Dealings with Museums. Loan agreements

Most of the big nationals (aviation specific; RAFM, FAAM, Science Museum, National Museum of Flight etc) won’t receive loans unless it is something they specifically want for an exhibition and then between the parties the agreement is made out. The big nationals do talk to each other and almost all have items from each other’s collections within their own displays. There are so many examples of this. Most abide by the Museums Association and their codes of practise, so loan agreements are an easy process. As has been demonstrated here, a lot of smaller, less scrupulous museums are not bound by such things and do their own thng, which is where, if you are going to loan something to your local museum, make sure you protect yourself and your item, and get assurances behind its keeping within the museum, such as how it is stored or displayed and how secure the location is. If you are not happy with their criteria, walk away.

dh82jon – I fully appreciate that not every museum / aviation group follows good practice with regards to loans; indeed I referenced such a case that I personally advised someone about securing the return of loaned items.

My intention with the post was to illustrate that there are two sides to the debate.

This also applies to the items I mentioned in paragraph 3. Both sides of the loan situation i.e. what is the person / group suggesting a loan offering and what are the experiences of other museums/groups that may have had similar arrangements with that person / group.

Perhaps proceed with caution is a good piece of advice for both sides!

Hello Twin Otter23

Where you say “It might also surprise some people that many museums often actually talk to each other before they take items on loan. In several situations I’ve also been involved in providing feedback for what almost amounts to a ‘reference’ before other museums take something on loan.” that is all well and good but you only get one side of the story I would think, as an example if the other museum/collection has attempted to grab something of value because no written agreement was in place then they are going to defend there actions and call the poor owner every name under the sun for wanting what is rightfully his/hers! There are a lot of crooks in this game and a lot of money to made out of peoples passion. I have been bitten once by loaning something and would never do it again without something in writing so there can be no miss understandings. I think Newark seems to be on top of its game and a trustworthy place but you dont have to go to far up the road and I can assure you its not the case!

Regards

Jon

“So there is no excuse to be taken by surprise by such a clause sometime later.” I don’t think some people think that far ahead and consider a loan as a way of having their asset looked after and perhaps even restored at someone elses cost.
I have also seen items donated allowed to deteriorate to such an extent that they were scrapped.

“A loan agreement may have a clause to enable the museum to oblige the “owner” to remove the item when requested”. Only if both parties sign up to such a clause at the time the agreement is made. So there is no excuse to be taken by surprise by such a clause sometime later.

In 2011 I loaned some historical documentation to the local museum, ultimately the papers were donated.

Here is a scan of Oxfordshire County Council’s Museum Service conditions of deposit at the time.

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On average I reckon that I turn down a request to loan something significant to Newark at least once every two weeks.

It might also surprise some people that many museums often actually talk to each other before they take items on loan. In several situations I’ve also been involved in providing feedback for what almost amounts to a ‘reference’ before other museums take something on loan.

Equally, I have made similar enquiries on behalf of Newark, so they can consider items being offered on loan; I’’ve done this within the last 7 days and the information provided has helped the museum trustees to make a decision on whether or not to proceed. In this most recent case the decision was taken not to proceed!

I’ve also helped in advising someone on how to secure the safe retune of personal ‘loaned’ items, which an Accredited museum was trying to claim title to; it took a while but a solution was achieved.

I can’t imagine anyone having the wherewithal to own a cockpit but being so broke they can’t move it.

Certainly the logistics of the move would take time, especially since relatively few people (in the UK at least), have trucks and trailers.

A loan agreement may have a clause to enable the museum to oblige the “owner” to remove the item when requested. If you have no-where to put an item such as a fuselage or cockpit and have no funds to move it. What do you do?

If you’re loaning something of considerable economic value, I’d suggest showing the museum’s loan agreement to a solicitor that YOU hire.
It never hurts to have a second pair of eyes, especially one that has your interests at heart, take a look.

Also, I’d keep any personal insurance in place. That way you’re not limited by their insurance coverage if disaster strikes. Their insurance may not cover items not belonging to them, or their coverage limit may not be large enough (i.e. their claims are at the head of the que, so when you hold out your hand you’re told… “Sorry, no money left”.

All these tales of woe seem to indicate that a properly written loan agreement hasn’t been agreed and signed by both parties at the start of the loan period.

There are very few museums I would lend items to these days. I had a friends father and son who lent a cockpit section to a museum for many years. When the asked for it back a the people who the had made the agreement with had passed away.. So when they asked for it back they got refused, never getting it back. The father then passed away so the son gave up trying to get it back. One of the few museums I do trust is Sywell ( well done TT). But I don’t have anything they would be interested in these days.

Dave

Many and varied obligations e.g. financial implications for termination of a loan agreement early, when a museum has paid the transportation costs of the exhibit (that issue was never settled, the museum was left out of pocket and I was personally threatened over the matter); helping to return an exhibit to a an acceptable display standard in lieu of agreeing to take the exhibit on loan; etc. etc.

Just saying that there are two sides to any loan agreement.

Other than releasing the item at the inception of and collecting the item at the conclusion of the loan, what other obligations might the lender have under a loan agreement?

Just to add a counterpoint to this discussion – sometimes a museum can struggle to get people loaning items into a collection to fulfil the obligations that have been incorporated into signed loan agreements; this too can lead to disputes. I have had the ‘pleasure’ of trying to deal with such situations!

I would also include a clause that the articles on loan are to be automatically returned if the museum in question changes ownership. Just finished a three-year long complicated tug-of-war that started with a museum going into receivership then being taken over by a commercial company.

I knew someone who loaned items to the Science Museum, as far as they were concerned it belonged to them when he tried to get it back. Was going through a very long ongoing court battle when he died.

Loaned some parts to a museum, it changed hands, everything was stolen/sold off.

I would suggest not to loan anything to a museum, unless its for a specific exhibition or very limited timescale. If you are and they are happy to receive an item for longer I feel that a donation is appropriate. Remember once they have it they can dispose of it as they wish. What the current collecting policy may be can and will change with different people in charge.

The topic of loans, particularly related to Accredited Museums, is extensively covered in Section 2 Collections in this link:

https://www.artscouncil.org.uk/sites/default/files/download-file/Accreditation_standard.pdf

With more generic coverage in here:

https://www.museumsassociation.org/download?id=14828

Both links open as PDF files!