Letter of Agreement
This is an online version of our Letter of Agreement. Upon checkout, you must acknowledge that you have read and agree to all the terms within. A personalized, electronically timestamped copy of this Letter of Agreement will be emailed to you upon completion of checkout.
Letter of Agreement
October 23rd, 2019
Non-Profit Organization Name
Dear Non-Profit Contact Name,
Within this document, Winspire has provided access to the necessary promotional materials for each of the experiences the Nonprofit intends to use, including full experience description, full- color display sheet and a promotional image. All text details of each experience must be used exactly as provided. Winspire assumes no responsibility for any changes made by the Nonprofit to the text details of any experience. Furthermore, all auction items are subject to this Event Agreement. Winspire recommends that the Nonprofit provide this Event Agreement to its winning bidders.
Winspire experiences are offered on a no-risk basis, meaning that the Nonprofit purchases these item(s) only after knowing what is sold at the event. If an experience does not successfully sell, the Nonprofit is not required to purchase the item(s). Prior to placing an order, the Nonprofit will be asked to confirm the receipt of payment from the winning bidder. All experiences that are confirmed by the Nonprofit organization and invoiced by Winspire are non-refundable.
The purchase of most Winspire experiences includes a complimentary booking service, allowing the winning bidder to work directly with Winspire to book each of the components of the purchased experience. To facilitate this service, it is necessary for the Nonprofit to provide the name, telephone number and email address of each winning bidder when placing the order. All Winspire experiences must be booked a minimum of 60 days in advance.
Some Winspire experiences require the winning bidder to present hard-copy certificates at check in. These certificates will be sent directly to the travelers once the trip details have been finalized. These certificates must be treated the “same as cash”. Winspire can not guarantee that lost certificates can/will be replaced. Airfare expires one year from the date of invoice. Any airport departure taxes, fees or fuel surcharges (if charged) are the responsibility of the purchaser. In the unlikely event of an ownership change to one of the included hotels, Winspire will use its best effort to find comparable accommodations for that experience.
Force Majeure. In the event that Winspire is unable to fulfill such party’s obligations hereunder due to any event of force majeure, including, without limitation, any Act of God, terrorist act, war, health pandemic or epidemic, government regulation or order, labor disputes and disturbances or any other cause beyond such party’s control, Winspire shall use commercially reasonable efforts to remedy the situation to the extent possible.
PRICING & PAYMENT
Payment will be made only in U.S. dollars and is due, in full, within 30 days from date of original invoice. Any monies owed to Winspire are subject to a late fee of 1.5% per month after being more than 30 days past due. If Winspire has not received payment for invoiced experiences within 60 days of original invoice date, the order will be cancelled and the Nonprofit will be charged a 10% restocking fee. If cancelled, the Nonprofit will be given the opportunity to reorder the experience(s), but at the prevailing price at the time of the reorder. Winspire accepts checks and all major credit cards. Should the Nonprofit choose to pay with a credit card, there will be a 3% processing fee added to the transaction amount.
Winspire reserves the right to change pricing on any experience as long as the Nonprofit’s event is 30 days or more out. Experience prices and text details are subject to change if order is not invoiced within 30 days of the event date.
SUGGESTED RETAIL VALUE:
Winspire recommends that the explanations provided below (in italics), regarding Suggested Retail Value, be included in any program rules and/or with any documentation that the Nonprofit provides to the winning bidder(s) for the experiences being used at the event.
All suggested retail values are based on the following:
Airfare: Peak round-trip rates during premium travel season and participating cities are used for the 48 contiguous United States, Hawaii, Canada, Caribbean, Mexico, Central America, South America, Europe, Pacific (Asia, Australia, South Pacific Islands).
Hotels and Tours: Hotel’s published “Rack Rate” plus all applicable sales tax.
Packages: Each component of a package is priced separately to determine the total suggested retail value.
All rates are based on the high season that the package is eligible for redemption.
The suggested value is just one part of the full written description for our packages. Suggested values are calculated this way because hotel and air costs can vary greatly throughout the year and from different departure cities. We recommend that starting bids for our trips be based on the non-profit price and not based on the suggested value.
Cruises: Brochure rate for the cabin plus airfare add-ons offered by the cruise line in the brochure.
Ground Transportation: Unless specifically stated otherwise, no ground transportation is included in any package. The winning bidders are required to secure and pay for ground transportation from airports to hotels, airports to cruise ships, hotels to include attractions or tours, etc.
Nonprofit Name plans to use the following experiences in its NP Event Date event. (Click on the "Download Display Materials" link for each experience to view and download detailed descriptions as well as promotional pieces. Please note, experience description details are subject to change and should be downloaded or reviewed again just prior to usage in your event.)
In order to increase your fundraising revenue potential;
MOST WINSPIRE EXPERIENCES CAN BE SOLD MULTIPLE TIMES.
FEEL FREE TO SELL THEM AS MANY TIMES AS POSSIBLE.
Additional terms and conditions:
- Disclaimer. Winspire is generally only a reseller of third party experiences and for products and/or services, and Winspire cannot be responsible for the business or activities of those third parties, including, without limitation, whether those parties are in compliance with law or whether the experience descriptions supplied by such third parties are accurate or complete.
- Pricing; Payment. Nonprofit understands the calculation for the Suggested Retail Value of Winspire experiences. Nonprofit understands that invoices must be paid within 30 days or the package will be subject to a 1.5% per month late fee. If a payment is not made within 60 days, a 10% restocking fee will apply. Once invoiced, Winspire travel experiences are non-returnable and non-refundable.
- Nonprofit’s Obligations. Nonprofit agrees to provide the name, telephone number and email address of each winning bidder upon confirmation of order. Nonprofit agrees not to change any description of the experience as supplied in the various documents provided by Winspire, and hereby represents and warrants to Nonprofit that the experience description has not been altered from that provided by the vendor.
- Compliance With Law. The third party providers of products and services are solely responsible for ensuring that the products and services are in compliance with all federal, state and local laws, and Winspire is not liable in any way for noncompliance with applicable laws by the provider. If a winning bidder needs accommodation for a disability, he or she is responsible for notifying the third party provider of the facility or service so that such third party can offer alternatives as appropriate, especially for facilities or events that may sell out. Winspire will assist winning bidders in so notifying the third party provider but is not liable for compliance with the Americans with Disabilities Act or other state or local laws regarding public accommodation or ticket sales.
- Disclaimer of Representations and Warranties. Nonprofit agrees and acknowledges that (other than the as specifically set forth above) Winspire makes no representations or warranties regarding the experience or components thereof. Winspire’s sole obligations under this Agreement are (i) to reproduce the item description exactly as provided by the vendor, and (ii) to deliver the item certificate to the winning bidder at the address provided by the Nonprofit. OTHER THAN AS SPECIFICALLY SET FORTH HEREIN, WINSPIRE MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED, AS TO ANY OTHER MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF EXPERIENCES OR SERVICES PROVIDED HEREUNDER, AND WINSPIRE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NEED, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
- Indemnification. Nonprofit agrees to hold harmless, indemnify and defend Winspire against any claims made by any third party bidders, vendors or others for damages or other claims related to the experiences or the terms and conditions applicable thereto.
- Limitation of Liability. Winspire’s liability under this agreement shall be limited to confirmed delivery of the certificate and Winspire shall not be liable for any ￼consequential, special or punitive damages. Winspire’s total aggregate liability for any claim under this Agreement shall not exceed the amount paid or owed by the winning bidder for the experience to which the claim relates.
- Email Communications. Nonprofit agrees that Winspire may from time to time send emails to Nonprofit containing such items as: company newsletters, new experience introductions, product promotions and other marketing related documents and tools. To opt out of future mailings, please use the “opt out” feature provided at the bottom of any such mailing and the email address will be removed from our database.
- Winning Bidder Communications. Nonprofit agrees that Winspire may from time to time send emails to winning bidders containing special travel promotions. At such time winning bidders will have the ability to "opt out" if they prefer to not receive these communications.
SPECIAL TERMS (ONLY APPLIES TO): “Luxury Properties” silent auction items.
This does not apply to all Winspire experiences.
Luxury Properties (Preferred Hotels and Resorts) items CANNOT be sold multiple times, unless approved in advance by your Winspire contact.
TRAVELER TERMS AND CONDITIONS: Travel is valid only for the time period specified in the package description (currently July 1, 2019 through June 30, 2020). The travel deadline may not be extended for any reason. Room reservations are valid for a standard category room at the property specified. Reservations must be booked through Winspire a minimum of 60 days in advance and are subject to availability. All purchases are non-refundable. Packages cannot be resold. Suggested retail value is calculated using the average of the “price range” as indicated on Trip Advisor at the time of publication. Taxes (including room and sales tax), resort fees and incidentals are the responsibility of the purchaser. Once a reservation is confirmed, any changes or cancellations are subject to the policies and fees of the individual property.
Raffle terms and conditions:
- No cash prize(s) can be offered as an alternative to the Winspire travel package(s). If other alternative prizes are offered, the value should be no greater than 50% of the Winspire package cost.
- We do not recommend running a raffle if there isn’t a high degree of certainty of achieving the minimum ticket sales planned. Extending a raffle or offering a 50/50 cash alternative is not recommended as a best practice and can damage public perception of the raffle and the Nonprofit organization. If the minimum ticket sales goal is not achieved and a 50/50 cash alternative is offered, Nonprofit will pay Winspire a $500 fee for services rendered.
- Package inclusions, availability and pricing is guaranteed for 30-days from reserving the Winspire packages per the Letter of Agreement. If the raffle sales time period is set for more than 30-days from your Winspire reservation:
- The package inclusions and availability are subject to change and must be noted on promotional material and on the raffle tickets.
- Pricing may change due to potential changes in vendor contracts. In that case, Winspire will limit the price increase of the ‘nonprofit cost’ to no more than 5%.
- Date specific packages i.e. award shows, sporting events, etc. should be approved in advance to guarantee availability.
- Raffle winners must select from the package(s) pre-selected and reserved by the charity and packages cannot be exchanged, transferred or donated. The Winspire package must be selected by the winners and ordered by the charity within 14-days of the raffle drawing.
- Raffle laws are issued at the state level. Compliance with state laws and tax regulations are the responsibility of the offering charity.
By clicking the “Accept” button for online Event Agreements, the Nonprofit hereby acknowledges and agrees to the terms of this Event Agreement set forth above.