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The Orders and Rules of Racing

SCHEDULES


Schedule 4 - Trainers and owners

PART 1

Trainer-owner agreements

Requirement for agreement

1. This Schedule applies to any Licensed Trainer.

2.1 Where a Licensed Trainer is to train a horse owned by any Person, he and the owner must enter into a training agreement in respect of the horse before it runs in any race run under these Rules.
2.2 The Authority may determine not to take Disciplinary Action against any Licensed Trainer who fails to comply with Paragraph 2.1 of this Schedule if he can satisfy the Authority that there was an acceptable reason for the failure.

Form of agreement

3. A training agreement must be signed and must set out the terms agreed between the parties in respect of at least the following

3.1 the basic training fee (expressed as an amount payable by week or by calendar month);
3.2 all other regular expenses (such as gallop fees, shoeing costs and the like);
3.3 the extent of the Licensed Trainer's authority to incur any additional charges or expenses for the account of the owner (such as veterinary fees);
3.4 provision for variation to be made as to any of the matters specified in Paragraphs 3.1 to 3.3 and for proper notification of variation;
3.5 the time and method of payment by the owner;
3.6 any provision for a Trainer's lien;
3.7 any matter as to training agreements which is required by a code of conduct issued under Rule 11; and
3.8 such other matters as the Authority may from time to time direct.

Duration of agreement

4. A training agreement shall lapse if

4.1 the owner does not have a horse in training with the Licensed Trainer for a continuous period of 24 months,
4.2 the Trainer has ceased to hold a licence granted by the Authority, or
4.3 either party to the agreement gives the other written notice of termination.

Report by licensed trainer of non-payment of fees etc

5.1 Payment period, in relation to any account due, means the period of three months beginning with the date on which the account was sent.
5.2 Where, before the end of the payment period, a Licensed Trainer does not receive from the owner full settlement of any account due under a training agreement entered into in accordance with this Schedule, the Licensed Trainer may report the matter to the Authority.
5.3 A report of non-payment under Paragraph 5.2 must

5.3.1 be in writing and signed by the Licensed Trainer,
5.3.2 give details of

5.3.2.1 the owner's name and address,
5.3.2.2 the nature and the amount of the debt, and
5.3.2.3 the date upon which the account was sent;

5.3.3 be accompanied by a copy of the unpaid account; and
5.3.4 be sent no later than 15 months after the end of the payment period for that account.

5.4 A Licensed Trainer who submits an unjustified or frivolous report shall be taken to have contravened a requirement imposed on him by these Rules.

Consequences of non-payment

6. Schedule (E)4 makes provision for the Authority to notify an owner that a report has been made under Paragraph 5 and, if it does so, the owner is under a duty to make any payment due in accordance with the procedures set out in that Paragraph.

PART 2

Trainers' code of conduct in dealings with owners

7.1 The Authority has issued the following Code of Conduct for Licensed Trainers.
7.2 The Code is intended to set out some of the minimum standards the Authority expects to prevail in these areas and to help avoid misunderstanding and resulting dissatisfaction.
7.3 In particular, dissatisfaction can arise from commissions or other financial interests or benefits which may arise in consequence of the purchase or sale of horses. By setting out these minimum standards the Code of Conduct will also serve to safeguard the interests of Licensed Trainers.

The Code of Conduct

8.1 The Licensed Trainer must regularly report on the general well being of the horse and promptly inform the owner of any injury to the horse which is likely to require a prolonged period of box rest. The Licensed Trainer must immediately notify the owner if one of his horses ceases to be under the direct charge of the trainer to the degree it is the subject of a separate livery charge by a third party.
8.2 When a Licensed Trainer acting as vendor or part-vendor sells any horse to an owner or intended owner, he must disclose by means of an invoice the full percentage of his ownership in that horse and thereby the financial benefit derived by him from that transaction.
8.3 When a Licensed Trainer acts as an agent or adviser for one of his existing owners or intended owners concerning the purchase or sale of a horse he must, whenever possible, give prior notice to the intended owner if he is aware that he will benefit financially from any third party from such a transaction. Should the transaction take place, he is required to quantify any financial benefit that in fact arises.
8.4 When a Licensed Trainer acts in any capacity as described in Paragraph 8.2 or 8.3 of this Code he must not also act simultaneously for the vendor or purchaser as the case may be in any capacity related to such transaction without disclosing that fact beforehand to the owner or intended owner.
8.5 When a Licensed Trainer acts in relation to the sale of a horse trained or likely to be trained by him to an existing or intended owner in his yard then, irrespective of the capacity in which the trainer so acts, he must:

8.5.1 advise the buyer that the horse may be examined before purchase by a veterinary surgeon appointed by the buyer; and
8.5.2 disclose to the buyer, to the extent that it may be applicable to the horse in question, that the horse has been seen to weave, box-walk, windsuck or crib bite and/or any veterinary condition known to the Licensed Trainer which might affect performance and/or any surgery that the horse has undergone to the Licensed Trainer's knowledge.

8.6 When a horse is entered in a selling or claiming race the owner must be notified of that fact before the time of declaration to run. A Licensed Trainer must also inform and consult with the owner whenever he is responsible for the owner's horse being offered for sale at public auction. In both cases exceptions to this disclosure are acceptable where the Licensed Trainer has rightfully exercised an express lien or where the owner has waived the requirement of notification either by means of a training agreement or otherwise in writing.
8.6 For the avoidance of doubt, this Code does not prevent Licensed Trainers from retaining benefits derived from purchases or sales but they are required to inform owners of the true position as stipulated above.

Note:
A. In all cases it is the responsibility of the owner on complaint of failure to comply with this Code of Conduct to provide to the Authority the evidence which the Authority considers is necessary to support an allegation of a breach of the Code.
B. A training agreement shall not waive the requirements of this Code other than as referred to in Paragraph 8.5. Any other waiver or purported waiver will be treated as invalid for the purpose of determining whether a breach of this Code has taken place unless it relates to Paragraph 8.5.
C. Licensed Trainers are strongly advised to ensure that when Paragraph 8.2 applies the disclosure of any financial benefit that has arisen is evidenced in writing.
D. In the case of the various forms of multiple-ownerships registered under these Rules, the duty to disclose or notify under this Code to an owner or intended owner will be fulfilled if

- one party in the multiple-ownership is duly informed or notified by the Licensed Trainer, and
- that party is either an owner in the multiple-ownership as defined in the Horse and Owner Manual (E) or has been appointed in writing as an owner's representative of the multiple-ownership.