SPG Loan Agreement

Between:

Artist: (insert name)

&

Organisation:  (insert name, contact, address)

In regards to the Artwork:

described below

Date of    __ , __, 20__

The SPG Loan Scheme (SPG Loan) has been established by Sculpture Placement Group (℅ Brett Nicholls Associates, Third Floor Herbert House, 24 Herbert Street, Glasgow, G20 6NB) (SPG) to enable artists and organisations facilitate placements of artworks within community and organisational settings.

SAS has been set up to support sculptural production and extend the life of sculpture by helping to get sculpture out of storage and to give works a new audience. By taking part in the SPG Loan both parties, the Artist and Organisation, agree to the core principles of the scheme, which will be stated below, and the agreed parameters set out by both Artist and Organisation.

SPG Loan Scheme core principles

• Both Organisation and Artist agree to this Loan in good faith and in the spirit that SPG Loan has been set up.
• The Organisation agrees to take on custodianship of the Artwork,  (insert name)_____________(Artwork) and in doing so, will care for the Artwork within guidelines as set out by the Artist.
• The Artist agrees that the Artwork will be cared for by the organisation for the agreed time period and can only request it back through the agreed process and by giving the agreed notice.
• The Artist retains ownership of and title to the Artwork as well as all other rights including copyright.
• The Organisation does not have title and cannot pass title to the Artwork to any third party.
• The Artwork can be sold to the organisation (or another party agreed by the artist) but the Artist must be contacted before any agreement has been made and the procedures stated below in section 10 must be followed.
• The Organisation cannot profit from the sale of the Artwork and/or from use of the image of the Artwork without agreeing this first with the Artist including details of any remuneration that will be payable to the Artist. 

Organisation & Artist

Loan Costs, Duration and Commencement:

The Organisation agrees to adopt the Artwork for  _____ years (Loan Period). Following this Loan Period, the Loan will be reviewed.

The Organisation agrees to pay the Artist the following fees: 

• Consultation £_________
• Additional site visits and condition check £__________
• Fee for first year £__________
• Renewal Fee (payable annually for each subsequent year) £________

Both parties agree to be part of the SPG Loan Scheme as described in this Agreement and comply with the terms and conditions shown herein.

The Agreement will come into force, and risk in the Artwork will pass to the Organisation, once the Artwork has been delivered and installed at the following named location:  . _____

Artist and Organisation Roles Responsibilities:

Once the Loan is agreed the Artist and Organisation will agree between the parties who will take on responsibility for the following: 

• Condition checking and reporting of the Artwork (The  artist or a third party art handler should undertake this work) 
• Arranging transport of work 
• Insurance of work in transit and once installed and under the custodianship of the Organisation (unless the Artist waives the insurance obligation) 
• Installation of Artwork- it should be agreed by the Artist and Organisation in advance if this will be carried out by the Artist, qualified freelance technicians or in-house staff working for the Organisation
• Annual checks on condition of the Artwork- to be carried out by Artist in person or documented by the Organisation and signed off by the Artist remotely 
• Transport of work and return to the Artist at the end of the agreed period

Care of Artwork

The Artist will supply an Artwork Care Document in advance of the commencement of the Loan period outlining installation and care instructions and a condition report for the work at the point of Loan.

By Loaning the Artwork the Organisation agrees to take on full responsibility and care of the Artwork in accordance with the Artwork Care Document supplied by the Artist.

The Artist agrees that the instructions given within the Artwork Care Document, accompanying this contract, are sufficient and clearly outline the parameters the Organisation needs to uphold.

The Organisation will inspect the Artwork on arrival making reference to the Artwork Care Document and the Condition Report contained within it. Any variance must be reported via email with accompanying images straight away. Any damage notices after 48 hours of unpacking will be considered damage sustained whilst under the care of the Organisation.  

It is the Organisation’s duty to care for the Artwork as stipulated in the Artwork Care Document as supplied by the Artist and will take due care in keeping the Artwork safe and secure.

All cleaning and maintenance is the responsibility of the Organisation and should be carried out in accordance with the Artwork Care Document. Where the Organisation is unsure of how to deal with any issue arising with the Artwork they should immediately contact the Artist. 

The Organisation can not alter or change the Artwork in any way without prior agreement from the Artist.

If the Artwork is damaged during the Loan Period the Organisation should: 

_______________________________________________________________________

If the Artwork is deemed damaged beyond repair by the artist during the Loan Period the Organisation should: _______________________________________________________________________

If the Organisation wished to move the Artwork within the named location in the Agreement the Organisation should: ________________________________________________________

If the Organisation wishes to move the Artwork to a different location not named in the Agreement the Organisation the Organisation should: ________________________________________________________________________

Long-term storage of the Artwork must be approved by the Artist in advance of the Artwork being placed into storage.

Insurance:

Delete as appropriate:

The Artist is happy to waive all insurance.

OR

The Artwork __________ is to be insured to a value of  £_____________ by the Organisation and will cover (delete or add as appropriate) theft, fire, flood and accidental damage.

In addition, the Organisation will make sure that all other appropriate insurance such as Public Liability Insurance is in place during installation, display and de-installation.

Artist’s access to the Artwork:

The Artist can request the Artwork back if an opportunity to show the Artwork in an exhibition or project arises. The Artist needs to give at least ______ weeks’ notice to the Organisation. 

If the Artist requests the Artwork for an exhibition, all costs of de-installation, transport and re-installation must be covered by the Artist.

Ending of agreement early:

If either party (Artist or Organisation) decided to end the agreement early, the Artist and Organisation both agree to give each other at least ____ weeks’ notice before the removal of the Artwork.

Whichever party (Artist or Organisation) requests to bring the Loan Period to a close early must cover the cost of de-installation and transportation.

Transportation, Installation and De-installation of Artwork:

The Organisation is responsible for paying all transport, installation, de-installation, and return transport costs unless otherwise agreed in writing.

The Artwork will be returned to the original address stipulated in the Agreement or within a reasonable distance  of ___________________ if the Artist has moved studio or storage area. Any alternative arrangements must be made in writing.

The Artist will pay for cost if they request the Artwork, see section 4, or terminate the Loan early, see section 5.

Installation and de-installation must be done in accordance with the Artwork Care Document, see section 2.

If the Artwork arrived in crate or specialist packing material then the Artwork must be returned in the same packing and the Organisation must arrange for the crate and or material to be kept safe at their own cost until the Artworks return.

Artist’s additional terms

In addition to the standard agreement stated in this document the Artist requests the following: 

Organisation’s additional terms

In addition to the standard agreement stated in this document the Artist requests the following: 

Dispute Resolution

Any dispute (other than legal interpretation of this agreement) shall be referred at the request of either party to SPG, and to an independent expert where necessary. The cost of independent advice required will be paid by the Artist and Organisation, as agreed between them. 

Insurance and Sale of Artwork

There are two values that are attributed to the Artwork that shall be provided by the Artist and agreed with the Organisation in advance of the loan. The Artist should provide an insurance value for the Artwork, which is the amount that the Organisation should insure the Artwork for should the Artist confirm that insurance for the work be required. The Artist should also provide a Sale value for the work, which is how much money needs to be paid to the Artist should the Organisation or a Third Party wish to purchase the work. 

The Artwork should be insured for _________

The sale value of the Artwork is  _________

Any sales enquiry from a third party should be passed on to both the Artist and SPG as soon as possible. 

If a sale occurs due to the Artwork being in display through the SPG Loan Scheme the Artist agrees to following terms:

• If the organisation wants to Loan another work from the Artist to replace the sold item this should be negotiated directly with the Artist
• Costs of further transportation of works should be met by the Artist. 

Summation

This Agreement constitutes the whole agreement between the parties with respect to all matters referred to herein and superseded all earlier warranties, representations or statements made by the parties (whether orally or in writing).  

This Agreement is not binding until both Artist and Organisation sign it unless the artwork is onsite in which case the duty of care by the organisation is agreed to by the Organisation. Any change in any of the terms and conditions of this Agreement must be in writing and signed by the Artist  and Organisation. 

This Agreement shall be governed by and construed in accordance with Scots law and both parties agree to submit to the exclusive jurisdiction of the Scottish courts.

The parties agree and acknowledge that SPG will not be liable for any loss, damage or incident that may occur through the Loan process. Except as set out in this Agreement, all warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded from this Agreement.  The parties agree that regardless of cause, SPG is not responsible for, and neither party will not make any claim against SPG for, any indirect or consequential loss in connection with this Agreement or relating specifically to the Artwork. 

By entering into this Agreement the parties acknowledge that they have read and understood the terms and conditions and warrant that the person signing this Agreement for each party has the authority to do so.

IN WITNESS of which this Agreement has been duly executed by the parties.

Artwork Information & Care Document 

Image(s) of Artwork:

Loan Record: To be filled in when returned, and then repeated with subsequent loans