On the wall. When your group walks through a gallery and a guest damages a work, the artwork belongs to the gallery or a lender and isn't in your control. That's third-party property damage, and public liability can respond to your legal liability for it, subject to the wording, the schedule and the underwriter's assessment. The gallery's own insurer may pay the gallery and then look to recover from whoever caused the damage, which is why a clear briefing on bags, distance and photography matters.
In your hands. If a gallery lets your group handle a work, lends pieces for a private viewing you host, or asks you to carry something between venues, the property is arguably in your care, custody or control. At least one wording we place excludes that, then writes some of it back under an extension with a sub-limit. Anything of real value should sit on the owner's fine art policy or a transit policy. Read the loan paperwork for any indemnity you're being asked to give.
Workshops are products. When your tour includes a painting, printmaking or ceramics session and you supply the materials, those materials are treated as products. Keep the safety data for solvents, glazes and pigments, brief guests on ventilation and hand-washing, and keep children away from kilns and presses. If a studio runs the session as its own business, ask for its certificate of currency, because at least one wording we place expects contractors to hold their own liability cover of at least $10 million in Australia. Our guide to contract guides and suppliers explains whose insurance responds.
Selling and recommending art. If your tour visits commercial galleries or art centres and guests buy, what you say about a work matters. In 2019 the Federal Court ordered Birubi Art to pay a $2.3 million penalty for selling souvenirs made in Indonesia as Aboriginal art, according to the ACCC. That was a wholesaler, not a tour operator, but the same consumer law applies to anyone who makes a claim about where a work comes from. The Indigenous Art Code is a voluntary industry code for fair and ethical trade with Aboriginal and Torres Strait Islander artists, and dealers who sign it are listed as members.