Camp Freedom – Auction Program Rules & Regulations

CAMP FREEDOM is a Section 501(c)(3), non-profit organization. Our mission is to help disabled Veterans, First Responders, their family members, and Gold Star families by combining peer to peer interaction, camaraderie, and outdoor adventures to promote healing in their lives. CAMP FREEDOM appreciates the support of its donors and supporters in helping to further its programs and goals. Auction revenue funds a great portion of CAMP FREEDOM's operating budget. The majority of the dollars raised goes to support CAMP FREEDOM's mission and growth. The term “auction” refers to silent auction, live auction and raffle.

These Auction Program Rules and Regulations apply to auctions and raffles conducted for the benefit of CAMP FREEDOM.

Any exceptions to these Auction Program Rules & Regulations must be reviewed and accepted by the Board of Trustees of CAMP FREEDOM or the Executive Director of CAMP FREEDOM.

AUCTION BIDDING PROCEDURES AND CONDITIONS OF SALE

1. You or your representative (designated individual must have written, notarized authorization by you stating maximum bidding price for each of the items of interest) must be registered and present during the auction to be eligible to bid. A person who bids on behalf of another person or group will be ultimately held responsible for payment in its entirety. A person registered and bidding through the official CAMP FREEDOM online auction site will be considered to be registered and present for the auction.

2. All items auctioned are sold “as is.” CAMP FREEDOM assumes no responsibility for the validity of the descriptions, authenticity, or condition of any item donated for auction. CAMP FREEDOM makes no warranty or guarantee, express or implied regarding any property or service sold at auction including, but not limited to, any warranty of fitness for a particular purpose or merchantability. Values listed are as stated by donors and are not warranted by CAMP FREEDOM for tax or any other purpose.

3. All items auctioned (whether goods or services) have been acquired or obtained by CAMP FREEDOM from third parties. The purchaser acknowledges that the items have not been inspected by CAMP FREEDOM and that the purchaser is advised, in the case of firearms, knives, bows, bullets or other weapons, to secure a competent inspection and test of the goods before use. No services auctioned are to or will be performed by CAMP FREEDOM.

4. After bidding for an item concludes and the auctioneer designates a winning bidder, the designated winner (buyer) must immediately agree to pay for the item in full. For online buyers, the buyer must follow the payment instructions on their invoice and immediately make payment in full for the item. CAMP FREEDOM will not recognize changes, additions or deletions to any auction description agreed to by the buyer and donor and no exchanges will take place between the buyer and an authorized representative of the donor.

5. By making a purchase, the purchaser waives any claim for liability against CAMP FREEDOM or the donor of any property or service, and neither CAMP FREEDOM nor the donor is responsible for any personal injuries or damages to property that may result from the utilization of any property or services sold. If any action or claim is made against CAMP FREEDOM by an individual, entity, or state, local, federal, foreign or political body for any matter whatsoever arising from the use of the auctioned items, or any actions or parties conducting business with respect to the auctioned items, the donor and/or purchaser will pay CAMP FREEDOM’s attorneys’ fees and costs and will hold CAMP FREEDOM harmless from any judgment thereon.

6. By making a purchase, the purchaser agrees that:

a. The auction and purchases made at the auction shall be governed in all respects, whether as to validity, construction, capacity, performance, or otherwise, by the laws of the State of Pennsylvania, except as pre-empted by federal law and that venue for any and all actions, including litigation, mediation and/or arbitration, shall be in Lackawanna County, Pennsylvania.

b. Any dispute or action arising out of or relating to the Auction and purchases made at the Auction shall first be submitted to mediation before a mediator mutually agreed to by the Parties, with said mediation to be held in Lackawanna County, Pennsylvania. If mediation is unsuccessful, then such dispute or claim shall be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association or other appropriate standard relating to disputes arising out of contract, before one arbitrator, with said arbitration to be held in Lackawanna County, Pennsylvania.

7. If during a live auction, a final bid for an item is erroneously taken from two bidders, the bidding is closed to everyone else except those two bidders. The high bidder acknowledged by the auctioneer shall be the purchaser; the auctioneer shall have the sole and final discretion to determine the successful bidder in any auction. At each live auction, there will be pre-designated bid spotters in the audience, and it is the responsibility of the bidder to direct bids to the nearest spotter. The auctioneers and spotters will make every attempt to acknowledge all desired bids, but CAMP FREEDOM is not responsible for any missed bids or bids that fail to be executed.

8. After bidding for an item concludes and the auctioneer designates a winning bidder, the designated winner (buyer) must immediately agree to full payment. For buyers at the auction location, the buyer will immediately proceed to the payment table. For online buyers, they will immediately follow the payment options on the invoice received and make payment immediately. CAMP FREEDOM will not recognize changes, additions or deletions to any auction description agreed to by the buyer and donor.

9. Successful bidders on location may pay by cash, check or credit card. Checks should be made to CAMP FREEDOM and must be drawn on a U.S. bank and in U.S. dollars. Visa, MasterCard, Diner's Card, Discover and American Express are accepted as is PayPal. Online bidders have the option of Credit Card or PayPal payments.

10. Auction items purchased at the Saturday Night Auction must be paid for before the official close of the Saturday Night Auction. Arrangements for the removal of all items must be made before the close of the Saturday Night Auction. Any auction items that have not been paid for by the close of the Saturday Night Auction will be subject to a 10% surcharge, which will be added to the winning bid and this total will then become the purchase price. Any items not removed by the noon on Sunday will pay to CAMP FREEDOM an additional 10% handling surcharge. Any bidder/purchaser who leaves his/her purchases at the banquet does so at his/her own risk. CAMP FREEDOM is not responsible for any item not removed from the banquet by the winning bidder/purchaser. Items purchased through an online auction will be shipped by the online shipping representative and fees are the responsibility of the purchaser.

11. ALL SALES ARE FINAL. ALL TANGIBLE GOODS PURCHASED AT THE CAMP FREEDOM AUCTIONS ARE SUBJECT TO THE CURRENT STATE AND LOCAL SALES TAX RATES. THERE WILL BE NO EXCHANGES OR REFUNDS on items or services. Unless otherwise indicated, all auction items, services and hunts must be used within one year of the date of the purchase at auction. Dates and times for applicable items are to be arranged at the mutual convenience of the donor and winning bidder/purchaser.

12. IT IS THE PURCHASER’S RESPONSIBILITY TO CONTACT THE DONOR REGARDING PURCHASED ITEMS, SERVICES OR HUNTS and to make all arrangements for hunt dates and the application for necessary of paperwork for licenses and permits. CAMP FREEDOM is not, and will not act as, a conduit or go-between between the purchaser and donor. After the hunt has been completed, the purchaser must complete a hunt report form and submit it to the Executive Director of CAMP FREEDOM.

13. Items may be removed from the hotel by presenting a receipt of purchase, which is issued to the purchaser at the time of payment.

14. Although CAMP FREEDOM has made every effort to ensure the quality of donated hunts and trips, it cannot, and does not, guarantee the satisfaction of either the donor or the purchaser.

15. To protect our hunt and firearm donors, CAMP FREEDOM reserves the right to withdraw any donated hunts or firearms from the auction that does not receive a bid meeting the donation hunt or firearm reserve amount.

16. Some hunts are subject to VAT and GST tax liabilities. Often these taxes are due and payable before a hunt can be taken. Other items may be subject to sales taxes. CAMP FREEDOM does not assume responsibility for these fees. Interested bidders and buyers should verify amounts with donor and check with the local government where a hunt is to be taken to validate tax rates.

17. All firearm (excluding some types of muzzleloaders and bows) purchases made during the convention will be subject to the Brady Handgun Violence Prevention Act of 1993. By the close of the banquet, all firearms purchased at the CAMP FREEDOM banuet or won in an CAMP FREEDOM raffle will be subject to completing proper transfer paperwork through our authorized firearm FFL. If time does not allow for all transfers to take place the winner of the firearm is responsible to go to Roll Call, 701 Graham St, Scranton, PA 18504 to complete the paperwork and pick up the firearm. If the purchaser wishes to ship their firearm to their provided FFL they will be responsible to make arrangements with Roll Call and follow all laws of firearm transfers.
21. The terms and conditions set forth in the Auction Program Rules and Regulations are hereby incorporated herein by reference.
The purchaser accepts and agrees to completely abide by and be legally bound by all the terms, conditions, rules and regulations for the Auction Program.

CAMP FREEDOM – Auction Buyer Policy

CAMP FREEDOM offers donated hunts and items to banquet attendees or online buyers at official CAMP FREEDOM events through live auctions, silent auctions and the sale of raffle tickets for designated items. CAMP FREEDOM’s policy for hunts or items acquired by attendees or online buyers at auction or through a raffle program is as follows:

1. CAMP FREEDOM offers hunts, art, jewelry, firearms and other tangible items for bid during live and silent auctions or for raffle. All items are transferred as is. All valuations are provided by donors and all descriptions are based on information provided by third parties and CAMP FREEDOM shall in no event be held responsible for their accuracy. CAMP FREEDOM does not make implied or expressed warranties or representation of any kind, nor does CAMP FREEDOM deem to have made any representation or warranty of the description, genuineness, attribution, provenance or condition of any item. No statement in the CAMP FREEDOM publications, catalogs or brochures or in the bill of sale or invoice or elsewhere shall be deemed such a warranty, representation or assumption of liability by CAMP FREEDOM. Any written warranties with respect to the items purchased are those solely and expressly supplied by the manufacturer or donor of that item or hunt. Although third parties sometimes provide appraisals with items such as jewelry, CAMP FREEDOM does not verify or warrant their accuracy or origin. Appraisals are the result of subjective valuations and estimates of value and quality can vary markedly between competent and reliable appraisers. The provision of an appraisal does not represent a guarantee of value. Furthermore any written or visual presentation done or offered by third parties does not necessarily reflect the opinion or attitude of CAMP FREEDOM.

2. The successful bidder (or “purchaser”) of an item (whether through a live auction, silent auction or raffle) will immediately make payment at the Payment Table if at the event or by instructions provided on the invoice if online. The purchaser acknowledges that the agreement is a legal and binding contract to accept the item and pay the accepted bid amount.

3. All auctions are final and there will be no exchanges or refunds on items or hunts. CAMP FREEDOM has made every effort to ensure the quality of donated items or hunts. However, CAMP FREEDOM does not guarantee the satisfaction of the donor or the purchaser in any case. In reference to hunt donations, it is the purchaser’s responsibility to contact the hunt donor immediately and make all necessary arrangements for hunt dates and the application for any necessary paperwork for licenses and /or permits. Failure to make necessary arrangements may constitute forfeiture.

4. If a purchaser fails to pay for any item prior to the close of the banquet, CAMP FREEDOM reserves the right to pursue all legal remedies available to it. CAMP FREEDOM may undertake internal actions, which could result in sanctions including, but not limited to expulsion from future CAMP FREEDOM events.

5. Although CAMP FREEDOM makes reasonable efforts to list all extra and ancillary expenses not included in hunt, travel, service and other items, lists of expenses in auction item descriptions should not be considered exhaustive or definitive and CAMP FREEDOM will not be held responsible for their completeness or accuracy. The amounts of additional expenses listed in auction item descriptions are approximations and are subject to change without notice. Bidders should contact relevant donors before bidding for additional and updated information about expenses one can expect to incur in taking a hunt or trip or in using a service or item.

6. All tangible items are subject to local sales tax.

7. All of the terms and conditions set forth in the Auction Program Rules & Regulations are applicable to members purchasing items at auction or through raffle and such terms and conditions are incorporated herein by reference.

DISCLAIMERS OF WARRANTIES AND LIABILITY

General – Any hunts, trips, goods or services purchased by buyer at auction are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. CAMP FREEDOM makes no warranties about any Donor’s accuracy, competency or reliability, or of the buyer’s satisfaction with his/her purchase. CAMP FREEDOM’s acceptance of donor’s gift or donation does not imply endorsement of the donor or the donated hunt, trip, goods or services.

In no event shall CAMP FREEDOM, its directors, trustees, agents, employees, or representatives be liable for any direct, indirect, incidental, special, exemplary, or consequential damages however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way or form out of the Buyer’s purchase of trips, hunts, goods, services or anything else purchased by Buyer at auction.

Hunts – Although CAMP FREEDOM has used its reasonable efforts to ensure the quality of donated hunts and trips, it has no control over the operation of the donor and cannot and does not guarantee that the hunt or trip will be to the Buyer’s satisfaction. The Buyer understands and agrees that it is his/her responsibility to make all arrangements for hunt or trip dates, including travel and completion and filing of all necessary documents, including applications for licenses and permits. CAMP FREEDOM cannot guarantee or warrant that a trophy animal or any animal will be taken during a hunt. Some hunts are subject to VAT and GST liabilities, which sometimes are due and payable before the hunt can be taken. Buyer understands and agrees that CAMP FREEDOM is not responsible for these fees and that it is Buyer’s responsibility to pay these fees unless other arrangements are made with donor.

Goods - All goods covered by this invoice have been donated to or obtained by CAMP FREEDOM from third parties. The Buyer acknowledges that the goods have not been inspected by CAMP FREEDOM and that Buyer is advised, in the case of firearms, knives, bows, bullets, or other sporting and/or hunting equipment, to secure a competent inspection and test of the goods before use. The goods covered by this invoice are sold AS IS. Any written warranties relating to the goods are SOLELY those of the manufacturer or provider.

Services - All services covered by this invoice have been donated to or obtained by CAMP FREEDOM from third parties, and are to be furnished by such third parties. No such services are to be or will be performed by CAMP FREEDOM. CAMP FREEDOM has no control over the operation of the donor and cannot and does not guarantee the delivery or quality of any such services and it is not liable for any loss or damage arising from or relating to the provision or non-provision of such services. Buyer acknowledges and agrees that in the event services purchased are outside of the United States, CAMP FREEDOM shall not be responsible or liable for any political unrest or instability that may occur outside the United States, nor shall CAMP FREEDOM be held accountable for any injuries or damages.

No Refund Policy – This purchase is non-refundable. In no event shall Buyer seek reimbursement from CAMP FREEDOM and Buyer acknowledges and agrees that CAMP FREEDOM is not liable to refund the purchase price or any portion thereof.

Governing Law, Jurisdiction and Venue – This Agreement, its construction, performance and enforcement shall be governed by the laws of the State of Pennsylvania without regard to any conflicts of law provisions. For all claims or disputes in which CAMP FREEDOM is named as a party arising under or with respect to this Agreement or any item purchased at auction, Buyer agrees that the exclusive jurisdiction and venue for such disputes shall be in Lackawanna County, Pennsylvania. Buyer waives any objection or defense (including, without limitation any defense of inconvenient forum) that Buyer may now or hereafter have to the venue of any such action or proceeding in such courts. If legal action is required and CAMP FREEDOM prevails, CAMP FREEDOM shall be entitled to recover its attorney fees and costs.

Auction Program Policies – Buyer agrees that he/she is bound by the Auction Program Rules & Regulations and that he/she has read the above Disclaimers of Warranties and Liabilities and the Auction Buyer Policy and agrees to all such terms and conditions.