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Museum loan contract, what details needed?
Adamskii
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South Australia, Australia
Member Since: November 06, 2010
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Posted: Tuesday, November 15, 2011 - 02:35 AM UTC
Unusual one this but I bet Im not the first to cross this bridge.

I have been contacted by both museums and military units who wish to display my recent diorama. I have decided this is a good thing and want to do it, however I want to put some safeguards in place in the form of a written understanding of what I expect in safekeeping, damage control etc.

My question is what sorts of things should I include in a "Loan contract" or "memorandum of understanding" or whatever else it should be called.

Not in any particular order, I would embilish upon the following points:

1 Diorama always remains my property,

2 an agreed term of time for the loan (proposed 3 - 5 years)

3 any repairs needed I be notified prior to them being started, plus any damage will be reported to me upon discovery

4 if the diorama is broken in any way, and cannot be repaired in situ, all the parts remain mine and will be returned to me regardeless of state (nothing gets thrown out or trophy hunted)

5 transportation - the diorama will not be moved by air or 3rd party couriered, and any transport will take place in the purpose build travel box.

6 transportation - that the diorama is to be a two person lift at all times

7 the group receiveing the diorama is responsible for its safekeeping after hours

8 the diorama will be returned to me at no expense to myself at the end of the term of agreed loan

9 the diorama must not be cleaned by any individual

The last bit I struggle with, but I guess its a business transaction as the diorama is certainly valuable as a piece of artwork, and probably should be treated the same way people loan works of art to galleries etc.. the cost of the item. I would like to nominate an agreed value for the diorama and have them either agree to it value if it is destroyed, lost or stolen, and that compensation will be paid within a certain timeframe.

This might sound high but I would value the diorama at around $8000 dollars AU. Cost of the parts alone is pushing $2.5K, but each of the vehicles (there are 3 ) I am advised have sold for as much as $1500 each (thats another 4.5k) and it is best of show winner, and took 2 years to build so barely $1000 added for man hours worked plus accolades won.. I figure as high as $10k would not be innapropriate. I doubt anyone would buy it at that cost but its a realistic price.

The army unit that has requested permission to display the diorama is in another state, about 3 thousand kilometers away so its not going to be something I can drop by and visit easy. The unit that wants it is the one depicted in the diorama (accurately) and has been built under their watchfull eye whjilst serving in the middle east.

Its a great honor to have this opportunity, I cant stress how much that means, but I have to be piudent . accidents happen and I doubt any insurance company will understand retrospectively the value or a few plastic models and plaster buildings...

I dont think its rude to ask them to sign some sort of document accepting the terms and responsibility. Maybe they will choose not to as its too great a risk ? the no one wins, and the diorama sits in my games room forever and maybe a few hundreed people see it ... at least in the foyer of an armoured squadron everyone would see it who is associated with that unit- especially the people who served!


So Iam interested in any comments. Does anyone one have any agreements like that where they have loaned things? does anyone suggest a format? do I need a legal thumb print on this ?

I am nervous about it, but I really want to make this happen (the loan)

PLease any comments welcomed.

Adam Lehmann.
Adamskii
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South Australia, Australia
Member Since: November 06, 2010
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Posted: Tuesday, November 15, 2011 - 02:44 AM UTC
a bit of update - something called fine art insurance may be applicable. I may need to get the diorama independantly evaluated as a piece of art, and then organise art insurance "wall to wall" as they call it , specifically for loans.

I get the feeling this is going to be a pandoras box.. a very deep big complicated one..
HeavyArty
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Posted: Tuesday, November 15, 2011 - 11:00 AM UTC
I would just donate them to the organizations. You can't really expect them to take perfect care of them like you would. I wouldn't hold them to any non-breakage contract myself, dodo occurs.
retiredyank
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Posted: Tuesday, November 15, 2011 - 11:51 AM UTC
I agree with Gino. Just donate it. You can't expect that they will maintane it how you want. Generally, though, museums will take excellent care of it. Just think of how well they are normally maintaned. Besides, if you donate it, it will be there long after you are gone.
AngryDog
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Posted: Tuesday, November 15, 2011 - 04:05 PM UTC
Hi Adam,

Before anything else I'll say, it's certainly an honor to be asked to display your Dio by both the Military and museums.

Your diorama is like a physical 3D photograph... Not only beautiful, but realistic, every little section of it is inspiring. It's easy to see the pain staking hours of thought, research and the work gone into it.

For sure your concerns are right to have some sort of insurance for it.
$10,000 value does not seem high to me...the details on the kits and prices you stated is enough to justify. Anyways, collectors are willing to pay..and it's a work of art you got there..So don't underestimate the value.

If I was in your situation, the Diorama will not leave my house for any "loan" unless it's protected by dollar value. Doesn't matter whether I'm a patriot or not, or want to honor the particular military unit or the nation by displaying my work. If they appreciate you, then they will be willing to safe guard the diorama. If they are not willing to, then you have to safe guard it.
I believe that in general, most people do not truly value an act or a gift if it is given totally free.

As for more exposure for your diorama, there's the internet, magazines and model shows to bring it to anyway.
Of course having it displayed at the actual military units and museums would maybe give you a sense of coming "full circle". But that is as good as giving it away for free and coming by finding it in the dumpster later. Whether or not it is "insured" -- can you deal with seeing your work messed up or even lost...? Will you sleep well at night for the next years? But seriously, that's why I feel that a claimable dollar value has to be attached to it, so not all will be lost if the worst happens....... So now, you have to ask yourself the first question --- if you are willing to sell the Diorama. If not, then keep it at home until you are ready....

I hope you get my meaning.

Best of luck
Nick
Adamskii
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Posted: Wednesday, November 16, 2011 - 02:32 AM UTC
@Gino and Matt, your commnets are very much appreciated. I feel guilty about complicating this with "an insurance". of course I dont expect people to look after it the way I would, but I would expect a level of respect, and regard for its value. I certainly didnt mean to hold them to non breakage contract - not at all! but I want to cover myself in the case of accidental breakage. It would be quite probable that if the diorama was dropped from waist height, or has something heavy fall onto it that it would be damaged beyond repair and the layperson may very well sweep all the bits up and place in a dustbin. Of course I could easily scavenge most of the resin accesories out of the ashes so to speak and reuse on other projects - even the vehicles could be most like repaired or if not used as scavenger vehicles for other projects. That kind of thing would annoy me if those opportunities were lost.l Also if there is a change of administration, and there is no formal documentation detailing the loan, then the new administrators may not necesarilly understand the principle of the loan and the duty to return it eventually.

I doubt anyone would do anything silly but as you say dod happens..

the cleaner in germany who ruined a million dollar work of art because she thought the wet wood was from a leak... and promptly cleaned the stain off... dodo happenss alright...

@Nick. yes I am willing to sell this diorama. Not for the cost of making it but for what it is worth.. I have long wrestled with this and in the end I come back to the same notion - Sooner or later I will come home and find my baby boy rolling the vehicles around in the sand pit... Or if stored in my games room, UV light will eventually fade it and decals will ift due to high summer temps, or the paints will or the adhesives will come unstuck and cause bits to fall off. SO every diorama is doomed I guess, its just how well built it is or how well stored it is that determines its lifespan. I suggest 10 years is acceptable ,15 - 20 is extraordinary.
I have steeled myself for the occasion i find my very detailed and meticulously rersearched and accurized models rolling around a sandpit or just plain damaged from curious fingers... So I think I can bear that thought . Also I have sold several prize winning static models before for good prices and have rarely felt any twinges of guilt for doing so. That said I do feel that This time around I want to get a win win situation. The borrower if its just donated takes no risk whatsoever and therefore is probably more careless, wheras if they are aware of consequence to careless risk they might be slightly more careful?

Like I said itsa pandoras box and im not sure I should complicate such a great opportunity.



Adam
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