Terms and Conditions Governing Loans
CARE, PRESERVATION, AND EXHIBITION
The Gallery will exercise the same care with respect to loans as it does in the safekeeping of its own collection. The Gallery assumes the right, unless specifically denied by the Lender, to examine and document the work by all modern scientific methods. It is understood that the Gallery will not clean, restore, conserve, or otherwise alter the work without consent of the Lender unless the immediate safety of the work is involved. In this case all efforts will be made to reach the Lender to obtain verbal consent. It is also understood that objects, which in the opinion of the Gallery are endangered because of infestation, may be fumigated at the discretion of the Gallery. Any emergency alterations will be thoroughly recorded and immediately forwarded to the Lender.
CONDITION, PACKING, AND TRANSPORTATION
The Lender certifies that the objects lent are in such condition as to withstand ordinary strains of packing, transportation, and handling. A written report of the condition of objects lent prior to shipment should be sent by the Lender to the Gallery. Otherwise, it will be assumed that objects are received in the same condition when leaving the Lender’s possession. Condition records will be made at the Gallery on arrival and departure.
The Gallery will insure the Artwork under, and to the legal limits and within the limitations of the Gallery's Business Personal Property policy [the “Policy”] for the value-amount speciﬁed by Lender against risks of physical loss or damage from any external cause while in transit and on location during the Loan Period; provided, however, that if the Artwork shall have been fabricated in a manner that permits re-fabrication, and can be replaced to the artist’s speciﬁcations, Lender understands and agrees that the amount of such insurance under the Policy may be limited to the cost of such replacement. If no amount is speciﬁed by Lender, the Gallery will insure the Artwork at its own estimated valuation. Lender agrees that, in the event of loss of, or damage to, the Artwork by reason of a cause other than the Gallery's negligence, the Gallery's liability is limited to the amount of any payment made under the Policy and Lender hereby releases the Gallery, its oﬃcers, directors, landlord, agents, employees, assigns and representatives from liability for any and all claims arising out of such loss or damage.
If Lender chooses to maintain their/his/her/its own insurance, Gallery must be provided with a certiﬁcate of insurance naming the Gallery as an additional assured and waiving subrogation against the Gallery. If Lender fails to supply the Gallery with such a certiﬁcate, this Agreement shall constitute a release of the Gallery from any liability in connection with the Artwork. The Gallery cannot accept responsibility for any error or deﬁciency in information furnished to Lender’s insurer or for any lapses in coverage.
Unless the Gallery is notified in writing to the contrary, loans will be returned only to the Lender at the address stated on the face of this loan agreement. If the legal ownership of the work should change during the loan period, whether by reason of death, sale, insolvency, gift, or otherwise, the new owner will, prior to its return, be required to establish its legal right to receive or redirect the delivery of the work by proof satisfactory to the Gallery. If the address of the new owner should be of greater distance than the locality from which the loan was borrowed, the new owner will be required to pay any difference in the charges for the delivery of this work.
The Lender agrees that he/she will not withdraw the loan during the period of this loan agreement and confirms the Gallery’s right to return the work after the close of the exhibition for which this loan agreement gives authority. When the loan is returned, the Gallery will send the Lender a receipt of delivery. Subject to the limitations contained in the loan agreement, the Gallery shall not be responsible for any damage or loss to the loan unless this receipt of delivery is returned to the Gallery after thirty (30) days of the loan period and the Lender has notified the Gallery within ninety (90) days of the alleged damage.
If the Gallery, after making all reasonable efforts and through no fault of its own, shall be unable to return the work following the termination of the loan period, then the Gallery shall have the absolute right to place the work in storage, to charge regular storage fees and the cost of insurance, and to have and enforce a lien for such fees and costs for the maximum period provided by Texas law. If, after two years, the work shall not have been reclaimed, then, and in consideration for its maintenance and safeguarding during such period, the work shall be deemed an unrestricted gift to the Gallery and the Lender hereby authorizes the Gallery to so proceed in accordance therewith.
This loan agreement shall be deemed to have been made under, and shall be construed and interpreted in accordance with, the laws of the State of Texas, without regard to otherwise applicable choice of law rules. Lender hereby submits to the jurisdiction of the state and federal courts located in Travis County, Texas, and said courts shall have the exclusive jurisdiction to adjudicate the rights and obligations of the parties hereto arising out of or relating in any manner to this loan agreement, This loan agreement may not be amended or modified except by a writing signed by the party intended to be bound by such amendment or modification.
The Lender grants the Gallery rights to document, photograph, and video work for press, media, and education purposes. Images may be used in promotional materials for the Gallery and other Gallery-produced non-commercial publications.