TERMS AND CONDITIONS OF TRAINING SERVICES 

These terms and conditions are the terms and conditions under which the Owner agrees to have the Owner’s Horse or Horses trained by Symons Laxon Racing.

These terms and conditions are on the Symons Laxon Racing website (www.symonslaxonracing.com.au) and will be attached to the monthly accounts rendered to Owners by Symons Laxon Racing. By paying such an account the Owner accepts and agrees to be bound by these terms and conditions.

The Owner agrees that these terms and conditions are reasonable and that the Owner will be bound by these terms and conditions without exception.

Definitions 

“Agreement” means the Agreement for Training Services.

“Agreement for Training Services” means these terms and conditions and the Schedule.

“Symons Laxon Racing” means Symons Laxon Racing (ABN 53 665 412 153) of P.O. Box 732, Moffatt Beach, in the State of Queensland.

“Designated Group Race” means a group 1, 2 or 3 race, as defined in the Rules of Racing.

“Horse” or “Horses” means the horse or horses being trained by Symons Laxon Racing for the Owner at any time as recorded by the Registrar of Racehorses (and if there are multiple owners in the shares recorded by the Registrar of Racehorses).

“Owner” or “Owners” means the owner or owners of the Horse or Horses and, if there is more than one Owner, in the shares recorded by the Registrar of Racehorses.

“Registrar of Racehorses” means the registrar appointed by Racing Information Services Australia Pty Ltd (ACN 105 994 330) of Level 7, 51 Druitt Street, Sydney in the State of New South Wales.

“Rules of Racing” means the rules from time to time laid down by the principal racing or jockey clubs in the States or at the venues where the Horse is racing.

“Schedule” means the page that precedes these terms and conditions and contains details of the parties and other information.

“Services” means the services provided by Symons Laxon Racing for the Owner in accordance with this Agreement and in particular clauses 1 and 2.

“Trainer” means the trainer described in the Schedule who is employed by the Training Company and nominated by the Owner to train the Owner’s Horse.

Training Service

1. Symons Laxon Racing is authorised by the Owner to and Symons Laxon Racing will, in its sole and absolute discretion, do all things it considers reasonably necessary or expedient to maintain, care for, train and attend to the needs of the Horse including, without limitation, engaging suppliers to provide veterinary, farrier, transport and agistment services and entering into agreements with those suppliers on behalf of and as agent for the Owner. This authority extends not only to day to day matters but also to emergencies involving the Horse. Symons Laxon Racing may, at their discretion, consult with the Owner when making any such decisions.

2. Symons Laxon Racing may enter the Horse in such race or races as it considers appropriate. While it will use its best endeavours to enter the Horse in such race or races as it considers appropriate, it accepts no responsibility if for any reason it fails to do so.

Symons Laxon Racing agent for Owner

3. The Owner authorises Symons Laxon Racing to enter into agreements with the suppliers of the services referred to in clause 1 and appoints Symons Laxon Racing its agent for that purpose.

Owner’s Acknowledgement

4. The Owner acknowledges that Symons Laxon Racing is to assist in the provision of the Services to the Owner, such services include but are not limited to rendering accounts, collecting debts and paying creditors. The Owner agrees to comply with all requests from Symons Laxon Racing acting in this capacity.

Insurance

5. Symons Laxon Racing will not insure the Horse and is not obliged to insure against any claim, loss, damage or expense arising from this Agreement.

6. The Owner acknowledges that insurance of the Horse is its sole and exclusive responsibility. If the Owner elects not to effect insurance, it acknowledges that it assumes all risk, liability and expense associated with the handling and training of the Horse.

Charges and Payment

7. The Owner will pay Symons Laxon Racing the training fees fixed by Symons Laxon Racing from time to time.

8. The Owner will pay, when requested, all expenses incurred by Symons Laxon Racing in providing the Services including, without limitation, veterinary, transport, farrier, agistment and race entry and attendance fees. If an expense exceeds $5,000 Symons Laxon Racing may require payment by the Owner in advance, failing which the Services may not be provided.

9. Subject to clause 8, accounts for the training fees and other expenses will be rendered to the Owner by Symons Laxon Racing and must be paid by the Owner within 7 days of the issuing of an invoice, as disclosed on that account. Such accounts will include GST.

10. Unless Symons Laxon Racing agrees otherwise, the Owner will provide Symons Laxon Racing with a signed authority to debit amounts owing under this Agreement directly against a nominated bank account or credit card facility held by the Owner. This authority will not be exercised earlier than the due date for payment of the amounts outstanding.

11. If the Owner owns less than 100% of the Horse and requires an individual account, Symons Laxon Racing reserves the right to charge a $10 administration fee for each account requested and issued.

Default

12. Should an Owner default with any payment (including a dishonoured debit request against the Owner’s nominated bank account or credit card) Symons Laxon Racing reserves the right to charge and the Owner agrees to pay Symons Laxon Racing interest on the amount outstanding at the rate prescribed by the Penalty Interest Rates Act 1983 (Vic) from the date of default until payment in full plus a default fee of $50.00 every time payment of an account is overdue.

13. Should the Owner default under the terms of this Agreement, Symons Laxon Racing may retain possession of the Horse and the registration or identification papers for the Horse until such default has been remedied. The Owner agrees that under no circumstances will a Horse or identification or registration papers be released until all monies owing to Symons Laxon Racing have been paid and all defaults by the Owner remedied.

14. In the event of the Owner’s default: a. Symons Laxon Racing will continue to maintain and care for the Horse although it may elect to cease providing training services; b. Symons Laxon Racing may refuse to enter the Horse for any race; and c. while the Horse remains in the care of Symons Laxon Racing, the Owner will nevertheless continue paying Symons Laxon Racing the training fees and expenses ordinarily payable under this Agreement it being agreed, without prejudice to any other rights Symons Laxon Racing may have, to be reasonable compensation for the ongoing care and maintenance of the Horse.

15. If the Owner is in default for more than 90 days or to the extent of $10,000 or more, and fails to remedy that default within 7 days of a notice in writing informing the Owner of the intention to sell the Horse, Symons Laxon Racing may sell the Horse by auction or private sale on such terms as are reasonable and apply the proceeds to the amount outstanding. Should the proceeds received by Symons Laxon Racing from the sale of the Horse be less than the amount outstanding, the Owner will pay Symons Laxon Racing the difference immediately upon receipt of a demand in writing. If the price obtained is greater than the amount outstanding, Symons Laxon Racing will account to the Owner for any surplus, after deducting amounts that may be owed by the Owner to Symons Laxon Racing under this Agreement. The Owner hereby irrevocably appoints Symons Laxon Racing as its attorney with power to execute all documents necessary to effect such a sale.

16. The Owner will pay to Symons Laxon Racing on demand all costs and expenses incurred by Symons Laxon Racing (including legal costs on an indemnity basis) in attempting to recover any amount owing or to have any default remedied under this Agreement.

17. The Owner may not withhold payment of any monies owing to Symons Laxon Racing because of any dispute or claim.

18. Under no circumstances will the Owner have any claim for loss or otherwise against Symons Laxon Racing as a consequence of Symons Laxon Racing exercising any of its rights in this Agreement.

Change of Ownership

19. If an Owner or the Owner of a share of a Horse wishes to sell or lease all or part of that Owner’s share, that Owner must: a. pay and continue paying all amounts owing by that Owner to Symons Laxon Racing until clause 19(b) has been met; b. if a share of the Horse only has been sold or leased, procure the new Owner to sign this Agreement; and until these conditions have all been met the Owner’s obligations under this Agreement continue and the new owner’s interest in or ownership of the Horse will not be registered with the racing authorities.

Commission on Sale

20. If the Horse was purchased by Symons Laxon Racing or Symons Laxon Racing was the successful bidder buying the Horse on behalf of the Owner and, during, at the end of, or within 12 months of this Agreement ending, the Horse is sold by the Owner for more than the gross purchase price, the Owner agrees to pay Symons Laxon Racing a commission equivalent to 5% of the gross sale price upon completion of the sale.

Racing Silks

21. The Owner agrees that the jockey engaged to ride the Horse will wear the racing silks of Symons Laxon Racing or our trainers, unless 100% of the Owners of the Horse agree to an alternative design of silks for the jockey to wear. If Symons Laxon Racing or our trainer’s silks are worn they will be provided by Symons Laxon Racing.

Prize Money

22. In the event of the Horse winning prize money the Owner will: a. pay Symons Laxon Racing everything a licensed trainer is entitled to under the Rules of Racing including, without limitation, a share of the prize money together with any other payments; and b. if it is a Designated Group Race pay Symons Laxon Racing if requested an additional 5% of all prize money or starters subsidies.

23. If requested by Symons Laxon Racing, the Owner will sign a letter, and do everything else required, to direct the relevant racing authority to pay all prize money won by the Horse to Symons Laxon Racing. Symons Laxon Racing will credit the prize money to the Owner’s account, apply it against any outstanding amounts owing by the Owner to Symons Laxon Racing, retain in the Owner’s account an amount equal to one month’s average sum payable to Symons Laxon Racing by that Owner and then pay any balance to the Owner or into a nominated account or accounts of the Owner.

Breeding

24. Should the Owner during, at the end of, or within 12 months of this Agreement ending retire the Horse and send it to stud as a stallion, the Owner will, if requested by Symons Laxon Racing, provide Symons Laxon Racing with one breeding right for each breeding season in which the Horse participates and one right in each hemisphere if the Horse participates in both the northern and southern hemispheres.

25. While it is Symons Laxon Racing’s responsibility to utilise the breeding rights the Owner will provide reasonable assistance if requested.

26. The breeding rights do not: a. accrue to subsequent seasons if not used; or b. entitle Symons Laxon Racing to any additional rights if unsuccessful in producing a live foal.

27. In the event that Symons Laxon Racing receives a commission in accordance with clause 20 of this Agreement Symons Laxon Racing’s breeding rights will cease from the date of receipt.

28. Symons Laxon Racing may assign one or more of its breeding rights as it sees fit provided that before assigning all of its breeding rights it must inform the Owner and give the Owner the opportunity to match the offer made to Symons Laxon Racing for those rights.

29. In the event that the Owner sells the Horse while Symons Laxon Racing still has breeding rights the Owner will pay Symons Laxon Racing as compensation an amount equal to 2% of the gross sale price received by the Owner within 30 days of Owner receiving that price.

Promotion and Merchandising

30. The Owner irrevocably grants a non-exclusive licence to Symons Laxon Racing at no cost to: a. use the name, image and reputation of the Horse to promote Symons Laxon Racing; and b. use the name, image and reputation of the Horse on products or services for merchandising purposes.

Exclusion from Liability

31. The Owner acknowledges that owning and racing horses is a risky activity that may result in injury to the Horse and therefore agrees that under no circumstances will Symons Laxon Racing be liable in negligence or otherwise for any injury, loss or damage arising in any way from the provision of the Services by Symons Laxon Racing or that of its employees, agents, suppliers or otherwise and, in particular, Symons Laxon Racing will not be liable for any indirect or consequential loss.

Representations and Warranties

32. The Owner acknowledges that the only warranties or representations upon which the Owner has relied in entering into this Agreement are those contained in this Agreement.

33. To the extent permitted by law, all conditions and warranties (whether as to quality, fitness or otherwise) expressed or implied by statute, common law, equity, trade, custom, the racing industry or otherwise are expressly excluded.

34. The liability of Symons Laxon Racing for breach of any warranty or express or implied condition of the Agreement, to the extent permitted by law, will be limited, at the option of Symons Laxon Racing to supplying the Services again or paying the cost of having the Services provided again.

Termination

35. This Agreement will be terminated: a. by notice in writing to Symons Laxon Racing from the Owner or, if multiple Owners from more than 50% of the Owners; b. by notice in writing from Symons Laxon Racing to the Owner or Owners; or c. upon the retirement, death or serious injury of the Horse.

36. If the Agreement is terminated: a. the Owner must pay (and continue to pay) all amounts owed to Symons Laxon Racing until the time the Horse leaves the control of Symons Laxon Racing; b. should Symons Laxon Racing not be able to calculate the total cost of training the Horse up to the time it leaves the control of  Symons Laxon Racing will estimate the likely charges for the period until the Horse is handed over and the Owner will pay that amount before the Horse is released. The correct amount owing will be calculated as soon as possible, a final account will be submitted to the Owner and any further payment either to or by Symons Laxon Racing will be made within 7 days of delivery of that notice; and c. the Owner acknowledges that the Horse will only be released by Symons Laxon Racing if all amounts owed by all Owners are paid in full.

Notice

37. Any notice given pursuant to this Agreement must be in writing and may be given by pre-paid post addressed to the other party at the address specified in this Agreement or as subsequently notified in writing, or by hand delivery or facsimile transmission to the same address and any such notice will be deemed to have been received: a. if served by post three days after being posted; b. when delivered by hand; or c. if sent by facsimile transmission when the transmitting machine produces a written report that the notice has been effectively sent to the other party. Provided that, if the notice is deemed under clause 37(a) or (c) to have been received on a Saturday, Sunday or a Melbourne bank holiday, it will be deemed to have been received on the next business day.

Miscellaneous

38. Any failure by Symons Laxon Racing to insist upon observance by the Owner of any term of this Agreement will not be deemed a waiver of any subsequent breach.

39. If any terms of this Agreement are held to be invalid, void, unenforceable or illegal for any reason, this Agreement will otherwise remain in full force and effect apart from such provision which will be deemed to be deleted or modified to overcome that objection.

40. Variations of the Agreement will be effective only if agreed to by Symons Laxon Racing in writing.

41. The Agreement will be governed by and construed in accordance with the laws of the States of Queensland, Victoria and Australia and the parties submit to the jurisdiction of the Queensland, Victorian and Australian courts.