Schedule 4 - Trainer-owner agreements
Requirement for agreement
1. This Schedule applies to the owner of any horse which is trained by the 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 owner who fails to comply with Paragraph 2.1 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 87; 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 3 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 in accordance with Paragraph 5 of Schedule (C)4.
Consequences of non-payment
6.1 Where the Authority sends a notice to the owner that a report of non-payment has been made by the trainer, the owner must
- 6.1.1 make the payment due, or
6.1.2 provide to the Authority a written explanation for non-payment that is acceptable to the Authority,
before the end of the period of 8 days starting on the date the notice was received.
6.2 If the owner fails to comply with Paragraph 6.1
- 6.2.1 the total amount due (and any VAT payable) shall be taken to be arrears due under these Rules, and
6.2.2 the name of the owner will be added to the Forfeit List.
6.3 Paragraph 6.2 of this Schedule takes effect from the end of the period of 30 days starting with the date of the Authority's notice under Paragraph 6.1.