NMAH Outgoing Loan Agreement

NMAH Sample Loan Agreement

v20170606

National Museum of American History

Agreement for Outgoing Loan

NMAH Outgoing Loan #

[number]

Date:

Borrower:

Address

Borrower Contact Name/Title

E-mail

Telephone Number

NMAH Collecting Division/Curator:

In accordance with the Conditions and Special Exhibition Requirements printed on the reverse, the objects

listed below (the “Loan”) are lent for the following purposes only:

Loan period: (Approximate time objects leave NMAH until return receipt)

Location(s) of object(s) while on loan:

2. Description of collections

Accession # Catalog # Description of Objects Insurance Value

______________________________________________________________________________

PLEASE READ CONDITIONS AND SPECIAL EXHIBITION REQUIREMENTS AND

SIGN at bottom of document

Mailing Address Street/Delivery Address

Smithsonian Institution 12th Street at Constitution Avenue NW

PO Box 37012 Washington, DC 20560

National Museum of American History

Room 1230, MRC 667 [email protected]

Washington, DC 20013-7012 Telephone # 202-633-3879

3. Conditions of the Loan

The Borrower agrees to meet the following general conditions of the loan plus the special

requirements for installation, display, and handling as noted in section 4 Special Exhibition Requirements.

Object Care and Protection:

1. Objects borrowed from the collections of the Smithsonian’s National Museum of American

History (NMAH) will be given special care at all times to insure against loss, damage, or deterioration.

Objects must be maintained in a building equipped to protect objects from fire, smoke, or flood

damage; under 24-hour physical and/or electronic security; under 24-hour monitored fire protection;

and protected from extreme temperatures and humidity, excessive light, and from insects, vermin,

dirt, or other environmental hazards.

2. NMAH objects will be displayed inside limited access exhibit galleries dedicated solely to the

exhibition. Objects will not be displayed in lobbies, hallways, foyers, commercial spaces, or multiple

use spaces.

3. Objects will be unpacked, handled, installed, de-installed, and repacked only by experienced

professional museum object handlers and will be secured from damage and theft by appropriate

brackets, railings, display cases, or other responsible means.

4. NMAH will review and approve mounting, bracketing, exhibit case materials, and display designs

for the objects before the objects are installed. Objects will be displayed using the methods and

materials approved by NMAH.

5. No food or drink is allowed in exhibition spaces where NMAH objects are on display or in areas

where NMAH objects are staged, processed, packed, unpacked, or stored.

6. A daily visual check of the exhibition space will be carried out wherever NMAH objects are

present. Any changes in the status or condition of the objects will be brought promptly to the

attention of the NMAH Loan Program Manager.

7. Upon receipt and prior to return of the objects, the Borrower must make a written record of object

condition, which will include photographs. The NMAH Loan Program Manager will be notified

immediately if damage or loss has occurred. Borrower must promptly follow this notification with a

full written report and photographs.

8. No object may be altered, cleaned, treated, restored, or repaired without prior written permission

from NMAH.

9. NMAH objects are lent to the borrower for the stated purpose only. Objects will not be loaned to

any third party, removed from exhibit, placed in storage, taken to any offsite facility, or used for any

other purpose without prior written permission from the NMAH Loan Program Manager.

10. Newly constructed and/or painted exhibit cases, exhibitry and gallery wall surfaces will off-gas for

a minimum of 28 days prior to installation of objects.

11. NMAH may require an inspection and approval of the facility and/or the actual installation by a

member of its staff as a condition of the loan, at the expense of the Borrower.

Insurance

12. Objects shall be insured during the period of this loan for the value stated in Section 2. Description

of Collections of this agreement under an “all-risk”, wall-to-wall policy subject only to the following

standard exclusions: wear and tear, gradual deterioration, insects, vermin or inherent vice; repairing,

restoration, or retouching process; hostile or warlike action, insurrection, rebellion, etc.; nuclear

reaction, nuclear radiation, or radioactive contamination.

13. If the insurance is to be carried by the Smithsonian Institution, with premium billed to Borrower,

this agreement will act as proof of, or as a certificate of “all-risk”, wall-to-wall insurance coverage

subject to the above-listed standard exclusions.

14. If the Borrower carries insurance, then the Borrower hereby warrants that the required coverage

as described above will be secured and maintained and that the Smithsonian Institution will be named

as additional insured. NMAH may request documentary evidence of coverage such as a copy of the

policy or a certificate of insurance. If the Borrower fails to secure and maintain said insurance, the

Borrower will, nevertheless, be required to respond financially in case of loss or damage as if said

insurance were in effect.

15. Any inaction by NMAH regarding evidence of coverage shall not be deemed a waiver.

16. Insurance values may be reviewed periodically and NMAH reserves the right to increase coverage.

In the event of loss or damage, the Borrower’s maximum liability will be based upon the agreed value

in effect.

Packing and Transportation

17. Packing and transportation will be by methods approved in advance by NMAH. Unpacking and

repacking must be done by experienced personnel under competent supervision. Repacking must be

done with the same or similar materials and boxes, and by the same methods as the objects were

received. Any additional instructions stipulated by NMAH will be followed.

18. Government regulations will be adhered to in international shipments. As a rule, the Borrower is

responsible for adhering to its country’s import/export requirements and the Lender is responsible

for adhering to its country’s import/export requirements.

Credit and Reproduction

19. Unless otherwise agreed in writing, no reproductions, photography, and/or filming of NMAH

objects are permitted except photographs taken by the visiting public for personal use and

photographs taken to document object condition.

20. The borrower will credit NMAH as the lender of the objects with the following credit line:

Smithsonian’s National Museum of American History

This credit line will be used in exhibition labels. Any other proposed uses of the NMAH or

Smithsonian Institution (SI) names and/or reproductions/photographs of NMAH objects require

prior written permission from NMAH.

21. Other than as expressly authorized in this agreement, any use of or mention of the NMAH or SI

names and/or reproductions/photographs of NMAH objects in any medium (print, web, film, radio,

television, or any other media) requires prior written permission from the NMAH Office of

Communication and Marketing.

22. Borrower will not use NMAH collections or the Smithsonian Institution and/or NMAH names

for commercial gain, marketing, self-promotion, or fundraising activities.

Costs

23. Borrower is responsible for all the direct costs of the loan which may include: conservation

surveys, conservation treatment, exhibit preparation, framing, bracketing, mounting, handling,

rigging, crating, packing, shipping, courier travel, staff travel for facility or exhibit inspections,

customs, insurance coverage, and any other loan-related costs identified and required by NMAH.

Return/Extension/Cancellation

24. Objects lent must be returned to NMAH in satisfactory condition by the stated termination date.

Any extension of the loan period must be approved in writing by the NMAH Loan Program Manager

and covered by parallel extension of the insurance coverage.

25. NMAH reserves the right to recall objects from loan on short notice, if necessary. Furthermore,

NMAH reserves the right to cancel this loan for good cause at any time, and will make every effort to

give reasonable notice thereof.

Conditions and amendments to this agreement.

26. The Borrower understands and agrees that final Special Exhibition Requirements are contingent upon

a Preservation Survey conducted by NMAH conservation staff.

27. Resulting amendments or changes to these Special Exhibition Requirements will be documented

and approved through an agreed amendment to Section 4 Special Exhibition Requirements.

28. Fulfillment and delivery of the Loan is subject to the satisfactory completion of all conditions and

requirements as determined by the NMAH.

Interpretation

29. In the event of any conflict between this agreement and any forms of the Borrower, the terms of

this agreement shall be controlling.

30. In the event of any conflict between stipulations outlined in Section 3. Conditions and Section 4.

Special Exhibition Requirements, the terms of Section 4. Special Exhibition Requirements shall be

controlling.

31. This agreement shall be construed in accordance with applicable Federal law and the law of the

District of Columbia.

4. SPECIAL EXHIBITION REQUIREMENTS

BORROWING INSTITUTION:

NMAH LOAN # [loan number]

The Borrower agrees to all conditions and requirements listed below. The Borrower understands and

agrees that final exhibition requirements are contingent upon a Preservation Survey conducted by

NMAH conservation staff. Resulting amendments or changes to these Special Exhibition

Requirements will be documented and approved through an agreed amendment to Section 4 Special

Exhibition Requirements. Fulfillment and delivery of the Loan is subject to the satisfactory completion

of all conditions and requirements as determined by NMAH.

INSURANCE

• Insurance coverage provided under the Smithsonian’s policy with premium billed to the Borrower.

• Insurance coverage provided under the Borrower’s policy. Borrower will provide a certificate of

insurance listing the objects with their values as indicated in Section 2. Description of Collections above

and naming the Smithsonian Institution as additional insured or loss payee.

PACKING/SHIPPING

Loan will be packed by: [packer]

• Loan will be transported via [shipper] to the address in Section 1. NMAH Outgoing Loan

• Shipment will acclimatize for at least 48 hours in a climate-controlled, secure collections storage

area at the Borrower's venue prior to unpacking.

• Crates, boxes, and all packing materials will be stored on site at the borrower’s venue in a climate

controlled, secure storage space which is free of pests.

• Outgoing shipment will be via: [fine arts shipper]

• Return of the Loan will be via: [fine arts shipper] (Contact NMAH Outgoing Loan Office prior to return)

HANDLING

• Object handlers will wear archival plastic or latex gloves when handling the object.

• Objects will be handled, installed and deinstalled only by NMAH staff.

• Objects will be handled only by conservators.

DISPLAY

• NMAH objects will be displayed inside fully-enclosed exhibit cases that lock or are secured with

security hardware.

• The exhibit cases will be alarmed and the alarms will directly connect into the borrower’s central

security system which is monitored 24/7.

• Encapsulated objects will not be removed from the encapsulations.

• Framed objects will not be removed from the frames.

• Framed objects will be hung using security hardware (the security hardware provided by NMAH.)

• Mounted objects will not be removed from the mounts.

• Large objects displayed on open platforms will be protected by rigid barriers which create at least 4

feet of space between the visitors and the objects on all sides accessible to visitors.

• Objects will be displayed on the mounts provided by NMAH.

• Objects will be displayed using the brackets approved (or provided) by NMAH.

• Costumes will be displayed on the mounts provided by NMAH.

• No reproductions, photography, and/or filming of NMAH objects are permitted except

photographs taken to document object condition.

• Objects will be protected from the case deck and/or display platform with a Mylar barrier placed

between the objects and the display surface at all point of contact.

• All brackets must be padded.

• Security staff will be present in the exhibit gallery during public hours and at all times when visitors

are in the gallery. The exhibit gallery will be monitored 24/7 by security staff.

ENVIRONMENTAL CONDITIONS / LIGHT LEVELS

• Environmental conditions will be stable and will be maintained within the following ranges:

Temperature: 70º F ± 4º F

Relative Humidity: 45% ± 8%

• If required environmental conditions cannot be maintained in the exhibition galleries, the exhibit

cases must have silica gel buffering capability.

• Light levels will not exceed XXX foot candles.

• Light levels will be set below the maximum allowable footcandle level if possible and lights will be

turned off during non-public hours to minimize light exposure on the objects.

Lighting on all NMAH objects must be even with no shadows created by other objects or by

exhibitry.

• No natural light will fall on the objects.

• The exhibit gallery will have no windows or all windows will be shaded or blocked.

• Ultraviolet radiation levels will not exceed 60 µW/lumen.

• Exhibit cases will not be internally lit.

I have read and agree to the above

Conditions of the Loan

and the

Special Exhibition

Requirements

and certify that I am authorized by the borrowing institution to agree thereto.

Date: _________________________________

Signed: ____________________________________________

(Borrower’s Authorized Agent)

Print Name: ________________________________________

Title: _____________________________________________

Approved for the National Museum of American History:

Date: ___________________________________________

Signed: __________________________________________

Title: ____________________________________________

Sign and return TWO copies

SMITHSONIAN’S NATIONAL MUSEUM OF AMERICAN HISTORY

Amendment to the Loan Agreement.

This is amending NMAH loan agreement, [loan number] between the National Museum of

American History and the [borrower], signed on the [agreement date].

[Amended section] of the Special Exhibition Requirements of outgoing loan [number] are

amended as follows:

[Specify section and language]

All other terms and conditions of loan [number] hereby remain in force and effect as agreed

on [agreement date.]