CCOSI INSIDE Sculpture Delivery

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

The Museum shall maintain fine arts insurance coverage for all loaned artwork while they are in the Museum's care, custody, and control. Coverage shall begin when the artwork is physically received and accepted by authorized Museum staff at the Museum or another mutually agreed delivery location and shall remain in effect until the artwork is released to the lender, the lender's authorized representative, or a carrier designated by the lender for return shipment following the conclusion of the exhibition.

The Museum does not provide insurance coverage for artwork while it is being transported to the Museum by the lender, the artist, or any carrier engaged by the lender or artist. Likewise, the Museum's insurance coverage ends upon release of the artwork for return transportation and does not extend to transit after the artwork leaves the Museum's possession. The lender is solely responsible for obtaining any desired insurance coverage during inbound and outbound transportation.

Insurance shall be maintained in an amount not less than the mutually agreed insurance value stated in this Loan Agreement. In the event of a covered loss or damage, any claim shall be adjusted in accordance with the terms, conditions, limits, deductibles, and exclusions of the Museum's fine arts insurance policy.

The Museum shall exercise reasonable professional care in the handling, storage, installation, exhibition, security, and return of all loaned sculptures and shall follow generally accepted museum practices for the care of borrowed works of art.

Subject to the terms and conditions of the Museum's fine arts insurance policy, coverage includes direct physical loss of or damage to the artwork resulting from accidental causes, including accidental breakage, mishandling, vandalism, and theft.

The Museum's insurance does not provide coverage for loss of or damage resulting from:

1.             Normal wear and tear, gradual deterioration, aging, fading, discoloration, oxidation, corrosion, or other natural changes in materials.

2.             Inherent vice, latent defects, instability of materials, or deterioration arising from the nature or composition of the artwork.

3.             Defects in design, fabrication, construction, workmanship, or craftsmanship, including failures resulting from the artist's methods, materials, or fabrication techniques.

4.             Pre-existing damage or conditions that existed prior to the Museum's acceptance of the artwork.

The lender represents that each loaned artwork  is suitable for exhibition and has been fabricated and prepared for normal transportation, installation, display, and handling. The lender agrees to disclose any known structural vulnerabilities, special installation requirements, or handling precautions prior to delivery.

The Museum will promptly notify the lender of any theft, accidental damage, or other significant incident affecting a loaned artwork while it is in the Museum's care and will cooperate fully in the processing of any applicable insurance claim.

Nothing in this Agreement shall be construed as making the Museum responsible for loss or damage arising from defects, conditions, or deterioration inherent in the artwork itself. Except in cases of the Museum's negligence or willful misconduct, the Museum's liability shall not exceed the agreed insurance value stated in this Loan Agreement and shall be subject to the terms, conditions, exclusions, deductibles, and limits of the Museum's fine arts insurance policy.

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.