Incoming Loans

Incoming Loans. A. Policy: Authority for incoming loans is shared by the Museum Division director, the director of curatorial services, and the director of collections. The Museum Division may borrow objects from institutions and individuals for specific purposes such as exhibition and/or research. The Museum Division acknowledges and supports the American Association of Museums Guidelines on Exhibiting Borrowed Objects. Loans of objects from individuals are preferably limited to a time period of two years or less with an option for renewal if agreeable to both parties, but may, under special circumstances, be loaned for a specified time period of over five years at the recommendation of the Museum Division. Loans of objects from institutions are usually limited to a time period of five years or less, but may, under special circumstances, be loaned for a specified time period of over five years at the recommendation of the Museum Division director and with the approval of the Board of Trustees. To receive such approval, the Museum Division director will provide the Board with written justification for the loan request that considers the following criteria: 1. The object is of unique quality and relevant to a specific exhibition purpose of the Museum Division. 2. Care and custody of the object will not exceed the Museum Division's resources. 3. The extended loan of the object may lead to donation of the object to the Museum Division. A loan may be terminated before the agreed upon end date by either party, provided that written notice of termination is received thirty days in advance of the proposed early termination date. According to prior policy and in accordance with Mississippi’s Museum Unclaimed Property Act (Mississippi Code 1972 Annotated, Section 39-19), the Museum Division will not under any circumstances accept so-called “indefinite” or “permanent” loans. Objects on loan are to be provided with the same professional level of care afforded objects owned by the Museum Division. The Museum Division will not knowingly accept an object on loan if the physical condition is such that the object will not be able to withstand travel to and from the Museum Division and/or exhibition. Lenders to the Museum Division shall have obtained the object legally and ethically and have a clear and verifiable title of ownership to the object. Conditions governing the loan of objects to the Museum Division are printed on the form as follows: The Museum Division fully complies with Mississippi’s Museum Unclaimed Property Act (Mississippi Code 1972 Annotated, Section 39-19-1) and hereby notifies all lenders of said act. 1. Care and Preservation: a. The Museum Division will give borrowed objects the same care and protection as it does to comparable objects in its own collection. It is understood by the Lender and the Museum Division that all tangible objects are subject to gradual inherent deterioration for which neither party is responsible. b. Evidence of damage at the time of receipt or while in the Museum Division's custody will be promptly reported to the Lender. c. Unless there is a written agreement between the Museum Division and the Lender to the contrary, the Museum Division may apply conservation measures to property on loan to the Museum Division without the Lender’s or claimant’s permission if immediate action is required to protect the property on loan or if the loaned property is a hazard to the health and safety of the public or Museum staff. 2. Packing and Transportation: a. The Lender certifies that the object(s) lent are in such condition as to withstand ordinary strains of packing and transportation. b. Costs of packing and transportation will be borne by the Museum Division. The method of shipment must be agreed upon by both parties. c. The Lender will assure that said object(s) is (are) adequately and securely packed for the type of shipment agreed upon, including any special instructions for unpacking and repacking. Objects will be returned packed in the same or similar materials as received unless otherwise authorized by the Lender. 3. Insurance: a. Unless otherwise noted, the Museum Division will insure borrowed object(s) for the amount specified by the Lender herein which must reflect fair market value. If the Lender fails to indicate an amount, the loaned item is still insured. b. In the case of long-term loans, it is the responsibility of the Lender to notify the Museum Division of current insurance valuations. c. The amount payable by insurance secured in accordance with this loan agreement is the sole recovery available to the Lender from the Museum Division in the event of loss or damage. 4. Photography and Credit: a. Unless otherwise notified in writing by the Lender, the Museum Division may photograph or copy borrowed object(s) for record, educational, publication, and/or publicity purposes. b. It is understood that objects on exhibit may be photographed by the general public. c. Unless otherwise instructed in writing, the Museum Division will give credit to the Lender as specified on the face of this agreement in any publications. 5. Ownership and/or Address Change: a. To help prevent unclaimed loans, the “Lender’s Custodian” contact information must be completed for all loans from individuals. It is the responsibility of the Lender or their agent to notify the Museum Division promptly in writing if there is any change in ownership of the object(s) or if there is a change in the identity or address of the Lender. b. The Museum Division assumes no responsibility to search for a Lender (or owner) who cannot be reached at the address of record. 6. Return of Loans: a. Unless otherwise agreed in writing, with thirty days advanced notice, the loan terminates on the date specified on the face of this agreement. b. When the loaned object(s) is (are) returned, the Museum Division will send the Lender a receipt form. If this form is not signed and returned within thirty days after mailing, the Museum Division will not be responsible for any damages or loss. c. If the Museum Division, after making all reasonable efforts and through no fault of its own, is unable to return the object(s) within sixty days of the termination of the loan, then the Museum Division shall have the absolute right to place the object(s) in storage or to return them at the owner's risk and expense. If after five years such property shall not have been reclaimed, then, the Museum Division may seek title to the unclaimed property through Mississippi’s Museum Unclaimed Property Act. Complete records on all incoming loans are maintained in the collections office by the collections staff. B. Procedures: For objects on loan from individuals and institutions for a period of five years or less, an Incoming Loan Agreement must be signed by the Lender and an authorized Museum Division staff person (the Museum Division director, the director of curatorial services, the director of collections, or their designee). To help prevent unclaimed loans, the “Lender’s Custodian” contact information must be completed for all loans from individuals. This information gives MDAH a second contact if the Lender cannot be found. For objects on loan from institutions for a period of over five years, an Incoming Loan Agreement must be signed by the Lender and the Museum Division director. The Incoming Loan Agreement outlines the terms of the loan specifying the loan purpose, time period, insurance coverage, and the responsibilities of both the borrower and the Lender. Conditions for Incoming Loan requirements including care and preservation, packing and transportation, insurance, photography and credit, ownership and/or address change, and the return of loans are listed on the reverse side of the Incoming Loan Agreement. Copies of the Incoming Loan Agreement and Mississippi’s Museum Unclaimed Property Act will be provided to the Lender; Incoming Loan Agreements will be kept on file. A condition report on the borrowed object(s) will be prepared by the collections staff; a copy of the condition report will be provided to the Lender if requested. The Museum Division will normally photograph borrowed objects for recordkeeping and security purposes unless instructed by the Lender not to do so. The collections staff will be responsible for the packing, shipping, and/or transportation, and insurance coverage for borrowed objects. The Lender is responsible for the cost of any object appraisal(s) if needed for insurance purposes. The collections staff will monitor all incoming loans, document the safe return of borrowed objects to lenders, and maintain complete, up-to-date records on incoming loans filed by calendar year in which the loan was accepted. The Museum Division will make all reasonable efforts to return borrowed objects to the Lender in accordance with the terms outlined in the Incoming Loan Agreement and in accordance with Mississippi’s Museum Unclaimed Property Act. According to this law, the Lender must notify the Museum Division of any change with the object’s ownership or in the Lender’s address while the object(s) is (are) in the custody of the Museum Division. If the object(s) is (are) to be returned by mail or other carrier, the object(s) will be shipped to the owner to the address on record at the Museum Division’s expense by restricted certified mail or other means that requires a receipt to be returned to the Museum Division certifying that the package has been received. In addition, an outgoing receipt will be sent at the time of artifact shipment for the Lender’s signature. Failure to sign and return said receipt shall release the Museum Division from any further liability for the object(s). If the Lender fails to collect the object(s) or if delivery cannot be affected after the removal date, the Museum Division will mail the Lender at its address of record an official “notice to remove.” The Museum Division assumes no responsibility to search for a depositor, or listed owner, not located at that address. After making all reasonable efforts and through no fault of its own, if the Museum Division is unable to return the object(s) within sixty days of the termination of the loan, then the Museum Division will have the right to place the object(s) in storage. If after five years such property has not been reclaimed nor has the Museum Division received written communication from the Lender, Lender’s successor, or persons authorized to represent the Lender, the Museum Division shall terminate the loan following the provisions of Mississippi’s Museum Unclaimed Property Act. Once the provisions of Mississippi’s Museum Unclaimed Property Act have been fulfilled, title to the unclaimed loan passes to the Museum Division and the object(s) shall become property of the Museum Division. C. Transfer of Loaned Artifact Ownership If during the course of a loan, artifact ownership is transferred to a second Lender, a Notification of Transfer of Ownership form is to be completed by the original owner, new owner, and the Museum Division. The completed forms with all three signatures are then dispersed to each lender and the collections office. If the artifact will remain on loan, a new Incoming Loan Agreement will be completed, ending the previous loan agreement. If the artifact is removed from the Museum Division, procedures for returning the loan will follow the guidelines set forth in section Rule 1.3, B of this document.