Shared Workspace Licence Agreements On The Gold Coast

Yes - if you run a coworking space or shared office on the Gold Coast, you should have a written licence agreement for every member, business or casual user who uses your desks, rooms or facilities.

The nuance is that a shared workspace licence agreement isn't just a simple permission slip. It needs to sit neatly with your head lease, building rules, access systems, security processes and the practical way your space actually operates day to day.

A good agreement makes it clear what members can use, when they can access the premises, what they pay, how meeting rooms work, who is responsible for damage, and how either side can end the arrangement. That clarity can save you a lot of awkward conversations later.

Do You Need A Shared Workspace Licence Agreement On The Gold Coast?

Yes, you need one if another person or business is using your workspace, even if they only use a desk a few days a month.

A shared workspace licence agreement gives your member permission to use a defined part of your premises and shared facilities, without giving them the broader rights a tenant would usually expect under a lease.

For a Gold Coast coworking space, that might cover:

• Hot desks, dedicated desks or private offices
• Meeting rooms, podcast rooms or event areas
• Reception, mail handling or printing facilities
• After-hours access cards or app-based entry
• Shared kitchens, bathrooms, parking or end-of-trip facilities

Without a written agreement, you may struggle to recover unpaid fees, charge for damage, remove a member who is disrupting others, or prove what access the member was actually promised.

Say you run a shared office in Southport and let a marketing agency use four dedicated desks for three months. If your emails only say the agency can use the space for a monthly fee, there may be no clear rules about meeting room limits, after-hours access, signage, storage, guests or what happens if they leave early. A tailored agreement fills those gaps before they turn into a dispute.

It also helps you present your space professionally. Members are handing over money, equipment and sometimes confidential client conversations. Clear terms help everyone feel more comfortable from day one.

Is A Coworking Space Agreement A Licence Or A Lease?

It depends on how the arrangement works, but most coworking and shared office arrangements are intended to be licences, not leases.

A lease usually gives a tenant exclusive possession of premises for a set term. A licence usually gives someone permission to use the premises in a more limited way, often alongside other users and subject to your operational rules.

In a coworking space, a licence is often more suitable because you usually need flexibility to:

• Move members between desks or rooms if your layout changes
• Control opening hours, access cards and security requirements
• Let other members use common areas and meeting rooms
• Update house rules as the workspace grows
• End access quickly if a member is unsafe, disruptive or not paying

The label on the document isn't the whole story. If your agreement gives a member exclusive possession of a locked office for a long fixed term with very limited rights for you to enter or relocate them, the arrangement may start to look more like a lease.

That can create issues if your head lease doesn't allow subleasing, or if Queensland leasing laws apply in unexpected ways under a commercial sublease agreement. For example, the Retail Shop Leases Act 1994 (Qld) can be relevant for some premises in retail shopping centres or premises used for retail business. Many office-based coworking spaces won't fall neatly into that category, but you should check before you sign long-term commitments with members.

Your agreement should match the commercial reality. If you want a flexible workspace licence, the clauses should clearly support a property licence agreement structure.

What Should Your Shared Office Agreement Include?

Your agreement should cover the practical details that actually cause friction in a shared workspace.

A basic template often covers fees and term dates, but misses the operational clauses that matter most in an occupancy licence for shared space. For a Gold Coast workspace, your agreement should usually deal with access, shared facilities, behaviour standards, deposits, damage, security, termination and your rights under your head lease.

Shared Workspace Licence Agreement Outline

This outline isn't a finished legal document. A lawyer should tailor it before you use it, especially if your premises are leased, in a strata building or part of a larger commercial development.

1. Parties: Name your business and the member, including ABN or ACN details where relevant.
2. Premises: Describe the Gold Coast address, workspace area and any common facilities the member can use.
3. Licence Type: State whether the member has a hot desk, dedicated desk, private room, meeting room package or casual access.
4. Term: Set out the start date, minimum term, renewal process and whether the arrangement is month-to-month.
5. Fees: List membership fees, meeting room rates, late payment charges, card replacement fees and any included services.
6. Deposit: Explain the deposit amount, what it covers and when you can apply or refund it.
7. Access: Set opening hours, after-hours access rules, card or app use, guest access and security obligations.
8. House Rules: Attach rules for noise, kitchens, alcohol, pets, visitors, signage, events, cleaning and respectful behaviour.
9. Damage And Loss: Say who pays for damage, missing equipment, extra cleaning or misuse of shared facilities.
10. Termination: Include notice periods, immediate termination rights and what happens when access ends.
11. Compliance: Require members to follow laws, building rules, work health and safety directions and your head lease requirements.
12. Confidentiality And Privacy: Cover confidential information, CCTV notices, access logs and member data handling.

You may also need separate documents, such as house rules, an IT acceptable use policy, a meeting room booking policy and event hire terms.

Do Unfair Contract Term Rules Apply To Coworking Agreements?

They often can. Many shared workspace agreements are standard form contracts, meaning members have little real opportunity to negotiate the terms. If your members include individuals or small businesses, the Australian Consumer Law unfair contract term regime may apply.

This matters because some of the clauses operators rely on most are also the clauses most likely to need careful drafting. One-sided terms about immediate termination, suspension of access, changes to house rules, deposit set-off, late fees, indemnities and limits on your liability can be void and may also expose the business to penalties if they're unfair.

That doesn't mean you can't protect your space. It means your terms should be transparent, proportionate and reasonably necessary to protect your legitimate interests. Where possible, build in fair notice periods, reasonable cure rights, clear examples of serious misconduct, itemised deposit deductions and balanced rights for both sides. For example, suspending access immediately for a genuine safety risk is different from suspending access for a minor admin issue without warning.

If you're using the same member terms for every hot desk, private office and casual user, it's worth having the agreement reviewed for unfair contract term compliance before you roll it out.

How Should You Manage Access, Security And Meeting Rooms?

You should spell these out clearly, because they're the day-to-day issues most likely to cause tension.

Access sounds simple until someone shares an access card, brings in weekend guests, leaves a door open after hours or assumes meeting rooms are unlimited. Your licence agreement should make your boundaries clear.

For access, cover:

• Business hours and any after-hours access
• Whether access is 24/7, limited or subject to staff approval
• Whether access is via card, key, code or app
• A rule that access credentials must not be shared
• Your right to suspend access for non-payment, safety issues or misuse
• What happens if a card, fob or key is lost

For meeting rooms, cover:

• How bookings are made and cancelled
• How many included hours each membership gets
• Overage rates for extra hours
• Rules for food, alcohol, AV equipment and cleaning
• What happens if a member regularly no-shows or overruns

Security also overlaps with privacy. If you use CCTV, visitor logs, access records or Wi-Fi monitoring, you should tell members what you collect and why. The Privacy Act 1988 (Cth) may apply to your business depending on your turnover and activities, but even where it does not, transparent notices and sensible data practices reduce complaints.

You should also think about confidentiality. Coworking spaces often host accountants, consultants, health businesses, tech teams and creatives in the same room. Your agreement can require members to avoid recording others, respect private conversations and keep other members' information confidential if they come across it accidentally.

What If A Member Damages The Space Or Stops Paying?

Your agreement should give you a clear process to recover money, use the deposit and end access where needed.

Damage and non-payment aren't just legal issues. They affect your cash flow, your staff and the experience of other members using the space.

Start with a practical process:

1. Record what happened: Keep photos, access logs, invoices, emails, booking records and staff notes.
2. Tell the member promptly: Explain the issue, the amount owing and the clause you're relying on.
3. Apply the deposit if the agreement allows it: Give an itemised breakdown so there's no confusion.
4. Suspend access if appropriate: This should be allowed under the agreement for overdue fees, security risks or serious breaches.
5. End the agreement if the breach isn't fixed: Follow the notice process in the contract.

For example, Mia operates a coworking space in Burleigh Heads. A design studio licences four desks at $600 plus GST per desk per month, so the monthly invoice is $2,640 including GST. The studio also pays a one-month deposit of $2,640.

In the final month, the studio leaves without paying a $2,640 invoice. It has also damaged a meeting room wall, with a repair invoice of $850, and used $220 of extra meeting room time. If Mia's agreement allows her to apply the deposit to unpaid amounts and damage, she can set off $3,710 against the $2,640 deposit, then invoice the balance of $1,070. Without that clause, the conversation becomes much harder.

Your agreement should also deal with abandoned property. If a member leaves monitors, chairs or stock behind, you need a lawful and practical process for notice, storage, collection deadlines and disposal. The right approach can depend on the value of the goods and Queensland rules, so get advice before disposing of anything valuable.

What Local Premises Issues Matter On The Gold Coast?

You should check your premises permissions before signing members, because your licence agreement can't give rights you don't have.

If you lease your Gold Coast premises, your first document to check is your head lease or commercial tenancy agreement. It may restrict sublicensing, sharing possession, signage, operating hours, events, alterations, parking, storage, food service or the type of businesses that can operate from the premises.

Ask yourself:

• Does your landlord need to approve coworking, sublicensing or licence arrangements?
• Can members use the premises outside your normal trading hours?
• Are you allowed to run events, workshops or networking nights?
• Are there limits on signage, mail handling or registered office use?
• Do building rules restrict pets, bikes, scooters, alcohol or deliveries?
• Are there car park allocations or visitor parking limits?

If your workspace is in a strata building, body corporate by-laws may also matter. These can affect noise, common property, waste, signage, lifts, loading docks and access after hours.

Gold Coast operators should also think about planning and building use. A typical office approval may not automatically cover large events, food preparation, public training sessions or high-traffic uses. City of Gold Coast planning rules, building classification and fire safety obligations may all be relevant depending on your setup.

Work health and safety also sits in the background. Under the Work Health and Safety Act 2011 (Qld), you may have duties as a person conducting a business or undertaking. Your agreement should let you set safety directions, manage hazards and remove people who create risks for staff, members or visitors.

The practical point is simple: your member agreement should line up with your premises permissions and any agreement for lease terms. If your head lease says no after-hours access, your member agreement shouldn't promise 24/7 entry.

Key Takeaways

• A shared workspace licence agreement helps you control access, payment, behaviour, damage and termination for your Gold Coast coworking space.
• The agreement should support a licence structure, not accidentally create a lease or sublease you didn't intend.
• Access cards, house rules, meeting rooms, deposits, security and damage clauses are just as important as the fee clause.
• If your member terms are standard form contracts, check unfair contract term compliance before relying on strong termination, suspension, variation, deposit, fee or liability clauses.
• Your agreement should line up with your head lease, body corporate rules, planning permissions and Queensland work health and safety obligations.
• Standard templates often miss the local and operational details that make coworking spaces work smoothly.

If you'd like help with your shared workspace licence agreement, house rules, unfair contract term review and premises consent issues, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.