Donation Terms
Effective Date: 4/25/2025
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Fort Belmont is a registered 501(c)(3) nonprofit organization. Donations of items may be tax-deductible to the extent allowed by law. Please consult your tax advisor for specific guidance.
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Loan Agreement and Retention of Ownership Statement
I hereby agree to loan the item(s) described in this form to Fort Belmont for the purposes of exhibition, research, or educational use. I affirm that I am the legal owner of the item(s) or am authorized to act on behalf of the owner.
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I understand that this is a loan agreement and that ownership of the item(s) is not transferred to Fort Belmont. I retain full legal title to the item(s) for the duration of the loan period. The museum agrees to care for the item(s) in accordance with professionally accepted museum standards but assumes no responsibility for loss or damage beyond what is specified in this agreement.
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I acknowledge that:
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The loan is for a period beginning on __________ and ending on __________.
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Fort Belmont will not make any permanent alterations to the item(s) without my written consent.
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The item(s) will be returned to me or my designated agent upon the expiration of the loan period, unless otherwise agreed in writing.
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I will notify Fort Belmont of any changes to my contact information during the loan period.
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Transportation Clause
Unless otherwise agreed in writing, the lender is responsible for the safe packing, delivery, and retrieval of the item(s) to and from Fort Belmont. If Fort Belmont arranges transportation, it will do so with due care but assumes no liability for loss or damage during transit unless specifically stated in a separate written agreement.
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Insurance Clause
The lender is solely responsible for obtaining and maintaining insurance coverage for the loaned item(s) during the entire period of the loan, including transit to and from Fort Belmont. Fort Belmont does not provide insurance coverage for loaned items and will not be held liable for loss, theft, or damage except in cases of proven negligence.
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Care & Handling Clause
Fort Belmont agrees to care for the loaned item(s) using the same professional standards it applies to its own collection, including appropriate environmental controls, limited handling, and secure display or storage. The item(s) will be accessible only to authorized staff, and any conservation work will be conducted only with the lender’s written approval.
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Failure to Maintain Contact / Conversion to Donation Clause
If Fort Belmont is unable to contact the lender or their designated agent for a period of five (5) years following the expiration of the loan term—or during the loan term, if necessary correspondence is unanswered—despite reasonable good faith efforts, the museum reserves the right to treat the loaned item(s) as an unconditional donation. In such a case, all rights, title, and interest in the item(s) will transfer to Fort Belmont, and the item(s) may be accessioned, deaccessioned, or otherwise used in accordance with the museum’s collection policies.
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Termination of Agreement Clause
Either party may terminate this loan agreement at any time by providing thirty (30) days’ written notice to the other party. Upon termination, Fort Belmont will make reasonable arrangements with the lender for the prompt and safe return of the loaned item(s).
If the lender initiates termination, they must provide written confirmation and arrange for retrieval of the item(s) within a reasonable time frame, not to exceed sixty (60) days from the termination date. Failure to retrieve the item(s) within that time may result in the item(s) being considered an unconditional donation, subject to the terms outlined above.
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Photography & Reproduction Rights Clause
The lender grants Fort Belmont the non-exclusive right to photograph or digitally reproduce the loaned item(s) for documentation, research, promotional, and educational use, including printed and digital publications, exhibits, marketing, and website use.
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Intellectual Property / Copyright Clause
This loan does not transfer any intellectual property or copyright rights. Any use beyond display, documentation, or standard educational reproduction must be separately negotiated unless Fort Belmont already holds such rights.
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Warranty of Ownership / Indemnification Clause
The lender affirms that they have full legal title to the item(s) or are duly authorized to act on behalf of the legal owner. The lender agrees to indemnify and hold Fort Belmont harmless against any claims, losses, or damages arising from disputes of ownership, authority, or any breach of this warranty.
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Force Majeure Clause
Neither party shall be liable for delays or failure to perform under this agreement due to causes beyond their reasonable control, including natural disasters, war, government restrictions, or acts of God.
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Venue Limitation / Jurisdiction Clause
This agreement shall be governed by the laws of the State of Minnesota. Any legal disputes arising from this agreement will be resolved in the courts located within that jurisdiction.
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Successors and Assigns Clause
This agreement shall be binding upon and benefit the parties and their respective heirs, legal representatives, and assigns.
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Donation and Transfer of Ownership Statement
I hereby donate the item(s) described in this form to Fort Belmont as an unconditional gift. I affirm that I am the legal owner of said item(s) or have the legal authority to donate them on behalf of the rightful owner.
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I understand that by signing this agreement, I permanently transfer all rights, title, and interest in the donated item(s) to Fort Belmont, including but not limited to rights of ownership, reproduction, exhibition, and disposition. I acknowledge that Fort Belmont reserves the right to determine the appropriate use, care, and disposition of the item(s) in accordance with its collection policies and professional museum standards.
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I release Fort Belmont from any future claims or obligations related to the ownership or use of the donated item(s).
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Authorization for Museum Review Process
By submitting this form, you authorize Fort Belmont staff to review the submitted item(s) for potential inclusion in the museum’s permanent collection or temporary exhibition. This includes permission to:
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Physically inspect and evaluate the condition and historical significance of the item(s);
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Document and photograph the item(s) for internal records;
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Determine the suitability of the item(s) for donation or loan based on the museum's collection criteria and space limitations;
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Decline a donation or loan offer if it does not align with the museum’s mission, goals, or preservation capacity.
Items not accepted for donation or loan will be returned to the owner in the condition received, unless otherwise agreed upon in writing.
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Contact Us
If you have any questions or concerns, please contact:
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Fort Belmont
114 3rd Street Suite B
Jackson, MN 56143-1687
policies@fortbelmont.com
507-847-6672