LOAN FOR USE AGREEMENT

FOR A DEFINITE PERIOD OF TIME

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The undersigned,

[name of museum, possibly legal entity],

located at [address]
in [place],
represented by* [name and position],
hereafter referred to as [name of museum]*;

and

[name of museum, possibly legal entity],

located at [address]
in [place],
represented by [name and position],
hereafter referred to as [name of museum]*;

hereafter jointly referred to as "the Parties";

whereas:*
• museums have the social duty to present the objects entrusted to
them to the public as frequently as possible and to make these objects
available for research or educational purposes;
• museums have the duty to protect the objects entrusted to them
as well as possible against deterioration, damage and loss;
• objects will be given on loan only if this, in all reasonableness, fits
in with the nature and scope of the exhibition for which the loan for use is
requested;

agree as follows.

DEFINITIONS "Loan for Use": The giving on loan by one museum (the Lender) and the having on
loan by another museum (the Borrower) of one or more Objects.
"Object": The item or items given on loan.

ARTICLE 1. Substance of the Agreement

1. The Lender shall give the Borrower the Object as listed in the Schedule
appended hereto on loan.*
2. The Loan for Use will be granted for no consideration.*

3. The Object will be given on loan for the purpose of [state exhibition/event, as
well as the start and end dates of the exhibition/event].
ARTICLE 2. Duration of the Agreement

1. The Loan for Use will start on the date on which the Object is transported from
the Lender to the Borrower. For this Agreement, this date is [state date].

2. This Agreement has been entered into for [state] months and will, therefore,
end on [state date] by operation of law.*

ARTICLE 3. Transport and Packaging*

1. The Lender shall see to transport and packaging of the Object at the Borrower's
expense and risk.*
2. The Borrower will approve the offer or offers for transport and packaging in
advance.*
3. The Object will be transported by a suitable carrier approved by the Lender in
advance.

4. The Lender will set further conditions in respect of the Object's transport, viz.
[state].*

ARTICLE 4. Exhibitions

1. The Borrower will exhibit the Object exclusively in/at [state location]. The
Object may be transferred to another location with the Lender's express
written approval only.*
2. The Borrower will exhibit the Object exclusively for the purpose stated in
Article 1.3.
3. The Borrower will conduct the general management of and supervise the room
where the Object is exhibited.
4. Upon request, the Borrower shall make a Facility Report available to the
Lender for inspection.*
5. The Borrower shall see to suitable conditioning of the room, which means, inter
alia, that the Borrower shall see to:
• strict compliance with non-smoking rules and a ban on eating and drinking in
the room;
• security measures;*
• climate and light conditions in conformity with the general standards for
museums;
• a ban on photography by visitors and, in the event of photography for which
permission has been given, a ban on intense light sources for photo and/or film
shoots.*

6. The Lender may set additional conditions in respect of the circumstances under
which the Object is exhibited, viz. [state]*.
7. Apart from the provision laid down in Article 4.4, the Borrower shall do
everything that may be expected from a prudent Borrower to handle the
Object as carefully as possible.

ARTICLE 5. Reports on the Object's Condition

1. Before the Object is transported to the Borrower, the Lender shall send the
Borrower a recent report on the Object's condition. The report will specify the

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 Object's condition as accurately as possible. A recent photograph of the Object
must be included in the report.*
2. Upon the Object's arrival at the Borrower's, the Borrower shall promptly check
the report on the Object's condition. If the Borrower holds the view that the
report does not give a proper representation of the Object's condition, it shall
immediately so notify the Lender. If the Parties hold the view that the report
on the Object's condition must be revised, the Lender will receive a copy of the
revised report.
3. The Borrower shall draw up another report on the Object's condition, a copy of
which will be delivered to the Lender, one week before the Object is returned
to the Lender, at the latest. If the Lender notes discrepancies that are not the
result of normal wear and tear of the Object and that require restoration, the
Lender will decide how the restoration will be carried out. In that case, the
costs must be borne by the Borrower.

ARTICLE 6. Restoration/Preservation
1. Without the Lender's prior written permission, the Borrower may not at any
time restore an Object given on loan, frame it or remove it from its frame,
clean it or otherwise change the Object (or have such done), unless there is no
time to ask and obtain permission because of an urgent circumstance* and this
urgent circumstance means that action must be taken immediately. In that
case, the Borrower shall do everything reasonably in its power to preserve the
Object.
2. If the Lender gives prior permission for restoration, the issue as to which Party
shall bear the costs and risk of the restoration will be determined at the same
time.

ARTICLE 7. Catalogues
1. The Object may be photographed for the purpose of preparing the catalogue
for the exhibition for which the Object has been given on loan.*
2. In case the Object is depicted in the catalogue, the Lender will receive at least
two copies of this catalogue free of charge.

ARTICLE 8. Intellectual Property

1. Subject to the provisions laid down in Article 7, the Borrower may not record
the Object on photo, film or digitally to the extent that this is not necessary in
connection with the exhibition for which the Object has been given on loan.*
2. If the Borrower wishes to use already existing photographs, slides, films or
digital material of the Object that are subject to rights (copyrights), the
Borrower shall respect these copyrights and consult with the copyright owner
or owners about a fee for the use of the material.*
3. The Borrower shall at all times respect any still existing copyrights in the
Object.

ARTICLE 9. Risk of the Loan for Use

1. The Loan for Use will be granted for the Borrower's expense and risk.
2. The Lender shall ensure that the strict liability, to the extent applicable, of
external companies carrying out activities posing risks, including but not

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 limited to professional cleaners, will be laid down contractually. To limit the
risks, the Borrower shall draw up Safety Rules.*
3. The Lender shall ensure that the carrier's strict liability during transport will be
laid down contractually.
4. If the Object is lost or damaged, the Borrower shall immediately so notify the
Lender.
5. The Borrower will not be liable for normal wear and tear of the Object or any
damage to the Object caused by a circumstance that cannot be attributed to
the Borrower.*

ARTICLE 10. Insurance

1. The Borrower shall take out adequate insurance for the Object, according to
the insurance conditions applicable in exchanges between museums "from nail
to nail"*.
2. The duty to insure the Object as referred to in paragraph 1 of this Article will
not apply if further written regulations with respect to the allocation of
liability/mutual indemnification already exist between the Parties*.

ARTICLE 11. Costs of the Loan for Use

1. The following costs will be borne by the Borrower:

• The insurance premium. The insurance must preferably be taken out with
[state name of insurance company];
• The costs of packing the Object;
• The costs of transport;
• The costs of conditioning the room where the Object is exhibited;
• A contribution towards the costs of preserving and/or restoring the Object so
that it may be exhibited;*
2. In case these costs are incurred by the Lender, the Lender will charge these
costs on to the Borrower. The Borrower shall pay the relevant invoice within
30 days.*

ARTICLE 12. Premature Termination

If the Borrower:
• fails to use the Object for the Exhibition/event for which it was given on loan;
and/or
• fails to handle the Object as prescribed by this Agreement;
the Lender may terminate the Loan for Use Agreement with immediate effect and
without the intervention of a judicial authority, and demand that the Borrower see
to it that the Object is promptly returned to the Lender.

ARTICLE 13. Right to Repossess the Objects

1. In the event that the Lender urgently needs the Object itself before the end
date of this Loan for Use Agreement due to a circumstance that could not
reasonably have been foreseen upon the conclusion of this Loan for Use
Agreement, the Lender shall so notify the Borrower in writing, stating reasons.
Subsequently, the Borrower shall hand the Object over to the Lender as soon as
reasonably possible.

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 2. The Borrower may return the Object to the Lender before the end date of this
Loan for Use Agreement on the grounds of an urgent circumstance that could
not reasonably have been foreseen upon the conclusion of this Agreement,
provided that the Lender confirms that it has storage room available for the
Object. Should this not be the case, the Borrower shall store the Object at its
own expense in a suitable storage room until the end of the Loan for Use
Agreement or as much sooner as is indicated by the Lender.*

ARTICLE 14. ICOM Code of Ethics

Both the Borrower and the Lender shall comply with the provisions laid down in the
ICOM Code of Ethics.

ARTICLE 15. Disputes

This Agreement will be subject to Dutch law.*

So agreed and drawn up in duplicate,

[the Lender] Name:

Place:
Date:

[the Borrower] Name:

Place:
Date:

Schedules:
• Line of Conduct Regarding Professional Museological Ethics
[Gedragslijn museale beroepsethiek]
• List of Objects on loan

* see explanatory notes

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