Auction Item 2 Terms & Conditions

These Supplementary Terms and Conditions (“Supplementary Terms”) apply specifically to the auction item titled “Fuel the Rise: Launch the Pho3nix Skateboarding Project in Chile” (the “Donation Lot”), offered as part of the Pho3nix Foundation’s charity auction (the “Auction”) hosted on the Givergy platform. By bidding on this Donation Lot, the participant (“Donor” or “Bidder”) agrees to be bound by these Supplementary Terms, in addition to Givergy’s general Auction Terms and Conditions and any applicable terms provided by the Pho3nix Foundation (“Pho3nix”).

1. Nature of the Donation
   1.1. This Donation Lot constitutes a philanthropic contribution in support of launching the Pho3nix Skateboarding Project in Santiago, Chile.
   1.2. The winning bid is a charitable donation, not a purchase. The only physical item provided in connection with this Donation Lot is one (1) signed skateboard by Olympic gold medallist Keegan Palmer, which is included as a token of appreciation and does not constitute consideration for the donation.
   1.3. The donation is tax deductible only in Switzerland, where the Pho3nix Foundation is registered as a recognised charitable entity. Donors outside Switzerland are responsible for seeking their own independent legal or financial advice regarding tax deductibility or reporting obligations in their jurisdiction.
2. Application of Funds
   2.1. The funds donated will be used by the Pho3nix Foundation, in partnership with qualified program leaders (including Martín Jaque and Francisco “Pepo” Basulto, where available) and local organisations, to:

• Deliver an 8-week pilot program for youth in Santiago
• Provide skateboards and protective gear for each participant
• Facilitate coaching, mentoring, and development workshops from Martín Jaque, Francisco “Pepo” Basulto or other suitably qualified coaches selected by Pho3nix
• Create a safe, inclusive environment to inspire personal growth through skateboarding
  2.2. While the above outlines the intended use of funds, Pho3nix reserves the right to allocate funds within the broader Pho3nix Skateboarding Program if, in its sole discretion, project requirements, logistical conditions, or force majeure circumstances necessitate such reallocation.
  2.3. Where the reserve price is not met but Pho3nix accepts the highest bid, the Donor acknowledges that Pho3nix retains full discretion to apply the contributed amount towards the Pho3nix Skateboarding Program or related initiatives in a manner consistent with its charitable objectives.

1. Donation Terms
   3.1. The donation is non-refundable under any circumstances, including but not limited to:

• Change in program delivery timeline or scope
• Substitution, relocation, or cancellation of elements of the proposed project
• Dissatisfaction with program outcomes or methods
  3.2. The donation is non-transferable and may not be assigned, sold, or otherwise conveyed to a third party, except for the signed skateboard, which becomes the property of the Donor upon delivery.
  3.3. The Donor acknowledges that their participation is voluntary and not contingent upon any deliverables, incentives, or future benefits from Pho3nix, other than the signed skateboard as described in clause 1.2.

1. Reporting and Acknowledgement
   4.1. Pho3nix will provide periodic reporting on the status and outcomes of the program funded by this Donation Lot. Reporting will be general in nature and will not constitute a contractual obligation to the Donor.
   4.2. Donor names may be publicly acknowledged unless the Donor expressly opts out by written notice within 7 days of the Auction’s conclusion.
2. Liability and Disclaimers
   5.1. The Donor acknowledges that they are contributing to a charitable initiative operating in an international development context, which may be subject to delays, environmental, logistical, political, or economic conditions beyond Pho3nix’s control.
   5.2. To the fullest extent permitted by law, Pho3nix and its partners disclaim all liability for:

• Delays in program commencement or completion
• Modifications to planned infrastructure or services
• Unforeseen local or governmental restrictions affecting delivery
  5.3. Under no circumstances shall Pho3nix, its directors, employees, contractors, or affiliates be liable for any indirect, incidental, consequential, or punitive damages arising from or related to this donation.

1. Jurisdiction and Governing Law
   6.1. These Supplementary Terms shall be governed by the laws of Switzerland.
   6.2. Any disputes arising in connection with this Donation Lot shall be subject to the exclusive jurisdiction of the courts of Switzerland.
2. Severability
   7.1. If any provision of these Supplementary Terms is found to be invalid or unenforceable by a court of law, the remaining provisions shall remain in full force and effect.
3. Entire Agreement

These Supplementary Terms, together with Givergy’s general Auction Terms and Conditions, constitute the entire agreement between Pho3nix and the Donor in relation to this Donation Lot. By placing a bid, the Donor acknowledges and agrees that no additional promises, representations, or assurances outside of these written terms have been relied upon.