Standard Rearing/Spelling Agreement Issued: 1 January 2011 Greyhound Racing NSW Building B (Ground Floor) 1 Homebush Bay Drive Rhodes NSW 2138 Correspondence PO Box 170 Concord West NSW 2138 Phone 02 8767 0500 Fax 02 9764 6244 www.thedogs.com.au This standard form of agreement is a guide prepared by Greyhound Racing NSW and is not legal advice. The form is provided for the assistance of participants and may not be appropriate for use in relation to any particular arrangement. Greyhound Racing NSW is not providing legal advice and does not warrant that the form is free of defects or is fit for any specific purpose. Greyhound Racing NSW does not accept any liability for any errors or omissions in the form or for any loss or damages resulting from or connected with the use of the form. Greyhound Racing NSW recommends that participants seek legal advice before using the form. Standard Rearing/Spelling Agreement NSW GREYHOUND REARING/SPELLING AGREEMENT This Agreement is made ……………………………day of……….………..……….20…….……. between Rearer’s name……………………………………………………………………………………………………………………….…………………. Facility Address…………………………………………………………………….…………………………………………………………………… Contact Phone (h) …………………………..………..(m) ……………………………...Email……………………………………………… OzChase ID ……………………… (“the Rearer”) And Greyhound Owner(s) name(s)…………………………………………………………………………………………………………………… Address…………………………………………………………………………………….………………………………………………………………. Contact Phone (h)………………………..………….. (m)…………………….…………Email…………………………….………………… OzChase ID ……………………… (“the Owner”) Definitions Controlling Body: The legislated body having control of greyhound racing, in New South Wales – Greyhound Racing New South Wales (GRNSW). Greyhound: A dog or a bitch registered or licensed pursuant to the Rules of GRNSW. Greyhound Progeny (litter): Offspring (litter) of a greyhound prior to identification by the Controlling Body Greyhound Racing Rules: 1 or more of the whole of the Greyhound Australasia Rules of greyhound racing which together with the Local GRNSW Rules form and are the Rules of greyhound racing for a controlling body. Lien: The right to hold the property of another as security for the payment of a debt. Owner: The registered owner of the greyhound – (in the sense of being the owner of the greyhound as personal property). When the greyhound is owned by a syndicate or partnership the managing owner is the authorised to act on behalf of each and all the owners of the greyhound. Rear: To provide for the upbringing of a greyhound including: i. Care and Welfare ii Feeding and watering iii Protection from distress or injury caused by other animals or people iv Clean and hygienic facility compliant with applicable Codes Rearer Initials…………… Owner Initials ……………. Standard Rearing/Spelling Agreement Rearer: A person registered or approved by GRNSW to breed, rear or spell greyhound for a purpose pursuant to the Greyhound Racing Rules and the NSW Animal Welfare Code of Practice. Rearing or Spelling Facility: Any approved place or premises used for accommodation for the purpose of rearing and spelling of a greyhound by the Rearer and includes any vehicle used for the transportation of greyhounds. Spell: To provide relief for a greyhound from its normal racing kennel environment. Agreement Whereby the Rearer agrees to rear the Owner’s greyhound or greyhounds identified below (‘the greyhound”) at the Rearing property at address…………………………………………………………on the conditions set out below: 1. The Owner agrees to pay the Rearer, all Rearing and other charges as detailed below which will be rendered and payable monthly. Interest at ……..% is payable on accounts overdue 30 days. 2. The greyhound(s) is at the Owner’s risk at all times. It is the Owner’s responsibility to insure the greyhound and any progeny against risks while they are at the Rearers property or being transported to and from the property. The Rearer shall not be responsible for any disease, accident, illness or injury however caused or arising to the greyhound(s) whilst transporting to or from the Rearing property, or at the property. 3. The Rearer must notify the Owner immediately the Rearer becomes aware that the greyhound has suffered and injury or has been in contact with any significant canine disease. Emergency veterinary services to relieve pain, suffering and distress for the greyhound and or progeny may be provided at the discretion of the Rearer in consultation with the Rearers veterinarian at the Owner’s expense. 4. Any ongoing veterinary care is to be agreed in consultation between the Rearer and Owner with the Owner to pay all agreed veterinary and other charges incurred while the greyhound(s) is at the Rearing property. 5. The Owner gives the Rearer a lien over the greyhound(s) and progeny for payment of the rearing fees and all other charges that the Owner is required to pay under this Agreement. This means the Owner may not remove the greyhound(s) or progeny from the property while any part of this Agreement is NOT fulfilled. In the event that the Owner fails to pay any invoice for charges within 60 days of the Rearer sending the invoice, the Rearer may, after providing 7 days’ written notice to the Owner, enforce his lien by selling the greyhound(s) or progeny, For the purpose of enforcing the lien: a. the Rearer may, subject to the approval of the Controlling Body, transfer or sell the greyhound(s) and/or progeny at auction or by public sale to recover any monies as defined in this agreement Rearer Initials…………… Owner Initials ……………. Standard Rearing/Spelling Agreement b. the Owner irrevocably appoints the Rearer as the Owner’s attorney with power to sell the greyhound(s) and/or progeny and to sign all transfers and other documents and do everything necessary to effect and complete the sale and to receive the purchase price and credit it towards the cost of sale and payment of all monies owning, with any surplus to be paid to the Owner. 6. The Rearer’s lien is unenforceable where: a. the Rearer has been suspended or disqualified for a breach of the Greyhound Racing Rules b. directed otherwise by the Controlling Body c. neglect on the part of the Rearer is proven to the reasonable satisfaction of the Controlling Body. d. The Rearer has failed to comply with all enforceable provisions of the NSW Animal Welfare Code of Practice, the Prevention of Cruelty to Animals Act 1979 or any other legislation. 7. Fees and Charges: a. Rearing Fee/rate is …………… per………… b. Payment Method I. Direct Deposit II. Other c. Additional Conditions Rearer Initials…………… Owner Initials ……………. Standard Rearing/Spelling Agreement Greyhound Details - Please provide additional list if more than 2 greyhounds Greyhound Name: Sire: Dam: Ear Brands: Microchip: Colour: Distinguishing Features: Greyhound Name: Sire: Dam: Ear Brands: Microchip: Colour: Distinguishing Features: Litter Details - Please provide additional list if more than one litter Litter Number: Date Whelped: Sire: Dam: No. of Dogs: No. of Bitches: ………………………………………….……………. Owner’s Signature ……………………………………..……….. Name (print) ………...………. Date ……………………………………………..………… Rearer’s Signature ……………………….……………………… Name (print) …………….……. Date ……………………………………………………….. Witness Signature ………………………………………………. Name (print) ………..……….. Date Rearer Initials…………… Owner Initials …………….