Can this agreement be signed electronically?

Yes. Under the ESIGN Act (15 U.S.C. §7001) and state UETA statutes, electronic signatures are generally enforceable in interstate and intrastate transactions unless an exception applies. Verify that involved parties consent to electronic records and retain an audit trail.

Are notarization or witnesses required?

Most concession leases do not require notarization, but local practice varies. If the lease conveys a long-term real property interest or will be recorded, a notary or witness requirement may apply under state law; confirm with county recorder rules.

When should I record the lease?

Record only if the lease creates a conveyable interest in land or if priority notice is necessary. Recording rules and fees vary by county; unnecessary recording can increase costs and administrative burden.

How do I amend an executed lease?

Use a written amendment signed by all parties with the same formalities as the original agreement. For electronic amendments, ensure consent and preservation of the electronic audit trail to satisfy ESIGN/UETA requirements.

What if a signer lacks authority?

If a signer lacked corporate authority, the document may be voidable. Obtain a ratification, corporate resolution, or indemnity; involve counsel when authority is disputed.

Does using an eSignature platform meet HIPAA or other compliance needs?

Platforms can support HIPAA compliance when a Business Associate Agreement is executed and required technical controls are in place. Confirm the vendor provides a BAA and meets applicable regulatory standards before sending protected health information.

Electronic Signature
Templates
Real estate
Concession Lease Agreement

Concession Lease Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

CONCESSION LEASE AGREEMENT

This Concession Lease Agreement ("Agreement") is entered into as of by and between Landlord Name: ("Landlord") and Concessionaire Name: ("Concessionaire").

PROPERTY AND PREMISES

Property Address Parcel / APN Number Legal Description

TERM

Lease Term begins on and ends on unless earlier terminated in accordance with this Agreement. The parties may specify a renewal option: Renewal Term (months)

USE OF PREMISES

Concessionaire shall operate a concession business offering the following goods/services: . Use is limited to the Premises identified above and such common areas as may be expressly permitted by Landlord.

RENT, FEES AND PAYMENTS

Base Rent (monthly) Minimum Monthly Guarantee

Rent due on or before day of each month. Late payments shall incur a late charge equal to the greater of or of the overdue amount.

PERCENTAGE RENT

In addition to Base Rent, Concessionaire shall pay Percentage Rent equal to of Gross Receipts in excess of per month. Gross Receipts shall be computed in accordance with generally accepted accounting principles and subject to Landlord audit rights herein.

SECURITY DEPOSIT AND FEES

Security Deposit

Security deposit shall be held by Landlord as security for Concessionaire's performance and may be applied to unpaid rent, repairs, cleaning, and other costs upon default. If applied, Concessionaire shall replenish the deposit within days of notice.

UTILITIES, SERVICES AND MAINTENANCE

Responsibility for utilities and services: Landlord pays for electricity common areas Concessionaire pays utilities serving Premises

Concessionaire shall keep the Premises and any concession fixtures in good order and repair, ordinary wear and tear excepted. Concessionaire is responsible for routine cleaning and minor repairs. Structural repairs remain the responsibility of Landlord except where damage is caused by Concessionaire's acts or negligence.

IMPROVEMENTS, FIXTURES AND ALTERATIONS

Concessionaire shall not make structural alterations to the Premises without Landlord's prior written consent. Non-structural improvements and fixtures installed by Concessionaire shall remain Concessionaire's property unless otherwise agreed in writing. Any permitted permanent improvements shall be performed in a good and workmanlike manner and, unless otherwise agreed, shall become the property of Landlord at termination.

INSURANCE AND INDEMNITY

Commercial General Liability Limit

Concessionaire shall maintain workers' compensation, commercial general liability, and property insurance as required by Landlord and shall name Landlord as additional insured where applicable. Concessionaire shall provide certificates of insurance prior to commencement of the Term and upon renewal.

Concessionaire shall indemnify, defend and hold Landlord harmless from and against all claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with Concessionaire's use of the Premises, except to the extent caused by Landlord's gross negligence or willful misconduct.

COMPLIANCE, PERMITS AND HEALTH

Concessionaire shall obtain and maintain all required licenses, permits and health approvals necessary to operate the concession. Concessionaire shall comply with all applicable laws, ordinances, codes and health department requirements. Evidence of current permits must be provided to Landlord upon request.

TAXES AND ASSESSMENTS

Landlord shall be responsible for real property taxes and assessments. Concessionaire shall be responsible for personal property taxes and any business taxes attributable to Concessionaire's operations. If assessed directly to Landlord and paid by Landlord for Concessionaire's benefit, Concessionaire shall reimburse Landlord within 30 days of invoicing.

AUDIT, RECORDS AND REPORTING

Concessionaire shall keep accurate books and records of Gross Receipts. Landlord or its authorized representative may inspect and audit Concessionaire's books relating to Gross Receipts upon reasonable notice during normal business hours. Concessionaire shall retain records for a period of years.

DEFAULT AND REMEDIES

If either party defaults in the performance of any covenant or obligation under this Agreement, the non-defaulting party shall give written notice specifying the default. Concessionaire shall have days to cure monetary defaults and days to cure non-monetary defaults, unless a different period is required by law. If not cured within the applicable period, the non-defaulting party may pursue all remedies available at law or in equity, including termination and recovery of damages.

ASSIGNMENT AND SUBLETTING

Concessionaire shall not assign this Agreement or sublet the Premises without Landlord's prior written consent, which shall not be unreasonably withheld for transfers to qualified operators. Any attempted assignment or sublease without consent shall be voidable by Landlord.

TERMINATION AND SURRENDER

Upon termination or expiration, Concessionaire shall surrender the Premises in broom-clean condition, remove its personal property and repair damage caused by removal. Any trade fixtures left without Landlord's written consent may be retained by Landlord as abandoned, subject to applicable law.

GOVERNING LAW; ENTIRE AGREEMENT

This Agreement shall be governed by the laws of the state where the Premises are located. This Agreement, together with any written exhibits or addenda signed by the parties, constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements with respect to the subject matter hereof.

DISCLOSURES

Lead-based paint disclosure applicable to structures built before 1978: Yes No

Known prior water damage or mold in Premises: Yes No

Material structural damage previously repaired: Yes No

NOTICES

Landlord Notice Address Concessionaire Notice Address

MISCELLANEOUS

If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. No waiver of any breach shall constitute a waiver of any other or subsequent breach. Time is of the essence as to all monetary obligations.

ADDITIONAL TERMS / EXHIBITS

Additional Terms

Landlord Printed Name:

By:

Date:

Concessionaire Printed Name:

By:

Date:

What a Concession Lease Agreement Covers

A Concession Lease Agreement is a written contract that grants a concessionaire the right to operate a business or provide services on another party's property for a defined term. Typical elements include the parties' identities, a precise description of the leased space, permitted uses and operational restrictions, rent or royalty formulas, term and renewal terms, maintenance and utilities responsibilities, insurance and indemnity requirements, and compliance with applicable laws. In the U.S. context these agreements allocate revenue and operational risk between the property owner and the operator.

Why a Clear Concession Lease Agreement Matters

A well-drafted concession lease clarifies revenue sharing, operational scope, and maintenance responsibilities, reducing disputes and protecting both parties' financial interests. It also documents required insurance, compliance expectations, and default remedies to support enforceability if disagreements arise.

Who Typically Prepares and Signs These Agreements

Several stakeholder types commonly draft or sign concession leases depending on venue, ownership, and operations.

Municipalities and venue owners managing public property or concessions on transit hubs.
Commercial property owners, developers, and stadium or airport operators leasing retail or food-service space.
Concessionaires, vendors, or franchise operators providing services under a revenue-sharing or fixed-rent model.

Parties often use counsel and property managers to negotiate terms; corporate signatories must confirm authority before execution.

Core Components of a Professional Agreement

A complete concession lease includes clauses that define rights, duties, and remedies so each party understands performance expectations and liability exposure.

Parties

Identify full legal names and business entity types for landlord and concessionaire, including any operating trade names and state of formation.

Premises

Describe the precise location, square footage, boundaries, access points, and any exclusive or shared service areas attached to the concession space.

Term & Renewal

Specify the initial term, renewal options, notice windows, and how holdover occupancy is treated, including automatic renewal conditions if any.

Rent & Royalties

Set base rent, percentage rent or hybrid formulas, escalations, reporting cadence, audit rights, and late-payment remedies.

Operations

Define permitted uses, hours of operation, staffing, maintenance obligations, utilities allocation, signage, and health or safety standards.

Insurance & Liability

State required insurance types and limits, indemnities, loss allocation, and procedures for claims and certificates of insurance.

Step-by-Step: Preparing and Finalizing the Lease

Follow a clear sequence from data collection through execution to reduce errors and speed turnaround.

01

Gather Documents: Collect IDs, entity formation documents, insurance certificates.
02

Draft Terms: Populate templates with negotiated business terms and exhibits.
03

Legal Review: Have counsel confirm compliance and authorization.
04

Execute: Obtain signatures, notarize if required, distribute executed copies.

Where to Send or Record the Executed Agreement

Routing depends on property interest and local practice; some leases are recorded, most are retained by parties and insurers.

Landlord Records: Keep executed originals in owner files and property management systems.
Concessionaire Records: Store executed copies with corporate contracts and insurance proof.
Recording: Record only if lease creates a long-term property interest; check county recorder requirements.
Insurance Carrier: Send certificate of insurance to landlord and insurer contact.

Delivery and eSigning Considerations

Use secure document platforms that support audit trails and preserve an evidentiary record of signing and distribution.

File Formats: PDF, DOCX accepted
Integrations: Salesforce, NetSuite, Microsoft 365
Authentication: Email link, SMS code, or stronger

Confirm the chosen platform meets applicable security and legal requirements and that signatories consent to electronic records under ESIGN and UETA.

Customizing an Online Workflow

Set up fields, authentication, and notifications before sending to ensure accurate signing and automated routing.

Field	Configuration
Template	Create reusable template with standard clauses
Authentication	Choose email, SMS, or KBA per risk level
Conditional Fields	Show fields only when applicable to signer role
Notifications	Set reminders and completion confirmations

eSignature Pricing and Feature Comparison

Comparison of common price points and capabilities for signing and distribution platforms; signNow is listed first per standard vendor ordering.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Varies	Varies
Bulk Send	Yes (tiered)	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Key Risks If the Agreement Is Incorrect

Unenforceable Lease: Missing authority or essential terms

Security Deposit Violations: Improper handling triggers penalties

Unauthorized Assignment: Transfers may breach lease conditions

Insurance Lapse: Claims exposure and indemnity gaps

Tax Liability: Misreported rent may cause tax issues

Recording Errors: Loss of priority or notice problems

Common Preparation Mistakes to Avoid

Using vague premises descriptions that create ambiguity over what space is included and who maintains shared areas, leading to disputes.
Failing to specify clear revenue reporting and audit rights for percentage-based rent, causing conflicts during reconciliations.
Omitting explicit insurance limits and certificate-holder requirements, which can leave one party exposed to uninsured claims.
Not confirming the signatory's authority or obtaining corporate resolutions, which can render agreements voidable or unenforceable.

Security and Compliance Controls for Electronic Execution

Encryption: TLS 1.2/1.3; AES-256 at rest

Certifications: ISO 27001 and SOC 2 Type II

HIPAA BAA: Available where required

eSignature Law: ESIGN and UETA compliant

21 CFR Part 11: Supported on qualifying plans

Audit Trail: Tamper-evident logs and timestamps

Practical Tips for Accurate and Efficient Completion

Implement controls and review steps to reduce execution time and downstream disputes.

Define Permitted Uses Clearly

Draft an explicit list of permitted activities and prohibited uses, including hours and event exceptions. This minimizes operational disputes and helps enforcement when the concessionaire deviates from agreed activities.

Set Measurable Performance Standards

Include KPIs, sales reporting cadence, and remedies for underperformance. Measurable standards reduce ambiguity and provide objective grounds for enforcement or termination.

Require Proof of Insurance

Specify insurance types, minimum limits, and certificate-holder naming. Require 30-day notice of cancellation and confirm carriers before occupancy to avoid coverage gaps.

Preserve Auditability

Keep executed originals and maintain a clear audit trail for sales reports and rent calculations. Consistent recordkeeping supports dispute resolution and compliance with tax obligations.

How Others Use Concession Leases

Real-world examples show practical setups for venue operators and property managers.

Martin Properties

Tim Martin used online execution for multiple concession agreements to speed turnaround and compliance checks.

Example involved food-service concessions at community centers.
The approach centralized insurance verification and produced complete audit trails that reduced administrative follow-ups and improved occupancy reporting for property management.

Optica Ventures LLC

Brian Fitzgibbons standardized templates for kiosks and pop-up retail concessions.

Templates included clear renewal notice windows.
Standardization reduced drafting time, eliminated common errors around premises descriptions, and simplified onboarding for new concessionaires.

Who Has Authority to Sign

Property Owner — Officer

A corporate officer or property manager with delegated authority typically signs for the landlord; if the owner is a legal entity, attach board resolution or written delegation confirming the signer's authority to bind the entity.

Concessionaire — Authorized Rep

The concessionaire's authorized officer or manager signs on behalf of the operating entity; when an individual signs for a business, include proof of signing authority or a corporate resolution to avoid later challenges.

Key Milestones in the Lease Lifecycle

Track milestones from negotiation through renewal to ensure timely actions and avoid unintended holdovers.

01

Negotiation Complete

Parties finalize terms and initial exhibits

02

Execution

All authorized signatories sign and date

03

Commencement

Concessionaire begins operations under lease

04

Renewal Notice

Party gives notice within stated window

Common Questions About Concession Lease Agreements

Answers to frequent questions about signing, enforceability, recording, and amendment procedures for concession leases.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Under the ESIGN Act (15 U.S.C. §7001) and state UETA statutes, electronic signatures are generally enforceable in interstate and intrastate transactions unless an exception applies. Verify that involved parties consent to electronic records and retain an audit trail.
Are notarization or witnesses required?
Most concession leases do not require notarization, but local practice varies. If the lease conveys a long-term real property interest or will be recorded, a notary or witness requirement may apply under state law; confirm with county recorder rules.
When should I record the lease?
Record only if the lease creates a conveyable interest in land or if priority notice is necessary. Recording rules and fees vary by county; unnecessary recording can increase costs and administrative burden.
How do I amend an executed lease?
Use a written amendment signed by all parties with the same formalities as the original agreement. For electronic amendments, ensure consent and preservation of the electronic audit trail to satisfy ESIGN/UETA requirements.
What if a signer lacks authority?
If a signer lacked corporate authority, the document may be voidable. Obtain a ratification, corporate resolution, or indemnity; involve counsel when authority is disputed.
Does using an eSignature platform meet HIPAA or other compliance needs?
Platforms can support HIPAA compliance when a Business Associate Agreement is executed and required technical controls are in place. Confirm the vendor provides a BAA and meets applicable regulatory standards before sending protected health information.

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