Washington University Libraries
Department of Special Collections
Manuscript Division
LOAN
AGREEMENT FORM
EXHIBITION:
[specify title, location(s), inclusive dates of loan].
LENDER:
Name:
Address:
Contact
person (with telephone at work and home):
Exact
form of lender's name for catalog, labels, and publicity:
ITEM TO BE LENT:
Author/artist
(with dates, if known):
Title
or description, including publication information (if appropriate):
Lender's
call number or accession number:
Date
of item:
For
art work, location of date (if any):
For
art work, form and location of signature (if any):
Medium/material
and support:
Dimensions
of item alone (height, width, depth, weight):
Dimensions
of item with mat, frame, or base, if any (height, width, depth, weight):
Condition,
noting existing breaks, tears, scratches, abrasions, paint losses, other
insecurities or defects in the work (if necessary a separate sheet of paper can
be attached to form):
SPECIAL INSTRUCTIONS:
For
art work, may borrower:
reframe
or remat? (yes/no) substitute
plexiglas for glass? (yes/no)
Date
by which loans are to reach the borrower (borrower will be in contact with
lender regarding shipping arrangements);
Other
instructions for packing, transport, and installation
(if necessary a separate sheet of paper can be attached to
form):
INSURANCE (see Legal Conditions, stated below);
Does
lender prefer to maintain insurance? (yes/no);
If
yes, state the estimated premium to be charged to borrower;
If
no, state the insurance value (fair market value) in U.S. currency.
PHOTOGRAPHS AND
REPRODUCTIONS
Unless
permission is declined here, it is understood that this item may be
photographed, videotaped, telecast, and reproduced for publicity purposes
connected with this exhibition and for illustrations in the catalog and other
publications, and that slides of it may be made and distributed for educational
use:
May
borrower reproduce item:
in the
catalog? (yes/no) for
publicity? (yes/no) for
educational purposes? (yes/no)
Which
of the following are available from the lender:
black and
white photographs? (yes/no) color
transparencies? (yes/no);
slides,
postcards, or other reproductions for public sale? (yes/no)
Does
lender hold exclusive copyright? (yes/no)
Iif no,
whom might borrower contact to acquire reproduction rights?
LEGAL CONDITIONS OF THE LOAN
AGREEMENT
- Washington University in St. Louis, University Libraries (the "Borrower")
will exercise the same care with respect to the object referred to on the
reverse (the "work") as it does in the safekeeping of comparable
property of its own.
- The
work shall remain in the possession of the Borrower and/or the other
institutions participating in the exhibition for which it has been
borrowed (the "participating institutions") for the time
specified on the reverse, but may be withdrawn from such exhibition as any
time by the Director of Trustees of the Borrower and/or of any of the
participating institutions. The work will be returned only to the Lender
at the address stated on the reverse unless the Borrower is notified by
the Lender in writing to the contrary. If the legal ownership of the work
shall change during the duration of the loan, whether by reason of death,
sale, insolvency, gift or otherwise, the new
owner or agent may, prior to its return, be required to establish this
legal right to receive the object by proof satisfactory to the Borrower.
- Unless
the Lender chooses to maintain insurance, the Borrower will insure the
work on a wall-to-wall basis under a fine arts policy for the amount
specified above by the Lender against all risk of physical loss or damage
from any external cause while in transit and on location during the period
of this loan. The Borrower's fine arts policy contains the usual
exclusions for loss and damage to the work due to wear and tear, gradual
deterioration, insects, vermin, inherent vice, damage resulting from any
repairing, restoration, or retouching process, nuclear reaction, radiation
or radioactive contamination, and risks of war and that, in the event of
loss or damage, recovery shall be limited to such amount, if any, as may
be paid by the insurer, hereby releasing the Borrower, each of the
participating institutions, and the Trustee officers agents and employees
of the Borrower an of each of the participating institutions from
liability for any and all claims arising out of such loss or damage.
- If
the Lender chooses to maintain insurance coverage, then, prior to the
shipment of the work the Borrower must be supplied with a certificate of
insurance naming the Borrower and each of the participating institutions
as an additional insured or waiving subrogation against the Borrower and
each of the participating institutions. If the Lender shall fail to supply
the Borrower with such a certificate, this loan agreement shall constitute
a release of the Borrower and of each of the participating institutions
from any liability in connection with the work. The Borrower cannot accept
responsibility for any error or deficiency of information furnished to the
Lender's insurer or for any lapses in coverage.
- It
is understood that the Borrower will not unframe,
clean, restore, or otherwise alter the work without the express consent of
the Lender. Evidence of damage to works in transit or while in the
Borrower's custody will be reported immediately to the Lender.
- The
Borrower's right to return the work shall accrue absolutely at the
termination of the loan. If the Borrower, after making all reasonable
efforts and through no fault of its own, shall be unable to return the
work within sixty days after such termination, then the Borrower shall
have the absolute right to place the work in storage, to charge regular
storage fees and the cost of the insurance therefore, and to have and
enforce a lien for such fees and cost. If, after five years, the work
shall not have been reclaimed, then, and in consideration for its storage,
insurance, and safeguarding during such period, the work shall be deemed
an unrestricted gift to the Borrower.
- The
Borrower accepts this agreement on the understanding that the Lender has
full authority to enter into such an agreement as the legal owner of the
work or authorized agent of the owner.
THE CONDITIONS OF THIS LOAN AS STATED ABOVE, ARE
ACCEPTED:
LENDER
By: ___________________________________Dated:
___________________
______________________________________________
Address, City, State, Zip Code and Telephone
The foregoing loan is accepted on behalf of the University, subject to the terms and conditions
heretofore set forth.
WASHINGTON UNIVERSITY
By: ___________________________________Dated:
___________________
Title:
_______________________________________