Loan Agreement

LOAN AGREEMENT:
MEDIA BANK EQUIPMENT LOAN FROM MAAP-MEDIA ART ASIA PACIFIC

1.     THE EQUIPMENT:
MAAP agrees to lend the Borrower the items described in the approved loan agreement for the purpose of exhibition. The Borrower will not lend the equipment to a third party.

2.    COLLECTION AND DELIVERY OF THE EQUIPMENT
MAAP agrees to have the equipment ready for collection from MAAP MEDIA BANK office: 111 Constance Street, Fortitude Valley, Brisbane by the borrower on the time and date agreed

3.    RETURN OF EQUIPMENT
The Borrower agrees to return the equipment and any other material which is the property of the MAAP to: MAAP MEDIA BANK office: 111 Constance Street, Fortitude Valley, Brisbane. Phone to check pick up and drop off times

4.    COSTS PAYABLE BY THE BORROWER

4.1 MEMBERSHIP FEE

Membership to Media Bank is an annual fee of $50 per individual artist or $100 per institute. This fee is payable by bank deposit before a loan commences or by cash on pick up of equipment. Membership will be valid for one year after payment is received entitles the artist to borrow equipment  (subject to standard terms & conditions and availability of Media Bank items).

4.2 LOST/DAMAGED EQUIPMENT

Any equipment lost/stolen or damaged will be replaced or repaired to the satisfaction of MAAP and at the sole cost of the borrowing party.

All costs associated with the transport of MAAP equipment including any special crating, packing, and transportation (and supervision thereof) will be met by the Borrower. >>> All costs associated with the loss or damage which are not covered by the Borrower’s insurance.

4.3 LAMP USAGE CHARGE (relevant to data projectors only)

Each data projector loan includes approximately 10 hours free lamp usage for set-up/opening night display as well as approximately 3 hours free per day of the duration of the hire agreement for general artwork display. If a projector exceeds the agreed upon free lamp usage included during a loan period, a fee of $5 per hour will be charged to the hirer on return of the equipment.

5.    MAINTENANCE FEE
In the event that a maintenance fee applies to the equipment – MAAP will invoice for payment.

6.    MAINTENANCE OF EQUIPMENT
The Borrower will at all times ensure that the equipment is treated with all due care to ensure protection against loss, damage or deterioration.

The Borrower will ensure that any instructions by MAAP for the unpacking, installation and repacking of the equipment are followed.

The Borrower will repack the equipment in the same manner as they were packed by MAAP.
Packing materials/cases will be stored on the premises of the Borrower unless other arrangements are approved in advance by MAAP.

The Borrower will at all times during the Loan period protect the equipment from direct sunlight, UV light , rain, extremes of temperature and from the hazards of fire, theft, insects, dirt, foodstuffs, drink, smoking or handling by unauthorised or inexperienced persons or members of the public.

Equipment items should be checked against the Condition Report list (incorporated in APPENDIX A) at the beginning and end of the project, noting any changes.

The Borrower will immediately notify MAAP if any item is lost or damaged. In the event of damage to the equipment, the Borrower will not pursue repair of the damaged item/s this will be managed by MAAP.

If the equipment is damaged in transit, the Borrower will immediately notify the carrier and will retain all packing materials until MAAP and the carrier have had an opportunity to inspect the equipment, the materials and the damage.

The Borrower will be solely responsible for the MAAP equipment from the time the MAAP equipment leaves the MAAP premise until the equipment is returned to the MAAP premise.

7.          ATTRIBUTION
The Borrower will acknowledge MAAP – Multimedia Art Asia Pacific in distribution of invitations, electronic and print media, media releases/publicity relating to the exhibition/event/workshop with the following accreditation:’Supported by MAAP’ and the usage of the MAAP MEDIA BANK logo.

If MAAP Media Bank logo is not used as stipulated, a $200 fee will be charged to the borrower.

On completion of the loan, The Borrower will provide MAAP with a loan report (up to 500 words) outlining the benefits that the equipment contributed to the exhibition/event/workshop with attendance figures.

Members of the MAAP Media Bank will act as advocates of the MAAP program, through engagement with MAAP programs (MAAP SPACE, touring exhibitions etc), and promote MAAP activities through social media.

8.    DISPUTES
The parties will seek to settle any dispute arising in connection with this Agreement by negotiation, mediation or conciliation between the parties.  In any such proceedings, each party may at its election, be represented or accompanied by a qualified legal practitioner.

SPECIAL CONDITIONS

[a]    If a maintenance fee applies to the equipment – MAAP will invoice for payment.
[b]    Borrower agrees to return the goods in same working order.
[c]     All supporting cords, remote controls, brochures and packing reassembled as delivered.
[d]     Inventory to be supplied by MAAP, and confirmed upon receipt.
[e]    On completion, The Borrower will provide MAAP with a letter outlining the benefits that the equipment contributed to the exhibition/event/workshop with attendance figures.
[f]    A $200 charge applies where MAAP Media Bank is not acknowledged.