Lending your work to an exhibition: the loan agreement

Reviewed as of 27 September 2026. If anything has changed, let me know and I will update it with the date of the change.

A museum, an art centre or a foundation asks you for a work for an exhibition. Other people will pack, transport, install and photograph it. A written agreement does not eliminate the risk, but it lets you identify it, share out responsibilities and set out what will happen if something changes.

This guide sets out common practice in the sector. It is not legal, tax, conservation or insurance advice. The specific policy and contract may depart from these practices.

Before accepting

Ask for the basic project information: organising institution, venues, dates, curators, participating works, purpose of the exhibition, planned duration and the person responsible for registration. If the exhibition tours, ask for the full itinerary.

Also make clear who is asking for the work and who signs. The organising institution, the exhibition space, the production company and whoever contracts the transport or insurance do not always coincide. The agreement must identify the party that takes on each obligation.

In writing

Many institutions use their own form or contract. Read it in full before signing. If it refers to general terms, annexes, a policy or a facilities report, ask for those documents. A conversation or an email may help to interpret what has been agreed, but should not replace the text that governs the loan.

The agreement should indicate the applicable law and how disputes will be resolved, particularly if the exhibition is held outside Spain. It must also provide for cancellation, force majeure, early closure and expenses already incurred.

Identification and ownership

The work must be identified by:

title, year and inventory number;
technique, materials, support and dimensions;
weight, duration, edition or components, where relevant;
identification photograph;
name of the owner and the lender, if they are not the same person;
agreed value for insurance purposes;
installation, operation and deinstallation instructions.

Only state what you can vouch for. If you are lending someone else's work, or a gallery, a collection or several owners are involved, check that you are authorised to arrange the loan and to grant the planned image uses.

Condition report

The condition report describes the state of the work before it leaves: cracks, losses, deformation, scratches, dirt, fragile areas, working order and any relevant previous intervention. It must include dated photographs and always use the same identifier as the contract.

The safest practice is to review and sign it at every critical stage: collection, arrival, installation, deinstallation and return. It is not the only possible proof of damage, but it lets you compare the condition of the piece with a documented reference.

The agreement must establish who may intervene if a problem arises. Except in an emergency where action is needed to prevent greater damage, the work should not be cleaned, repaired, restored or altered without the prior authorisation of the owner and, where applicable, the artist.

Insurance

It is common for the borrowing institution to take out 'nail-to-nail' insurance: from the moment the work is moved at its place of origin until it returns and is reinstalled, including packing, transport, storage, installation, display and deinstallation.

Before the work leaves, check:

the exact period and territories covered;
the insured value and the currency;
the risks, exclusions, excesses and limits;
who receives the indemnity;
how partial damage or loss of value is assessed;
whether terrorism, conflict, strikes, catastrophes, storage and international transport are covered where relevant;
whether there is a right of subrogation against carriers or other parties;
the procedure and deadline for reporting a claim.

Ask for the certificate and the relevant terms. A certificate proves that some cover exists, but it is no substitute for reading its limits. Do not claim that the insurer will simply accept the declared value: it must be recorded as an agreed value, or the valuation method must be set out.

For certain loans to public exhibitions, a state indemnity or another indemnity scheme may apply instead of a conventional policy. If so, ask for the scope, exclusions and claims procedure in writing.

Packing, transport and handling

The agreement must specify who packs, transports, stores, installs and deinstalls; which company will be used; who bears the costs; and whether a courier or representative of the lender will travel. Attach specific instructions on orientation, vibration, acclimatisation, tools, electricity, audiovisual playback, maintenance and replacement of components.

For sensitive works, ask for the facilities report for each venue. It must allow you to assess security, fire protection, access, invigilation, temperature, humidity, lighting, display cases, barriers, storage and emergency procedures. The conditions to require depend on the work, not on a universal figure.

Expressly prohibit unpacking, moving the work to another room, lending it to third parties or changing venue without authorisation when you want to keep that control.

Display, labelling and documentation

Set out how the artist's name, title, year, medium, ownership, provenance and photo credits will appear. If the owner wishes to remain anonymous, agree on a formula such as 'Private collection' and restrict access to their details.

State whether photographing or filming the gallery is allowed, whether visitors may take pictures and whether there are restrictions on light, flash, filming or live streaming. For installations and variable works, also keep a record of the approved installation.

Reproductions

Lending the physical work does not in itself grant rights of reproduction, distribution or communication to the public. Nor can the lender grant rights they do not hold. If the institution wants to use images in a catalogue, the press, on its website, on social media, in educational material, in advertising or in its archive, the agreement must specify:

who holds the rights or is authorised to license them;
which images may be used;
purpose, media, territory and duration;
whether the use is free of charge or remunerated;
credits and copyright notice;
permitted modifications, such as cropping or overprinting;
retention of files once the exhibition ends;
excluded uses, especially merchandise.

Permission to publicise the exhibition does not automatically cover posters for sale, T-shirts, prints or future institutional campaigns.

Dates, return and extensions

Distinguish the exhibition period from the loan period, which usually begins earlier and ends later. Set the dates for collection, installation, opening, closing, deinstallation and return. Any extension, tour or change of venue should require written authorisation and the prior extension of the insurance.

Set out what happens if the lender cannot receive the work on the scheduled date or if the institution delays the return. Make sure the contract does not allow the piece to be stored indefinitely without your knowledge.

Costs, fees and sales

In Spain there is no general exhibition fee that is mandatory for every private loan. Ask before signing whether there will be fees, production costs, per diems, travel, installation, maintenance or payment for new adaptations. Keep these items separate from transport and insurance.

If the work is for sale, the loan agreement should not turn by default into a consignment or commercial agency contract. Establish whether enquiries may be passed on, who negotiates, whether there is a commission and what happens if the work is sold during the exhibition.

Checklist before the work leaves

Contract and annexes signed by the right parties.
Work, components and owner identified.
Condition report and dated photographs.
Value, period and insurance cover confirmed.
Transport, packing, installation and return assigned.
Environmental and security conditions agreed.
Credits and image uses defined.
Dates, venues, extension and cancellation covered.
Costs, fees and possible sales clarified.
A copy of all the documentation kept in the work's inventory.

On the open conversation

This guide describes common practice, not identical obligations for every loan. The type of work, the institution, the policy, the country and the value may call for other conditions. If you work in registration, conservation, transport or insurance and notice a point that needs qualifying, the guide remains open.

Sources

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