Retail Marketing in the Common Areas of an Enclosed Regional Mall

Often, in enclosed mall settings, a tenant will want the right to perform various marketing services, including, but not limited to, handing out coupons, handing out samples of its product, distributing surveys, distributing brand-name items, or having mascots or other branded costumed employees greet or talk with customers in the shopping center. These types of marketing efforts can have a beneficial effect both on the tenant's business and upon its ability to pay the landlord a percentage of sales from the tenant's business operation. However, the landlord and the tenant should arrive at certain understandings concerning the business operations of the tenant in the common areas, so as to avoid situations that may affect the overall operation of the enclosed regional mall. This article addresses those issues that should be addressed by the landlord and the tenant during their lease negotiation, in order to avoid unwanted circumstances at the shopping center.