Auction Item 8 Terms & Conditions

Supplementary Terms and Conditions – Fund a Pho3nix Athlete on the Path to the Olympics
These Supplementary Terms and Conditions (“Supplementary Terms”) apply specifically to the auction item titled “Fund a Pho3nix Athlete on the Path to the Olympics” (the “Experience Lot”), offered as part of the Pho3nix Foundation’s charity auction (the “Auction”) hosted on the Givergy platform. This Experience Lot includes five (5) identical packages and will be awarded to the top five (5) bidders in the silent auction. By bidding on this Experience Lot, each participant (“Winner” or “Bidder”) agrees to be bound by these Supplementary Terms, in addition to Givergy’s general Auction Terms and Conditions and any applicable terms published on the Pho3nix Foundation website.

1. Nature of the Experience
   1.1. This Experience Lot represents the opportunity to directly support a Pho3nix athlete on their journey toward Olympic qualification and competition, as described in the auction listing.
   1.2. The winning bids are charitable donations in support of Pho3nix programs and the named athletes. This lot is sold as a philanthropic sponsorship experience and may not be exchanged for cash or other goods or services.
   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. Package Inclusions
   2.1. Each package is for one (1) Winner and includes:

• A formal acknowledgement as a supporter of the nominated Pho3nix athlete in select Pho3nix communications and/or materials, as determined by Pho3nix
• Regular progress updates on the athlete’s training and competition schedule during the supported period
• An opportunity to meet the athlete in person or virtually (subject to the athlete’s availability and competition schedule)
• Invitations to any relevant Pho3nix-hosted events during the sponsorship period (travel and accommodation not included unless otherwise stated)

2.2. All other costs, including travel, accommodation, visas, insurance, and incidental expenses associated with attending any events or meetings with the athlete, are the responsibility of each Winner.
2.3. Dates for any meetings or events are subject to the athlete’s availability and cannot be altered by the Winner. Pho3nix reserves the right to modify the schedule where necessary.

3. Participation and Engagement
   3.1. All Winners acknowledge that:

• The athlete’s training, travel, and competition schedule will take priority, and all interactions will be subject to reasonable availability
• The level and frequency of updates will be determined by Pho3nix in consultation with the athlete
• No guarantee is made that the athlete will qualify for or compete in the Olympic Games

3. Donation Terms
   4.1. The donations are non-refundable under any circumstances, including but not limited to:

• Changes to the athlete’s competition plans or availability
• Injury, illness, or retirement of the athlete
• Dissatisfaction with the experience or sponsorship exposure provided

4.2. The donations are non-transferable, except with prior written consent from Pho3nix.

5. Acknowledgement and Publicity
   5.1. Pho3nix may publicly acknowledge the Winners unless they opt out by written notice within 7 days of the Auction’s conclusion.
   5.2. Photographs, video, or testimonials from the experience may be used by Pho3nix for promotional purposes, with the Winners’ consent.
6. Liability and Disclaimers
   6.1. The Winners acknowledge that Pho3nix is not responsible for the athlete’s performance, competition results, or future career outcomes.
   6.2. To the fullest extent permitted by law, Pho3nix and all related partners disclaim all liability for any loss, damage, or disappointment arising from the Experience Lot, except where caused by gross negligence.
7. Jurisdiction and Governing Law
   7.1. These Supplementary Terms shall be governed by the laws of Switzerland.
   7.2. Any disputes arising in connection with this Experience Lot shall be subject to the exclusive jurisdiction of the courts of Switzerland.
8. Severability
   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.
9. Entire Agreement
   These Supplementary Terms, together with Givergy’s general Auction Terms and Conditions, constitute the entire agreement between Pho3nix and the Winners in relation to this Experience Lot.