Executive Estate Auctions

Hold Harmless

By placing a bid and agreeing to pick up the purchased items, the Bidder and any individuals or entities associated with the Bidder agree to save, defend, keep harmless, and indemnify the Company, as well as its agents, clients, volunteers, board members, employees, and partners, from any and all claims, losses, damages, injuries, costs (including court costs and attorney's fees), charges, liabilities, or exposures arising out of or connected to the pick-up of items at the premises designated by the Company. This includes, but is not limited to, any injuries or damages sustained by the Bidder or their associates while on the premises.

 

Mandatory Arbitration

By placing any bid, you agree that if a dispute arises related to this auction that exceeds $10,000, including the bidding process, item pickup, or any other aspect of participation, and if the parties are unable to resolve the dispute directly, the parties agree to first attempt resolution through mediation administered by the American Arbitration Association (AAA) under its Commercial Mediation Procedures. If mediation does not resolve the issue, any unresolved controversy or claim arising out of or relating to this auction shall be resolved through arbitration administered by the AAA in accordance with its Commercial Arbitration Rules. Claims under this dollar amount may be resolved in small claims court. Judgment on the arbitrator's award may be entered exclusively in the courts of the State of New York or the federal courts located in New York, provided they have jurisdiction. The arbitrator’s ruling is conclusive and not subject to appeal. Neither party may pursue litigation except as provided herein, with small claims disputes handled in small claims court and arbitration rulings enforceable in federal or applicable state courts.

 

Class Action Waiver

By placing any bid, you agree that any claim must be made individually, and not as a plaintiff or class member in any alleged class, collective, representative, multiple plaintiffs, or similar process (“Class Action”). The parties explicitly forgo their respective rights to bring a class action in any forum. The arbitrator is not authorized to consolidate or aggregate comparable claims, to undertake class actions, or to grant an award to a person or entity that is not a party to the arbitration. Any allegation that this Class Action Waiver is unenforceable, unconscionable, invalid, or voidable in whole or in part may be resolved solely by a court of competent jurisdiction, not by an arbitrator. The parties acknowledge that they would have been entitled to litigate in court, to have their matter decided by a judge or jury, and to participate in a class or representative action. However, the parties recognize and agree that any disputes should be resolved individually, through arbitration based on the section above.