16 MAC Pt. 5, R. 1.5
Outgoing Loans
Cite as 16 Miss. Admin. Code Pt. 5, R. 1.5
Outgoing Loans.
A. Policy:
The Museum Division may lend objects to qualified museums for specific purposes
such as exhibition and/or research for a specified time period if such museums meet
professional standards of collections care and management. The Museum Division will
not under any circumstances lend objects to individuals. Outgoing loans to qualified
museums will be permitted for a period of five years or less with an option
for renewal if agreeable to both parties. No object will be lent if its physical condition is
such that the object will not be able to withstand travel and/or exhibition.
The Museum Division will not lend objects which are needed for exhibition and/or research
purposes. Authority for outgoing loans is shared by the Museum Division director, the director
of curatorial services, and the director of collections, subject to the approval of the Board of
Trustees.
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.
Conditions governing the loan of objects from 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
Borrowers of said act.
1. Care and Preservation:
a. Object(s) borrowed from the Museum Division shall be given special
care at all times to guard against loss, damage, or deterioration. The
Borrower agrees to meet any special requirements for installation and
handling.
b. Any loss of or damage to object(s) is to be reported to the Museum
Division immediately, followed by a written report and photographs.
c. No alteration, restoration, or repair shall be undertaken by the
Borrower without the written authorization of the Museum Division.
d. Object(s) must be maintained in a fireproof building under 24-hour
security and protected from extreme temperatures and humidity,
excessive light, and from insects, vermin, or dirt. Object(s) will be
handled only by experienced personnel.
2. Packing and Transportation:
a. Packing and transportation arrangements must be approved in advance
by the Museum Division.
b. Unpacking and repacking must be performed by experienced
personnel under competent supervision. Repacking must be completed
in the same manner in which the item was received. Any additional
instructions will be followed.
c. Packing and transportation costs shall be borne by the Borrower.
3. Insurance:
a. Object(s) shall be insured for the period of this loan for the amount
stated in the agreement. Prior to shipment of the object(s), the
Borrower shall supply the Museum Division with a Certificate of
Insurance or a copy of the policy made out in favor of the Museum Division. If the
borrower does not have insurance, the artifact is covered by the MDAH Fine Arts
Insurance policy while on loan.
b. Insurance values may be reviewed periodically, and the Museum
Division reserves the right to increase coverage if reasonably justified.
In the event of loss or damage, the Borrower's maximum liability will
be limited to the insurance value then in effect.
4. Photography and Credit:
a. All objects, unless otherwise specified, shall be credited as from the
collection of the Museum Division, Mississippi Department of
Archives and History.
b. Unless otherwise notified in writing, the Borrower has the right to
photograph and reproduce photographs of borrowed object(s) only for
record, publicity, and/or publication purposes directly related to the
loan. Photography for commercial purposes is prohibited.
c. All publication of photographs of borrowed object(s) must
acknowledge that the object(s) is (are) property of the Museum
Division, Mississippi Department of Archives and History.
d. The Museum Division must receive a copy of any exhibition
catalogue, brochure, or other publication associated with the loan.
5. Loan Costs:
a. The Borrower will be responsible for all costs associated with loans
from the Museum Division, including but not limited to:
i.
Packing,
ii.
Handling,
iii. Shipping,
iv. Insurance,
v.
Photography,
vi. Courier accompaniment, and
vii. Any special crating or framing requirements.
b. The Museum Division may require advance payment for costs
associated with loans from the Museum Division.
6. Return of Loans:
a. Object(s) must be returned to the Museum Division in satisfactory
condition by the stated termination date. An extension of the loan
period must be approved in writing by the MDAH Board of Trustees
and be covered by an extension of insurance coverage.
b. The Museum Division reserves the right to recall object(s) from loan
and will make every effort to give reasonable notice. Furthermore, the
Museum Division reserves the right to cancel the loan immediately if
the Borrower fails to abide by the conditions of the loan.
7. Borrower Responsibility and Loan Agreement Forms:
a. If an exhibition is to travel to more than one venue, it is the
responsibility of the organizing institution to see that the conditions
set forth in this document are met at all other exhibiting institutions.
b. In the case of any difference between this agreement and any forms
of the Borrower, the terms of this agreement shall be controlling.
Complete records on all outgoing loans are maintained in the collections office by the
collections staff.
B. Procedures:
Museums seeking to borrow an object(s) must make a request to the director of
collections stating the specific object(s), purpose, and time period of the proposed loan,
and guaranteeing payment of all costs associated with the loan including packing,
shipping, and/or transportation. A General/Standard Facilities Report will be
purchased from the American Alliance of Museums by the proposed Borrower,
completed, and returned to the director of collections in a timely manner.
The Collections Committee will review the loan request and the completed
General/Standard Facilities Report to determine if the proposed Borrower meets
professional standards. If professional standards are not met by the proposed
Borrower, the director of collections will notify the proposed borrower.
If professional standards are met by the proposed Borrower and if the loan of the
object(s) will not endanger its physical condition or interfere with the Museum
Division's own exhibition and/or research needs, the Museum Division director may
make a written recommendation to the Board of Trustees to approve the loan. Upon
approval by the Board of Trustees, the Museum Division is authorized to proceed with
the outgoing loan.
An Outgoing Loan Agreement must be signed by the authorized representative of the
borrowing museum and either the Museum Division director, the director of curatorial
services, the director of collections, or their designee. The Outgoing Loan Agreement
outlines the terms of the loan specifying the loan purpose, time period, insurance
coverage, required credit line, photography restrictions, stipulations against any repair
or alteration of the object without written permission of the Museum Division, and
other terms agreed upon by both parties. Conditions for Outgoing Loan requirements
including care and preservation, packing and transportation, insurance, photography
and credit, loan costs, return of loans, and borrower responsibility are listed on the
reverse side of the Outgoing Loan Agreement. The borrowing institution’s Incoming
Loan Agreement may be used in lieu of the Outgoing Loan Agreement, if all
requirements are met on the borrowing institutions form.
The Outgoing Loan Agreement (or its comparable) will be kept on file by the
collections staff, and a copy of the Outgoing Loan Agreement will be provided to the
borrowing museum.
A condition report on the object(s) to be lent will be prepared by the collections staff. A
copy of the condition report will be provided to the Borrower if requested. The object
will be photographed prior to its loan if suitable photographs documenting its
condition do not already exist. The collections staff will be responsible for the packing,
shipping, and/or transportation and insurance coverage for loaned objects.
The collections staff will monitor all outgoing loans, document the safe return of
loaned objects to the Museum Division, and maintain complete, up-to-date records on
outgoing loans filed by the calendar year in which the loan was made.