The National Museum of art, architecture and design’s general terms and conditions for lending art to exhibitions outside Norway

1. GENERAL TERMS AND CONDITIONS

1.1.  The general terms and conditions apply for all loans of artworks from Stiftelsen Nasjonalmuseet for kunst, design og arkitektur (referred to as ‘the National Museum’). If the Parties choose to agree to special conditions for loans, they shall be stipulated in Attachment 3, ‘Special Conditions’. The special conditions will then take precedence over the general terms and conditions.

1.2.  Any change in time, place, purpose, means of transport, transport route, security aspects, or other terms and conditions in the Loan Contract shall be communicated in writing to the National Museum as soon as possible, and shall require the National Museum’s advance written agreement before implementation.

1.3.  The National Museum can, at any time, inspect the Borrower’s exhibition venue, or demand documentation from the Borrower confirming that the requirements in the Loan Contract are upheld.

1.4.  Information regarding insurance values, transport routes, and security measures shall be treated confidentially and shall only be shared to the extent that is strictly necessary for carrying out obligations specified in the Loan Contract.

1.5.  All breaches of the Loan Contract give the National Museum the right to demand the works’ immediate return. The National Museum also reserves the right to demand that the works be returned due to circumstances which are not caused by the Parties.

 

2. COSTS AND CANCELATION

2.1.  For each artwork, the National Museum charges a loan fee of 6,000 NOK, which covers administration of the loan, conservation costs, and the condition report.

2.2.  In addition to the loan fee, the Borrower covers the costs of insurance, crate rental, shipping, and costs associated with any courier and escort services.

2.3.  The Borrower is obligated to keep the National Museum informed of any changes and, as soon as possible, to notify the National Museum about any cancellation of the loan. The Borrower will be invoiced for costs that have accrued up to the time when the National Museum receives the cancellation notice.

 

3. RESPONSIBILITY FOR DAMAGE, LOSS AND INSURANCE/STATE INDEMNITY

3.1.  The Borrower bears the risk for the works throughout the entire loan period and is liable for any loss or damage that may occur.

3.2.  The Borrower shall ensure the works for the total value stated in the Contract’s Attachment 1, ‘List of Works’. The insurance/state indemnity shall apply for the entire loan period, from the time the works leave the National Museum to when they return again – ‘nail to nail’. For traveling exhibitions, the Borrowers shall, in collaboration, insure the works for the entire loan period. The insurance policy/state indemnity shall contain a clause stating that the works remain the property of the National Museum regardless of any type of damage or loss that may occur and the amount of insurance that is paid.

3.3.  The National Museum can, in special cases, decide which insurance company the Borrower shall use, and the National Museum reserves the right to withhold the works or demand their immediate return if the insurance is found to be unsatisfactory.

3.4.  The insurance document must be received by the National Museum’s contact person at least 3 weeks before the transport date.

3.5.  In the case of damage, loss, or theft, the Borrower must immediately inform the National Museum’s contact person and do everything possible to limit the damage.

3.6.  For any incident of damage, the Borrower is obliged to follow it up with a written report describing the damage and circumstances around the incident.

 

4. TRANSPORT AND TRANSPORT SECURITY

4.1.  The National Museum organises the preparation of the works and orders suitable packaging for the transport.

4.2.  The Borrower orders the transport. The National Museum reserves the right to specify the transport method and pre-approve the choice of shipping agent.

4.3.  Road transport shall be done with two drivers, unless otherwise contractually agreed.

4.4.  If necessary, the National Museum will send a courier to accompany the works during transport. The courier will also assist with the condition check, mounting, and dismounting.

4.5.  The National Museum can demand that the transport of the works be divided up and, in special cases, that the transport be accompanied by an escort.

4.6.  Neither temporary stops during the transport process nor storage of the works in locations other than those previously agreed on are permitted without the National Museum’s prior consent.

4.7.  Unforeseen events must be immediately reported to the National Museum.

4.8.  If the National Museum has allowed the works to be transferred directly from one exhibition venue to another, the Borrowers are obligated to collaborate in order to ensure safe transferal.

 

5. REQUIREMENTS FOR EXHIBITION VENUES AND SECURITY

5.1.  The facility report for the exhibition venue shall be approved before the Loan Contract is signed. The Borrower guarantees that the exhibition conditions comply with the information in the facility report, as well as with any additional agreed-upon requirements as specified in Attachment 3, ‘Special Conditions’.

5.2.  The conditions of the unloading/loading area at the exhibition location must be such that even large works can be brought into a climatized zone without the packaging needing to be removed.

5.3.  There must be a plan for evacuating the artworks in situations of crisis. The National Museum reserves the right to demand that the Borrower provides a detailed and written description of the exhibition galleries and the security measures which the Borrower will implement during the loan period.

5.4.  The exhibition rooms shall have security systems as described in the facility report, plus any other contractually-agreed arrangements. The exhibition rooms must have necessary supervision, security personnel, and be under video surveillance. All alarms must be directly connected to the police, the fire department, or another alarm-receiving centre.

5.5.  The National Museum normally requires individual alarms on the artworks.

 

6. HANDLING AND MOUNTING

6.1.  When the works arrive at the exhibition venue, a representative for the Borrower shall be present.

6.2.  The Borrower shall ensure that only qualified personnel handle and mount the works, and that this is done in conformity with the National Museum’s instructions. See Attachment 3, ‘Special Conditions’, for more information.

6.3.  Unless other arrangements have been agreed upon by the National Museum, the crates shall be acclimatized for 24 hours before being opened.

6.4.  The Borrower shall store the crates and all packing materials in a clean area, to be used for the return transport and ensure that the works are repacked in accordance with the National Museum’s packing report. The crates shall be acclimatized for 24 hours before being used to repack the works for the return.

6.5.  The opening of the transport crates and the handling of the artworks should take place in the exhibition rooms or if this is not possible, in an acclimatized zone, with no painting or construction work underway.

6.6.  Nitrile gloves or comparable gloves are to be used for all handling of the works.

6.7.  During the unpacking process, the Borrower shall control the works and sign the condition reports to confirm that the condition of each work accords with the National Museum’s condition reports. If the Borrower finds a discrepancy, the National Museum shall be notified immediately. If this is not done, the Borrower cannot, later on, point to the condition of the work at the time of its arrival in order to reduce its (the Borrower’s) responsibility. The Borrower has the right to demand to check the condition of the works before the National Museum packs them for transport.

 

7. CARING FOR THE ARTWORKS

7.1.  Throughout the entire loan period, the Borrower shall ensure that the works are satisfactorily and, in a careful and good way, protected against all types of conditions (e.g., environmental, situational, etc.) that could damage them.

7.2.  The condition of the works shall be checked regularly throughout the loan period, and the National Museum is entitled to demand documentation of this.

7.3.  The works must not be exposed to sunlight or strong light from other sources or come into direct contact with or be placed near heat sources, air conditioners, humidifiers, ventilation vents, or other installations that could cause damage.

7.4.  The maximum for light, temperature, and humidity to which each individual work can be exposed during the loan period must never exceed the limits specified for each work. If any such limit is exceeded, the Borrower must immediately notify the National Museum with information about the incident and its cause.

7.5.  Eating, smoking, and drinking are strictly forbidden in the exhibition galleries or in any room where the works are stored during the loan period.

 

8. RETURN OF THE ARTWORKS, AND POSSIBLE LOAN EXTENSION

8.1.  The works shall be returned at the agreed time and in the same condition as they were in when they left the National Museum.

8.2.  Before repacking, the Borrower shall control the works, describe any changes in them, and sign the condition reports. If there are significant deviations in the condition of any work, the National Museum shall be notified immediately.

8.3.  The National Museum reserves the right to specify a different delivery location than that stated in the Loan Contract.

8.4.  The Borrower can apply to the National Museum to extend the loan. This must be done well in advance and will require an extended insurance period.

8.5.  After the exhibition ends, the Borrower shall report the number of visitors to the National Museum’s contact person.

8.6.  One copy of the exhibition catalogue shall be sent to the National Museum’s library.

 

9. PHOTOGRAPHY, INTELLECTUAL PROPERTY RIGHTS, AND GIVING CREDIT

9.1.  It is permissible for visitors to photograph the works from the National Museum, but this must be without artificial light, a flash, or any type of tripod or selfie-stick.

9.2.  The Borrower is allowed to photograph and film the works to the extent needed for visitor programmes and documentation. The works may, however, be protected by intellectual property rights, and Borrowers are responsible for obtaining the necessary permission from the creator or other rights holders in cases where this is necessary. For example, intellectual property rights may apply to both reproductions of a work and to the use of photographic images.

9.3.  The National Museum shall be indemnified against any claim that may arise due to the Borrower’s breach of third-party rights.

9.4.  The Borrower shall ensure that rights holders are correctly credited in accordance with the provisions of the Norwegian Copyright Act. For publications, the work’s title and the names of the artist, the photographer, and the National Museum shall be presented in texts that accompany photographic material. See Attachment 4, ‘Practical Information’.

9.5.  The National Museum shall be credited as the lender on work labels and in other contexts where crediting is natural. For more information, see Attachment 3, ‘Special Conditions – Crediting’.

9.6.  Work titles shall be presented in accordance with how they are written in this contract’s Attachment 1, ‘List of Works’.

 

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1.  The loan and all legal terms and conditions emanating from it are subject to and shall be governed by Norwegian law. The Parties shall seek to resolve any dispute through negotiations. If no solution is achieved, the case shall be submitted to the ordinary courts. The correct legal venue shall be Oslo District Court (Oslo tingrett).

ATTACHMENT 3: SPECIAL CONDITIONS

Changes to, and/or additional specifications to the National Museum’s general loan requirements regarding:

• SECURITY
• CREDITING
• HANDLING
• MOUNTING
• COURIERS

Costs relating to courier assignments:

Travel within Europe: Economy class with changeable tickets
Travel overseas: Business class with the artworks, and Economy with changeable tickets
Hotel in close proximity to the Borrowing institution
Local travel costs (e.g. to and from the airport)
Per diem for the courier:
The courier from The National Museum cannot accept per diem in cash.

The Borrower will receive an invoice from the National Museum in the aftermath of the travel, including the per diem amount and local travel costs.

The per diem is based on the Norwegian Authorities’ foreign rates. The rates are adjusted on a yearly basis and is subject to change.

• OTHER

 

ATTACHMENT 4: PRACTICAL INFORMATION

CREDITING AND THE USE OF PHOTOS

Intellectual property-rights holders shall be credited in accordance with good practice, as outlined in the Norwegian Intellectual Property Act, § 5. If the Borrower has obtained necessary permissions and a license with BONO (the Norwegian Visual Artists Copyright Society) or its sister organisation in your country, this shall normally be made clear in the credits. See the following example for how to credit an artwork: Artist, Title, © Artist / BONO, Photo: Photographer / the National Museum.

 

DOWNLOADABLE PICTURE FILES

The National Museum has an extensive digital collection. Digital image files that can be used for free (CC-BY licence) can be downloaded free of charge from this link: Collection – Nasjonalmuseet

If an artwork is not photographed, or if you want high-resolution image files, for example for a publication, you can order them for a fee. See: Photo Agency – Nasjonalmuseet

If an artwork is not photographed, or if you want high-resolution image files, for example for a publication, you can order them for a fee. See: https://www.nasjonalmuseet.no/en/about-the-national-museum/collection-management---behind-the-scenes/photo/photo-agency/

If you have any questions about images of artworks, please contact the National Museum’s Photo Agency: photo@nasjonalmuseet.no