Wildwood Follow the Crows Auction
Date 11/15/26
Introduction
The Wildwood Follow the Crows Auction is managed by the Oregon Health &
Science University Foundation (OHSU Foundation) registered Non-Profit 23-
7083114 in partnership with Downtown Portland Clean & Safe registered Non-Profit
number 93-0923476.
The Auctioneer is Dale Johannes.
The Wildwood Follow the Crows online auction is managed by Wild in Art (WIA) with
OHSU Foundation, with sculpture delivery logistics support from Downtown Portland
Clean & Safe and with online auction partner Bidpath.
Data Protection
By registering to bid at Wildwood Follow the Crows Trail Auction you are consenting
to allow Wild in Art (WIA), OHSU Foundation, registered Non-Profit 23-7083114 to
contact you about the Wildwood Follow the Crows Trail Auction and acknowledge
that Wild in Art and OHSU Foundation will process your personal data in accordance
with their Privacy Notices for the purposes of administering the Wildwood Follow the
Crows trail Auction.
If you indicate that you may want to make a Telephone Bid or an Absentee Bid, you
are also consenting that this information will be provided to the Auctioneer for the
purposes of administering the Wildwood Follow the Crows Trail Auction.
If you register for the online auction, you are also consenting that this information will
be provided to Bidpath for the purposes of administering the Wildwood Follow the
Crows Trail Auction.
Your data will be stored and shared in accordance with applicable law and the
Privacy Notices listed below.
After the auction, OHSU Foundation may get in touch with you using the contact
details you provide to ask if you would like to hear more from them in the future. If
you would prefer not to be contacted for this purpose, please email
optout@ohsu.edu using the subject line ‘Wildwood Follow the Crows Trail Auction
Stop Contact’.
As part of our commitment to privacy and transparency, you can review more
information about how we collect and use personal information via our Privacy
Notice.
1. Wild in Art - wildinart.co.uk/privacy-policy
2. OHSU Foundation - ohsufoundation.org/privacy-and-security
3. Bidpath - bidpath.com/privacy-policy
4. Downtown Portland Clean & Safe - downtownportland.org/privacy-policy
Buyer’s Guide
1. Introduction
This Buyer’s Guide contains a brief overview of the Wildwood Follow the Crows Trail
Auction process and the terms under which Lots are made available for sale at
Auction. Please read the Buyer’s Guide and the Terms and Conditions of Sale
carefully. By registering to bid and participate in the Auction, you will be deemed to
have agreed to be bound by them.
2. Definitions
2.1. When the following words are used in this Buyer’s Guide, they mean:
Auction - A live sale by auction managed by OHSU Foundation and Wild in Art.
Bidder - Any person, properly registered and approved by OHSU Foundation and/or
WIA to participate in the Auction who makes or considers making a bid to buy a Lot
at Auction
Buyer - The person or organization making the highest bid or offer for a Lot
accepted by the auctioneer, including a principal bidding as agent.
Guarantee of Authenticity - OHSU Foundation and WIA guarantee that the items
sold at the auction are the 30 sculptures created by artists, displayed at the
Wildwood Follow the Crows Trail event and sold to raise money for OHSU
Foundation.
Hammer Price - The highest bid for a Lot accepted by the auctioneer at the Auction
or, in the case of a post-auction sale price.
Lot - Individual item listed in the Auction Catalog.
Purchase Price - The Hammer Price – plus shipping, and a use tax if it is shipped
out of state.
3. Before the Auction
3.1. Bidder Registration
3.1.1. Every person or organization wishing to make a bid is required to register
before participating at the Auction.
3.1.2. Those wishing to attend the Auction in person as a Bidder either in their own
capacity or as an agent for another bidder, must complete the Bidder Registration
process in advance of the auction at Lewis & Clark College, Agnes Flanagan
Chapel. Please contact tylermal@ohsu.edu.
3.1.3 Those who wish to bid in the Auction either by telephone or by using an
absentee, proxy or with a written bid must also complete the Bidder Registration
process. Please contact tylermal@ohsu.edu.
3.1.4 Those who wish to bid in the Auction online must create a Wild in Art Auctions
Account and register for the Wildwood Follow the Crows Trail auction. The Online
Auction Registration Form must be completed in full and the bidder will be asked to
provide credit card information to comply with our due diligence checks.
3.1.5. To register as an in person Bidder, the bidder must provide at least one (1)
form of ID which must include one (1) government-issued photo identification. If this
does not state your current address, proof of address will also be required.
3.1.6. If registering as an organization, you must provide a copy or original certificate
of incorporation, or, in the case of unregistered entities, other satisfactory evidence
– contact tylermal@ohsu.edu for confirmation of what will be acceptable.
3.1.7. If you are registering as an agent to bid on behalf of another party, you must
produce the relevant ID documents in 3.1.5. and 3.1.6 above for yourself and the
person or organization on whose behalf you are acting. In addition, you must provide
a written and signed authority from the third party confirming your authority to bid on
their behalf.
3.2. Delivery or Collection of Artworks
3.2.1. Without any liability, our shipping partner can provide shipping estimates
before the Auction; a Bidder requiring this information should
email smead@portlandalliance.com including the Lot number and shipping address
at least 3 business days before the start of the Auction.
3.2.2. If delivery is requested, invoices for the delivery of sculptures will be raised
and emailed to the successful buyer the day following the Auction. Invoices for
delivery must be paid before delivery takes place.
3.2.3 If the Bidder is based outside the USA, the Bidder should ensure in advance of
the Auction that the Lot can be exported from the USA and imported into the country
of destination. No sale will be cancelled because the Lot may not be imported into
the country of destination.
3.2.4 Downtown Portland Clean & Safe and OHSU Foundation will work with any
parties who wish to export their sculptures. We will be able to recommended third-
party independent freight agents who can advise Bidders on relevant export
licensing regulations and may assist with export license applications. Neither
Downtown Portland Clean & Safe, OHSU Foundation nor its freight agents can
guarantee that any licenses, permits or consents will be granted. Any Bidder who
may require this assistance needs to email smead@portlandalliance.com at least 7
days before the Auction.
4. At the Auction
4.1. Bidding
4.1.1. All bids are by individual Lot unless the auctioneer states to the contrary
during the live Auction. Lots will usually be sold in their numbered sequence, unless
the auctioneer announces otherwise.
4.1.2. All bids must be made in English only.
4.1.3. The auctioneer may accept bids from Bidders present in the sale room, via
telephone, online or written bids delivered before the Auction commences using the
Bidder Registration Form.
4.1.4. Telephone Bidders must provide a list of Lots on which they intend to bid at
least 24 hours before the start of the Auction. Please email this to us
at tylermal@ohsu.edu.
4.1.5. Where a Bidder submits more than one written bid for the same Lot, they will
be executed at the lowest possible price.
4.1.6. Online bids shall be made in accordance with and subject to the terms of the
online auction platform.
4.1.7. The Auctioneer may accept or decline bids at his entire discretion.
5. After the Auction
5.1. Successful bids
5.1.1. OHSU Foundation will raise invoices for each successful Bid at the end of the
Auction and these will be sent to the successful Bidders by hand or email. The
invoice will show the Hammer Price to be to be paid, and identify the Lot purchased.
5.2. Payment
5.2.1. Payment is due when the Lot is knocked down to you on the fall of the
Auctioneer’s hammer in respect of the Lot.
5.2.2. Unless agreed in writing with you by OHSU Foundation, you must pay all the
sums in US Dollars either on the evening upon winning the Lot or within 5 days of
the invoice being issued and you must ensure that the funds are cleared by the 5th
business day from when the invoice was issued. Payment must be in US Dollars and
may be made by electronic transfer, debit card, credit card (up to a maximum of
$25,000), cashier's check or cash (up to a maximum of $5,000).
5.2.3. Credit card payments will incur a transaction fee of 3% and are only
acceptable on the express understanding that the Lot is not returnable, refundable
nor exchangeable and no charge card credit may be issued in the event of any such
return. If payment is made by credit card, the Buyer will not undertake any action or
effort to stop payment, seek a refund, or attempt a charge back of such amounts – or
any Credit Card Fee assessed thereon – by the issuer of the credit card.
5.3. Shipping and storage
5.3.1. The Buyer is responsible for organizing delivery or collection of their purchase
and Lots must be collected within 7 days of the funds for the full purchase price
clearing unless other agreed in writing with Downtown Portland Clean & Safe/OHSU
Foundation.
5.3.2 The purchaser will be responsible for paying the daily storage cost of $100 per
day from the 8th day after Downtown Portland Clean & Safe/OHSU Foundation has
received the full purchase price in cleared funds.
5.3.3 Alternatively our shipping partner can provide a quote for delivery/shipping –
please email us at smead@portlandalliance.com
5.3.4 A Buyer who wishes to collect their sculpture must contact Downtown Portland
Clean & Safe/OHSU Foundation by email at smead@portlandalliance.com giving
details of:
(1) The name of the individual or company collecting the artwork – and agree a form
of identification
(2) The proposed date of collection
Downtown Portland Clean & Safe/OHSU Foundation will then agree a date for the
collection and send to the Buyer details of the address and collection time and other
pertinent information. All collections are at the new Buyers’ risk.
Terms and Conditions
These Terms and Conditions of Sale (“Conditions”) set out the legal relationship
between the Buyer and OHSU Foundation. By registering to bid and participate in
the Wildwood Follow the Crows Trail Auction, you will be deemed to have read and
agreed to be bound by these Conditions and the accompanying Buyer’s Guide.
1. Interpretation
In the event of any conflict between these Conditions and the Buyer’s Guide, these
Conditions shall take precedence.
2. Definitions
2.1. The following words in these Terms and Conditions mean:
Auction - A live sale by auction managed by OHSU Foundation and Wild in Art.
Bidder - Any person, properly registered and approved by OHSU Foundation and/or
WIA to participate in the Auction who makes or considers making a bid to buy a Lot
at Auction
Buyer - The person or organization making the highest bid or offer for a Lot
accepted by the auctioneer, including a principal bidding as agent.
Guarantee of Authenticity –OHSU Foundation and WIA guarantee that the items
sold at the auction are the 30 sculptures created by artists, displayed at the
Wildwood Follow the Crows Trail Auction event and sold to raise money for OHSU
Foundation.
Hammer Price - The highest bid for a Lot accepted by the auctioneer at the Auction
or, in the case of a post-auction sale price.
Lot - Individual item listed in the Auction Catalog.
Purchase Price - The Hammer Price, plus shipping, and an additional use tax if
shipped out of state.
3. Catalog descriptions and condition of Lots
3.1. All Lots are sold subject to their condition at the date of the Auction. By making a
bid, the Bidder accepts the actual condition of the Lot and acknowledges that if a bid
is successful, the Buyer will buy the Lot ‘as is’.
3.2. OHSU Foundation cannot guarantee that colors are properly shown in the
Auction catalog. All Lots are sold ‘as is’. Bidders are encouraged to inspect Lots and
satisfying themselves as to condition before bidding.
4. Before the Auction
4.1. Every person planning to bid in person must register as a Bidder at the Auction
event at Lewis & Clark’s Agnes Flanagan event space in accordance with the
Buyer’s Guide see Bidder Registration. Those who wish to bid in the Auction online
must create a Wild in Art Auctions Account and register for the Wildwood Follow the
Crows Trail auction at https://wildinartauctions.com/. The Online Auction Registration
Form must be completed in full and the Bidder will be asked to provide credit card
information to comply with our due diligence checks. Personal information shall be
used only in accordance with Condition 7 below.
5. During the Auction
5.1. OHSU Foundation reserves the right to refuse participation in the Auction and to
reject any bid. Bids may not be accepted from unregistered bidders and all Bidders
must be 18 or over and have sufficient funds to cover any bids made.
5.2. All bids must be made in US Dollars
5.3. The auctioneer has the right to exercise reasonable discretion in refusing any
bid, advancing the bidding in such a manner as he may decide, and in the case of
error or dispute, and whether during or after the sale, determining the successful
Bidder, continuing the bidding, cancelling the sale or re-offering and reselling the Lot
in dispute. If any dispute arises after the sale, then, in the absence of any evidence
to the contrary the sale record maintained by the auctioneer will be conclusive.
5.4. When making a bid, every Bidder acknowledges that such bid is a binding offer
to buy the Lot at that price (plus the, Buyer’s Expenses (if applicable), and any and
all shipping charges, import duties/taxes, storage and other costs). A successful
Bidder will be deemed to be the Buyer unless it has been explicitly agreed in writing
with OHSU Foundation before the start of the Auction and set out in the Bidder
Registration Form that the Bidder is acting as agent on behalf of an identified third
party acceptable to OHSU Foundation and only then will OHSU Foundation regard
that third party as the Buyer. In such circumstances, the Bidder acting as agent
confirms that he is authorized to bind the third party and that the Buyer has been
made aware of and accepts these Conditions.
5.5. The Auctioneer will use reasonable efforts to execute written bids delivered
before the Auction for Bidders unable to attend the auction in person, by an agent or
by telephone or online. All such written bids must be made on the Bidder
Registration Form. If a hard copy is required, please
contact smead@portlandalliance.com.
5.6. If the Auctioneer receives written bids on a particular Lot for identical amounts,
and at the auction these are the highest bids on the Lot, it will be sold to the person
whose written bid was received and accepted first. In all other cases of equal bids,
the winning Bidder shall be selected at random by drawing names from a hat or as
otherwise determined by OHSU Foundation.
5.7. Online bidding at Wildwood Follow the Crows Trail Auction is made available via
Bidpath (a third-party software company) and online bidding is subject to their
respective terms of use.
5.8. The Auction will be tracked on a video or digital screen, which may display,
among other things, a photograph of the Lot offered for sale and the then-current bid.
Bidders understand and agree that errors may occur in its operation and, except as
expressly stated in the Buyer’s Guide or these Conditions, OHSU Foundation and
Wild in Art shall have no liability arising out of or related to any errors or omission in
respect thereto.
5.9. By participating in and/or attending the Auction and signing the Bidder
Registration Form, each person consents to be filmed and/or photographed and
agrees and authorizes Wild in Art and OHSU Foundation to use and publish such
film and/or photographs, name and likeness for use in (1) providing online access to
the Auction, (2) recording the results of the Auction, (3) print, digital, online and all
other media for marketing purposes (including without limitation, on Wild in Art and
OHSU Foundation websites, Facebook Live, YouTube and other online platforms)
and (4) in any other Wild in Art and OHSU Foundation publications of whatever
nature. The participant releases Wild in Art and OHSU Foundation and holds them
harmless from any reasonable expectation of confidentiality or privacy associated
with such images and releases Wild in Art and OHSU Foundation and any third
parties involved in the making, creation or publication of the images or any marketing
or other materials from all and any liability for claims made in respect of such
publication. Publication of the images in whatever format confers no right of
ownership on the individual or right to royalties or payment.
5.10. The highest bid accepted by the auctioneer at the close of the auction will be
the Buyer and the conclusion of a contract for sale between the Seller and the Buyer.
Risk and responsibility for the Lot passes to the Buyer at the point of sale on the date
of sale and the Buyer should arrange insurance cover for the Lot if required.
6. After the Auction
6.1. OHSU Foundation will raise invoices for each successful Bid and these will be
sent to the successful Bidders by email.
6.2. Unless a different arrangement (as set out in condition 5.2.2 of the Buyer's
Guide) has been agreed by OHSU Foundation, payment is due within 5 business
days of the invoice being issued and must be made by the Buyer. Payments from
any other source will not be accepted and shall be returned by OHSU Foundation.
6.3. Title in the Lot will pass to Buyer and the Lot will be made available for collection
by the Buyer only when OHSU Foundation is completely satisfied that all monies
owing have been paid in full.
6.4. Payment must be in US Dollars and may be made by electronic transfer, debit
card, credit card (up to a maximum of $25,000), cashier's check or cash (up to a
maximum of $5,000). Please quote the invoice number when making payment to
ensure it can be processed as efficiently as possible.
6.5. Credit card payments will incur a transaction fee of 3% and are only acceptable
on the express understanding that the Lot is not returnable, refundable nor
exchangeable and no charge card credit or refund may be issued in the event of any
such return. If payment is made by credit card, Buyer will not undertake any action or
effort to stop payment, seek a refund, or attempt a charge back of such amounts – or
any Credit Card Fee assessed thereon – by the issuer of the credit card.
6.6. The Buyer will not acquire title to the Lot until all amounts due to OHSU
Foundation from the Buyer have been received by OHSU Foundation in cleared
funds even in circumstances where OHSU Foundation has released the Lot to the
Buyer.
6.7. In the event of default by the Buyer, OHSU Foundation may take one or more of
the following actions:
6.7.1. hold the Buyer liable for the total amount due and commence legal
proceedings for its recovery together with interest, legal fees and costs to the fullest
extent permitted under applicable law;
6.7.2. cancel the sale;
6.7.3. resell the Lot publicly or privately on such terms as OHSU Foundation shall
think fit;
6.7.4 take such other action as OHSU Foundation deem necessary or appropriate. If
OHSU Foundation resells the Lot under condition 6.7.3 above, the Buyer shall be
liable for payment of any deficiency between the total amount originally due to OHSU
Foundation and the amount received upon resale as well as all reasonable costs,
expenses, damages, legal fees and commissions and premiums of whatever kind
associated with both sales or otherwise arising from the default.
6.8. OHSU Foundation shall be entitled to retain Lots sold until all amounts due have
been received in full in good cleared funds or until the Buyer has performed any
other outstanding obligations as OHSU Foundation shall reasonably require. Subject
to this, the Buyer shall collect, or have shipped or collected for shipment, purchased
Lots within 7 calendar days from the date of the sale unless otherwise agreed
between OHSU Foundation and the Buyer. Lots can be collected in person by
appointment only (please see the Buyers Guide for further information).
6.9. It is the Buyer’s sole obligation and responsibility to be aware of, to comply with,
and to pay for all relevant import duties, taxes, customs and other fees charged in
the Buyer’s local jurisdiction. The Buyer understands and agrees that OHSU
Foundation shall have no obligation or responsibility for any import duties, taxes,
customs, shipping or other charges for the Lots shipped. Failure by the Buyer to pay
all necessary amounts may result in the relevant authorities returning the Lot to
OHSU Foundation and in those circumstances the Buyer will be charged and will pay
storage costs and OHSU Foundation additional reasonable costs and expenses.
6.10. It is the Buyer’s responsibility to ensure that any Lot purchased from Downtown
Portland Clean & Safe/OHSU Foundation enters the shipping location lawfully, that
all duties and taxes have been paid and that all required export procedures,
regulations, and laws were properly complied with. Buyer understands and agrees
that WIA shall have no obligation or responsibility for complying with any export
procedures, regulations, or laws applicable to the Lot.
6.11. If the Buyer wishes to apply for an export license this does not affect or
postpone the Buyer’s obligation to make payment in accordance with Downtown
Portland Clean & Safe/OHSU Foundation's payment terms nor Downtown Portland
Clean & Safe/OHSU Foundation’s right to charge interest or storage charges on late
collections.
7. Use of information
7.1. By registering to bid at the Wildwood Follow the Crows Trail Auction you are
consenting to allow Wild in Art, OHSU Foundation (registered Non-Profit number 23-
7083114) and to contact you about the Wildwood Follow the Crows Trail Auction and
to process your personal data for the purposes of administering the Wildwood Follow
the Crows Trail Auction.
7.2. If you indicate that you may want to make a Telephone Bid or an Absentee Bid,
you are also consenting that this information will be provided to the Auctioneer for
the purposes of administering the Wildwood Follow the Crows Trail Auction.
7.3. If you register for the online auction, you are also consenting that this
information will be provided to Bidpath for the purposes of administering the
Wildwood Follow the Crows Trail Auction.
7.4. After the auction, OHSU Foundation may get in touch with you using the contact
details you provide to ask if you would like to hear more from them in the future. If
you would prefer not to be contacted for this purpose, please email
optout@ohsu.edu using the subject line ‘Wildwood Follow the Crows Trail Auction
Stop Contact’.
You will find further details about Privacy Policies for WIA, OHSU Foundation and
Bidpath and details about how we process personal data and how to exercise your
privacy rights on Page 1 of the Buyers Guide.
8. Terms of Guarantee of Authenticity
8.1. OHSU Foundation guarantee that the sculptures sold at the auction are the 30
Sculptures created by artists for the purposes of raising money for OHSU
Foundation.
8.2. Except as expressly provided in these Conditions OHSU Foundation shall have
no liability to the Buyer in respect of a Lot and all and any implied warranties and
conditions are excluded to the fullest extent permitted by law.
9. Intellectual property rights
9.1. The copyright in all images, illustrations and written material produced by or for
Wild in Art and OHSU Foundation relating to a Lot (including the contents of the
Auction catalog), is and shall remain at all times the property of Wild in Art and
OHSU Foundation and shall not be used by the Buyer, nor by anyone else, without
Wild in Art and OHSU Foundation written consent. Wild in Art and OHSU Foundation
make no representation or warranty that the Buyer of a Lot will acquire any copyright
or other reproduction rights in it.
10. Events outside our control
OHSU Foundation will not be liable or responsible for any failure to perform, or delay
in performance of, any of its obligations under these Conditions that is caused by an
event outside its control, that being any act or event beyond OHSU Foundation’s
reasonable control, including without limitation strikes, lock-outs or other industrial
action by third parties, civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for war, fire,
explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other
natural disaster, or failure of public or private telecommunications networks. OHSU
Foundation’s obligations shall be suspended and time for performance extended
until such time as the event outside its control is over, following which a new
collection or shipping date can be agreed.
11. Other important terms
11.1. If any part of these Conditions is found by any court to be invalid, illegal or
unenforceable, that part shall be discounted and the rest of the Conditions shall
continue to be valid to the fullest extent permitted by law.
11.2. The contract is between the Buyer and OHSU Foundation and no other person
shall have any rights to enforce any of its terms.
11.3. If OHSU Foundation fails to insist on performance of any of a Buyer’s
obligations under these Conditions, or if it delays in doing so, that will not mean that
OHSU Foundation has waived its rights against the Buyer and does not mean the
Buyer no longer has to comply with those obligations.
11.4. This agreement and conditions are governed by and construed in accordance
with the laws of the State of Oregon, and the Parties agree to the exclusive
jurisdiction of the state and federal courts located in Multnomah County, Oregon.