LOAN AGREEMENT PRET5 BY AND BETWEEN THE UNDERSIGNED:

Transcription

1 PRET5 LOAN AGREEMENT BY AND BETWEEN THE UNDERSIGNED: La Cinémathèque Française, a not-for-profit association governed by the Law of 1 July 1901, having its registered offices at at 51, rue de Bercy PARIS, represented by its Director, Mr Serge Toubiana, or his delegate, and duly authorised for this purpose, hereinafter referred to as the lender, ON THE ONE HAND, AND having its registered offices at, represented by, duly authorised for this purpose, hereinafter referred to as the borrower, ON THE OTHER HAND,

2 SPECIAL CONDITIONS PURPOSE In the framework of the exhibition [title of the exhibition] which will be held at [place], from to [duration], the lender hereby grants, as loan and in accordance with Articles 1875 et seq. of the Civil Code, to the borrower which accepts, subject to the clauses, charges and conditions arising by law and by custom in such matters and, in particular, subject to the special clauses set out below and subject to the general conditions appearing in an appendix hereto, the following original document appearing in the recapitulative list appended hereto. A schedule of condition concerning the state of the document shall be drawn up. It must be signed by the borrower and by the lender on each occasion on which the document is moved. DURATION The borrower undertakes to withdraw the document as of (1 month beforehand) and to return it (15 days afterwards). The borrower undertakes to comply with the announced dates for the duration of the exhibition. Any extension of this time must be the subject of a written request, a minimum of one month prior to the initially-agreed close date. A loan shall only be granted for one single exhibition. The loaned document may not be transferred to any place other than the place expressly referred to above. TRANSPORT The choice of carrier shall lie with the borrower (qualified art transport or other carrier). This choice shall be submitted in advance to the lender, which will grant its approval if the packing and security conditions appear to it to be satisfactory. The carriage costs (including for the return), the cost of packaging and travel shall be borne by the borrower. The document shall be withdrawn, packed and returned to La Cinémathèque Française Conservation Department, at: 51, rue de Bercy Paris. CREDITS / STATEMENTS For the exhibition: In the framework of this loan agreement, the borrower undertakes, prior to the exhibition of the document, to research and credit the authors and/or rights-holders of the exhibited work. For this purpose, the lender will provide the borrower with the information that it has, to the extent possible. The lender wishes to appear in the exhibition in the manner indicated in the recapitulative list. For one or more accompanying documents: In the event that the borrower publishes a document accompanying the exhibition (catalogue, poster, invitation card) involving its reproduction, the borrower undertakes to inform the lender in advance. 2

3 Similarly, the borrower undertakes to research and credit the authors and/or rights-holders of the reproduced work. The borrower undertakes to mention, clearly and legibly, the participation of La Cinémathèque Française at the place of exhibition and on all documents intended to inform the public and promote the event. For this purpose, the borrower must contact the Communication Department of La Cinémathèque Française in order to obtain the latter s logo (tel: / fax: ). In addition, the borrower undertakes to provide at least two copies of the publication to the lender, without charge. It is recalled that in the event of the exhibition of a loaned document or its reproduction in the documents accompanying the exhibition, the fact that La Cinémathèque Française is mentioned as lending body does not exonerate the borrower from the duty to research and credit the authors and/or rights-holders of the works. Cf. Article L of the French Intellectual Property Code prohibiting any use, representation or display, or reproduction without the consent of the author or his heirs and assigns. GENERAL CONDITIONS This loan, the special conditions of which have been previously defined, shall be subject to the following general conditions. RIGHTS OF THE RECIPIENT OF THE LOAN The borrower shall have the right, throughout the duration laid down in the loan agreement, to exhibit the document forming the subject-matter of this loan agreement and to present it to the public under the charges and conditions defined below. It is specified that the lender reserves the right to demand the early return of the document in the event of force majeure or if the general conditions of the loan are not complied with. CHARGES AND CONDITIONS This loan has been granted and accepted in good faith between the parties and in accordance with professional customs and practices, subject to the clauses, charges and conditions set out below which the borrower undertakes to comply with. - 1 / The borrower undertakes to seek and obtain the required authorisations for the exploitation of the work if said work has not entered into the public domain. The duration of authors rights is 70 years following the calendar year in which the author died. It is recalled that authors rights may lead to the refusal of certain displays and representations of the work in question. The lender shall not be liable for any use which has not been covered by all of the required authorisations. - 2 / The loaned document may not in any manner be moved to a place other than the address first written above without the lender s prior written agreement. - 3 / The borrower must not make any use other than that provided for in the framework of this loan agreement. 3

4 - 4 / If the work does not appear in the exhibition, the borrower undertakes to inform the lender in order to envisage, or not as the case may be, its immediate return to La Cinémathèque Française. - 5 / The borrower shall not make any changes to the object. - 6 / The borrower may not, whether gratuitously or for consideration, transfer or assign the document forming the subject-matter hereof, nor grant or allow the acquisition of any rights over said document. - 7 / The borrower undertakes, throughout the duration of the loan, to handle the document correctly and to guarantee the conditions necessary for the conservation of the work (temperature of 19, humidity of 50%, light at 50 lux), all of which being at its own expense and subject to its sole responsibility. - 8 / The borrower undertakes to provide La Cinémathèque Française with the contact details of any service provider to whom the borrower communicates the document for linen mounting, reproduction, framing, modelling or any other use. TO BE RETAINED ACCORDING TO THE FUNCTION OF THE LOANED DOCUMENT For a poster: - the poster must be exhibited under Plexiglas sealed to the wall. - the poster card must be exhibited in a frame sealed to the wall or in a locked presentation case. - the document and its supporting medium (linen mount, passe-partout etc.) must not be used for fixing the document and must not be altered in any way (size, cut or reframing). For a drawing: - the drawing must be presented in a locked presentation case - if security conditions so allow (alarm system and guards) it may be presented framed in Plexiglas sealed to the wall. For an archive document: - the archive document must be presented in a locked presentation case For a costume: - The borrower shall use the dummy, petticoats and materials loaned by La Cinémathèque Française for the modelling of the costume - No material which might damage the costume shall be used - The costume shall be presented in a presentation case 4

5 9 / The borrower must not under any circumstances proceed with any restoration work in the event of damage. INSURANCE The borrower undertakes to insure each work at the approved value, All Exhibition Risks, with no deductible, nail to nail, including the risks of damage, loss and destruction, with waiver of claims and no relinquishment in favour of the insurer for the entire duration of the loan (from withdrawal until return, including transport) and for the amount stated in the list appended hereto. The borrower undertakes to send the insurance certificate to the lender at least eight days prior to the collection of the document. No work shall be loaned before receipt of this certificate in good time. The borrower shall immediately inform the lender of any damage suffered by the loaned document and confirm this in writing. In the event of damage to the document, the borrower will bear the costs of restoration as decided by the lender. COSTS In the event of a loan of a non-linen-mounted poster, the borrower undertakes to bear the costs of linen mounting. The borrower shall also bear the cost of framing the document. All costs arising from the performance of the contract (insurance premiums, transport costs, etc.) shall be borne by the borrower. The borrower also undertakes to fund a return trip (transport + accommodation if necessary) for the lender, to enable the lender to itself observe proper compliance with the exhibition conditions laid down in this contract. RIGHT OF INSPECTION In addition, the lender shall at all times have the right to access the document at the place where it is being exhibited, in order to ensure that the agreed conditions have been complied with, throughout the duration of the loan. TERMINATION If the borrower should fail to perform one of the clauses, charges and conditions of this contract, the loan shall be fully and automatically terminated, without any further formalities being required, eight days following notice of breach summoning performance, setting out the lender s intent to rely on the benefit of this clause, which has remained without effect. JURISDICTION For any dispute arising in the performance or interpretation of this contract, and generally in the event of dispute, jurisdiction is hereby attributed to the Paris Tribunal de grande instance [district court]. DOMICILE The parties hereby elect domicile at their addresses as first written above. Executed in Paris, in two original counterparts, on For the Lender For the Borrower 5