key to the success of an advertising message: honest advertising, compliance with the Constitution and industry laws. Do not deceive visitors and do not offend neighbors. Otherwise, the FAS will come to you with fines for forgery of information and competitors with the courts because of the damaged reputation.

5. Apply for permission

Collect in one package of documents:
- statement,
- a receipt for state duty,
- technical specification for the advertising structure from the lessor or written by you,
- layout of advertising without violating the Law on Advertising,
- agreement with the owner of the advertising space
- and whatever your municipality wants to see.

And submit for approval.

5. Order and install

With the signed permission, go to the advertising agency that will do the advertising. It manufactures and mounts it on the advertising spot. Be sure to make sure that outdoor advertising is placed securely: if the billboard falls, it can injure a passerby. Monitor the quality of installation - work advertising agency, but if the ad drops, residents will think of the coffee shop, not the agency. So it's better to check again.

Your task at this stage is to make sure that the final advertisement is the same as on the layout. Otherwise, you may be subject to regulatory sanctions that will force you to remake or remove the advertisement due to differences between the agreed layout in the application and the finished advertisement in the city.

6. Remove ads

The main thing - on time and safely. Safety depends on the design where the advertisement was hung. For example, if the advertisement was hanging on a billboard, you don't need to climb it without insurance. As a rule, the same company that hung up dismantles, they know how to do it right. Or you can hire freelance workers.

Keep all contracts, permits from the municipality, technical specifications while the advertisement is hanging and a year after dismantling.

What happens if you post ads without permission?

Many cafe owners are afraid of the legal placement of outdoor advertising on paper. They act differently: they pay inspectors every month, they do not place outdoor advertising, they manage with signs. How to advertise - the choice of the entrepreneur. This is a section about what happens if you choose illegal advertising.

Outdoor advertising is regularly checked by the Federal Antimonopoly Service and the Administrative and Technical Inspectorate. The main ones are the FAS, they have the right to review the issued permit and cancel it,. And vigilant residents write complaints to the housing and communal services, the prefecture and the police. In this case comes unscheduled inspection from FAS and ATI.

For illegal outdoor advertising, a businessman receives fines and orders for dismantling. If you also violated the Advertising Act, you may be sued by dissatisfied consumers for mismatching advertising and product, or from competitors for unfair competition.

Outdoor without permission or in violation of technical requirements:

+ compensation for health or property if the ad is down

Outdoor without permission and with false information:

From 3,000 to 5,000 rubles, if you are an individual entrepreneur
From 500,000 rubles to 1 million rubles if you are an LLC
+ dismantling and repair of damaged buildings
+ compensation to consumers for low-quality coffee according to the number of applicants by court order

Outdoor advertising without permission and exposing competitors' products:

Employees of the FAS and ATI fix errors and issue instructions that you must comply with or challenge in court. You can fulfill the inspection requirement and dismantle the advertisement immediately. The obligation to remove incorrect advertisements comes only by order of the court. A month is given for dismantling, if you do not do this, the court will oblige the landlord.

In practice, housing and communal services employees or representatives of the administration often forcibly dismantle outdoor advertising. If you received permission and hung advertising legally, you can challenge the actions of the authorities in the arbitration court within three months.

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advertising space in a person acting on the basis of , hereinafter referred to as " Landlord”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Tenant”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The landlord leases and the tenant rents advertising space, which is part of the facade of the building located at: , area sq. m, size x (hereinafter referred to as the Object).

1.2. The Lessor owns the building specified in clause 1.1 of this Agreement on the right of private ownership in accordance with the Certificate of state registration rights from "" 2020 series, No., registration record in the Unified State Register of Rights to real estate and transactions with it No. dated "" 2020

1.3. The property will be used to host billboard Tenant size x, area sq. m, .

1.4. Income received by the Lessee as a result of the use of the Object is his property.

1.5. The reorganization of the tenant organization, the lessor organization, as well as the change of the owner of the building are not grounds for changing or terminating the Agreement.

2. TERM OF RENTAL

2.1. The object is leased for years (lease term), from ""2020 to ""2020.

2.2. The Tenant will take possession of the Property starting from ""2020. The Object is rented out (returned by the Tenant) under the Object acceptance and transfer certificate signed by the Parties, which must specify in detail technical condition of the Object, the presence of painting or facing material, other information characterizing the Object at the time of leasing.

2.3. The term of the Agreement may be extended by agreement of the Parties, which is drawn up additional agreement Parties.

2.4. The Lessee is obliged, within days from the date of expiration of the Agreement, to transfer the Object to the Lessor according to the act of acceptance and transfer, which should reflect the technical condition of the Object at the time of transfer.

3. PAYMENTS UNDER THE CONTRACT

3.1. The lease payment under this Agreement is rubles monthly.

3.2. Payment is made by transfer Money in the amount specified in clause 3.1 of the Agreement to the settlement account of the Lessor or issuance to the Lessor of the amount specified in clause 3.1 of the Agreement, within the limits established by the legislation of the Russian Federation, from the cash desk of the Lessee no later than the day of each month during the term of this Agreement.

4. OBLIGATIONS OF THE LESSOR

4.1. The landlord is obliged:

4.1.1. In accordance with clause 2.2 of the Agreement, transfer the Object to the Lessee for use according to the acceptance certificate.

4.1.2. Do not obstruct the Lessee in the lawful use of the leased Object.

4.1.3. To carry out major repairs of the Facility at its own expense, unless the Parties agree otherwise.

4.1.4. At the request of the Tenant, assist in obtaining the approval of the relevant authorities and the subsequent display outside the Property, provided that the design, style, size and location of the Property will comply with the requirements of the relevant municipal authority for such advertising.

5. OBLIGATIONS OF THE LESSEE

5.1. The tenant is obliged:

5.1.1. Use the Object for the purpose specified in clause 1.3 of the Agreement.

5.1.3. Pay rent under the Agreement in the amount and within the time limits established by the Agreement.

5.1.4. Notify the Lessor in writing no later than days in advance of the upcoming release of the Object, including its part, both in connection with the expiration of the Agreement, and in case of early release.

5.1.5. Immediately inform the representatives of the Lessor about the signs of the emergency condition of the Facility.

6. RIGHTS OF THE LESSOR

6.1. The landlord has the right:

6.1.1. Carry out repairs and restoration work that may affect the location or appearance billboard on the Facility in the building specified in clause 1.1 of this Agreement, only with the consent of the Tenant. When using the premises in the building, the Lessor must ensure that its employees do not cause damage to the leased Object, and also cause as little inconvenience as possible by their actions. In the event of any damage to the Object, their elimination is carried out by the forces and at the expense of the Lessor. Damage to the billboard of the Tenant as a result of such actions is compensated by the Landlord in full.

7. RIGHTS OF THE LESSEE

7.1. The tenant has the right:

7.1.1. In agreement with the Lessor, at its own expense and on its own, install or demonstrate outside the Facility any advertisements, signs, message boards, posters, numbers, letters, stands, flags, spotlights, and install your own branded sign at the Site, provided that its design, style, size and location will comply with the requirements of the relevant municipal authority for such advertising.

7.1.2. In the event of the expiration or early termination of the Agreement for any reason, demand reimbursement of expenses incurred by it for overhaul, as well as reimbursement of other costs aimed at improving the performance of the leased Object, including the cost of inseparable improvements made. The Lessor is obliged to reimburse the Lessee for the expenses incurred by him for the specified purposes in full.

7.1.3. Cancel the Agreement at any time by notifying the Lessor of this in writing days in advance.

7.2. The Lessee enjoys the priority right to extend the Lease Agreement on the same terms for a new term, as well as to conclude a new lease agreement.

8. DISPUTES RESOLUTION

8.1. All disputes arising out of this Agreement or in connection with it must, first of all, be resolved through friendly negotiations between the Parties.

8.2. If the Parties fail to resolve such a dispute within calendar days after the written notification of one of the Parties to the other Party about the existence of the dispute, then the dispute is resolved in the Arbitration Court.

8.3. In all other respects that are not provided for by this Agreement, the Parties are guided by the current legislation Russian Federation.

9. RESPONSIBILITIES OF THE PARTIES

9.1. In case of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with applicable law.

9.2. Each of the Parties that has caused damage to the other Party by non-fulfillment or improper fulfillment of its obligations under the Agreement is obliged to pay a fine in the amount of rubles to the other Party.

9.3. In case of non-compliance with the obligations stipulated in the Agreement, the guilty Party shall be fully liable for damage caused to the property of the other Party and third parties.

9.4. If the Object, as a result of the actions of the Lessor or the failure to take the necessary and timely measures, falls into an emergency condition or undergoes partial or complete destruction, the Lessor restores it on its own at the expense of own funds or reimburses the Lessee for the damage caused in full in the manner prescribed by law.

9.5. In case of non-fulfillment or improper fulfillment by the Tenant of his obligations specified in clause 3.1, clause 3.2 of this Agreement, the Tenant shall pay the Lessor a penalty in the amount of % of the amount of delay for each day of delay.

9.6. Payment of a penalty and compensation for damages do not release the guilty Party from fulfilling its obligations under the Agreement.

10. ADDITIONAL PROVISIONS

10.1. The Agreement may be terminated or amended at any time by mutual agreement of the Parties, executed in the form of an additional agreement.

10.2. The Lessee has a pre-emptive right to renew the Lease Agreement on the same terms. If, days before the expiration of the Agreement, none of the Parties declares its intention to terminate it, the Agreement shall be deemed extended for the same period on the same conditions.

10.3. This Agreement is drawn up and signed in duplicate, and all copies have equal legal force.

11. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Landlord

Tenant Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

12. SIGNATURES OF THE PARTIES

Landlord _________________

Tenant _________________

in a person acting on the basis of , hereinafter referred to as " Landlord”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Tenant”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Lessor leases, and the Lessee accepts for rent an advertising space, which is a part of the facade of the building located at: , sq.m., size x (hereinafter referred to as the Object).

1.2. The landlord owns the building specified in clause 1.1 of this Agreement on the right of private ownership in accordance with the Certificate of State Registration of Rights dated "" series, No., registration record in the Unified State Register of Rights to Real Estate and Transactions with It No. dated "" of the year.

1.3. The object will be used to place the tenant's billboard x size, sq.m., .

1.4. Income received by the Lessee as a result of the use of the Object is his property.

1.5. The reorganization of the tenant organization, the lessor organization, as well as the change of the owner of the building are not grounds for changing or terminating the Agreement.

2. TERM OF RENTAL

2.1. The object is leased for years (lease term), from "" year to "" year.

2.2. The Lessee will take possession of the Property starting from the year "". The Object is leased (returned by the Lessee) under the Object acceptance and transfer certificate, signed by the Parties, which should specify in detail the technical condition of the Object, the presence of painting or facing material, other information characterizing the Object at the time of leasing.

2.3. The term of the Agreement may be extended by agreement of the Parties, which is formalized by an additional agreement of the Parties.

3. PAYMENTS UNDER THE CONTRACT

3.1. The lease payment under this Agreement is rubles monthly.

3.2. Payment is made by transferring funds in the amount specified in clause 3.1 of the Agreement to the settlement account of the Lessor or issuing to the Lessor the amount specified in clause 3.1 of the Agreement, within the limits established by the legislation of the Russian Federation, from the Lessee's cash desk no later than the day of each month during the validity period of this Agreement.

4. OBLIGATIONS OF THE LESSOR

4.1. The landlord is obliged:

4.1.1. In accordance with clause 2.2 of the Agreement, transfer the Object to the Lessee for use according to the acceptance certificate.

4.1.2. Do not obstruct the Lessee in the lawful use of the leased Object.

4.1.3. To carry out major repairs of the Facility at its own expense, unless the Parties agree otherwise.

5. OBLIGATIONS OF THE LESSEE

5.1. The tenant is obliged:

5.1.1. Use the Object for the purpose specified in clause 1.3 of the Agreement.

5.1.3. Pay rent under the Agreement in the amount and within the time limits established by the Agreement.

5.1.5. Immediately inform the representatives of the Lessor about the signs of the emergency condition of the Facility.

6. RIGHTS OF THE LESSOR

6.1. The landlord has the right:

6.1.1. Carry out repair and restoration work that may affect the location or appearance of the billboard at the Facility in the building specified in clause 1.1 of this Agreement, only with the consent of the Lessee. When using the premises in the building, the Lessor must ensure that its employees do not cause damage to the leased Object, and also cause as little inconvenience as possible by their actions. In the event of any damage to the Object, their elimination is carried out by the forces and at the expense of the Lessor. Damage to the billboard of the Tenant as a result of such actions is compensated by the Landlord in full.

7. RIGHTS OF THE LESSEE

7.1. The tenant has the right:

7.1.1. Upon agreement with the Lessor, at its own expense and on its own, install or demonstrate outside the Facility any advertisements, signboards, agency message boards, posters, numbers, letters, stands, flags, spotlights, as well as install its own branded sign at the Facility, provided that its design, style, size and layout will comply with the relevant municipal authority's requirements for such advertising.

7.1.2. In case of expiration or early termination of the Agreement for any reason, demand reimbursement of the costs incurred by it for major repairs, as well as reimbursement of other costs aimed at improving the operational qualities of the leased Object, including the cost of inseparable improvements made. The Lessor is obliged to reimburse the Lessee for the expenses incurred by him for the specified purposes in full.

7.1.3. Cancel the Agreement at any time by notifying the Lessor of this in writing days in advance.

7.2. The Lessee enjoys the priority right to extend the Lease Agreement on the same terms for a new term, as well as to conclude a new lease agreement.

8. DISPUTES RESOLUTION

8.1. All disputes arising out of this Agreement or in connection with it must, first of all, be resolved through friendly negotiations between the Parties.

8.3. In all other respects that are not provided for by this Agreement, the Parties are guided by the current legislation of the Russian Federation.

9. RESPONSIBILITIES OF THE PARTIES

9.1. In case of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with applicable law.

9.3. In case of non-compliance with the obligations stipulated in the Agreement, the guilty Party shall be fully liable for damage caused to the property of the other Party and third parties.

9.4. If the Object, as a result of the actions of the Lessor or the failure to take the necessary and timely measures, falls into an emergency condition or undergoes partial or complete destruction, the Lessor restores it on its own at its own expense or compensates the Lessee for the damage caused in full in accordance with the procedure established by law.

9.6. Payment of a penalty and compensation for damages do not release the guilty Party from fulfilling its obligations under the Agreement.

10. ADDITIONAL PROVISIONS

10.1. The Agreement may be terminated or amended at any time by mutual agreement of the Parties, executed in the form of an additional agreement.

10.3. This Agreement is drawn up and signed in duplicate, and all copies have equal legal force.

11. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Landlord

Legal address:
Mailing address:
Phone fax:
TIN/KPP:
Checking account:
Bank:
Correspondent account:
BIC:
Signature:

Tenant

Legal address:
Mailing address:
Phone fax:
TIN/KPP:
Checking account:
Bank:
Correspondent account:
BIC:
Signature:

For individuals, drawing up a contract is not always necessary. In the bus Very often the advertising structure is used on the surface of the bus and other public transport. A contract is drawn up with a service organization. Responsibility of the parties The responsibility of the parties is regulated by two documents at once:

lease agreement;
Civil Code of the Russian Federation.

What does the sample look like? In the absence of experience, it is worth using a sample for compilation. If from a private person When drawn up by a private person, the requirements for the contract are minimal. In addition, it is usually not required to register such an agreement. Arbitrage practice Case No. 33-902/2017. For 5 years, the tenant had to pay the landlord in the amount of 300 thousand rubles. 5 thousand rubles for each month. At the same time, an additional 15 thousand rubles were paid for equipment rental.

Lease agreement for advertising space on the facade of the building

The main criterion is the nature of the relationship between the parties 1) That an agreement has been concluded paid provision services may indicate the following:

The customer under the contract is granted the right to place advertising materials on the advertising structures of the contractor, while the corresponding advertising structures and (or) structural elements of the building are not provided for the possession and use of the customer (Resolution of the Federal Antimonopoly Service of the West Siberian District of March 24, 2009 No. Ф04-1674 / 2009 ( 2905-A70-16) in case No. А70-4551/2008, Decree of the Federal Antimonopoly Service of the Volga District of October 16, 2012 in case No. А65-8347/2012, Decree of the Federal Antimonopoly Service of the Moscow District of March 15, 2013 in case No. А40-80403/12-53 -750)
The Contractor independently places the customer's advertising materials on its advertising structure (Decision of the Arbitration Court of Perm dated March 18, 2013 No.

Advertising space lease agreement

Lease agreement for an advertising space on the facade of the building No. "" g. in the person acting on the basis, hereinafter referred to as the "Lessor", on the one hand, and in the person acting on the basis, hereinafter referred to as the "Tenant", on the other hand , hereinafter referred to as the "Parties", have concluded this agreement, hereinafter referred to as the "Agreement", as follows: 1. SUBJECT OF THE AGREEMENT 1.1. The Lessor leases, and the Lessee accepts for rent an advertising space, which is a part of the facade of the building located at: , sq.m., size x (hereinafter referred to as the Object).
1.2. The landlord owns the building specified in clause 1.1 of this Agreement on the right of private ownership in accordance with the Certificate of State Registration of Rights dated "" series, No., registration record in the Unified State Register of Rights to Real Estate and Transactions with It No. dated "" of the year. 1.3.

Facade (wall, roof) of the building for advertising. how to draw up a contract?

When concluding an agreement on the placement of outdoor advertising on a building, one may encounter the question: what provisions of civil law should regulate the relations of the parties under such an agreement? As a rule, the courts qualify such contracts as either unnamed, with the provisions of the lease agreement applied to them, or as contracts for the provision of services, depending on how the subject matter of the contract is worded. An agreement on the placement of outdoor advertising on a building, qualified as unnamed, is more stable, since, unless otherwise expressly provided in it, neither party has the right to refuse to execute it unilaterally out of court.
Accordingly, the parties to such an agreement can be more confident in the long-term nature of their relationship, which is of particular importance for the person whose advertising materials are placed on the building.

How to draw up an advertising space lease agreement in 2018

Attention

It means who exactly carries out the rental process itself - individuals, legal entities, individual entrepreneurs Under the document "lease agreement" It means a special agreement under which the registration process is carried out. Moreover, it is important to distinguish this type of contract from various kinds of others, similar to that in terms of functions.

Important

This may be the wall of a building, another structure, as well as special advertising structures. Those are designated by the terms "billboard" and others.

raa law

Nevertheless, the drafting of the contract should always be carried out only within the framework of legislative norms. Today, the main such norm is the Civil Code of the Russian Federation.
The process of drawing up an agreement on the lease of advertising space is necessarily implemented within the framework of the law. Otherwise, the contract may simply be invalidated in full, in part.

Info

This point is best worked out in advance. Separately, it will be necessary to analyze the essential conditions.

Often the compilation takes place according to a standard pattern. The lease agreement simultaneously implements a number of different tasks. Necessary information Every day the need for advertising increases more and more.

Clause in the lease agreement on liability for advertising on the facade

Pay rent under the Agreement in the amount and within the time limits established by the Agreement. 5.1.4. Notify the Lessor in writing no later than days in advance of the upcoming release of the Object, including its part, both in connection with the expiration of the Agreement, and in case of early release.

5.1.5. Immediately inform the representatives of the Lessor about the signs of the emergency condition of the Facility. 6. RIGHTS OF THE LESSOR 6.1. The lessor has the right: 6.1.1. Carry out repair and restoration work that may affect the location or appearance of the billboard at the Facility in the building specified in clause 1.1 of this Agreement, only with the consent of the Lessee. When using the premises in the building, the Lessor must ensure that its employees do not cause damage to the leased Object, and also cause as little inconvenience as possible by their actions.

How to formulate the condition of the contract on the subject so that it is recognized by the court as unnamed, to which the provisions of the lease agreement apply?

The contractor provides the customer with a part of the structural element of the building (part of the facade, roof) for possession and use to place an advertising structure with the customer's advertising materials on it;
The Contractor provides the customer with the opportunity/right to place an advertising structure with the customer's advertising materials on structural element(part of the facade, roof) of the building.

II. When is a contract for the placement of outdoor advertising on a building qualified as a paid services contract? II.I.

In case of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with applicable law. 9.2. Each of the Parties that has caused damage to the other Party by non-fulfillment or improper fulfillment of its obligations under the Agreement is obliged to pay a fine in the amount of rubles to the other Party.

9.3. In case of non-compliance with the obligations stipulated in the Agreement, the guilty Party shall be fully liable for damage caused to the property of the other Party and third parties. 9.4. If the Object, as a result of the actions of the Lessor or the failure to take the necessary and timely measures, falls into an emergency condition or undergoes partial or complete destruction, the Lessor restores it on its own at its own expense or compensates the Lessee for the damage caused in full in accordance with the procedure established by law. 9.5.

Lease agreement advertising on the facade of the building

F dated 03.11.2015 N 305-ES15-6784);

Since the fee for withdrawal from the contract does not have the character of a sanction for breach of obligation, the application of Art. 333 of the Civil Code of the Russian Federation is unacceptable (Decree of the Ninth Arbitration Court of Appeal of June 28, 2016 N 09AP-25131/2016-GK in case N A40-36854/16);
However, it is important to take into account that such a fee for a unilateral refusal to perform the contract can still be reduced by the court on the basis of paragraph 2 of Art. 10 of the Civil Code of the Russian Federation (clause 16 Resolution of the Plenum Supreme Court RF dated November 22, 2016 N 54 “On some issues of application general provisions of the Civil Code of the Russian Federation on Obligations and Their Fulfillment”);
An agreement for the placement of outdoor advertising cannot be qualified as a work contract, since it was not concluded for the manufacture or processing (processing) of an item or for the performance of other work with the transfer of its result to the customer.

The main criterion is the nature of the relationship between the parties. 1) It can be concluded that an unnamed contract has been concluded if:

The customer, under the terms of the contract, uses the structural part of the building and places independently an advertising structure with its advertising materials on the facade of the building (Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 No. Plenum of the Supreme Arbitration Court of the Russian Federation dated July 23, 2009 No. 64 “On some issues of the practice of considering disputes about the rights of owners of premises to the common property of a building” (p. 7), Decision of the Arbitration Court of the Novosibirsk Region dated June 7, 2016 in case No. A45-12840 / 2015 , Resolution of the Arbitration Court of the Moscow District dated March 25, 2016 No. F05-2741 / 2016 in case No. A40-39653 / 2015, Resolution of the Arbitration Court of the Volga-Vyatka District dated July 15, 2016 in case No. A43-17436 / 2015).

2.
All aspects of this are reflected in §2. The main points associated with it are also determined. Also, do not confuse a lease agreement with a property lease agreement. The latter implies the redemption of property at the end of its action. The lease agreement for advertising space for a banner implies the use of a lease agreement. Any alternatives are simply not established. Typical lease agreement for advertising space All actions regarding the lease agreement have their own distinctive points. That is why, in the absence of experience, it is necessary to prepare theoretically. You can download the rental contract form for advertising space here. This concerns, first of all, a number of specific issues.