You need an indemnification clause as a part of your contracts. In this section of the contract you should also outline your insurance requirements (auto, workers comp, general liability, etc.) and require that the museum be named on the policy. Both parties, the contractor or the consultant and the museum should mutually indemnify the other for their OWN acts. Meaning you should be willing hold the contractor harmless and defend them for your negligent acts as well.
Because it involves your insurance and liability I'd suggest you ask this question of your insurance underwriter/agent or consult with the museums attourny, noting you have a trustee that is one. (R. Christopher Rueppell).
The State of Illinois construction department (CDB) uses:
00741 INDEMNIFICATION
.1 Duty to Indemnify. The Contractor shall defend, indemnify, keep and save harmless the state of Illinois, CDB,
the Using Agency, the A/E and their respective board members, representatives, agents and employees in both
individual and official capacities against all suits, claims, damages, losses and expenses including attorney's fees
caused by, growing out of or incidental to the performance of the work under the contract by the Contractor or
its subcontractors to the full extent as allowed by the laws of the State of Illinois and not beyond any extent
which would render these provisions void or unenforceable. This obligation includes, but is not limited to, the
protection of adjacent landowners (765 ILCS 140/1 et. seq. ). In the event of any such injury (including death),
loss, damage or claims therefore, the Contractor shall give prompt notice to CDB. Assigned contractors shall
include the Coordinating Contractor as a party to whom indemnification is due under the contract.
Regards, Paul Stromdahl
On Fri, Mar 30, 2012 at 8:29 AM, Robin Gabriel
<[log in to unmask]> wrote:
Thanks Anne,
What I’m actually looking for is a statement that will absolve the museum for any injuries, accidents, damage, etc. that might be caused by exhibit contractors and sub-contractors.
Robin
Not sure if this is what you’re looking for Robin, we have the following statement on our Agreement to Purchase:
I state that I am the rightful owner of the object(s) noted above and have full power and authority to dispose of the object(s) by transferring complete ownership and possession by sale to the New Brunswick Museum, and that title to the object(s) is free and clear of all claims. I hereby agree to indemnify and save harmless the aforementioned Museum with respect to this sale.
Anne Marr
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Norman Paul Stromdahl
Curator, Chief of Exhibits
Illinois State Museum; this place rocks!
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