The most difficult part in creating a consignment or loan agreement is all the specific conditions you should mention. Hereby we offer an overview of the possibilities.
As we don’t have the authority to give you any legal advise, we can just share a list with examples. Please note that you should always verify with your legal advisor before using any of these as they function purely as inspiration.
It's quite a long list so we've split them up into several categories. General Conditions, Insurance & Costs, Damages, Transport, Packing, Environment, Installation, Security, Condition Report, Copyrights & Courtesy, Legal, Financial.
Please also read our Blog Post “Consignment or Loan Agreement. What's the difference and what are the rules.”. Here you can also download our consignment and loan agreement templates.
The work(s) will be entrusted on a loan basis to the Borrower and solely for the purposes of exhibiting the work(s) at an agreed venue and for an audience hosted and invited by the Borrower and for the explicit duration agreed by parties and referenced to in the Loan Form.
The Borrower is not entitled to lend, pawn, pledge, sell, hypothecate or further entrust the work(s) to third parties without the explicit and prior approval from Lender.
It is herewith explicitly noted and agreed that the Borrower cannot solely decide to alter or modify any of the modalities of this Loan Agreement without the explicit and prior consent of the Lender.
INSURANCE & COSTS
The Borrower will bear any and all costs involved and related to this Loan agreement, including but not limited to inspection and expertise of the condition of the loaned work(s) prior and post loan, packing and transportation, security and safety mechanisms, care of objects and installation.
The Borrower will bear all costs of the insurance policy covering all risks of physical loss or damage to the loaned works concerned whilst in transit to and under the exclusive custody and responsibility of the Borrower as specified in this agreement.
Without detracting from the validity and content of the aforementioned paragraph all other necessary actions and costs shall also be for Borrower’s account.
All costs related to the loan(s) shall be explicitly agreed and 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.
The Borrower bears the entire and indivisible liability for the condition of the loaned work(s) as from the moment of acceptance (transportation included) and whilst in his custody/at his sole responsibility until properly returned to and accepted without any comments by the Lender.
Prior to and upon return of the loaned work(s) a mutual inspection by both Parties or their assigned representatives will be executed on the condition of the loaned work(s) and written comments to such can be formulated which are binding for all Parties. Costs of these inspections are for the account of Borrower.
Unless agreed otherwise, the loan(s) shall be insured on a ‘nail-to nail’ basis against all risks of physical loss or damage , including transit.
Prior to the Loan Borrower will issue a certificate of satisfactory insurance including a copy of the general conditions of the said all- risk policy to Lender.
The Borrower will engage such all- risk insurance cover for the loaned work(s) at his name and costs.
The Borrower herewith explicitly acknowledges and agrees to reimburse Lender for any and all damages which may occur during the period of said agreement and which – for any reason whatsoever – would not be reimbursable or claimable by the aforementioned all- risk policy concluded is Borrower’s name and for his account.
In case of loss or damage to the work(s) subject to this agreement Lender must be notified by Borrower immediately.
The damage must be recorded in a mutual condition report supported with the assistance of each Parties representative/ expert and accompanied by photographs.
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.
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.
The works must be packed with appropriate materials designed to give maximum protection to the object(s) and repacked in the same way.
Further to the aforementioned it is herewith explicitly noted that any and all liability to the loaned item(s) arising out of the packing, transportation and unloading is entirely on Borrower’s account and cannot be attributed to the Lender.
The removal, packing, unpacking and transports must be supervised by qualified art handlers in cooperation with members of the Borrower’s staff. Lender can decide to take part in such supervision through their assigned representatives however without detracting from Borrower’s exclusive liability regarding the transportation of the object(s).
For the return transport the works must be repacked in the same or similar materials as received, unless otherwise authorized and agreed by the Lender.
Works packed in climate- controlled crates must be stored for acclimatization 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.
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, heated and cold air sources.
In the exhibition galleries a stable climate with the following conditions has to be maintained at all times during the period of this agreement.