I have a different view of this situation, not based on the qualities of a memorandum of understanding at all. In many museums that have employed me, either full-time or as a consultant, the collections management policies state that the lender provides the loan agreement, to which the borrower may agree or not. In instances where the lender (usually a small museum or private collector) does not have a loan agreement document, the borrower may provide one, if that is agreeable to both parties in the transaction. I should add that collections management policies almost always state that under no circumstances should a lender approve two loan agreements -- one from the lender and another from the borrower -- which would be inviting legal wrangling in the event of any dispute or claim.
I used to discuss this with colleagues as a kind of "golden rule"; one who has the gold (the items to be borrowed) makes the rule. This seems reasonable, and in practice it usually is. I can think of only two instances over the years that involved some moral and ethical struggling: first, a collector listed the insurance values for some art works at levels considerably above market value, and we, the borrower decided that if there were ever a claim, the lender would have to fight it out with the insurance company, not the borrower; second, a major (very major) museum insisted that its loan agreement be used, even though it was the borrower, and we, the lender agreed to make an exception to our policy, to accomplish that very important transaction.
In the end, every loan transaction should be considered on its own merits, from the value and importance of the loan itself, to the essential details of insurance and agreements. My thought is that if the borrower does not care for the lender's terms and conditions and is not willing or able to be flexible, it might be best to forego the transaction.
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Bruce MacLeish
Curator Emeritus, Newport Restoration Foundation
Newport RI
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Original Message:
Sent: 12-29-2017 09:44 AM
From: Stephen Bohlin
Subject: Memorandum of Understanding
Thank you I will do that.
Stephen
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Stephen Bohlin
Executive Director
Andrew Low House
Savannah GA
Original Message:
Sent: 12-28-2017 09:24 AM
From: Patricia Giordano
Subject: Memorandum of Understanding
There are plenty of templates on the web if you just Google MOU's. Below is a document explaining the difference between an MOU and a contract. An MOU is less binding, so it is interesting that they want something less 'legal'. It protects both of you less than a contract. Makes one wonder why.
https://www.changelabsolutions.org/sites/default/files/MOU-vs-Contracts_FINAL_20120117.pdf
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Patricia Giordano
COO/Deputy Director
Memorial Art Gallery of Rochester
Rochester NY
Original Message:
Sent: 12-27-2017 01:27 PM
From: Stephen Bohlin
Subject: Memorandum of Understanding
We are assembling an exhibit of period clothing. One of the lending museums has requested a Memorandum of Understanding in place our conventional loan form produced in PastPerfect. Has anyone used this type of form and do you have a template that we could follow? Any suggestions will be most helpful. I can be contacted through this forum or at the address below.
Stephen Bohlin Director/Andrew Low House
329 Abercorn Street
Savannah, GA 31401
912-233-1828
912-233-9239 Fax
sbohlin@andrewlowhouse.com