As part of our ongoing service to Members and in order to strengthen the contractual relationship between you and your owners, the Australian Trainers’ Association (ATA) has reviewed our Terms and Conditions of Training.
CLICK HERE to download a copy of the updated ATA Terms and Conditions of Training.
These current amendments take the step of having owners agree to being bound by the Australian Rules of Racing as promulgated by the Australian Racing Board or a relevant Principal Racing Authority. The position of trainers will also be strengthened and this we believe will assist Trainers in dealing with recalcitrant owners.
Under Clause 7.3 of the Terms and Conditions, after an Agreement is contracted, a trainer will have the right to offer a horse or part of a horse for sale if an invoice is unpaid after a period of 30 days after the invoice is due and payable (generally 60 days after the date of the invoice).
For a contract to exist between a Trainer and an owner it is imperative that the following takes place when a Trainer is offering for sale a horse, or part of a horse or is engaged by an owner or group of owners to train a horse. Upon reaching a verbal Agreement it is necessary for the Trainer to:
> Write to the owner or individuals within a group of owners confirming the Terms of the sale or engagement. In relation to a purchase, the date of purchase, the capital cost of the horse either in whole or in part, the insurance requirements and the Terms and Conditions of Training must be stated, e.g. “Horses trained by this business will be subject to the Australian Trainers Association Terms and Conditions of Training.”
> The initial letter should contain an invoice for the cost of the horse or part thereof, together with a copy of the ATA Terms and Conditions of Training.
> The owner or owners should be asked to acquaint themselves with the Terms and Conditions and should be asked to confirm in writing that they have received a copy of the Terms and Conditions and have read them.
Certification that an owner has received and read the Terms and Conditions can be achieved by forwarding two copies of the letter with the following clause contained in a prominent position under the Trainers signature:
“I…………………….(name)………………….of…………(residential or office address)……… acknowledge that I have been provided with a copy of the ATA Terms and Conditions and that I am aware of their contents and agree to be bound by them as amended from time to time."
This would then be returned to the Trainer together with the payment for the horse or part of the horse.
The ATA is continuing to work with the Australian Racing Board and the Principal Racing Authorities and TROA or its equivalent in each state to strengthen the business relationship that exists between owner and trainer. The changes that are being discussed and negotiated are aimed at streamlining existing processes whilst protecting the positions of both parties.