AGREEMENT FOR THE TRANSFER, PRESERVATION, AND ARCHIVING OF DIGITAL REPRODUCTIONS (DONATION AGREEMENT)
Between
FIRST NAME LAST NAME
ADDRESS
(referred to hereinafter as the “Donor“)
and
TheStadt Aschaffenburg, Stadt- und Stiftsarchiv,
represented by the Archive Director Dr. Joachim Kemper,
for the digital project “Citizen Archive Platform” (CAP)
(referred to hereinafter as the “Archive“)
the following agreement is concluded:
§1 (Purpose of the Agreement)
- The Donor hereby donates and transfers the object of the donation (as further specified in the attached list of objects or data) to the Archive without charge, along with all rights and obligations associated with ownership. This donation explicitly includes usage rights. The Archive accepts the donation (regarding both ownership and usage rights) and takes full and unrestricted ownership of the donated object with gratitude.
- The parties confirm that the actual transfer and acceptance of the donated object has already taken place through the upload of the files via CAP and their acceptance by the Archive. The Archive reserves the right to reject the donated object by issuing a justified email to the Donor.
§2 (Object of Donation)
- The Donor guarantees that they are the sole owner of the objects or data listed in the annex to this agreement (the object of donation). All objects or data were transmitted to the Archive in digital form via the Citizen Archive Platform (CAP) and are provided free of charge. The Archive acknowledges the condition of the object of donation at the time of the donation.
- The parties agree that the donated object is of historical and archival value only and holds no significant market value.
§3 (Transfer and Archiving of the Object of Donation)
- The parties agree that, with the legal effect of this agreement, the donated object as defined in §1 and §2 has been transferred to the Archive free of charge and without restrictions. The donated object will become part of the Archive’s collections.
- From the moment of transfer, all rights associated with the donated object—including ownership, usage, exhibition, reproduction, and, where justified, disposal rights—irrevocably pass to the Archive. The Archive ensures that the donated object is catalogued, documented, and archived in accordance with the archival regulations of the City of Aschaffenburg dated 2 October 2020 (officially published on 9 October 2020).
- The Archive grants the Donor access to the donated object (subject to operational and organisational capacities) insofar as the object or parts thereof are located in spaces over which the Archive has sole discretion. This right of access includes usage only by prior agreement and in compliance with all archival standards according to the archival regulations of the City of Aschaffenburg dated 2 October 2020 (officially published on 9 October 2020). The Archive may revoke this right of access at any time without providing reasons.
§4 (Acknowledgment of Donor)
- The Donor agrees to the potential mention of the donation and their name on the Archive’s website, in its current annual report, and other publications, as well as, in the case of exhibitions, on object labels or in other appropriate contexts. However, the Donor has no claim to such acknowledgment or exhibition.
- The Donor consents to the donated object being made accessible to Archive users, subject to the archival restriction periods indicated on the form level and the need to protect the privacy, personal rights, and copyright of third parties. This applies particularly in cases where the donated object forms part of an estate.
- The Archive is further authorised to use the donated object for its own exhibitions, research projects, academic publications (both digital and analogue), and public lectures or to loan it for such purposes by third parties.
§5 (Costs)
- All costs associated with the establishment and implementation of this agreement are borne exclusively by the Archive. The Archive also bears the costs of preventative measures required for the preservation and security of the donated object.
- Each party is responsible for their own legal consultation costs.
§6 (Right of Withdrawal and Waiver of Withdrawal Rights)
- This donation may be withdrawn within 14 days, beginning the day after the Donor receives the counter-signed agreement from the Archive (even if this falls on a Saturday, Sunday, or public holiday), without the need to provide reasons.
- If the 14-day period ends on a Saturday, Sunday, or public holiday, the period is extended to the next business day. Saturdays, Sundays, and public holidays within the 14-day period do not interrupt or suspend the timeline.
- The withdrawal must be submitted in writing and is effective if it is either sent by post or emailed to the Archive (stadtarchiv@aschaffenburg.de) by the last day of the withdrawal period.
- The Donor waives any right to withdraw beyond this period, except for withdrawal on the grounds of gross ingratitude.
§7 (Warranty)
- The Donor declares that they are the previous owner of the donated object and warrants that the object transferred to the Archive is free from liens, ownership reservations, and third-party rights to use, dispose of, or claim the object, provided that the Donor knew or should have known about such rights through gross negligence.
- The Donor does not, however, provide any warranty for the condition or suitability of the donated object.
§8 (Jurisdiction)
- All disputes arising from or in connection with this agreement, including its conclusion, shall be subject to the jurisdiction of the competent court in Aschaffenburg.
§9 (Severability Clause)
- If individual provisions of this agreement are wholly or partially invalid, the validity of the remaining provisions and the agreement as a whole shall not be affected. In place of invalid provisions, the statutory regulations shall apply.
- Deviations from this agreement, as well as additional arrangements and agreements, are only valid if made in writing. This also applies to this written form clause.
The Donor has agreed to this agreement online by clicking the appropriate button on the website “Citizen Archive Platform” Aschaffenburg.