Homeward Bound Agreement

General Conditions Governing Incoming Loans

 

1.           The Taubman Museum of Art (“TMA”) will exercise the same care with respect to loaned objects (referred to as "Loan") as it does in the safekeeping of its own comparable property. It is understood by the Lender and the TMA that all tangible artifacts are subject to gradual inherent deterioration for which neither party is responsible. The Lender assures that the Loan is in such condition as to withstand ordinary strains of packing, transportation, and handling.

 

2.           Evidence of damage or loss to Loan at the time of receipt or while in the TMA’s custody will be reported immediately to the Lender by telephone and followed up in writing. Unless the Lender provides a written report of the condition of Loan prior to shipment, it will be assumed that the Loan is received in the same condition as when leaving the Lender’s possession. A condition report will be made at the TMA on arrival and departure. The TMA will not clean, repair, restore, or otherwise alter the object without the written permission of the Lender.

 

3.           Loans will be returned packed, in the same materials, and by the same transport which the loan was received.

 

4.           Unless other arrangements are made between the Lender and the TMA in writing, the TMA will be responsible for the Loan throughout the period specified on the Loan Agreement. The Loan may be withdrawn from exhibition, or returned to the Lender, at any time by the TMA with reasonable notice to the Lender.

 

5.           The TMA will insure the loan only during the installation process, the duration of the exhibition and during the de-installation process. The TMA is not responsible for insuring the loan during the transportation period, shipping and delivery process. The Lender is solely responsible for insurance of loan during transportation, shipping and delivery.

 

6.           Lender’s value must be based on Declared Value or Fair Market Value, whichever is lower. Declared Value is the value declared by the owner representing the market value at the time the Loan is covered by insurance policy. Fair Market Value is the value mutually agreed by the Lender and the Underwriters as representing the amount for which the Loan could have been sold immediately prior to the physical loss or damage. If the Lender fails to indicate a valuation, the TMA, with the implied concurrence of the Lender, may set a value for purposes of insurance for the period of the loan. Said value is not to be considered an appraisal. In the case of long‑term loans, it is the responsibility of the Lender to notify the Museum of changes in the insurance valuations. The amount payable is the sole recovery available to the Lender in the event of loss or damage.

 

7.           If a work that has been industrially fabricated is damaged, and it can be repaired or replaced to the artist's specifications, the TMA's liability shall be limited to the cost of such replacement.

 

8.           Unless permission is refused in writing it is agreed that the TMA is authorized to photograph and/or reproduce the Loan in any media now existing or later developed, in the exhibition catalogue, and for non‑commercial education, publicity, promotional and archival purposes, including without limitation on its web site.

 

9.           The Lender hereby represents and warrants that he/she is the sole legal owner outright of all right, title and interest in and to the Loan, that he/she has the full authority to enter into this Agreement and to grant the rights herein granted free and clear of any liens, claims, encumbrances or restrictions, and the use of the Loan hereunder will not infringe upon or violate the rights of any person or entity.

 

10.         The TMA will release the Loan or take instructions concerning the Loan only from the Lender.

 

11.         Unless the TMA is notified in writing to the contrary, Loan will be returned only to the Lender at the address stated on the face of this agreement.  It is the responsibility of the Lender to notify the TMA of any change in his/her address during the loan period.  If the legal ownership of the Loan should change during the period of this loan, whether by reason of death, sale, insolvency, gift or otherwise, the new owner will, prior to its return, be required to establish his/her legal right to receive the Loan by proof satisfactory to the TMA.  In case of death of the Lender, his/her legal representative is required to notify the TMA Registrar, giving full name and address in writing for the return of the Loan. 

 

12.         When the Loan is returned, the TMA will send a receipt form to the Lender, for signature. If this receipt is not signed and returned within 30 days after mailing, the Lender will be assumed to have received the Loans in satisfactory condition. If damage is discovered by the Lender, he/she will notify the TMA registrar by telephone within 15 days after delivery; original packing materials must be retained for inspection by the Insurer.

 

13.         If the TMA is unable to contact the lender within one month following the termination of the loan, and no special arrangements have been made for the return of the Loan, then the Loan will be maintained at the lender's risk and expense.



14.         Selected entries may be hand-delivered or shipped. All submissions that are shipped to the museum must have a prepaid return shipping label included. The Taubman Museum of Art is not responsible for the shipping costs of incoming or outgoing artwork.