I think it’s primarily the responsibility of the gallery or museum to manage the system. However, there may be exceptions, especially when the audience is expected to interact with the artwork, such as in the case of crafts like teacups and clothing. This falls under the concept of “duty of care.”

Yes, it is. It’s about fulfilling the duty of care towards the venue.

It refers to “the obligation to act responsibly, akin to being a competent manager.” In simpler terms, it’s your job, so please do it properly.

Indeed, it’s difficult to determine the extent of duty of care in a gallery of the size where the owner operates solo. If it were to escalate to a legal dispute, we’d likely have to go hold both the gallery and the individual responsible for any damages.

The financial situation of both parties would also factor into the equation.

Nevertheless, there’s an inherent trust placed in the venue where the work is to be exhibited, so it’s not reasonable to absolve them of all responsibility. Unless, of course, there was a prior agreement stating they wouldn’t be liable for accidents.

My first suggestion would be to always have a written contract in place.

It’s important to make the effort. In the creative industry, there are numerous instances where informal contracts lead to issues for the creators.

Please make an effort to secure some form of commitment, regardless of its format. If obtaining a formal contract is challenging, obtaining confirmation via email could suffice. The crucial point is to obtain the other party’s explicit approval is essential.

It’s a matter of precision. Once again, a written contract is the optional solution. Strive to make it as explicit and comprehensive as possible, so that even if a third party reviews it later, they can recognize it as a binding agreement. As the formality decreases, communication could transition to email or, in certain cases, platforms like LINE.

Generally speaking, the wording shouldn’t violate public order or morals, but it should clearly convey that “the gallery will fully compensate you in any event,” leaving no room for misunderstanding.

I have a suggestion. How about keeping a contract template with such language readily available? You can present it during meetings and say, “I request your signature on this document, as I do with any galleries. I apologize for any inconvenience,” and prompt them to confirm and even sign it on the spot.

Additionally, it’s advisable to bring two copies of the same content so that both parties can retain a copy.

Another approach is to send the contract text via email with a message stating, “My legal advisor has requested a response to this,” and then ask them to reply to the email with a simple “Acknowledgement” after reviewing the content. It’s a straightforward method.

If you can’t substantiate your case, the court won’t be able to validate it. Therefore, it’s wise to maintain some form of evidence and records on a daily basis.

Consulting with a third party, particularly someone with legal expertise, is the surest way to ensure clarity. There are a various specialized institutions available, and Arts and Law, located where we are, is one of them. We encourage you to utilize their services.