Standard Loan Agreement Template for Temporary Exhibitions - Nemo

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Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
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:
1
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
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:
1
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
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
O
Insurance value
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.)
2
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
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:
3
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
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.
4
Standard Loan Agreement for Temporary Exhibitions:
Loan Agreement (pages 1 - 3)
Loan Conditions (pages 4 - 14)
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.
5

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