Full Text of the Owners and Trainers Code of Conduct and Agreement

Published: 18 March 2003

RULE CHANGE AND CODE OF CONDUCT

51. (i) Every Trainer shall conduct his business of training racehorses with reasonable care
and skill and with due regard to the interests of his Owners and to the safety of his
employees and agents and of the horses in his charge and to the provisions of the
Code of Conduct laid down in Appendix V to these Orders and Rules. For the
avoidance of any doubt reasonable care and safety under this Sub-Rule extends to any
horse under the care or control of a Trainer whether or not currently in training.

APPENDIX V

CODE OF CONDUCT FOR TRAINERS IN DEALINGS WITH OWNERS (OR INTENDED OWNERS) AND IN RELATION TO HORSES UNDER THEIR CARE OR CONTROL

The Stewards of the Jockey Club have issued this Code of Conduct for Trainers in relation to dealings with or on behalf of Owners or intended Owners or the horses under their care or control. The Code is intended to set out some of the minimum standards the Stewards of the Jockey Club expect to prevail in these areas and to help avoid misunderstanding and resulting dissatisfaction. 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 Trainers.

1. When a 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.

2. When a 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.

3. When a Trainer acts in any capacity as detailed in Clauses 1 and 2 above 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.

4. The 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 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.

5. 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 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 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.

6. For the avoidance of doubt, this Code does not prevent 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 a breach of this Code of Conduct to provide to the Jockey Club the evidence which the Jockey Club 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 Clause 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 Clause 5 above.

C. Trainers are strongly advised to ensure that when Clause 2 above 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 the Orders and Rules of Racing the duty to disclose or notify under this Code to an Owner or intended Owner will be fulfilled if one party in the said multiple-ownership is duly informed or notified as the case may be by the Trainer provided that party is either an “Owner” in the multiple-ownership as defined in the Orders and Rules of Racing or has been appointed in writing as an owner’s representative of the multiple-ownership.

16.2.03.

CHANGES TO DEFINITIONS AND RULES FOR TRAINING AGREEMENTS

Definitions

“Training Agreement” is an agreement between an Owner and Trainer covering the training of any of the Owner’s horses under the care or control of the Trainer evidenced in writing.

Rules

52.(i) Every Trainer and Owner shall ensure that there is a Training Agreement duly
signed in respect of a horse(s) owned by the Owner for whom the Trainer trains
before the horse(s) runs in any race run under the Rules of Racing. Failure to
comply with this requirement without good reason shall constitute a breach of this
Rule for which a fine of not less than £100 may be imposed upon both the Trainer
and Owner.

Every Training Agreement must, as a minimum requirement, set out the terms
agreed between the parties in respect of the following matters:-

– the basic training fee expressed as an amount payable by week or by calendar
month;
– all regular further expenses such as gallop fees, shoeing costs and the like;
– the extent of the authority of the Trainer to incur additional charges or expenses
for the account of the owner, e.g veterinary fees, if any;
– provision for variations to the basic training fee and additional charges or
expenses and proper notification thereof;
– the time and method of payment by the Owner;
– any provision for a Trainer’s lien;
– such other matters as the Stewards of the Jockey Club may require to be so set
out pursuant to the Code of Conduct referred to in Rule 51(i) or any Instruction
issued by them.

(ii) Any Trainer who has not received settlement of an account for training fees and
additional charges due from an Owner for whom he trains or has trained horses within
three months of the date of dispatch of the account, may report the matter to the Stewards
of the Jockey Club within fifteen months of the expiration of the three months period
provided Sub-Rule (i) above has been complied with. Such report shall be
in writing, signed by the Trainer concerned, giving details of the name and address of the
Owner, the nature and the amount of the debt, the date upon which the account was
rendered, together with the copy of the unpaid account(s) which are the subject of the
report.