2023 Auction Rules
GENERAL
This year’s Austin Magic Auction (“AMA”) benefits Assembly 206 of the Society of American Magicians and Ring 60 of the International Brotherhood of Magicians (collectively the “Austin Magic Clubs”). The auction is capped at 30 sellers in the live auction and approximately 1,000 items in the silent auction.
All persons participating in the auction, whether as a seller or bidder, are subject to these Auction Rules.
AMA reserves the right to deny entry to the auction or to eject from the auction premises any person who violates these rules or commits behavior that it, in its sole discretion, determines is disruptive to the auction. No refunds will be provided in this circumstance.
AMA AND AUSTIN MAGIC CLUBS ARE NOT LIABLE, AND AUCTION ATTENDEES ASSUME ALL LIABILITY, FOR ALL PERSONAL INJURY, PROPERTY DAMAGE OR INTELLECTUAL PROPERTY INFRINGEMENT CONNECTED WITH THEIR ATTENDANCE AT THE AUCTION. ATTENDEES WILL INDEMNIFY AND HOLD AMA AND THE AUSTIN MAGIC CLUBS, THEIR VOLUNTEERS, AUCTIONEERS, AND AGENTS HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, SUITS, COSTS, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES) OF ANY KIND, IN ANY WAY CONNECTED WITH THEIR ATTENDANCE AT THE AUCTION. THIS INCLUDES, WITHOUT LIMITATION, CLAIMS CONCERNING AMA OR THE AUSTIN MAGIC CLUBS’ OWN NEGLIGENCE.
SELLERS
ITEMS TO BE AUCTIONED
All items must be in good working order and include instructions (original, copies or written instructions). No duplicate items (from the same seller) are allowed.
AMA reserves the right not to offer any item submitted by a seller at the auction for any reason, including without limitation if it finds in its sole discretion that an item is not in good condition, lacks instructions, is unlikely to sell, or due to time constraints is not reached. With respect to the items AMA decides to offer, AMA has sole discretion to determine whether the item is submitted for silent or live auction. AMA likewise has sole discretion, at any time before or during the auction, to change the manner in which an item is auctioned. AMA in its sole discretion will determine whether to disclose the reserve fee for an item.
REGISTRATION AND SUBMISSION OF ITEM LIST
Interested sellers must complete the Seller information form and pay the non-refundable seller registration fee of $15, which includes the cost of admission to the auction.
After registering for the auction, sellers must submit their list of up to 50 items and photos of the items starting October 1st and no later than Oct 28th. If a list is not submitted by the deadline, AMA reserves the right in its unilateral discretion to exclude the seller’s items from the auction.
Sellers must list their items on the form provided by the auction. Items must be described in detail, include a photo, and must include a minimum bid. For example:
Losander Floating Table (the “original” model,purchased new for $700). Table is cherry-stained wood. It is in excellent shape and works perfectly. The table breaks apart into five pieces for easy storage in a carrying case (included). Table comes with gimmick, cloth and small wooden box that sits on the table. Includes DVD instructions. Minimum bid: $100.
Photos need not be display quality so that volunteers can accurately match the item description to each item received. Photos may be used by AMA for any purpose, including without limitation to advertise the auction.
AUCTION FEE
Sellers will be charged an auction fee of 20% of the selling price of each item sold. There is no charge for unsold items.
WARNING- AMA discourages sellers from bidding on their own items to raise the price. If you do bid on any item and end up having to buy it, you will be charged the auction fee to take it back home with you.
Sellers must pay for their auction purchases. Sellers may not “charge” or offset items purchased against items they sold.
DELIVERY OF ITEMS TO BE AUCTIONED
All items must be received by October 28th. Exceptions for large stage illusions will be handled on a case-by-case basis.
All sellers must arrange to have their unsold items picked up at the end of the auction. AMA is not responsible for unsold items after the auction ends.
Absent a separate written agreement executed between a seller and AMA, all items not picked up at the end of the auction will be donated to the Austin Magic Clubs. The Austin Magic Clubs have unilateral discretion on what to do with donated items, including without limitation the right to discard or give away items at the end of the auction.
PAYMENT
Sellers will receive payment for items sold at the auction, net of the auction fee, approximately two weeks after the auction.
BIDDERS
ADMISSION
Admission to the auction is $15 per person. All persons attending any portion of the auction who are not Sellers must pay the admission fee.
Each Bidder will be provided a number with which to make bids.
CONDITION AND DESCRIPTION OF ITEMS PURCHASED
Bidders are solely responsible for inspecting, determining the condition of an item, or seeking additional information about an item prior to bidding.
Bids may not be retracted and once made are fully enforceable by AMA. Bidders are purchasing items “as is, where is” with all defects at their own risk. Bidders make their purchase decisions in reliance solely on their own observation or inspection of each item and without reliance on any representation or description by the AMA or any of its auctioneers, volunteers or representatives. AMA shall have no liability in connection with the sale of any item.
AMA AND THE AUSTIN MAGIC CLUBS DO NOT MAKE AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, FOR THE ITEMS BEING SOLD, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT AMA OR THE AUSTIN MAGIC CLUBS KNEW OR HAD REASON TO KNOW OF ANY PARTICULAR PURPOSE. AMA AND THE AUSTIN MAGIC CLUBS LIKEWISE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY WARRANTY AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY.
SILENT AUCTION
Bidders may not open bags on the silent auction tables.
Bidders desiring to inspect a silent auction item must ask for assistance from an AMA volunteer who will determine whether inspection is allowable.
Bidders consent to AMA resolving any disputes arising out of silent auction items. AMA has sole discretion to determine the winning bid for a silent auction item.
LIVE AUCTION
The order in which items are presented is subject to change from any order that is published. AMA, in its sole discretion, determines the order of items auctioned. Bidders may make a bid by holding up their bidding numbers in plain sight and call out their numbers if requested by the auctioneer. Bidders making a winning bid must keep their numbers up until they receive acknowledgment that their number has been documented by AMA volunteers.
The decisions of AMA auctioneers are final. Disputes arising from simultaneous bids, erroneous bids, etc., shall be resolved at the sole discretion of the auctioneer, and may include a decision to resume bidding or to close the bidding for an item.
PAYMENT AND REMOVAL OF PURCHASES
Bidders must purchase the items they won at the end of the auction during checkout. Payment must be made by cash or credit card.
No items may be removed from the building until purchased at checkout.
After checking out, all items purchased must be removed from the building immediately.
Items not sold in the silent auction must be removed immediately after the end of the event or they will be donated to the Austin Magic Clubs.
Bidders are solely responsible for items purchased after receipt. AMA has no responsibility for items lost, misplaced, damaged or stolen after receipt.
FOOD AND DRINK
Outside food and drink is allowed. However, food and drink are only permitted in those areas specifically designated by AMA. Bidders may ask AMA volunteers for the location of such areas.
We are happy you are here and hope you will return next year. If you need any help during your visit, please do not hesitate to contact one of the auction volunteers.