BORROWER’S AGREEMENT
Date:
Borrower:
Month, Day, Year
Name of Company
Address:
Phone:
Fax:
Representative:
Contact person:
Email:
Exhibition:
Venues and Dates:
Exhibition Name
Name of Venue
Month, Day, Year – Month, Day, Year
Loan Period:
From the time the Object(s) leave Lender’s premises to the time
Object(s) are returned, including all exhibition dates.
BORROWERS AGREEMENT
Al Saud Building; 3rd Floor; Al Mina Road; Al Jubail Area; Sharjah, UAE; Po Box 2
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THIS AGREEMENT is entered into on Month, Day, Year (the “Effective Date”) by and between
Sheikh Sultan Sooud Al-Qassemi (herein referred to as “Lender”) and Name of Institution (herein
referred to as “Borrower”).
WHEREAS Sheikh Sultan Sooud Al-Qassemi is the sole owner of all the artwork and has authority
to exercise all the rights relating to the artwork loaned to Borrower, including but not limited to the
right to exhibit and loan works of art;
WHEREAS, the “Lender” has in his collection the artwork listed in Annex A here to referred to as
the “Objects”. All Objects listed in Annex A will be attached to this Agreement.
WHEREAS, Borrower desires to borrow the Objects and to exhibit it as part of the exhibition titled
“Title” and Lender desires for the Borrower to borrow and exhibit the Objects as part of the
exhibition.
WHEREAS the Borrower will cover all related costs for packing, insurance, installation, storage
and any specialised transportation of the Objects to and from the Lender and Exhibitions. The
responsibilities of the Borrower in relation to the Objects resulting from this Agreement commence
with the collection of the Objects from the Lender and end with its return to the Lender.
THE AGREEMENT will commence with members of both parties sign this AGREEMENT.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Grant of Rights
Sheikh Sultan Sooud Al Qassemi hereby grants to Borrower the right to exhibit the Object(s) as part
of an exhibition entitled “Title” to be held at Name of Institution from Month, Day, Year – Month, Day,
Year. Any changes in the dates or venues of the Exhibition must be approved, in writing, in advance
by Sheikh Sultan Sooud Al-Qassemi co/ the Barjeel collections coordinator.
2. Ownership of Loaned Material
Borrower acknowledges Sheikh Sultan Sooud Al Qassemi’s ownership of the Object(s) and
represents and warrants that it will not dispute the ownership, validity or enforceability of any of his
rights therein or exercise of those rights by Sheikh Sultan Sooud Al Qassemi.
3. Care of Loaned Material
The Object(s) lent by Sheikh Sultan Sooud Al Qassemi shall remain in the condition in which they
are received. Borrower shall exercise the highest degree of professional care in handling the
Object(s). The Object(s) shall not be unframed, unglazed or removed from mats, mounts, or bases, or
altered in any way without the prior written consent of Sheikh Sultan Sooud Al Qassemi co/ the
Barjeel collections coordinator. The Lender shall provide an outgoing condition report, including
photographs of the Object(s) (the “Condition Report”), with shipment of the Object(s). Upon arrival
at each venue the Object(s) will be placed in a secure storage area to acclimatize.
A full condition report should be conducted upon arrival of the artwork to the Borrower. It is
preferred that The Borrower to sponsor a representative of the Lender to oversee the unpacking of
the Object(s) however this aspect is negotiable with Borrower.
The Borrower and Lender’s Courier will oversee the unpacking of the Object(s), along with the
venue Registrar, will examine the Object(s) and note any changes in the condition of or damage to
the Object(s). At the close of the Exhibition the Borrower and Lender’s Courier (if available) and the
Al Saud Building; 3rd Floor; Al Mina Road; Al Jubail Area; Sharjah, UAE; Po Box 2
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venue Registrar will examine the Object(s) and make note of any changes. Borrower and Lender’s
Courier will oversee the de-installation and crating of the Object(s). The Object(s) may not be
subjected to a technical examination of any kind except with written permission of Sheikh Sultan
Sooud Al-Qassemi co/ the Barjeel collections coordinator.
4. Packing/Shipping/Unpacking of Loaned Material
The Object(s) must be encased in a crate impervious to all environmental hazards, including
temperature, moisture, pollutants and UV light at all times during shipment both to and from the
Lender’s premises. When not in use the crate(s) shall be stored in appropriate environmental
conditions to ensure that the crate interior is between 45-55% RH. All packing, shipping, courier
accompaniment, transportation and customs arrangements made by Borrower, both to and from the
Exhibition must be submitted to the Lender for review and approval at least four weeks in advance
of initial shipping and two weeks prior to the return of the Object(s) to the Lender. If the Lender
determines, in its sole discretion, that any of the packing, shipping, transportation or customs
arrangements proposed by Borrower fail to meet the Lender’s requirements or are otherwise
unacceptable, the Lender may make arrangements for or provide such services, the cost of which
shall be paid by Borrower.
The Lender further requires all shipments to be scheduled via the most direct route. All vehicles
used to transport the Object(s) must be equipped with an air-ride suspension and climate control, be
manned with dual drivers and must never be left unattended. Only qualified members of Borrower’s
staff may unpack, repack, and handle the Object(s). Commercial firms, if used to assist in the packing
and/or unpacking of the Object(s), must be approved in advance by the Lender and must be
supervised at all times by Borrower’s staff.
5. Storage of Loaned Materials.
Storage of the Object(s) off Borrower’s premises or the specified between Exhibition bookings is not
permitted without the specific consent of the Lender.
6. Couriers (for international loans)
If it is with in the ability of the Borrower a courier is required for all shipments and Borrower shall
be responsible for all costs and expenses associated with couriering. Only the Lender’s staff and
Borrower’s registrars, preparators, or curators may be couriers. Provided, at any time prior to or
during the loan period, the Lender reserves the right to designate the courier for any or all
segments of the Object(s) transport. Borrower shall be responsible for the Lender’s courier costs, as
follows: roundtrip economy class airfare on international flights; accommodations in a three star, or
better, hotel (or its equivalent) for up to four (4) nights international and one (1) night domestic;
local transportation, and small miscellaneous travel expenses for duration. If there are difficulties in
routing or travel falls on weekends or holidays, the Borrower will be responsible for additional hotel
expenses and the per diem should be adjusted accordingly.
7. Forwarding Agent/Customs Broker (for international loans)
Borrower shall retain the services of a forwarding agent and customs broker for the United Arab
Emirates and Country that comply with the standards for artwork transport. The Lender must
approve the international forwarding agent prior to shipment. If the Lender determines, in its sole
discretion, that any of the customs arrangements proposed by Borrower fail to meet the Lender’s
requirements or are otherwise unacceptable, the Lender may make arrangements for or provide such
services, the cost of which shall be paid by Borrower. All customs clearance shall be arranged prior
to arrival of the Object(s) in Country. The Object(s) may only be inspected after it has had time to
acclimatize upon arrival (24-48 hours).
Al Saud Building; 3rd Floor; Al Mina Road; Al Jubail Area; Sharjah, UAE; Po Box 2
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8. Installation
Borrower shall maintain constant and adequate protection of the Object(s) from the hazards of fire
and theft in accordance with standard museum practices. Only appropriately trained personnel
should handle the object(s) and gallery preparation shall be complete prior to installation of the
Object(s).
9. Attribution
The Lender subscribes to adding the below credit note to all reproductions of the Artworks in the
catalogues, and any related material or platforms where the artwork is featured. The artwork on
display must have a credit note adjacent to the work. The Lender will be credited in all references to
the Artworks in publications and in the exhibition itself. The credit note should read the following:
“Property of the Barjeel Art Foundation, Maraya Art Centre, Al Qasba, Sharjah”
Any images from the Lender that is property of the lender will require prior accreditation. Photo
courtesy note should read the following.
“Image courtesy of the Barjeel Art Foundation”
All citations and use of the Artwork should be discussed and approved prior to release dates of
publications. Failure to credit the Borrower in marketing material where artwork is used will be a
penalty charge of 1000 USD.
10. Exhibition Environment
Borrower shall maintain the following conditions in the Exhibition space 24hours a day:
Temperature range of: 21°C ±3°, Relative humidity of: 50% ±5%
Maximum light levels: Painting: 20 footcandles (200 lux)
Works on paper: 5 footcandles (50 lux)
The Object(s) shall not be displayed in close proximity to sources of heat/cold air or windows. No
food or beverages are allowed in the areas where the Lender’s Object(s) is located, nor may smoking
be permitted in those areas.
11. Exhibition of the Loaned Material
Borrower shall exhibit the Object(s) in a tasteful manner and in accordance with the environmental
conditions contained herein. Borrower shall take all steps necessary to prevent unauthorised
photographing, taping, filming, videotaping or handling of the Object(s) by unauthorised personnel
or in a manner that could damage the Object(s).
12. Return of the Loaned Material
If Borrower elects not to exhibit the Object(s), it shall promptly notify the Lender to that effect and
shall make arrangements with the Lender to return the Object(s) within an agreed timeframe. If the
Borrower elects to exhibit the Object(s), the Object(s) shall be returned to Lender within one month
after the close of the Exhibition or as otherwise may be agreed upon by the parties.
13. Security
Borrower shall maintain a sufficient number of guards for adequate security in the building 24 hours
Al Saud Building; 3rd Floor; Al Mina Road; Al Jubail Area; Sharjah, UAE; Po Box 2
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a day. A guard must be posted at each entrance/exit to the building during public hours. All
exterior openings, including accessible windows, roof doors and air ducts, must be secured by alarm
at all times.
14. Insurance.
14.1 The Borrower will maintain insurance coverage on the Object(s) listed on this Borrower’s
Agreement for exhibitions and shall provide a certificate of insurance evidencing such coverage and
naming the Borrower as additional insured. The Borrower should arrange insurance coverage for
each venue that complies with museum standard fine art insurance.
14.2 The Borrower accepts full liability for damages, loss or theft of the loan. Furthermore, the
Borrower accepts the liability for damages occurring from the time of collection of the Artworks
until return to the Lender. This includes all periods of transportation, installation, storage and
packing for the Object(s) and during the exhibition. The Borrower’s liability for damages includes
the insurance value of the Object(s) and any other related costs related to repair.
ADDITIONAL CONDITIONS FOR INTERNATIONAL LOANS
Both parties will adhere to applicable government regulations in international shipments. Unless
otherwise stated in writing, the Borrower is responsible for adhering to its country’s import/export
requirements. Borrower will protect Object(s) from damage during its customs inspections and will
make every effort to ensure that customs examinations are made only on Borrower’s premises or
that of the different venues. If the nature of the material to be exported falls within the types
addressed by the UNESCO Convention, Borrower should verify its status in the importing country
before signing this loan agreement.
Lender requires a declaration of immunity from seizure if available. The provisions of this
Borrower’s Agreement are subject to the doctrine of force majeure.
15. Costs.
Borrower shall pay all costs arising from the loan of the Object(s), including but not limited
to, all fees, costs, and expenses associated with the framing, packing, crating, shipping, storage,
proper installation, handling, couriering, exhibiting, special mounting, glazing, insuring,
photographing and publicizing the Object(s). If Borrower elects to cancel the exhibit or otherwise
terminate the loan, Borrower shall reimburse Sheikh Sultan Sooud Al Qassemi for any costs or
expenses incurred by the Lender arising from or related to the loan of the Object(s) to Borrower.
16. Photography/Credits/Publicity.
The Object(s) may only be photographed as part of installation views to record the specific
installation and exhibition of the Object(s). The Borrower shall take any photographs of the
Object(s) required by Borrower for catalogue or publicity purposes with permission from the
Lender.
Information about the Object(s) used for catalogues, labels or for any other purposes should be
shared with the Lender. Borrower shall provide copies of all catalogue and publicity material to the
Lender for review and approval prior to distribution. The Lender shall be given reasonable advance
notice of any publicity events planned for or during the Exhibition such that the Borrower, at its
own cost, may participate fully therein. Permission is granted to use the image for non-commercial
educational purposes and publications made in connection with the Exhibition. The Borrower shall
receive two copies of all printed materials. It is the responsibility of the Borrower to obtain
appropriate copyright permissions.
Al Saud Building; 3rd Floor; Al Mina Road; Al Jubail Area; Sharjah, UAE; Po Box 2
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17. Sales.
No derivative products can be produced by or for Borrower without the prior written permission of
the Borrower.
18. Immunity from Seizure
To the extent permitted by law, Borrower shall take all steps necessary to provide immunity from
seizure protection.
19. Recall of Loaned Object(s).
The Borrower reserves the right to waive, reactivate or add to the loan conditions with due notice,
but also to recall the loan at any time and without cause upon ten days’ notice to Borrower.
20. Miscellaneous
20.1 Controlling Terms.
In case of any conflicts between this Agreement and the Borrower’s other contractual arrangements,
this Agreement will control.
20.2 Governing Law
In the event of any dispute, the laws of Sharjah, United Arab Emirates and any legal action in
connection with this Agreement shall be filed in a court of competent jurisdiction in Sharjah, UAE,
to which jurisdiction and venue Borrower expressly agrees.
20.3 Assignment
This Agreement shall not be assignable or otherwise transferable by Borrower without the prior
written consent of the Lender. Any assignment of the rights granted herein made in violation of this
provision shall be void.
20.3 Relationship of the Parties
Nothing herein shall be construed to place the parties in a partnership or joint venture together.
Borrower shall not have the power to bind or obligate the Lender in any manner.
20.4 Entire Agreement
This Agreement sets forth the entire agreement between the parties relating to the subject matter
contained herein and may not be modified or amended except by written agreement signed by the
parties hereto.
20.5 Severability
The provisions of this Agreement shall be deemed severable. Therefore, if any part of this
Agreement is rendered void, invalid or unenforceable; such rendering shall not affect the validity
and enforceability of the remainder of this Agreement.
20.6 Counterparts
This Agreement may be executed by the parties hereto in separate counterparts each of which when
so executed shall be deemed to be an original and all of which when taken together shall constitute
one and the same document.
20.7 Waiver.
Al Saud Building; 3rd Floor; Al Mina Road; Al Jubail Area; Sharjah, UAE; Po Box 2
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Any waiver by either party of a breach of any provision of this Agreement shall not operate as or be
construed to be a waiver of any other breach of such provision or of any breach of any other
provision of this Agreement. The failure of either party to insist upon strict adherence to any term
of this Agreement on one or more occasions shall not be considered a waiver or to deprive such
party of the right thereafter to insist upon strict adherence to that term or any other term of this
Agreement.
This loan has been approved on the basis of insurance and facilities information provided by
the Borrower. Any changes in the Borrower's facility or insurance coverage, limits or terms,
must be presented to the Lender in writing when such information is made available to the
Borrower.
I hereby agree to the above conditions. (Organisers may sign on behalf of all Borrowers)
The lender/borrower acknowledges that he/she has full power to make/request this loan, that
he/she has read the conditions stated in this document and that he/she agrees to abide by said
conditions.
[Institution, City]
Name, Position
_______________________________________ _________________________________
Signature
Date
Sheikh Sultan Sooud Al-Qassemi (Barjeel Art Foundation under formation)
Founder and owner
_______________________________________ _________________________________
Signature
Date
(Barjeel Art Foundation under formation)
Collections coordinator
_______________________________________ _________________________________
Signature
Date
Al Saud Building; 3rd Floor; Al Mina Road; Al Jubail Area; Sharjah, UAE; Po Box 2
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Please sign, date and return all copies of this form to the address below. Lender’s agents will cosign
and return your original copy to you.
Al Saud Building; 3rd Floor; Al Mina Road; Al Jubail Area; Sharjah, UAE; Po Box 2
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Annex A
ARTIST:
Title:
Year:
Media:
Size: w x h cm
General Condition:
Insurance Value: XXXXX USD
Al Saud Building; 3rd Floor; Al Mina Road; Al Jubail Area; Sharjah, UAE; Po Box 2
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