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HomeMy WebLinkAboutContract1 /COMA ART MUSEUM LOAN AGREEMENT Exhibition New Deal in the Northwest (working title) Exhibition Dates February 22, 2020 through August 16, 2020 Loan Period January 15, 2020 through September 30, 2020 Lender City of Renton Lender Address 1055 South Grady Way Renton, WA 98057 Object Description/s Jacob Elshin, Miners at Work, 1937. Oil on canvas mural Credit line Collection of the City of Renton Insurance (see conditions on reverse of this form) Do you elect to maintain your own insurance? No 1701 Pacific Avenue Tacoma,WA98402 CAG-19-222 T 253-272-4258 F 253-627-1898 www.TacomaArtMuseum.org Estimated current market value of artwork for insurance purposes (in U.S. Dollars): $20,000 Shipping Shipping arrangements will be made by Tacoma Art Museum's Registrar in consultation with the lender. All shipping arrangements will be approved by the lender. Tacoma Art Museum will pay costs associated with shipping. Catalogue and Publicity Please circle reproduction materials available: Digital Image type and file size (N/A) Slide 4 x 5 Transparency Other Unless permission is refused in writing by the Lender, it is understood that the loaned object(s) may be photographed and reproduced by Tacoma Art Museum in all media, including television, film, and web, for publicity purposes connected with this exhibition and other related publications, for routine education, and for registration purposes. The photographs will not be used for any other purpose unless express permission has been obtained from the Lender. Conditions This loan is subject to the conditions on the reverse of this form. EN Signature of Authorized Borrower _ Ditte Signature of Authorized Lender Dafb May De is aw "s * ,� = A ATTEST:�oS�Q�\ `. J a o n A . e h , City �� � "IiA ,EO `\\���• � MINI Incoming loan conditions CARE\HANDLING\INSTALLATION Tacoma Art Museum will exercise the same care for objects on loan as it does in the safekeeping of its own objects. Tacoma Art Museum will make every effort to follow specific handling and installation instructions provided by the Lender for certain objects. Loans will be handled only by experienced personnel under competent supervision. PRESERVATION Loans will be protected from fire, theft, mishandling, insects, and extremes of light, temperature and humidity- REPAIR/CONSERVATION Tacoma Art Museum will not repair or alter any loaned object without permission of the lender. If an item sustains damage in transit or while in the possession of Tacoma Art Museum, the Lender will be notified immediately. The damage will be documented by a full written and photographic report. Tacoma Art Museum may discuss various options with the Lender and insurance company as to appropriate action. CONDITION REPORTS Condition reports will be completed when the object is unpacked. Damage wili be reported to Lender at the earliest opportunity. Objects wilt be reinspected on arrival, at regular intervals, and just prior to repacking\retum to Lender. IDENTIFICATION Tacoma Art Museum may use temporary tags to label loans but will not mark the object(s) in a permanent fashion. Exhibition stickers for paintings may be placed on the backing or the frame. PHOTOGRAPHY Unless permission is refused in writing by the Lender, it is understood that the loaned object(s) may be photographed by Tacoma Art Museum in all media, including television and film, for publicity purposes connected with its display and other related publications, for routine education, and for registration purposes. The photographs will not be used for any other purposes unless express permission has been obtained from the Lender. If an object is labeled for display or publication, it will be credited as indicated by the Lender on the loan agreement. It is also understood that stilt photography taken by museum visitors for private, noncommercial use is permitted unless otherwise stated in writing by the Lender. The use of flash photography is prohibited in the galleries at all times. TECHNICAL EXAMINATION Tacoma Art Museum will not subject an object to technical examination without the written permission of the Lender. CREDIT LINE Exhibited objects will be identified using the approved credit line provided on the loan agreement. Modifications must be approved by the Lender. SHIPPING Shipping will be by safe and direct methods and approved by the Lender in advance. If a courier is required, terms and costs should be agreed upon in writing in advance. PACKING Unless otherwise specified, loaned items will be repacked in same or similar materials and by the same methods as received. If incoming method or materials were inappropriate, Lender will be consulted about upgrading. Costs for new packing and crating will be agreed upon In writing prior to the return of the loan. Packing and crating materials will be stored in appropriate facilities for preservation and protection. RECEIPTS Receipts shall be provided on receipt of loan and return Tacoma Art Museum will notify the lender of damage and if needed, file an Insurance claim within 30 days of the object's return to the lender. INSURANCE All objects loaned to Tacoma Art Museum will be insured by fine arts insurance carried by Tacoma Art Museum, by the Lender at the Tacoma Art Museum's expense, or by the Lender at their own expense. 1. If Tacoma Art Museum insures, the loaned item will be covered with wall-to-wall insurance for the "current market value", against all risk of physical loss or damage from any external cause while in transit and on location during the period of the loan. Tacoma Art Museum policy contains the usual exclusions for damage due to causes of normal wear and tear, gradual deterioration, moths, vermin, inherent vice, war, invasion, hostilities, rebellion, insurrection, confiscation by order of any government or public authority, risks of contraband or illegal transportation and/or trade. Borrower is required to provide estimated valuation of loan, generally defined as "current market value.' In works which have been Industrially fabricated and can be replaced to the artist's specifications, the Museum's liability shall be limited to the cost of such replacements. The amount payable by insurance secured in accordance with the loan agreement Is the sole recovery available to the Lender from Tacoma Art Museum in the event of loss or damage. A Certificate of Insurance will be sent upon request to the Lender. A copy of the Tacoma Art Museum insurance policy may be reviewed upon request. 2. If the Lender chooses to waive Tacoma Art Museum insurance, it must be in writing. In doing so, the Lender waives all rights of subrogation and/or right of recovery, regardless of liability, against Tacoma Art Museum and each of the participating museums (in the case of traveling exhibitions) in connection with loaned property. Tacoma Art Museum may request from the Lender's insurance company a Certificate of Insurance, including Tacoma Art Museum and all participating museums as additional insured. Tacoma Art Museum shall not be responsible for any error or deficiency in information furnished by the Lender to their insurer or for any lapses in coverage. 3. If a valuation is not given by the Lender, Tacoma Art Museum will set an insurance value for the period of the loan. The Lender agrees to this value when the loan agreement is signed. Tacoma Art Museum does not present this assigned value as an official appraisal. 4. The Lender may review the valuation of the loan periodically and may Increase the coverage if reasonably justified. Tacoma Art Museum must receive written notice of a change of insurance value. Museum staff will monitor the insurance valuations provided by Lender for gross over -valuation and under -valuation. EARLY REMOVAL Tacoma Art Museum reserves the right to withdraw objects from display at any time for space or other considerations. POSSESSION Loans will remain in the possession of the Tacoma Art Museum and be the responsibility of the Museum until returned to the Lender. CHANGE OF ADDRESS/OWNERSHIP It is the responsibility of the Lender to give written notification to Tacoma Art Museum of change of address or change of ownership of objects on loan to the Museum. In case of death of the Lender, his or her legal representative is requested to notify the Registrar, giving in writing the full name and address of where the object is to be returned and to whom. RETURNS The Lender shall accept return of the work on tender by Tacoma Art Museum within a reasonable, agreed upon period of time, usually within one month of ending exhibition date, unless Lender or Borrower are otherwise notified in writing. Unless Tacoma Art Museum is notified in writing to the contrary, loans will be returned to the owner at the address stated on the face of the loan agreement or at the point of pickup. If change in ownership occurs, and Tacoma Art Museum has been notified in writing, costs above and beyond the original shipment forecasts will be the responsibility of the new owner unless otherwise negotiated. UNCLAIMED LOANS/ABANDONED PROPERTY f Tacoma Art Museum, after making reasonable efforts such as repeated written notification, is unable to return the loan after the termination of the loan, Tacoma Art Museum shall have the absolute right to place the work in storage, to charge regular storage fees and the cost of insurance to the Lender, and to have and enforce a lien for such fees and cost. Furthermore, as per the Washington State Law RCW 63.26,030 and .040: Property subject to a loan agreement which is on loan to a museum or historical society shall be deemed to be donated to the museum or society if no claim is made or action filed to recover the property after termination or expiration of the loan and if the museum or society has given notice pursuant to RCW 63.26.040 (see below) and no assertion of title has been filed within ninety days from the date of the second published notice. When amuseum or historical society is required to give notice of abandonment of property or of termination of a loan, the museum or historical society shall mail such notice by certified mail, return receipt requested, to the last known owner at the most recent address of such owner as shown on the museum's or society's records. If the museum or society has no address on record, or the museum or society does not receive written proof of receipt of the mailed notice within thirty days of the date the notice was mailed, the museum or society shall publish notice for two consecutive weeks. If no written assertion of title is presented by the owner to the museum or society within ninety days from the date of the second published notice, title to the property shall vest in the museum or historical society, free of all claims of the ownerand of all persons claiming under the owner. One who purchases or otherwise acquires property from a museum or historical society acquires good title to the property if the museum or society has acquired title to the property under this chapter.