Fillable Printable Standard Loan Agreement for Temporary Exhibitions
Fillable Printable Standard Loan Agreement for Temporary Exhibitions
Standard Loan Agreement for Temporary Exhibitions
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
1
Loan Agreement
This Loan Agreement complies with national and international standards of ethics
including the ICOM Code of Ethics and the UNESCO Convention on the Means of
Prohibiting and Preventing Illicit Import, Export und Transfer of Cultural Property.
It is made and entered into on the attached Loan Conditions by
Lender’s name:
Address:
and
Borrower’s name:
Address:
a) Exhibition
Title:
Dates:
Tour venues:
(with dates)
b) Duration of Loan(s)
Dates:
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
2
c) Loan(s)
Artist / Place of origin:
Title / Description:
Date:
Material and technique:
Dimensions:
(with/without frame) in cms
Inventory Number:
Credit Line:
(see attached list of loans)
d) Insurance
Insurance value O to be covered by _____________________ indemnity
(insert name of state/country)
O insurance to be taken out by Borrower
O insurance to be taken out by Lender
e) Costs
Insurance premium:
(if covered by Lender)
Administration costs:
Framing/Glazing/Preparation:
Other costs:
f) Special requirements
(packing and shipping, couriers, barriers, stanchions, etc.)
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
3
g) Pick up and return address
h) Contact person(s):
Name:
Telephone:
Fax:
Email:
Lending institution: Borrowing institution:
Date: Date:
Lender’s signature: Borrower’s signature:
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
4
Loan Conditions
General conditions
Version A
The Lender lends the work(s) listed on the loan agreement (or the attachment to the loan
agreement). The loans may be used for the purpose and duration mentioned in this loan
agreement only. They are to be returned to the Lender at the end of the exhibition without
delay and special request.
The Loan Conditions also apply for the duration of the whole exhibition tour.
(or)
The Loan Conditions apply for the __________________ (insert name of city/town) venue
of the exhibition tour only.
The Borrower has to bear all costs of this (these) loan(s). He is not entitled to lend the
work(s) to third parties.
Version B
The Lender lends the work(s) listed on the loan agreement (the attachment to the loan
agreement). The loans may be used for the purpose and the duration mentioned in the loan
agreement only. The loans are to be returned to the Lender at the end of the exhibition
without delay and special request. If the Borrower is in breach of any of the terms of the
agreement the Lender may annul the contract at once without formality, send for the
objects at the expense of the Borrower and, if necessary, claim compensation.
The Loan Conditions also apply for the duration of a possible exhibition tour.
or
The Loan Conditions apply for the __________________ (insert name of city/town) venue
of the exhibition tour only.
The Borrower must bear all costs of this (these) loan(s). He is not entitled to lend the
work(s) to third parties. He may neither alter nor photograph, copy or restore the objects
unless given permission by the Lender in writing. He undertakes to exhibit or store the
objects with due care according to the conditions of the Lender. Special conditions of care
are agreed upon separately if required.
The Lender and Borrower undertake to treat with confidentiality any contracts made with
each other or with any Third Party relating to the Loan Agreement.
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
5
Costs
Costs in connection with the loan(s) as agreed between Lender and Borrower shall be borne by the
Borrower, as for example:
- handling/ loan fee
- restoration costs
- glazing, framing, preparation etc.
- photography
- insurance
- packing
- transports
-
other costs: _________________________________
All costs related to the loan(s) shall be confirmed in advance. Neither party to this agreement has
the right to make any financial or other commitments on behalf of the other party without previous
agreement.
Liability
Version A (Borrower’s indemnity)
Valuation of the loan(s) is made by the Lender and agreed by the Borrower.
The loan(s) shall be covered by the Borrower’s State/Government Indemnity on a nail to
nail basis against all risks, including transit, with the usual standard exclusions such as
wear and tear, inherent vice, damage through cleaning and restoration work, war-like
action and atomic energy. The Certificate of Indemnity (and the insurance certificate if
applicable) naming the Lender as the beneficiary, shall be presented to the Lender by the
Borrower in advance of initiation of transport procedures. Should the indemnity documents
not conform to the required risk cover the Lender has the right to withhold transferring the
loan(s) until they are rectified accordingly by the Borrower. In the case of loss or damage
the Lender must be informed immediately.
Should the indemnity not cover the complete agreed value the Borrower agrees to insure
the remaining amount under a commercial insurance policy.
Version B (Borrower’s indemnity)
Valuation of the loan(s) is made by the Lender and agreed by the Borrower.
The loan(s) shall be covered by the Borrower’s State/Government Indemnity on a nail to
nail basis against all risks, including transit, with the usual standard exclusions such as
wear and tear, inherent vice, damage through cleaning and restoration work, war-like
action and atomic energy. The Certificate of Indemnity (and the insurance certificate if
applicable) naming the Lender as the beneficiary, shall be presented to the Lender by the
Borrower in advance to initiation of transport procedures. Should the indemnity documents
not conform to the required risk cover the Lender has the right to withhold transferring the
loan(s) until they are rectified accordingly by the Borrower.
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
6
The indemnity must include coverage against all risk of physical loss or damage from any
cause, whilst in transit and on location in the gallery, with the value stated in Euros and the
standard exclusions only. Valuation of the loan(s) is made by the Lender and agreed by the
Borrower. This is an Agreed Value and cannot be disputed in the case of damages.
Should the indemnity not cover the complete agreed value the Borrower agrees to insure
the remaining amount under a commercial insurance policy.
In the case of loss or damage the Lender must be notified immediately. The damage must
be recorded in a condition report accompanied by photographs and sent to the Lender
within 3 days. The Borrower will cover the necessary cost of inspection by the Lender’s
staff.
In the case of total loss the Agreed Value (as listed on the Loan Agreement) has to be paid.
In the case of damages the restoration cost as well as the depreciation will be assessed by
experts named by the Lender and approved by the Borrower.
Version C (Borrower insures)
The loan(s) shall be insured by the Borrower on a nail to nail basis against all risks,
including transit with the usual standard exclusions, such as wear and tear, inherent vice,
damage through cleaning and restoration work, war and war-like action and atomic energy.
The insurance certificate or a signed copy shall be presented to the Lender by the Borrower
in advance of initiation of transport procedures. Should the insurance documents not
conform to the required risk cover the Lender has the right to withhold transferring the
loan(s) until insurance documents are rectified accordingly by the Borrower. In the case of
loss or damage the Lender must be notified immediately.
Version D (Borrower insures)
Valuation of the loan(s) is made by the Lender and agreed by the Borrower.
The loan(s) shall be insured by the Borrower on a nail to nail basis against all risks,
including transit with the usual standard exclusions, such as wear and tear, inherent vice,
damage through cleaning and restoration work, war-like action and atomic energy. The
insurance certificate or a signed copy, naming the Lender as the beneficiary, shall be
presented to the Lender by the Borrower in advance of initiation of transport procedures.
Should the insurance documents not conform to the required risk cover the Lender has the
right to withhold transferring the loan(s) until insurance documents are rectified accordingly
by the Borrower.
The all-risks insurance policy shall include coverage against all risk of physical loss or
damage from any cause, whilst in transit and on location in the gallery, with the value
stated in Euros. Valuation of the loan(s) is made by the Lender and approved by the
Borrower. This is an Agreed Value and cannot be disputed in the case of damages. It is
listed on the Loan Agreement.
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
7
In the case of loss or damage the Lender must be notified immediately. The damage must
be recorded in a condition report accompanied by photographs.
In the case of total loss the Agreed Value has to be paid. In the case of damages the
restoration cost as well as the depreciation will be assessed by experts named by the
Lender and approved by the Borrower.
Should there be a considerable fluctuation of values in the (art) market the Lender may set
a new insurance value for long-term loans. He must inform the Borrower in writing and be
able to justify the new value. This value becomes effective 14 days later.
Version E (Lender insures)
Valuation of the loan(s) is made by the Lender and agreed by the Borrower.
The loan(s) shall be insured by the Lender on a nail to nail basis against all risks, including
transit with the usual standard exclusions, such as wear and tear, inherent vice, damage
through cleaning and restoration work, war-like action and atomic energy. The insurance
certificate or a signed copy shall be presented to the Borrower in advance of initiation of
transport procedures. Should the premium not be paid by the time the loan(s) are due to
leave the Lender’s premises, the Lender has the right to withhold transferring the loan(s)
until payment has been received. In the case of loss or damage the Lender must be notified
immediately.
Version F (Lender insures)
Valuation of the loan(s) is made by the Lender and agreed by the Borrower.
The loan(s) shall be insured by the Lender on a nail to nail basis against all risks, including
transit with the usual standard exclusions, such as wear and tear, inherent vice, damage
through cleaning and restoration work, war-like action and atomic energy. The insurance
certificate or a signed copy shall be presented to the Borrower in advance of initiation of
transport procedures. Should the premium not be paid by the time the loan(s) are due to
leave the Lender’s premises the Lender has the right to withhold transferring the loan(s)
until payment has been received.
In the case of loss or damage the Lender must be notified immediately. The damage must
be recorded in a condition report accompanied by photographs.
In the case of total loss the Agreed Value listed on the Loan Agreement has to be paid. In
the case of damages the restoration cost as well as depreciation will be assessed by experts
named by the Lender and approved by the Borrower.
Should there be a considerable fluctuation of values in the (art) market the Lender may set
a new insurance value. He must inform the Borrower in writing and be able to justify the
new value. This value becomes effective 14 days later.
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
8
Version G (Non-insurance by the Borrower)
Valuation of the loan(s) is made by the Lender and agreed by the Borrower.
The loan(s) shall be insured by the Lender on a nail to nail basis against all risks during
transit with the usual standard exclusions, such as wear and tear, inherent vice, damage
through cleaning and restoration work, war-like action and atomic energy. No insurance is
provided for the loan(s) during their stay at the Lender’s premises.
The insurance certificate or a signed copy shall be presented to the Borrower in advance of
initiation of transport procedures. Should the premium not be paid by the time the loan(s)
are due to leave the Lender’s premises the Lender has the right to withhold transferring the
loan(s) until payment has been received.
In the event of damage to an object the Borrower is responsible for the cost of repair,
conservation and other expenses relating directly to the damage in question. He is
responsible for a possible reduction in value if the damage is caused wilfully by the
Borrower or if it is due to the Borrower’s negligence and/or disregard to the loan
agreement.
In the case of loss or damage the Lender must be notified immediately. The damage must
be recorded in a condition report accompanied by photographs.
Packing and transportation
Version A
The transport of the loan(s) to and from the final destination is to proceed at the cost and
liability of the Borrower. The choice of transport agent must be agreed between the Lender
and the Borrower. The works must be packed with appropriate materials designed to give
maximum protection to the object(s) and repacked in the same or similar materials as
received unless otherwise authorized by the Lender.
Version B
The transport of the loan(s) to and from the final destination is to proceed at the cost and
liability of the Borrower. The choice of transport agent must be agreed between the Lender
and the Borrower. Any transport company used must have experience in the transportation
of delicate and valuable objects with employees trained in the handling of such material.
The works must be packed with appropriate materials designed to give maximum
protection to the object(s) and repacked in the same way.
The removal, packing, unpacking and transports must be supervised by qualified art
handlers in cooperation with members of the Lender’s and/or Borrower’s staff. Vehicles
should provide appropriate protection against vibration and shock and extremes in relative
humidity and temperature conditions, double drivers and suitable protection from theft. At
no time must the truck be left unattended. For the return transport the works must be
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
9
repacked in the same or similar materials as received unless otherwise authorized by the
Lender.
Couriers
The loan(s) must be couriered to and from ______________________________________ (insert
Lender’s and Borrower’s residence) by a member of the Lender’s staff.
The Borrower is responsible for all expenses derived from the courier’s travel, including per diems
and hotel accommodation in a good middle-class hotel.
Special agreements: ________________________________________________
Care of objects and installation
Version A
Installation must be handled by qualified professional art handlers supervised by the
Borrower’s staff and trained for action in emergencies. The Borrower shall secure constant
and adequate protection of the loan(s). The objects should be maintained in the condition
in which they were received and the Borrower is to take the best possible care of the
objects.
The Borrower may not make any changes to the condition of the property on loan without
written consent from the Lender.
The works must not be moved or re-hung without permission from the Lender except in an
emergency. The Lender shall prepare a condition report which is to accompany the object
and which upon arrival of the object(s) must be completed by the Borrower. Should the
Lender not be able to provide a condition report the Borrower will prepare such a report
when unpacking the loan(s) on his premises. If any changes in the condition of the loan(s)
be noted the Lender must be contacted without delay.
Version B
Installation must be handled by qualified professional art handlers supervised
by the Lender’s staff and trained for action in emergencies. The Borrower shall secure
constant and adequate protection of the loan(s). The objects should be maintained in the
condition in which they were received and the Borrower is to take the best possible care of
the objects.
Works packed in climate-controlled crates must be stored for acclimatisation for at least 24
hours. Empty crates shall be stored in a secure climate and temperature controlled indoor
storage area, protected from moisture, pollution, fungus and vermin. For acclimatization
they should be delivered to the galleries 24 hours before re-packing begins.
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
10
The Borrower may not make any changes to the condition of the property.
The works must not be moved or re-hung or re-installed without permission from the
Lender except in an emergency. Framed objects may not be unframed, removed from
mounts or protective devices, cleaned or altered in any way without prior written consent
by the Lender.
The property on loan may not be placed in the direct vicinity of heating and humidifying or
dehumidifying units or equipment and protected at all times against direct sunlight, strong
artificial light, heated and cold air sources.
The Lender shall prepare a condition report which is to accompany the object and must be
completed by the Borrower upon arrival of the object(s). Should the Lender not be able to
provide a condition report the Borrower will prepare such a report when unpacking the
loan(s) on his premises. If any changes in the condition of the loan(s) be noted the Lender
must be contacted without delay.
Environment
In the exhibition galleries a stable climate with the following conditions has to be maintained:
Temperature:
Relative humidity:
Light intensity: paintings ______________
drawings ______________
others ______________
Additional conditions: _____________________________________________
Security and Safety
Version A
The Borrower agrees to safeguard the loan(s) under generally accepted conditions of
control and security during the entire time they are on his premises.
Smoking, eating and drinking shall be prohibited in the exhibition areas.
The Lender reserves the right to inspect the loan(s) whilst they are on exhibition.
Upon request the Borrower provides the Lender with a Facility Report prior to the signing of
the Loan Agreement.
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
11
Version B
The Borrower agrees to safeguard the loan(s) under generally accepted conditions of
control and security during the entire time they are on his premises.
The Borrower will provide security by means of guards, barriers, plinths, showcases,
electronic devices etc. in order to keep the loan(s) secure whilst on his premises and to
ensure that the public does not touch or otherwise damage the work(s). The Borrower must
ensure that the exhibition venue complies with fire safety regulations and that museum
guards are fully prepared for action in the event of danger.
Smoking, eating and drinking shall be prohibited in the exhibition areas.
The Lender reserves the right to inspect the loan(s) whilst they are on exhibition.
Upon request the Borrower provides the Lender with a Facility Report prior to the signing of
the Loan Agreement so as to enable the Lender to assess the environment, security and
logistical implications of lending to this venue.
Reproductions and publicity
Version A
Loaned objects must not be photographed, filmed, videoed, televised or copied in any way
without prior written agreement by the Lender.
The press and museum staff may photograph the loan(s) as part of the exhibition, for
advertising or to document a general view. Works may be filmed for exhibition publicity.
Filming must be supervised at all times.
Photographic material can be obtained from
The Borrower must provide the Lender with ________ (insert number) copies of the
exhibition catalogue.
Version B
Loaned objects must not be photographed, filmed, videoed, televised or copied in any way
without prior written agreement by the Lender. Reproductions supplied by the Lender –
photographs, transparencies or digital images – may be published in the exhibition
catalogues or exhibition promotion material only unless otherwise agreed with the Lender.
Published reproductions must credit the title, artist and owner of the work as well as the
photographer. The Borrower undertakes to obtain the respective copyrights. The Borrower
may not transfer any publishing rights to third parties without permission from the Lender.
Photographic material can be obtained from
