Shared Use Agreement Template for Germany

A Shared Use Agreement lets multiple parties legally share access to property, equipment, or facilities. In Germany, these contracts (Mitnutzungsvereinbarungen) help organizations maximize resource efficiency while clearly defining everyone's rights and responsibilities. Common examples include shared office spaces, research facilities, or industrial equipment.

Under German civil law, these agreements must specify usage schedules, maintenance duties, cost allocation, and liability terms. They're particularly valuable for small businesses, research institutions, and public-private partnerships looking to reduce overhead costs. The agreement also needs to comply with German property law (Sachenrecht) and include clear dispute resolution procedures.

Consider using a Shared Use Agreement when your organization plans to share physical spaces, equipment, or facilities with other parties in Germany. This is especially relevant for startups sharing office space, research institutions pooling expensive laboratory equipment, or municipalities allowing community groups to use public facilities.

The agreement becomes essential when sharing arrangements involve significant assets, regular access patterns, or potential liability risks. German law requires clear documentation of shared-use arrangements, particularly for insurance coverage and tax purposes. Setting up the agreement early helps prevent disputes about schedules, maintenance responsibilities, and cost allocation.

• Basic Facility Sharing: Covers shared use of buildings, offices, or meeting spaces with straightforward scheduling and cost-sharing terms
• Equipment-Focused Agreement: Details technical specifications, maintenance schedules, and specialized training requirements for shared machinery or lab equipment
• Public-Private Partnership: Structures sharing arrangements between government entities and private organizations, incorporating specific German public law requirements
• Multi-Party Access: Manages complex arrangements involving three or more parties sharing resources, with detailed coordination protocols
• Short-Term Project Agreement: Designed for temporary sharing during specific projects, with clear start and end dates

• Business Owners: Primary decision-makers who initiate and sign Shared Use Agreements, especially in co-working or industrial sharing arrangements
• Facility Managers: Handle day-to-day implementation, scheduling, and maintenance coordination between sharing parties
• Legal Counsel: Draft and review agreements to ensure compliance with German property and contract law requirements
• Municipal Authorities: Oversee agreements involving public facilities or infrastructure sharing with private entities
• Insurance Providers: Review and approve liability coverage for shared-use arrangements

• Identify Parties: Gather full legal names and addresses of all organizations involved in the shared-use arrangement
• Asset Details: Document specific properties, equipment, or facilities to be shared, including technical specifications and current conditions
• Usage Schedule: Create detailed timetables showing when each party needs access and for what purposes
• Cost Allocation: Calculate how expenses for maintenance, utilities, and repairs will be divided among parties
• Insurance Requirements: Determine necessary coverage levels and liability arrangements under German law
• Review Process: Use our platform to generate a legally compliant draft, ensuring all mandatory elements are included

• Party Information: Full legal names, addresses, and authorized representatives of all sharing parties
• Asset Description: Detailed specification of shared properties or equipment under German property law (Sachenrecht)
• Usage Terms: Clear scheduling protocols, access rights, and permitted activities
• Cost Structure: Breakdown of shared expenses, payment terms, and invoicing procedures
• Maintenance Duties: Specific responsibilities for upkeep, repairs, and routine maintenance
• Liability Provisions: Risk allocation, insurance requirements, and indemnification clauses
• Termination Terms: Conditions for ending the agreement and asset disposition procedures
• Dispute Resolution: German jurisdiction clause and conflict resolution methods

A Shared Use Agreement differs significantly from a Land Use Agreement in several key aspects under German law. While both deal with property rights, their scope and application serve different purposes.

• Primary Purpose: Shared Use Agreements focus on coordinating multiple parties' simultaneous or rotating access to facilities or equipment, while Land Use Agreements grant exclusive rights to use a specific piece of land
• Duration Structure: Shared Use Agreements typically involve ongoing, scheduled access patterns, whereas Land Use Agreements often establish longer-term, continuous usage rights
• Cost Allocation: Shared Use Agreements include detailed provisions for splitting operational costs among users, but Land Use Agreements usually involve straightforward rent or lease payments
• Maintenance Responsibilities: In Shared Use Agreements, maintenance duties are distributed among users, while Land Use Agreements typically assign these responsibilities solely to either landlord or tenant