CCOSI OUTSIDE Delivery/Installation

Care, Preservation, and Exhibition

1. The Cape Cod Museum of Art (CCMoA) will give objects borrowed the same care as it does comparable property of its own. Precautions will be taken to protect objects from fire, theft, mishandling, dirt and insects, and extremes of light, temperature and humidity while in CCMoA's custody. It is understood by the Lender and the CCMoA that all tangible objects are subject to gradual inherent deterioration for which neither party is responsible.

2. Evidence of damage at the time of receipt or while in CCMoA's custody will be reported immediately to the Lender.

3. The Lender will be requested to provide written authorization for any alteration, restoration, or repair. CCMoA, for its own purposes, may examine objects by all modern scientific methods.

4. CCMoA retains the right to determine when, if, and how long objects borrowed will be exhibited. CCMoA retains the right to cancel the loan upon reasonable notice to the Lender.

Transportation and Packing

1.  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 prior to shipment must be sent by the Lender to CCMoA. Otherwise, it will be assumed that the objects are received in the same condition as when leaving the Lender's possession. Condition reports will be made at CCMOA upon arrival and departure.

2. Costs of transportation and packing will be decided on a case-by-case basis. The method of shipment must be agreed upon by both parties.

3. The Lender will ensure that the said objects are adequately and securely packed for the type of shipment agreed upon and include any special instructions for unpacking and repacking. Objects will be returned packaged in the same or similar materials as received unless authorized by the Lender.

Insurance

1. Objects will be insured for the amount specified herein by CCMoA under its "all-risk" wall-to-wall policy subject 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, nuclear reaction, nuclear radiation, or radioactive contamination. Insurance will be placed in the amount specified by the Lender herein which must reflect fair market value. If the Lender fails to indicate an amount, CCMOA, with the implied concurrence of the Lender, will set a value for purposes of insurance for the period of the loan. Said value is not to be considered an appraisal.

2. If the Lender elects to maintain his own insurance coverage, then prior to shipping CCMOA must be supplied with a certificate of insurance naming CCMOA as an additional insured or waiving the rights of subrogation, or a letter stating the same. If the Lender fails to provide said certificate, this failure shall constitute a waiver of insurance by the Lender. CCMoA shall not be responsible for any error or deficiency in information furnished by the Lender to the insurer or for any lapses in such coverage.

3. If insurance is waived by the Lender, this waiver shall constitute the agreement of the Lender to release and hold harmless CCMoA from any liability for damages to or loss of the loan property.

4. The amount payable by insurance secured in accordance with this loan agreement is the sole recovery available to the Lender from CCMoA in the event of loss or damage.

Photo Reproduction and Credit

1. Unless otherwise notified in writing by the Lender, CCMoA may photograph to reproduce objects lent for educational, catalog, and publicity purposes. Unless otherwise instructed in writing, CCMoA will give credit to the Lender as specified on the Loan Agreement in any publications. Whether individual labels are provided for objects on display is at the discretion of CCMoA.

Change In Ownership and/or Address

1. It is the responsibility of the Lender or their Agent to notify CCMoA promptly in writing when there is any change in ownership of the objects (whether through inter vivos transfer or death) or if there is a change in the identity or address of the Lender. CCMoA assumes no responsibility to search for a Lender (or owner) that cannot be reached at the address of record.

Return of Loans

1. Unless otherwise agreed in writing, a loan terminates on the date specified on the Loan Agreement. If no date is specified, the loan shall be for a reasonable period of time, but in no event to exceed three years. Upon termination of a loan, the Lender is on notice that a return or renewal must be affected, or else a gift of objects will be inferred.

2. Objects will be returned only to the Lender of record or a location mutually agreed upon in writing by CCMoA and the Lender of record. In case of uncertainty, CCMoA reserves the right to require a Lender/Claimant to establish a title of proof satisfactory to CCMoA.

3. If CCMoA's efforts to return objects within a reasonable period (30 days) following the termination of the loan are unsuccessful, then the objects will be maintained at the Lender's risk and expense ($10.00 per day per piece storage fee) for the maximum of ninety (90) days. If after ninety (90) days the objects have not been claimed, then and in consideration for maintenance and safeguarding, the Lender/Owner shall be deemed to have made the objects an unrestricted gift to CCMoA.

Sales

Artwork selected for exhibition can be made available to the public for sale, with 60% of the proceeds going directly to the artist, 30% to the CCMoA, and 10% NESA. Artworks may also be listed as NFS (Not For Sale) at the artist’s discretion.

The Cape Cod Museum of Art reserves the right to exclude any submission from an exhibition for any reason. The Museum reserves the right to use images of exhibition works on its website or in the media for any promotional purpose.

Applicable Law

This agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts.