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Lease agreement for advertising space on the facade of the building. Lease agreement advertising on the facade of the building Sublease agreement of an advertising structure sample

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

Otherwise, the agreement may simply be invalidated in full, in part. It is best to work through such a moment in advance.

Separately, it will be necessary to analyze the essential conditions. Often, the compilation takes place according to a standard pattern. A lease agreement implements a number of different tasks at the same time.

The necessary information

But in this case, it is necessary to account for the profit received. That is why it is required 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.

Accommodation is often carried out in a shopping center. In fact, the accommodation object 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 advertising materials, as well as renewal.

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

Main concepts

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

First of all, it is worth working out the issue of the place of lease. All the subtleties of drawing up a contract of this type are indicated in the Civil Code of the Russian Federation.

It is important to distinguish between a lease and a lease agreement. The latter implies a ransom after the expiration of the agreement.

The main terms that are used 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 is indicated. Today, there are many different subtleties directly related to the legal status of the parties. This means who exactly carries out the lease process itself - individuals, 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 the rest of various kinds, similar to those in functions. A lease agreement simultaneously solves a fairly extensive list of various tasks. It is best to familiarize yourself with all of them in advance. Since compliance with the law depends on it
"Advertising area"	It is the property, any surface that is leased for the placement of information materials. This can be a 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 process of drawing up a contract itself 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 the advertising space is also necessarily indicated in the agreement. If this is not done, then the likelihood of all kinds of controversial situations is high.
Duties of the parties	A special clause that must be present in the agreement

For what purpose is created

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

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).

And also 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 makes it possible to obtain information on profit;
simplifies the process of protecting one's 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 an advertising space on the facade of the building from the HOA.

An important point is just the question of who exactly will be the owner of the property that will be leased out.

Legal framework

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

It is this regulatory document that regulates the drafting of the appropriate type of agreement.

The basic sections that will need to be worked out without fail and in advance include the following:

A lease agreement, like all other types of agreements, has a certain duration. You should also distinguish a lease agreement for property 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 such are also determined. Also, do not confuse a lease agreement with a property lease agreement.

Video: lease agreement. Essential conditions

The latter implies, at the time of its expiration, the redemption of property. The lease agreement for advertising space for a banner implies the use of a lease agreement. No alternatives have been identified.

Typical lease agreement for advertising space

All actions regarding the lease have their own distinctive features. That is why, in the absence of experience, it is imperative to prepare theoretically. You can use the form of a lease agreement for an advertising space.

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

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

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

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

Do I need to register an agreement

The issue 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 means an agreement with a duration of more than 12 months. Under the short term - less than this time period.

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

Where can you advertise

Separately, it should be noted 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

Placing on the facade of a building often does not 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 passage of the room is large enough. There may be problems with the tax office.

On the fence

Natural persons also often earn in this way. For example, if a private area fenced with a fence is located near the roadway with high traffic. For individuals, it is not always necessary to draw up a contract.

In the bus

Responsibility of the parties

parties are regulated by two documents at once:

lease agreement;
The Civil Code of the Russian Federation.

What the sample looks like

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

If from a private person

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

Arbitrage practice

Advertising can be stationary and temporary. It differs in how quickly and reliably it is mounted. For example, a billboard and banner on a house is a stationary advertisement. A bicycle with a sign "Coffee shop 50 meters" by the post is 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 Law on Advertising.

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

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

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

For the issuance of a permit, you will pay a fee of 5,000 rubles for one advertising space. These are all payments to the budget: if a representative of the government 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 the local practice on the city's official website so you know what you need to submit along with your application and receipt for the payment of the fee.

2. Agree on advertising placement

Layout, technical requirements, cost of advertising placement - it all depends on the site. This can be a commercial building, an apartment building, a municipal building, an advertising stand. Your task is to find who owns the site and negotiate placement with him.

It makes no sense to look for who owns a road sign, a repair fence, a technical city building - it is prohibited to place advertisements there. For violation, city authorities issue fines, force to dismantle and repair damaged buildings.

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

On your own home

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

On commercial real estate

If the coffee shop is located in a business center or in a 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 to place advertisements.

An advertising structure rental agreement is concluded for a period of 5 to 10 years, depending on local legislation. The right to place advertising is confirmed by an advertising space lease agreement. 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 sub-tenants. When you sublease an 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 be present in person and to oversee the meeting. Bring three topics to the agenda:

Is it possible to place an advertisement on the roof or wall of a 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 ready to advertise. If you pay to advertise to tenants, determine where and how you pay, who accepts payment, who signs invoices and deeds.

Accommodation conditions include discounts on coffee, providing loyalty cards, commitments to renovate the premises for a coffee shop, or poison rats in the basement. How to agree.

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

If you are a sub-tenant in an apartment building with a coffee shop on the ground floor, ask the landlord about outdoor advertising. Most likely, he was already holding a meeting when he rented the premises and received permission to place advertisements. In this case, you just need to agree with the landlord.

On urban real estate

Urban real estate, in other words, municipal property - these 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 will not mix it up: outdoor advertisements on municipal buildings are monitored.

Outdoor advertising on municipal buildings is subject to auction or competition and is subject to local laws. If you want to rent a municipal advertising space, read the auction procedure and participation rules on the official website of your city.

For a novice coffee shop, collecting a full package of documents and funds for an auction can be a daunting task. But we do not recommend placing outdoor advertising on city property without permission either: this is the first thing that local authorities control from outdoor advertising.

The municipality rents out some of the buildings and advertising spaces. For example, the first floors of the House of Culture were given over to a contractor. Then the coffee house in this house of culture becomes a sub-tenant and does not participate in the auction, since the landlord has already won it. It is necessary to negotiate advertising with him. Check his ad rights.

On several buildings

If the banner hangs on two buildings as planned, negotiate with two ad space owners. How many owners of advertising space are involved in the placement of advertising, so many contracts.

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

Placement on objects intended for advertising is just as convenient as in shopping centers: this is a business for the owners, technical requirements are described, contract templates have been 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 a city billboard instead of a fence, there would be no problems. Or it would be a problem not for the owner of the coffee shop, but for the owner of the advertising space.

On the asphalt

Since 2013, no inscriptions can be made on asphalt and other road surfaces. Putting inscriptions and graffiti on roads is considered an administrative offense. For cities and regions of Russia, the amount of the fine is determined by the local authorities, read the "Code of Administrative Offenses" of your city.

In Moscow, a fine is from 3 to 5 thousand rubles for individuals and individual entrepreneurs, from 50 to 150 thousand rubles for an LLC.

In practice, if an entrepreneur is not caught on the spot with a can of paint, he will not be punished. Therefore, many people paint ads on the asphalt, observing two precautions: stay away from the cameras and windows of grandmothers, do not use the logo and name of the coffee shop. Instead, they draw, for example, a path from coffee cups or beans from the flow of people 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 enter into contracts and in case of problems with a contractor, the court will not help you.

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

At the monument

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

In other cases, it is impossible. Especially it is impossible to do it arbitrarily, since you will be fined for posting advertisements without permission and for damaging monuments of national importance.

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

If you see a "Protected by the State" sign on your house, do not 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 its task. As a result, you should have both the specification and the ad layout that fit the specification. Don't forget to match the requirements from the ad slot owner with what the contractor did, just in case.

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

Not to be mistaken, ask colleagues at other coffee shops what they put on the ad, or the municipality what they want to see as technical descriptions.

4. Consider your ad message

Requirements for the content of advertising are regulated. Here's a short one:
- do not play on the contrasts between your cool coffee and competitors' drinks. A sad guy with a MacCafé and a cheerful guy with your glass on the same banner is prohibited as unfair competition;
- avoid advertising similarities with road signs, it is dangerous for traffic, it is prohibited. Please do not confuse the logo of the coffee house in the form of a road sign with the road sign "Cafe" - these are installed by Rosavtodor and branches, they can;
- be careful with puns and pictures. Vigilant citizens will see anything in an advertising poster - for example, an appeal to drink American-style coffee, not native chicory, and write a complaint against you to the prosecutor's office. Therefore, if you want to play on the juxtaposition of "American" and "Rusiano", hire a lawyer;
- and no erotica with coffee pots and cups in advertising, if you do not want to receive an age category for it.

The key to a successful advertising message is fair advertising, adherence to the Constitution and industry laws. Don't fool visitors or offend your 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. Submit documents for permission

Collect in one package of documents:
- statement,
- receipt for state duty,
- a technical specification for an advertising structure from the lessor or written by you,
- advertising layout without violations of the Advertising Law,
- 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 ad agency that will do the ad. It manufactures and mounts it in the advertising space. Be sure to ensure that outdoor advertisements are placed securely: if the billboard falls, it could injure a passer-by. It is the job of an advertising agency to monitor the quality of editing, but if advertising falls, residents will think about the coffee shop, not the agency. Therefore, it is better to check again.

Your task at this stage is to make sure that the final ad is the same as on the layout. Otherwise, you may fall under the sanctions of the regulatory authorities, which will force you to redo or dismantle the advertisement due to the differences between the agreed layout in the application and the ready-made advertisement in the city.

6. Remove ads

The main thing is on time and safely. Security depends on the design where the advertisement was hung. For example, if the advertisement was on a billboard, you don't need to climb it without insurance. As a rule, it is dismantled by the same company that hanged it, 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 hangs and a year after dismantling.

What happens if you post ads without permission

Legal placement of outdoor advertising scares many cafe owners even on paper. They do it differently: they pay the inspectors every month, do not place outdoor advertisements, and get by with signs. How to advertise is an entrepreneur's choice. This is a section on 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 FAS, they have the right to revise the issued permission and cancel it ,. And vigilant residents write complaints to the housing and communal services, the prefecture and the police. In this case, an unscheduled check comes from the FAS and ATI.

For illegal outdoor advertising, a businessman receives fines and orders for dismantling. If you also violated the Advertising Law, you may receive lawsuits from dissatisfied consumers for non-conformity of advertising and goods, or from competitors for unfair competition.

Going out without permission or in violation of technical requirements:

+ compensation for health or property if the advertisement fell

Going out without permission and with inaccurate information:

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

Going out without permission and exposing competitors' products:

FAS and ATI employees record errors and issue instructions that you must fulfill or challenge in court. You can fulfill the inspection requirement and dismantle the advertisement right away. The obligation to remove incorrect advertisements comes only by order of the court. A month is given for dismantling, if you don't, 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 posted ads legally, you can challenge the actions of the authorities in arbitration within three months.

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Contract

LLC "Ivanov", represented by Director Ivanov I.I., acting on the basis of the Charter, hereinafter referred to as the "Lessor", on the one hand, and LLC "Petrov", represented by Director P.P. Petrov, acting on the basis of the Charter, hereinafter referred to as the "Lessee", on the other hand, jointly referred to as the Parties, have entered into this agreement as follows.

1. The Subject of the Agreement

2. Term of the contract

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 by agreement

3.1. The rent under this Agreement is 2,000 (two thousand) rubles with 18% VAT, namely 360 rubles per month.

3.2. Payment is made by transferring funds in the amount specified in clause 3.1 of the Agreement to the Lessor's current account or by depositing cash by the Lessee in the Lessor's cashier or in another way not prohibited by law no later than the 3rd day of the month following the settlement.

4. Rights and obligations of the Parties.

4.1. The lessor 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.

4.2. The tenant is obliged:

4.2.3. Pay rent under the Agreement in the amount and within the terms established by the Agreement.

4.3. The landlord has the right:

4.4. The tenant has the right:

4.4.1. At any time, terminate the Agreement by notifying the Lessor in writing about this one month in advance.

4.4.2. The Lessee enjoys the preemptive right to renew the Lease Agreement for a new term, as well as to conclude a new lease agreement.

5. Responsibility of the parties, force majeure, dispute resolution

5.1. In case of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

5.3. Neither Party shall be liable to the other Party for non-fulfillment or improper fulfillment of obligations if it proves that proper fulfillment was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions that could not have been foreseen or avoided.

5.4. A party that cannot fulfill its obligations due to the occurrence of the circumstances specified in clause 7.1. Must notify the other party about these circumstances and their impact on the fulfillment of obligations under this Agreement.

5.5. All disputes under this agreement are submitted for final resolution to the Arbitration Institute at the Chamber of Commerce and Industry of the Samara Region.

6. Final provisions

6.1. The agreement can be terminated or changed at any time by mutual agreement of the Parties, drawn up in the form of an additional agreement.

6.2. The Lessee has the preemptive right to renew the Lease. If, one month before the expiration of the Agreement, none of the Parties declares its intention to terminate it, the Agreement shall be deemed concluded for an indefinite period.

6.3. This Agreement is drawn up and signed in two copies, both copies have equal legal force.

7. Addresses and details of the parties

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

lease agreement;
The Civil Code of the Russian Federation.

What the sample looks like If you have no experience, it is worth using the 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. Judicial practice Case No. 33-902 / 2017. For 5 years, the lessee had to pay the lessor 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 the rental of equipment.

Lease agreement for advertising space on the facade of the building

The main criterion is the nature of the relationship between the parties 1) The fact that a contract for the provision of services has been concluded may be evidenced by 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. F04-1674 / 2009 ( 2905-A70-16) in case No. A70-4551 / 2008, Resolution of the FAS of the Volga District of 10/16/2012 in case No. A65-8347 / 2012, Resolution of the FAS of the Moscow District of 15.03.2013 in case No. A40-80403 / 12-53 -750)
The Contractor independently places the customer's advertising materials on his advertising structure (Decision of the Perm Arbitration Court dated March 18, 2013 No.

Advertising space lease agreement

The lease agreement for an advertising space on the facade of the building No. g. " hereinafter referred to as the "Parties" have entered into this agreement, hereinafter referred to as the "Agreement", on the following: 1. SUBJECT OF THE CONTRACT 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 the address:, square meters, 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 basis of the right of private ownership in accordance with the Certificate of State Registration of Rights dated "" year series, No., registration record in the Unified State Register of Rights to Real Estate and Transactions with It, No. from "" of the year. 1.3.

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

When concluding an agreement on the placement of outdoor advertising on a building, one may come across a 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 either as unnamed, with the provisions of the lease agreement applied to them, or as contracts for the provision of services for a fee, depending on how the subject of the contract is formulated. An agreement on the placement of outdoor advertising on a building, qualified as an unnamed one, is more stable, since, unless otherwise expressly established in it, neither of the parties has the right to refuse to execute it unilaterally and out of court.
Accordingly, the parties to such an agreement can be more confident in the long-term relationship of their relationship, which is of particular importance for the person whose advertising materials are placed on the building.

How to draw up a lease agreement for an advertising space in 2018

Attention

It is understood who exactly carries out the lease process itself - individuals, legal entities, individual entrepreneurs. The document “lease agreement” is understood as a special agreement, within the framework of which the registration process is carried out. Moreover, it is important to distinguish this type of contract from the rest of various kinds, similar to those in functions.

Important

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

Raa's law

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

Info

It is best to work through such a moment in advance. Separately, it will be necessary to analyze the essential conditions.

Often, the compilation takes place according to a standard pattern. A lease agreement implements a number of different tasks at the same time. Necessary information Every day the need for advertising is increasing more and more.

Clause in the lease agreement on the responsibility for placing advertising on the facade

Pay rent under the Agreement in the amount and within the terms established by the Agreement. 5.1.4. Inform the Lessor in writing no later than days in advance about the forthcoming 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 Lessor's representatives about the signs of the Object's emergency state. 6. RIGHTS OF THE LESSOR 6.1. The lessor has the right to: 6.1.1. Carry out repair and restoration work that may affect the location or appearance of the 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 Landlord must ensure that its employees do not damage the rented Object, and also cause as little inconvenience as possible by their actions.

How to formulate the term of the agreement on the subject so that it is recognized by the court as unnamed, to which the provisions on 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 the possession and use of the customer for placing an advertising structure on it with the customer's advertising materials;
The contractor provides the customer with the opportunity / right to place an advertising structure with advertising materials of the customer on a structural element (part of the facade, roof) of the building.

II. When does a contract for the placement of outdoor advertising on a building qualify 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, which caused damage to the other Party by non-fulfillment or improper fulfillment of its obligations under the Agreement, is obliged to pay the other Party a fine in the amount of rubles.

9.3. In case of non-compliance with the obligations stipulated in the Agreement, the guilty Party bears full financial responsibility 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 his failure to take necessary and timely measures, comes into an emergency state or undergoes partial or complete destruction, then the Lessor shall restore it on his own at his own expense or compensate the Lessee for the damage caused in full in accordance with the procedure established by law. 9.5.

Lease agreement placement of advertising on the facade of the building

F from 03.11.2015 N 305-ES15-6784);

Since the fee for canceling the contract does not have the character of a sanction for violation of an obligation, the application of Art. 333 of the Civil Code of the Russian Federation is unacceptable (Resolution 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 of the Supreme Court of the Russian Federation of November 22, 2016 N 54 "On some issues of the application of general provisions of the Civil Code of the Russian Federation on obligations and their implementation");
A contract 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 a thing 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:

Under the terms of the contract, the customer uses the structural part of the building and independently places the 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. 66 "Review of the practice of resolving disputes related to rent" (clause 1.), Resolution 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 over the rights of owners of premises to the common property of a building" (clause 7), Decision of the Arbitration Court of the Novosibirsk Region dated 07.06.2016 in case No. A45-12840 / 2015 , Resolution of the Arbitration Court of the Moscow District of March 25, 2016 No. F05-2741 / 2016 in case No. A40-39653 / 2015, Resolution of the AC of the Volgo-Vyatka District of July 15, 2016 in case No. A43-17436 / 2015).

2.
All aspects of this are reflected in §2. The main points associated with such are also determined. Also, do not confuse a lease agreement with a property lease agreement. The latter implies, at the time of its expiration, the redemption of property. The lease agreement for advertising space for a banner implies the use of a lease agreement. No alternatives have been identified. Typical lease agreement for advertising space All actions regarding a lease agreement have their own distinctive features. That is why, in the absence of experience, it is imperative to prepare theoretically. The advertising space lease agreement form can be downloaded here. This concerns, first of all, a number of specific issues.