SAMPLE
Loan Agreement
On this (Date), Nippon Music Foundation ("FOUNDATION") and Mr./Ms.
____________________("RECIPIENT"), hereby agree to the terms and conditions of the loanof the("INSTRUMENT") to the RECIPIENT by the FOUNDATION.
The RECIPIENT hereby acknowledges the receipt of the INSTRUMENT.
1.

The RECIPIENT agrees to return the INSTRUMENT to the FOUNDATION (Tokyo,Japan) in person or by any person designated by the FOUNDATION in the same condition
received on or before (Date).

2.

The RECIPIENT agrees that the INSTRUMENT is played and handled only by theRECIPIENT and the dealers designated by the FOUNDATION and that theINSTRUMENT shall not be loaned to any third party.

3.

The RECIPIENT agrees to assume full responsibility for the care, protection, and securityof the INSTRUMENT during the period of the loan and that the INSTRUMENT is underno circumstances left unattended or subject to extreme temperature and humidity.

4.

The RECIPIENT agrees that the INSTRUMENT is placed in the care or custody of theworkshops designated by the FOUNDATION every three months for maintenance. TheRECIPIENT is required to notify the FOUNDATION of the scheduled appointments andthe condition of the INSTRUMENT in advance. One of such quarterly maintenances
should include an annual inspection conducted by Mr. Roland Baumgartner in Basel,
Switzerland. The designated workshops provide the Condition Reports to theFOUNDATION each time.

5.

The RECIPIENT is allowed to have the designated workshops carry out any necessary
maintenance or repair works on the INSTRUMENT as well as to have them safekeep theINSTRUMENT only with the consent of the FOUNDATION.

6.

The RECIPIENT agrees that in the event of any apparent loss or damage to theINSTRUMENT including theft, fire, or natural disaster, it will be immediately reported tothe FOUNDATION and that the RECIPIENT will make arrangements as directed by theFOUNDATION. The FOUNDATION assumes the responsibility of insuring theINSTRUMENT. The RECIPIENT agrees to provide the FOUNDATION with contact
information reachable by the FOUNDATION anytime and to update such information incase of any change.

7.

The RECIPIENT agrees to generously promote and make known the fact of the loan by theVer. January 2024

SAMPLEFOUNDATION including mention of the name of the INSTRUMENT being loaned wheninterviewed by media as well as in the biography on any written media including theconcert programs, fliers, and websites.
8.

The RECIPIENT agrees to mention the name of the INSTRUMENT and the loan by theFOUNDATION prominently on all audio and visual recordings made with theINSTRUMENT including those released digitally, and to provide the FOUNDATION with
2 complimentary copies.

9. The RECIPIENT agrees to submit a report of activities etc. to the FOUNDATION by theend of March every year. The report regarding the use of the INSTRUMENT should
include the following data from April of the previous year. If there are concerts/recordings
the RECIPIENT did not use the INSTRUMENT, the RECIPIENT should specify in thereport.
a.) Concerts (date, city/country, venue, program, co-performers, and number ofaudience)b.) Recordings (commercial/non-commercial, CD, DVD, LP, etc.) and other activities
such as performances on TV, radio, and onlinec.) 2 complimentary copies of the recordings mentioned in Article 8 if not submitted
yetd.) 3 different concert programs by data and 1 original concert program including themention of the INSTRUMENT and the loan by the FOUNDATIONe.) Latest biography and photosf.) Schedule of performance and recording for the next 2 years
10. The RECIPIENT agrees to perform gratis not more than five concerts annually for theFOUNDATION. The dates and places of the performances are to be mutually agreed
between the FOUNDATION and the RECIPIENT. The FOUNDATION assumes
accommodations and travel costs of the RECIPIENT.
The performances may be recorded for the FOUNDATION's library and for the limited
purpose of promoting the FOUNDATION’s activities. The RECIPIENT agrees on theFOUNDATION’s recording and broadcasting of the above-mentioned recordings.
11. Notwithstanding the provision of Article 1, the FOUNDATION will request theRECIPIENT to return the INSTRUMENT in the event that the RECIPIENT does not abideby the provisions of this Agreement, and the RECIPIENT shall return the INSTRUMENT
to the FOUNDATION.
12. Fully acknowledging the fact that the INSTRUMENT is a historical asset of the world toVer. January 2024

SAMPLEbe passed to the future generations, the RECIPIENT agrees to:a.) abide by the Guideline provided by the FOUNDATION to play and to handle theINSTRUMENT.
b.) limit the number of performances using the INSTRUMENT to a reasonable level.
The RECIPIENT is encouraged to continue to play his/her own instrument fromtime to time.
c.) refrain from performing music with an aggressive playing style that is too
strenuous for antique instruments.
d.) avoid taking the INSTRUMENT to an environment that could be harmful for theINSTRUMENT - such case could include extreme temperature and humidity.
e.) under no circumstances take the INSTRUMENT to the countries that are notallowed by the FOUNDATION. The FOUNDATION assumes the responsibilityof providing the ATA Carnet with the list of countries where the RECIPIENT isallowed to take the INSTRUMENT. The FOUNDATION periodically provides
the RECIPIENT with the updated list of such countries.
f.) always carry this Agreement, ATA Carnet, Insurance Certificate, Certificate ofCustoms Clearance and Tax Payment to Japan, Declaration of Materials, and theFOUNDATION’s brochure with the INSTRUMENT. In case the RECIPIENT isinquired about the INSTRUMENT at customs when traveling, the RECIPIENT isadvised to show the documents to customs.
13. The FOUNDATION assumes insurance premiums and costs of repair and quarterly
maintenance of the INSTRUMENT, provided, however, that the FOUNDATION may
claim against the RECIPIENT any repair cost of the INSTRUMENT caused by any damage
due to the willful intent or gross negligence of the RECIPIENT.
14. The RECIPIENT and the FOUNDATION shall resolve faithfully by mutual consultation,
any question which this agreement does not cover or any matter concerning theinterpretation of the terms of this agreement.
15. This Agreement shall be governed by and construed in accordance with the laws of Japan,and each of the parties hereto irrevocably submits to the exclusive jurisdiction of the Tokyo
District Court in Japan.

Ver. January 2024

SAMPLE
16. Contact:
For the FOUNDATION
Nippon Music Foundation
Akasaka 1-2-2, Minato-ku, Tokyo 107-0052, Japan
Tel: +81-3-6229-5566
Fax: +81-3-6229-5570
Email: info@nmf.or.jp
For the RECIPIENT
Name:
Address:
Home Phone:
Mobile:E-mail:IN WITNESS WHEREOF, the parties hereto have executed two original copies, each of which
will be kept by each party.

FOUNDATION
Date:

Katsuji Ebisawa, Chairman

DD / MM / YYYY

RECIPIENT
Date:

NAME

DD / MM / YYYY

Ver. January 2024