Artist Loan Out Agreement (A247)

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Who can use this Exhibition Loan Agreement?

This Exhibition Loan Agreement is for use by an artist when lending a work for an exhibition.

It has been developed by ContractStore in collaboration with Artquest,  part of University of the Arts London.

What is this Agreement for?

This two page Exhibition Loan Agreement is in a plain English user-friendly format and sets out the terms on which an artist will agree to lend works for an exhibition.

What are the main issues?

The loan agreement will itemise the artworks to be loaned as well as the venue, dates and title of the exhibition.

The borrower will be responsible for keeping the works safe during the exhibition and ensuring them against loss or damage.

The artist confirms that he/she owns copyright in all the works and reserves all rights with regard to reproduction. This means the borrower may be restricted in the use of photographs except for publicising the exhibition.

The agreement does not contemplate the works will be sold.  However our contract contains an clause that would enable sale enquiries to be referred to the artist, although the exhibition organiser will not get commission in our template.

What detailed terms does the contract contain?

There are nine short clauses that cover:

  • Loan of works
  • exhibition
  • Transport
  • Setting up
  • Insurance
  • Loss or Damage
  • Copyright
  • Sales
  • Disputes & Law

For more information on each of these sections, see our Explanatory Notes below which you will also receive when you download the document from our website.

For information on signing documents see our Contract Signing page

When I download the document, can I change it and/or use it more than once?

Yes, all ContractStore’s templates are in MS Word and you can use the contract on more than one project. For more information, watch the video on this page of our website or see our FAQs

Legal support

ContractStore supplies templates and is not a law firm.  But experienced lawyers write all our templates, so we can arrange legal assistance for customers who need special terms in one of our documents or a bespoke template. . For more information see our Legal Services page.  For more information see our Legal Services page.

Contract Author –Giles Dixon

And if you want to contact us see our Contacts page.

 

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Explanatory Notes

This agreement, developed by ContractStore with ArtQuest, is for use when an Artist is asked to lend work for an exhibition.  The Borrower could be a gallery, museum or some other organisation or business.  It contains two pages of Terms and a Schedule which lists the works to be exhibited and the insured value – which will be the anticipated retail value unless otherwise agreed.

There are 9 short clauses in our template which deal with the key issues which an Artist should consider when arranging to lend work for an exhibition:

1. Loan of Works.

The Artist agrees to lend the Borrower the works that are identified in the schedule to the Agreement.

2. Exhibition.

This gives brief details of the exhibition including venue and dates.

3.  Transport.

The agreement provides for the Borrower to be responsible for collection of the works from the artist and redelivery after the exhibition finishes.

4.  Setting up.

When the works need to be set up in a particular way (e.g. Tracey Emin’s bed) the Artist may be required to participate but the final decision on where works are placed within the exhibition rests with the Borrower, as organiser.

5.  Insurance.

The Borrower is responsible for insuring the works from collection until they are returned.  The insured value of each work will be shown in the schedule and this will normally be the retail value.

6.  Loss or Damage.

The Borrower is liable for any loss or damage (but should be able to cover its liability with the insurance referred to above).  In the case of work that is damaged and needs restoration, the Artist is given certain rights.  But if a work is damaged and cannot sensibly be restored, then the Borrower will be responsible for the insured value to be paid to the Artist.

7.  Copyright.

The Artist retains copyright in the works and all reproduction rights.

8. Sales

Although the main objective is not to sell the works but to include them in an exhibition, the possibility of a visitor to the exhibition wanting to buy one of the Artist’s works is referred to here.  The Borrower is expected to pas on nay enquiry, but there will not be any commission for the Borrower unless the option to pay commission in the Schedule applies.

9.  Disputes &Law.

English law governs the contract but if there is any dispute, mediation is proposed as a first step – this is a lot cheaper than court proceedings.