TERMS AND CONDITIONS

1. Scope of Services - The Conservator will the provide conservation services outlined in the Treatment Proposal. Amendments or additions to these services and additional costs arising from changes to the scope of services will require prior written approval from the Client.

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2. Pricing and Payment Terms - The total cost of the services are detailed in a quote which includes labour, materials, and applicable taxes.

• The balance is payable within 30 days of project completion.

• Interest of 3% per month (calculated monthly) will apply to overdue balances.

 

Additional costs for unforeseen work or specialized materials will be communicated to the Client and will require prior written approval. The cost of services shall be adjusted in the event of an unsuccessful treatment where the Conservator determines that continuation poses a risk to the integrity of the object and, therefore, elects to halt the treatment prior to completion.

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3. Liability and Risk - The interventions outlined in the Treatment Proposal conform to accepted professional practices, and the Conservator possesses the requisite knowledge and experience to execute them safely. The Conservator will exercise reasonable care, skill, and diligence consistent with professional standards in handling, storing, and treating the object. However, the Client acknowledges and accepts the following:

• Inherent Risks in Conservation Work:

  • Conservation treatments inherently involve risks to objects that cannot be entirely eliminated, even with thorough preliminary testing.  These risks, due to factors such as age, material composition, unknown prior treatments, and exposure to environmental conditions, may result in unintended alterations to the object’s appearance, structure, or stability.

 

• Disclosure of Risks:

  • The Conservator will disclose any known or foreseeable risks associated with the proposed treatments. The Client agrees to accept these risks as part of the conservation process.

 

• Exclusions of Liability:

  • The Conservator is not liable for:

    • Damage or loss occurring while the object is outside their care, custody, or control, including during transit.

    • Changes or damage resulting from the conservation process, provided these were disclosed and accepted by the Client.

    • Post-treatment deterioration or damage arising from factors beyond the Conservator’s control, such as improper handling and environmental conditions.

 

• Limitations of Liability:

  • The total liability of the Conservator under this agreement is strictly limited to the fees paid by the Client for the services provided.

  • The Conservator will not be liable for any indirect, incidental, or consequential damages, including loss of value or revenue associated with the object.

 

4. Insurance - The Client is responsible for ensuring the object is adequately insured under a fine art insurance policy during transit and while in the Conservator’s care. The Conservator’s liability is limited to the proceeds of a valid insurance claim.

 

5. Ownership - The Client warrants that they are the legal owner of the object or have full authorization from the legal owner to enter into this agreement and approve conservation work. The Client agrees to hold the Conservator harmless from any claims, disputes, or legal actions arising from the ownership or authorization of the object.

 

6. Use of Documentation - The Conservator will document the object using a detailed condition report that includes photographs. These records are created to ensure transparency in the treatment process, and maintain an archival record for professional use. The documentation may be used for purposes such as educational materials, academic publications, professional portfolios, or promotion of the Conservator’s services, but only with the Client’s prior written consent for public or marketing purposes. When used publicly, any identifying details, including the Client’s name or the object’s provenance, will be removed or anonymized unless explicitly authorized by the Client. This ensures that the Client’s privacy and the object’s history remain safeguarded, while allowing the documentation to contribute to the advancement of conservation expertise and standards.

 

7. Disclaimer Regarding Appraisals and Authenticity - The Conservator is not a professional appraiser and does not provide professional evaluations regarding the authenticity, monetary value, or marketability of the object entrusted to their care. Any observations or comments made by the Conservator concerning the object’s materials, condition, or history are based solely on the information available during the conservation process and do not constitute a formal appraisal or authentication.

The Client acknowledges that the conservation process may result in changes to the object’s appearance or structural integrity, which could potentially impact its monetary value. The Conservator cannot guarantee or assume responsibility for any increase, decrease, or change in the object’s value resulting from conservation work.

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8. Confidentiality - The Conservator will maintain the confidentiality of the Client’s personal information and details about the object. Disclosure will occur only with the Client’s written consent or as required by law.

 

9. Force Majeure - The Conservator shall not be liable for delays or damages caused by events beyond their reasonable control, such as natural disasters, or government restrictions. Timelines will be adjusted accordingly in such cases.

 

10. Dispute Resolution - The Parties agree to resolve disputes through good faith negotiation. If unresolved, disputes will proceed to mediation under the laws of Ontario before litigation.

11. Termination - Either Party may terminate this agreement with written notice. The Client will be liable for payment for work completed and costs incurred up to the termination date.