Revised on 7 November 2026. Should any information have changed, please notify me and I shall update it.
A museum, foundation or gallery may request a work for an exhibition. Whether it belongs to you as an artist or is part of your collection, the loan is governed by the signed agreement; therefore, the contents of the agreement, the documentation accompanying the work and the specific considerations for private collectors are of paramount importance.
Before accepting
Request the essential information: the organising institution, venues, dates, curatorial team, purpose of the exhibition and the designated registrar. If the exhibition is travelling, obtain the complete itinerary. Clarify who is requesting the work and who is signing the agreement: the organising institution, the venue and the production company are not always the same entity as the party contracting transport or insurance, and the agreement must clearly identify the party assuming each obligation.
Many institutions utilise their own standard contracts. Read the document in its entirety and, should it refer to general terms, annexes, an insurance policy or a facility report, request these documents. If you are lending a work owned by another party, or if a gallery or multiple owners are involved, verify that you possess the necessary authorisation to lend the work and grant image usage rights.
The loan agreement
The agreement must identify the work with a catalogue entry and photograph, the exhibition, the venue or venues if it is a travelling exhibition, the departure and return dates, and the insurance value, which is determined by the lender.
It must also specify who pays for and organises packing and transport, and which company is engaged; the 'nail-to-nail' insurance or the public guarantee replacing it, with a certificate provided prior to departure; exhibition conditions, including light levels, humidity and temperature, the requirement for a display case, and distance from the public; the presence of a courier, a person who accompanies the work and supervises its handling, when its value or fragility necessitates this; the credit line to appear on the label and in the catalogue, including anonymity if preferred; image rights for the catalogue, press and website, and their scope; the procedure in the event of damage to the work, stipulating that no restoration shall occur without your written authorisation; and the conditions for return, including a deadline. If the exhibition is held outside Spain, the agreement must also specify the applicable law and the mechanism for dispute resolution, as well as the protocol in the event of cancellation or premature closure.
Regarding insurance, verify prior to departure the period and territories covered, the value and currency, exclusions, excesses and limits, the beneficiary of the indemnity, the method for assessing partial damage or loss of value, and the time limit for reporting a claim. A certificate confirms the existence of coverage, not its specific limits. The guide on insuring an artwork explains the State Guarantee. Should the work suffer damage, document it before taking any action and consult what to do if an artwork is damaged.
Dates, extensions and return
The loan period commences before the exhibition and concludes after it. Establish dates for collection, installation, opening, closing, deinstallation and return. Any extension, change of itinerary or change of venue should require your written authorisation and prior extension of the insurance. If you wish to retain control, prohibit unpacking, relocation to another gallery or lending to third parties without permission, and ensure the contract does not permit the indefinite retention of the work without notification.
Reproductions
Lending the item does not, in itself, grant rights of reproduction, distribution, or public communication, and the lender cannot grant rights they do not possess. If the institution intends to use images in a catalogue, press, website, social media, educational material, or advertising, the agreement must specify who may authorise this, which images, for what purpose, on what media, in which territory, and for what duration, whether it is free of charge or remunerated, the credits, the permitted modifications, and the excluded uses. An authorisation to communicate the exhibition does not include posters for sale, t-shirts, or future campaigns.
Documents accompanying the work
Facility report. This is sent by the institution requesting the loan: it describes the building, security, environmental control, lighting, and procedures. Read it before accepting.
Condition report. This is prepared upon departure, reviewed upon arrival and upon opening the packaging, and repeated upon return. Compare them. The guide on how to read a condition report explains the vocabulary.
Insurance certificate or guarantee document.
If you are lending as a private collector
Lending to a museum provides visibility and documentation for the work: being featured in an exhibition and its catalogue adds history and, often, value. In return, the work travels and is exhibited, which always entails risks.
You may request anonymity: the label will read "private collection". Also, request a copy of any professional photographs taken of the work.
Deposit or loan. A temporary loan is for a specific exhibition. A deposit leaves the work in the museum for years as part of its permanent collection. This is my interpretation: a deposit offers conservation and visibility in exchange for losing the use of the work during the term, and requires a more detailed contract regarding conservation, insurance, restoration, early withdrawal, and expenses.
Taxation. The free-of-charge assignment of the use of an asset to an entity covered by Law 49/2002 may be a form of deductible patronage if the beneficiary entity and the assignment comply with Law 49/2002. The basis for the deduction is not the market value of the work, but the expenses incurred by the lender during the assignment, provided they would have been tax-deductible had the assignment been for consideration. Ask the institution if it is covered and if it issues a certificate.
If you are lending as an artist
The same conditions apply, plus one: if the work is for sale, make it clear whether the space may inform visitors of this and what commission, if any, applies. A loan should not, through silence, become a commercial deposit: establish who negotiates and what happens if the work is sold during the exhibition. And if the exhibition requests the work from you without paying a fee, remember that you are granting an exhibition right; the guide on artist fees addresses this.
Checklist before the work leaves
Contract and annexes signed by the correct parties. Work and owner identified. Condition report with dated photographs. Value, period, and coverage confirmed. Transport, packaging, installation, and return assigned. Environmental and security conditions accepted. Credits and image usage defined. Dates, venues, extension, and cancellation regulated. Expenses, fees, and potential sales clarified. Copy of everything in the work's file.
Digital and technological work
Work involving equipment, software, or connectivity requires specific clauses regarding hardware, versions, installation, and maintenance. These are covered in the specific guide on lending digital and technological work.
Further reading
On the open conversation
If you work in museum registration or have lent work from your collection, your experience can improve this guide. This notebook remains open.
Sources
- Law 49/2002, arts. 17 and 18, as amended by Royal Decree-Law 6/2023.
- Act 16/1985, on the Spanish Historical Heritage, ninth additional provision, and Royal Decree 1680/1991, of 15 November, on the State Guarantee.
- Royal Legislative Decree 1/1996, of 12 April, consolidated text of the Intellectual Property Act.
- National Library of Spain, conditions for the loan of works to exhibitions.
- The Exhibitions Group, guidance clauses on loans and reproduction.