Legal Resources

Bookers Agreement

This Bookers Agreement applies globally to all bookings made through the anyspaces.com platform.

Where a booking relates to a Licensed Area located in a specific jurisdiction, an applicable Regional Schedule may also apply and forms part of this Agreement.

PARTIES

This Licence Agreement ("Agreement") is made between:

Anyspaces Australia Pty Ltd (ACN 621 947 528), or such other affiliated entity as operates the anyspaces.com platform in the relevant jurisdiction
(Facilitator)

AND

The property owner or property manager identified in the Electronic Booking Form
(Licensor)

AND

The individual or entity submitting a booking request or offer via the anyspaces.com platform
(Licensee)

RECITALS

A. The Facilitator has been appointed by the Licensor to market, manage, facilitate, and administer short-term licences of space and to collect payments on behalf of the Licensor.

B. The Facilitator operates an electronic booking and activation platform via its website and mobile application ("Platform") through which licensed areas are listed, requested, approved, and booked.

C. The Licensor is the owner of, or is authorised to act on behalf of the owner of, the licensed area.

D. The Licensee has requested to occupy a licensed area for a short-term activation in accordance with the details submitted via the Platform ("Electronic Booking Form").

E. The Licensor has agreed to grant a licence to the Licensee on the terms of this Agreement.

F. For the avoidance of doubt, the Facilitator acts solely as a technology platform and booking facilitator and is not a party to the licence granted between the Licensor and the Licensee, except to the extent expressly stated in this Agreement.

1. INTERPRETATION & GOVERNING LAW

1.1 Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the Facilitator entity operating the Platform is incorporated, unless otherwise required by mandatory local law.

Each party submits to the non-exclusive jurisdiction of the courts of that jurisdiction.

Nothing in this clause limits the Facilitator's right to seek injunctive, equitable, or urgent relief in any jurisdiction where a breach has occurred or may occur. The Licensee acknowledges that breaches involving intellectual property, confidentiality, unauthorised access, or platform misuse may cause irreparable harm for which damages may be inadequate, and agrees that injunctive or equitable relief may be sought in any jurisdiction.

1.2 Interpretation

Unless the context requires otherwise:

  • References to legislation include amendments and re-enactments;
  • References to persons include individuals, corporations, partnerships, trusts, and other legal entities;
  • Singular includes plural and vice versa;
  • Time references are to the local time of the licensed area;
  • Monetary amounts are in the currency specified in the Electronic Booking Form;
  • Obligations binding more than one party bind them jointly and severally.
  • Document Hierarchy — In the event of any inconsistency, the following order of precedence applies:
    1. the Electronic Booking Form;
    2. any applicable Regional Schedule and any local appendix to that schedule;
    3. this Agreement, including Appendix A; and
    4. the anyspaces.com Terms and Conditions.

1.3 Local Law Override

Where any provision of this Agreement is inconsistent with mandatory local laws applicable in the jurisdiction of the licensed area, those mandatory laws prevail to the extent of the inconsistency only.

2. GRANT OF LICENCE

2.1 Licence Grant

The Licensor grants the Licensee a non-exclusive, personal, revocable licence to use the licensed area described in the Electronic Booking Form for the agreed term.

2.2 Nature of Licence

This Agreement:

  • Is a licence only;
  • Does not create a lease, tenancy, or interest in land;
  • Does not grant exclusive possession;
  • Does not establish a landlord-tenant relationship;
  • Is not intended to be a retail or commercial lease.

2.3 Licence Characteristics

The Licensee acknowledges that:

  • All rights of the Licensee arise in contract only, and no estate, interest, tenancy, or proprietary right in land is created.
  • The licence is personal and non-transferable;
  • No proprietary interest is created.

2.4 Facilitator Relationship

The Licensee must not do anything that causes or may cause the Licensor to breach its agreement with the Facilitator.

3. TERM

3.1 Term

The licence commences on the start date and ends on the end date specified in the Electronic Booking Form ("Term").

3.2 Automatic Termination

This Agreement automatically terminates upon:

  • Expiry of the Term;
  • Termination under this Agreement; or
  • Termination of the agreement between the Licensor and the Facilitator.

4. USE OF LICENSED AREA

4.1 Permitted Use

The licensed area may only be used for the approved purpose specified in the Electronic Booking Form and associated campaign information.

4.2 Condition

The licensed area is accepted on an "as-is" and "as-available" basis.

4.3 Compliance

The Licensee must comply at all times with:

  • This Agreement;
  • The Electronic Booking Form;
  • All venue, centre, property, or event rules;
  • All lawful directions of the Facilitator or Licensor.

4.4 No Warranty as to Licensed Area

To the maximum extent permitted by law, the Facilitator and the Licensor make no warranty, representation, or guarantee, whether express or implied, regarding:

  1. the condition, suitability, configuration, size, layout, or location of the Licensed Area;
  2. visibility, positioning, or proximity to foot traffic or other venues;
  3. availability of utilities, amenities, or shared facilities beyond those expressly stated in the Electronic Booking Form; or
  4. fitness of the Licensed Area for the Licensee's particular purpose.

The Licensee acknowledges that the Licensed Area is provided on an "as-is" and "as-available" basis and that no assurance is given that the Licensed Area will meet the Licensee's operational, commercial or physical requirements.

4.5 Relocation or Adjustment of Licensed Area

The Facilitator or Licensor may, acting reasonably, relocate, adjust, or substitute the Licensed Area where required for operational, safety, centre management, or compliance reasons.

Such relocation does not constitute a breach of this Agreement and does not entitle the Licensee to a refund or fee reduction.

4.6 Venue-Specific Documents & Compliance Materials

The Licensor may require the Licensee to review and acknowledge venue-specific rules, guidelines, or compliance documents uploaded to the Platform ("Venue Documents") as a condition of booking approval.

Venue Documents:

  1. apply only to operational, safety, and compliance matters relating to the Venue or Licensed Area;
  2. do not form part of this Agreement;
  3. do not vary, replace, or override any rights or obligations under this Agreement, the Bookers Agreement, the Terms & Conditions, or any applicable Schedule; and
  4. are enforceable only to the extent they are consistent with those documents.

In the event of any inconsistency, this Agreement prevails.

5. LICENSEE OBLIGATIONS

The Licensee must, at all times:

  • Operate professionally, responsibly, and safely;
  • Maintain cleanliness, presentation, and safety;
  • Comply with all applicable laws, regulations, and authority requirements in the jurisdiction of the licensed area;
  • Avoid nuisance, obstruction, interference, or reputational harm;
  • Provide accurate, current, and complete information;
  • Obtain and maintain all required permits, licences, and approvals;
  • Maintain insurance appropriate to the nature of the activation and jurisdiction;
  • Provide evidence of insurance upon request;
  • Comply with all documents, specifications, and instructions issued via the Platform.

6. FEES, TAXES & PAYMENTS

6.1 Deposits

The Licensor may require a non-refundable deposit, the amount and timing of which will be specified in the Electronic Booking Form. Unless otherwise stated in the Electronic Booking Form or applicable Regional Schedule, any deposit paid will be applied toward the total fees payable for the booking. Where a booking is cancelled or terminated, the treatment of the deposit is governed by this Agreement, the Electronic Booking Form, and any applicable Regional Schedule.

6.2 Licence Fees

The Licensee must pay all fees disclosed in the Electronic Booking Form, including venue-specific or ancillary charges.

6.3 Taxes

All fees exclude applicable taxes unless stated otherwise. The Licensee is responsible for all taxes arising from its use of the licensed area, except where required by law to be collected by the Facilitator.

6.4 Payment Terms

Payments must be made by the due date specified in the Electronic Booking Form or invoice and may be made at any time prior to that date.

Payments are processed through the anyspaces.com platform or via a third-party payment processor or other payment method approved by anyspaces.com from time to time.

Payment methods, any applicable processing fees or surcharges imposed by anyspaces.com, and related payment information are disclosed via the Platform.

Fees or charges imposed by third-party payment processors, financial institutions, or payment providers are outside the control of anyspaces.com and are the responsibility of the payer.

Payments may be applied against outstanding balances at the Facilitator's discretion.

6.5 Late Payments

If any payment is not received by the due date, without limiting any other rights or remedies available to the Facilitator or Licensor:

  1. interest may accrue on the overdue amount at the maximum rate permitted by law;
  2. administration, recovery, or enforcement fees may be charged;
  3. the Licensee may be denied access to the Licensed Area and prevented from commencing or continuing set-up, trading, or activation;
  4. the Facilitator or Licensor may suspend or terminate the licence and/or the Licensee's access to the Platform; and
  5. anyspaces.com may withhold approvals, confirmations, access credentials, or operational support until all outstanding amounts are paid in full.

Late payment does not waive any obligation to pay all amounts due, nor does it limit the Facilitator's or Licensor's rights under this Agreement, the Electronic Booking Form, or any applicable Regional Schedule.

7. Termination & Cancellation

7.1 The Licensor (Venue) or anyspaces.com may terminate a licence agreement:

  • in accordance with the termination rights set out in this Agreement;
  • immediately where the Licensee breaches, fails to comply with, or is reasonably suspected of breaching any obligation under this Agreement, the Electronic Booking Form, venue rules, or related platform agreements; or
  • where required by law or necessary to address safety, compliance, or operational risks.

Termination is effective upon written notice being issued via the anyspaces.com communication and messaging portal, unless otherwise specified.

Where termination occurs due to breach or non-compliance by the Licensee, the Licensee remains liable for all fees, charges, and other amounts in accordance with this Agreement, the Electronic Booking Form, and any applicable Regional Schedule, unless otherwise agreed in writing.

7.2 Termination or Cancellation by the Licensee (Booker)

If the Licensee wishes to terminate or cancel a licence agreement, the Licensee must submit a cancellation request using the designated process made available through the anyspaces.com platform.

Submission of a cancellation request:

  • does not automatically terminate the licence; and
  • constitutes a request for consideration by the Licensor (Venue).

The Licensor will review the request and provide written confirmation, instructions, or conditions via the anyspaces.com communication and messaging portal.

Unless otherwise agreed in writing, the Licensee remains liable for all fees and charges in accordance with this Agreement, the Electronic Booking Form, and any applicable Regional Schedule.

7.3 Effect of Termination or Expiry

Upon expiry or termination of a licence agreement, the Licensee must immediately:

  • vacate the Licensed Area;
  • remove all property, equipment, signage, and waste belonging to the Licensee;
  • return the Licensed Area to its original condition, fair wear and tear excepted;
  • pay for any damage caused to the Licensed Area or surrounding property; and
  • comply with all final directions issued by the Licensor or anyspaces.com.

Failure to comply may result in additional charges, continued accrual of fees, suspension or termination of platform access, and enforcement action in accordance with this Agreement.

7.4 Cancellation Procedures

All termination and cancellation requests must be submitted using the tools and processes provided through the anyspaces.com platform.

Procedural guidance, policies, or Help Centre materials explain how cancellation requests are submitted and managed but do not amend or override any contractual rights, liabilities, fees, or consequences set out in this Agreement, the Electronic Booking Form, or any applicable Regional Schedule.

7.5 Expiry, Holdover & Failure to Vacate

The licence granted under this Agreement automatically expires at the end of the Term specified in the Electronic Booking Form, without the need for notice.

The Licensee must vacate the Licensed Area and remove all property, equipment, signage, and materials immediately upon expiry or termination of the licence.

Failure to vacate the Licensed Area on or before expiry constitutes a material breach of this Agreement.

Where the Licensee remains in occupation after expiry or termination:

  1. no renewal, extension, or new licence is created or implied;
  2. the Licensee occupies the Licensed Area on a temporary, non-exclusive, revocable basis only;
  3. the Licensor and anyspaces.com may charge an overstay or holdover fee calculated on a daily basis at a rate equal to or greater than the daily licence fee last payable under the booking, as specified in the applicable Regional Schedule or Electronic Booking Form;
  4. the Licensee remains liable for all fees, charges, damages, and costs incurred as a result of the overstay, including removal, storage, security, cleaning, or repair costs; and
  5. the Licensor or anyspaces.com may immediately remove, store, or dispose of any property left on site at the Licensee's risk and expense.

Any continued occupation after expiry is subject to immediate termination at any time and does not confer any tenancy, lease, proprietary interest, or right of possession.

A new booking or licence will only arise where expressly approved in writing through the anyspaces.com platform and confirmed via a new Electronic Booking Form.

8. ASSIGNMENT

The Licensee must not assign, sub-license, or transfer this Agreement without prior written consent. The Facilitator and Licensor may assign or novate their rights at their discretion.

9. PREMISES RULES

The Licensee must comply with all premises rules and indemnifies the Facilitator and Licensor for any breach.

10. CONTROL & SECURITY

The Licensee is solely responsible for supervision, conduct, security, and control of its personnel, contractors, and invitees.

11. INSURANCE

The Licensee must maintain insurance coverage customary and commercially reasonable for similar activities in the jurisdiction of the licensed area.

12. RISK & INDEMNITY

All risk associated with use of the licensed area lies with the Licensee.

The Licensee indemnifies the Facilitator and Licensor against all claims, losses, damages, liabilities, and expenses arising from:

  • Use or occupation of the licensed area;
  • Breach of this Agreement;
  • Acts or omissions of the Licensee or its personnel.

13. OPERATING EXPENSES

The Licensee is responsible for all consumables, utilities, and operating expenses.

14. CONSEQUENCES OF DEFAULT

14.1 Consequences

Upon termination:

  • The licensed area must be vacated and restored;
  • Abandoned property may be treated as Licensor property;
  • Outstanding fees remain payable.
  • Termination due to breach, misuse, or non-compliance does not entitle the Licensee to any refund, credit, or offset, unless required by mandatory law.

14.2 Abandoned Property & Cost

Any costs incurred in removing, storing, or disposing of abandoned property may be recovered from the Licensee as a debt.

15. INTELLECTUAL PROPERTY & CONFIDENTIALITY

15.1 Ownership

All intellectual property in the Platform, including software, workflows, pricing logic, analytics, data structures, and commercial processes, remains the exclusive property of the Facilitator.

15.2 Restrictions

The Licensee must not:

  • Disclose confidential information;
  • Share platform data, access credentials, or internal information;
  • Disparage the Facilitator or Licensor.

15.3 Platform Misuse & Competitor Protection

The Licensee must not provide access to the Platform, booking information, pricing, availability, venue details, performance data, analytics, or commercial terms to any third party without express authorisation, including consultants, agents, or competitors.

Use of the Platform for competitive intelligence, data scraping, benchmarking, monitoring availability or pricing, or any purpose not directly related to a legitimate booking request is strictly prohibited and constitutes a material breach. This includes any attempt to analyse, model, replicate, reverse engineer, or derive the business processes, pricing logic, workflows, operational mechanics, or commercial model of the Platform for use outside the anyspaces.com ecosystem.

15.4 Marketing & Promotional Use

The Licensee grants the Facilitator a royalty-free, worldwide licence to photograph, record, and use images or recordings of the activation for marketing, promotional, and platform purposes.

16. WARRANTIES & LIABILITY

To the maximum extent permitted by law:

  • All implied warranties are excluded;
  • The Facilitator's liability is limited to fees paid by the Licensee in the preceding twelve (12) months;
  • Consequential, indirect, or economic losses are excluded.

Nothing in this Agreement excludes, restricts, or modifies any rights or remedies that cannot be excluded under applicable consumer protection laws. Where liability cannot be excluded, it is limited to the maximum extent permitted by law.

16.1 No Performance Guarantee or Commercial Outcome Guarantee

The Licensee acknowledges and agrees that neither the Facilitator nor the Licensor makes any representation, warranty, or guarantee regarding foot traffic, customer engagement, brand exposure, sales performance, conversion rates, revenue, profitability, or any other commercial or promotional outcome arising from the booking or use of the Licensed Area.

The Licensee further acknowledges that outcomes may be affected by factors beyond the control of the Facilitator or Licensor, including but not limited to weather conditions, venue operations, competing activations, tenant mix, consumer behaviour, and third-party activities, and that such factors do not give rise to any right of claim, refund, or adjustment.

17. PLATFORM USE & MONITORING

The Facilitator may monitor, audit, and analyse Platform activity.

Account sharing, competitor access, scraping, or misuse is prohibited.

The Facilitator may suspend or terminate access to the Platform with or without notice, and without liability, where it reasonably believes misuse, risk, or breach exists.

18. DISPUTE RESOLUTION & COMMUNICATION PROTOCOL

All disputes, issues, complaints, claims, or concerns arising out of or in connection with a booking, licence agreement, campaign, access, fees, cancellation, venue conduct, or platform use must be raised and managed exclusively through the anyspaces.com communication portal.

The Licensee must not seek to resolve booking-related disputes through off-platform communications, including direct contact with venue staff, centre management, property owners, or third parties, except where expressly directed by anyspaces.com.

Communications conducted outside the anyspaces.com platform:

  1. are not recognised for the purposes of dispute resolution;
  2. do not constitute notice;
  3. do not amend, waive, or vary any contractual rights or obligations; and
  4. may not be relied upon in any dispute, review, or enforcement process.

Failure to raise or manage disputes through the anyspaces.com communication portal may result in delayed resolution, rejection of claims, suspension of platform access, or enforcement action in accordance with this Agreement.

Nothing in this clause limits the right of anyspaces.com to escalate, intervene, or resolve disputes in accordance with the platform's policies, legal agreements, or applicable law.

19. COMMUNICATION STANDARDS

All communications via the Platform must be lawful and professional.

The Licensee is solely responsible for all content created or transmitted.

The Facilitator does not routinely monitor communications but may act where breaches occur.

20. NOTICES

Notices may be given electronically, personally, or by post.

21. GENERAL

Waivers do not affect future enforcement.
Severability applies.
Force majeure events excuse performance.
Surviving clauses remain effective post-termination.
Time is of the essence

APPENDIX A: SET-UP INFORMATION

The Licensee agrees to comply with the following specifications and/or obligations in relation to the campaign information (the set-up):

  1. The provision of the set-up is the sole responsibility of the Licensee.
  2. The final design and construction of the set-up are subject to the Facilitator's or Licensor's approval and/or the event organiser's. If any changes are required to be made to the set-up, then the Licensee shall carry these out, at its own cost, prior to the Commencement Date.
  3. Any alterations to the set-up are subject to the Facilitator's or Licensor's prior written approval.
  4. The set-up must be professionally branded with the Licensee's own trademarks and/or trade names and signs that the Facilitator or Licensor deems as professional.
  5. The set-up must be constructed of non-combustible materials. The Licensee may be requested to provide the Licensor with a copy of the said fire certificate prior to the Commencement Date. Should the Licensee fail to produce a valid fire certificate in accordance with this paragraph, then the Facilitator and Licensor reserve the right to terminate this Agreement and cancel the booking with immediate effect and claim (or retain) the full Licence Fees payable by the Licensee.
  6. The set-up must be in accordance with the dimensions advised to the Licensee by the Facilitator or Licensor in the Electronic Booking Form, but in any event, must not exceed the dimensions of the specified site.
  7. Any electrical work connected with the set-up shall comply with all applicable local electrical standards and be approved by an appropriately certified and qualified electrician. The Licensee may be requested to provide a certification from such an electrician verifying that status prior to the Commencement Date. Should the Licensee fail to produce such certification, then the Facilitator and Licensor reserve the right to terminate this Agreement and cancel the booking with immediate effect, and claim (or retain) the full Licence Fees payable by the Licensee.
  8. The Licensee agrees to staff the space at all times during the opening hours of the Venue, with suitably qualified and presentable personnel. The Licensee is permitted two personnel only to work at the space unless otherwise agreed in writing. Where the Licensee's personnel are not suitably attired and/or do not behave in a responsible manner, then the Facilitator or the Licensor reserves the right to expel the Licensee's personnel from the event. Licensee also acknowledges and accepts that the event organiser may also issue rules and guidelines that must be adhered to by all bookers, and the Licensee hereby agrees to abide by those rules and guidelines.
  9. Where the Licensee's set-up involves the sale, supply and/or promotion of food and/or drink, then the Licensee must also provide a certificate from the Department of Health or other appropriate local government authority in the appropriate form verifying that government standards are being met. Where the Licensee fails to produce such certification, then the Facilitator and the Licensor reserve the right to terminate this Agreement and cancel the booking with immediate effect, and claim (or retain) the full Licensee Fees payable by the Licensee.
  10. The Licensee also agrees to provide the Facilitator or Licensor with a suitable digital image of the Licensee's proposed set-up no less than three (3) days prior to the Commencement Date. Where the Facilitator or Licensor reasonably considers that the design of the Licensee's set-up is inappropriate for any reason, then the Licensee shall amend/alter their promotional trade set-up accordingly within one (1) day of such notice.
  11. Upon the expiration date of the Licence Agreement, the Licensee agrees to remove its set-up in accordance with the Facilitator's or Licensor's instructions and must ensure that the Licensed Area of the set-up is clean and returned to its original condition. Where the Licensee fails to do so, then the Licensee shall be liable to pay additional Licence Fees as advised by the Facilitator or Licensor.
  12. The Facilitator and Licensor reserve the right to amend the above specifications and/or obligations upon giving the Licensee reasonable notice.

Local Variations
Local or regional appendices may apply to specific jurisdictions. Where a local appendix applies, it overrides Appendix A only to the extent expressly stated.