Terms & Conditions

1. Agreement to Terms

These Terms & Conditions constitute a legally binding agreement between you (whether individually or representing a non-profit foundation, school, gala committee, or charity entity) and Desmond's Dynamic Auctions ("Company," "we," "our," or "us"), owned and directed by Patrick Desmond, BAS.

By accessing our website (https://desmondauctions.com), scheduling consultations, or retaining our auctioneering and consulting services, you agree to be bound by these terms. If you do not agree to all provisions, you are explicitly prohibited from utilizing our site and services.

2. Scope of Professional Services

Desmond's Dynamic Auctions specializes in live gala entertainment and benefit fundraising consulting, including:

• Live Benefit Auction Calling: Professional, high-velocity chant calling, bid spotting, and momentum management conducted by a certified Benefit Auction Specialist (BAS).
• Fund-a-Need / Paddle Raise Architecture: Crafting strategic giving levels, establishing emotional crescendo timing, and orchestrating room-wide donor participation.
• Pre-Event Strategy & Timeline Engineering: Run-of-show design, auction package sequencing, starting bid valuation formulas, and spotter/volunteer coaching.
• Dynamic Master of Ceremonies (Emcee): Keeping guest energy high, commanding 100% room attention, and maintaining precise minute-by-minute timeline control.

3. Consultations, Booking & Binding Contracts

Initial 30-minute Zoom strategy calls, phone evaluations, and date availability checks conducted via this website are preliminary inquiries and do not guarantee an event date reservation.

4. Professional Licensing & Code of Ethics

Patrick Desmond is a licensed auctioneer in the State of Illinois (License #441002679) and holds the prestigious Benefit Auction Specialist (BAS) designation from the National Auctioneers Association (NAA). All auction activities, clerking coordination, and bid resolutions are conducted in strict compliance with:

• The National Auctioneers Association Code of Ethics.
• Applicable state auctioneer licensing acts and commercial code statutes.
• Federal and local regulations governing charitable solicitation and 501(c)(3) raffles/auctions.

5. Client Responsibilities & Event Logistics

To ensure a record-shattering gala, the contracting organization agrees to:

• Provide accurate item descriptions, donor provenance, restrictions, and fair market values (FMV) in advance of the event.
• Coordinate appropriate professional audio/visual equipment (including an approved wireless handheld or headset microphone and designated sound technician).
• Designate recording clerks and spotters as outlined during pre-event planning sessions.
• Ensure all live auction packages comply with applicable state and federal laws (e.g., alcohol transport restrictions, firearms regulations, travel vouchers).

6. Fees, Invoicing & Payment Terms

Service fees, flat honorariums, travel allowances, or performance-tiered compensation structures are specified exclusively in each client's individual written contract. Retainers submitted to secure an event date are applied toward the final engagement balance. Invoices are payable upon the terms stipulated in the formal contract.

7. Rescheduling, Postponement & Force Majeure

We understand that unforeseen emergencies may occasionally disrupt charitable events. In the event of force majeure (including severe natural disasters, venue structural failures, declared public health emergencies, or government mandates):

• Both parties agree to cooperate in good faith to reschedule the auction services to an agreeable alternate date within 12 calendar months, subject to calendar availability.
• Previously paid retainers will transfer to the mutually confirmed rescheduled date without penalty.

8. Intellectual Property & Promotional Materials

All content on this website—including copy, trademarks, branding, logos, video showreels, photography, audio clips, and timeline engineering methodologies—is the intellectual property of Desmond's Dynamic Auctions and is protected by copyright and intellectual property laws.

With the client's mutual approval, Desmond's Dynamic Auctions reserves the right to capture brief stage photographs or video snippets of Patrick Desmond in action for professional portfolio validation and showreel updates, ensuring non-profit branding is represented with dignity and elegance.

9. Performance Disclaimer & Limitation of Liability

While Patrick Desmond brings over 15 years of certified expertise and an established track record of shattering previous fundraising totals, total auction revenue is inherently subject to external variables, including audience wealth demographics, item appeal, prevailing economic factors, and overall ticket attendance. Consequently, we provide strategic expertise and dynamic execution, but do not guarantee specific dollar amounts raised.

In no event shall Desmond's Dynamic Auctions or Patrick Desmond be liable for any indirect, consequential, exemplary, or punitive damages arising out of event operations. Our total aggregate liability under any circumstance shall not exceed the professional fees actually received under the applicable service contract.

10. Governing Law & Dispute Resolution

These Terms & Conditions and any formal engagement agreements shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. Any legal actions or proceedings arising hereunder shall be instituted in the state or federal courts situated in Illinois.

11. Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

12. Contact Information

For questions regarding these Terms & Conditions or to inquire about retaining Patrick Desmond, BAS for your upcoming benefit gala: