This agreement is for use by an artist when lending a work for an exhibition. It has been developed by ContractStore in collaboration with Artquest.
There are 9 short clauses covering the key arrangements and a schedule detailing the works on loan. There is an optional clause for use if the works are for sale.
You need this contract if you are an artist or gallery and want to have an agreement about how the responsibilities for displayed artworks are to be handled.
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.
This gives brief details of the exhibition including venue and dates.
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.
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.
The Artist retains copyright in the works and all reproduction rights.
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.