Mahoning Valley Ends 2018 With Double Digit Handle Increase

Mahoning Valley Racecourse concluded its Fall Meet and 2018 calendar season this past Saturday and did so with yet another annual increase in wagering. Since its launch in 2014, the young racetrack in Austintown, Ohio, has seen handle increases each calendar year since opening its doors. All told, wagering volume on the Mahoning product for 2018 increased 10.6% compared to the prior year.

“We are extremely proud to announce yet another increase in handle and both the state of Ohio and Ohio horsemen should also take pride in this accomplishment,” said Vice President of Racing Mark Loewe. “It’s incredibly exciting to see our team, from Racing Secretary Ed Vomacka, his racing office crew, valets, gate crew, and all operate at such a high level year after year. It takes a team effort and we have one heck of a team.”

For the Fall Meet, jockey Luis M. Quinones captured his first riding title at Mahoning Valley, piloting 31 of his 189 mounts to the winner’s circle. Quinones also finished third nationally in 2018 with 281 wins.
“He’s such a hard worker,” said Quinones’ agent Billy Johnson. “He’s out there every morning working hard. He drives from track to track without complaint. I don’t know how he does it, but his work ethic and obvious talent make it a pleasure to work with him.”

While Quinones notched his first riding title, it was more business as usual in the trainer’s standings as Jeff Radosevich collected yet another training title. For the Ohio-based Radosevich, there’s little better than winning another training title on his longtime stomping grounds.

“I have great owners. Obviously, I couldn’t have done any of this without their continued and unwavering support. I love Ohio. Mahoning Valley gives me an opportunity to race year-round from my home. Thank you Mahoning Valley!”
Mahoning Valley held its signature event – the $250,000 Steel Valley Sprint – on November 19 and the marquee race of the meet didn’t disappoint as Trigger Warning won an epic stretch duel with Bobby’s Wicked One. Trained by Mike Rone, Trigger Warning was put on the lead early under Irwin Rosendo and then engaged in a fierce battle with the runner-up from the top of the stretch to the wire and was made the winner after Tyler Gaffalione’s claim of foul was not allowed. In the $75,000 Hollywood Gaming Mahoning Distaff on the Steel Valley Sprint undercard, the gray mare Puntsville was able to hold off a late charge from Lake Ponchatrain to score her 13th victory in 25 career outings.

While she did not take part in any of the unrestricted stakes Mahoning offered during the Fall Meet, Leona’s Reward was tabbed the horse of the meet after dominating Ohio-breds in her three starts in restricted stakes events. Trained by Tim Hamm, Leona’s Reqard romped by eight-lengths over Ohio-bred fillies and mares in the Ohio Debutante Handicap on November 3 and followed that up with a win against the boys in the Ruff/Kirchberg Memorial two weeks later. In her final start of the meet, the daughter of Parents’ Reward returned to face fillies and mares in the Bobbie Bricker and again cruised to a seven-length score. All told, Leona’s Reward banked a total of $135,000 during the Fall Meet for her owners Blazing Meadows Farm LLC and Michael Friedman.
2018 Mahoning Valley Fall Jockey Standings (fina
Rank
Jockey
Starts
1st
2nd
3rd
1 Luis M. Quinones
189
31
19
16
2 T. D. Houghton
163
25
24
17
3 Christian P. Pilares
122
24
15
22
4 Luis Raul Rivera
120
23
13
17
5 Luis H. Colon
60
22
7
9

2018 Mahoning Valley Fall Trainer Standings (final)
Rank
Trainer
Starts
1st
2nd
3rd
1 Jeffrey A. Radosevich
108
30
14
4
2 Robert M. Gorham
99
21
15
11
3 Gary L. Johnson
86
17
9
8
4 Jay P. Bernardini
60
13
8
10
5 Rodney Faulkner
102
12
9
8

New Board Members Elected

The Ohio HBPA Board of Directors elected owners John Royer and Dick McCall to fill the two empty owner seats on its board at its meeting held on November 15, 2018.

Royer and McCall will each serve four year terms. Dr. George Sikura was elected as an alternate in the owner only category for the next two years.

Ohio HBPA Election Results

Trainer or owner/trainer
Top three vote getters in trainer or owner/trainer category are elected to a 4 year term. Fourth place finisher is the alternate for the next two years.
Joe Poole 215 votes
Mike Rone 194
Susan Anderson 171
Mark Doering 136
Rodney Faulkner 118
Don Radcliff Jr. 72

T

Owner Only
Top vote getter in the owner only category is elected to a 4 year term. Ohio HBPA board of directors will fill the two remaining vacant owner only positions at their meeting on September 14, 2018.
Kim Williams 229 votes

Total ballots cast 347

OSRC Sets VLT Rate to be Paid to Horsemen at Belterra Park

On June 27, 2018 the Ohio State Racing Commission passed resolution 2018-05 which set the percentage of VLT revenue to be paid to horsemen at Belterra Park at 9.95% thus ending a more than three year push by the Ohio HBPA for the commission to establish the rate.

The history of the percentage of revenue horsemen receive from video lottery terminals at Ohio’s three thoroughbred and four standardbred tracks dates back much further however.

In 2011 Ohio Governor John Kasich issued a series of executive orders authorizing VLT’s at Ohio’s seven racetracks. While the executive orders spelled out the licensing fees and taxes the racino operators would pay to the state the share of the VLT revenues horsemen would receive was not spelled out.

In 2012 the Governor’s office set up a series of meetings between representatives of Ohio’s seven racetracks and the two recognized horsemen’s groups in the state under the Interstate Horseracing Act, the Ohio HBPA and the Ohio Harness Horsemen’s Association with the purpose being to establish what percentage of VLT revenue the horsemen would receive.

Ohio HBPA executive director Dave Basler represented the thoroughbred horsemen in these meetings while OHHA president Steve McCoy represented the standardbred horsemen.

The Governor’s office in consultation with Moelis and Company, which had been hired as consultants on gaming issues by the state of Ohio, listened to arguments presented by the tracks and the horsemen and ultimately determined that the horsemen’s share of VLT percentage at each track would be based on a sliding scale based on the total investment the permit holder made on capital expenditures to improve the facility for VLT’s. The scale was such that a total of $200 million or less in horsemen would receive 11% of the net win for each additional $10 million dollars in capital expenditures the horsemen’s share would be reduced .15%. So at $210 million in capital expenditure the rate paid to horsemen would receive would be 10.85%, $220 million the rate would be 10.70% with the minimum rate that could be paid to horsemen being capped at 9.00% when capital expenditures met or exceeded $340 million for a facility. These numbers would only come in to play if there wasn’t a contractual agreement between a track and the recognized horsemen’s group which otherwise spelled out the percentage of VLT revenue to be paid to horsemen.

This proved to only be a starting point rather than a final resolution to determine the percentage of VLT thoroughbred horsemen in Ohio would receive.

After more than six months of extensive negotiations on March 7, 2014 the Ohio HBPA entered into a ten year agreement with Thistledown Racetrack LLC. which set the percentage of VLT revenue to be paid to horsemen at Thistledown at 10.6%.

On March 10, 2014 the Ohio HBPA entered into a 19-page ten year agreement with Beulah Park Gaming Ventures which set the percentage of VLT revenue to be paid to horsemen at Mahoning Valley Race Track at 10.3% for the first 24 months of the agreement and at 10.64% for the final eight years of the agreement.

Both of these contracts had “favored nations” provisions whereby the Ohio HBPA couldn’t enter into a contract with any other racino for a lower percentage of VLT revenue unless that percentage was set either by law or by rule of the Ohio State Racing Commission. The tracks insisted on these provisions as they didn’t want to be the first to sign a contract and then have other track operators use their rate as a starting point to negotiate lower rates.

Pinnacle Gaming which owns Belterra Park has insisted throughout the process that they were entitled to a lower VLT rate than the other two tracks based upon their capital expenditures. For this reason as well as the “favored nations” provisions in the previously signed VLT agreements the Ohio HBPA and Pinnacle Entertainment were unable to reach a VLT revenue sharing agreement for Belterra Park.

Unfortunately while the law said that the VLT rate must be set by the Ohio State Racing Commission if there wasn’t an agreement in place between the recognized horsemen’s organization and the permit holder within six months of the beginning of VLT operations this was far from what actually took place.

The racing commission began drafting a rule to determine the percentage of VLT revenue to be paid to horsemen in 2016. This process ended up taking well over a year to complete as both the tracks and the horsemen presented various legal arguments objecting to portions of the proposed rule language.

A series of meetings took place over the course of many months working through draft after draft with all of the interested parties before the commission officially introduced and adopted final language on rule 3769-2-43.

This rule established that the Ohio Facilities Construction Commission would verify the capital expenditures made by a permit holder necessary to build the video lottery sales agent facility which the racing commission would plug into the sliding scale chart discussed earlier which was also a part of rule 3769-2-43 to establish the VLT percentage paid to horsemen when the permit holder and horsemen’s organization couldn’t reach agreement.

Pinnacle Gaming began the process of verifying their capital expenditures to build the video lottery sales agent facility at Belterra Park with the Ohio Facilities Construction Commission late in 2017 and provided that commission several thousand pages of invoices and contracts for construction and other work done at the track.

In all Pinnacle Entertainment submitted claims for $318,066,015 in expenditures. Ultimately after extensive review of all documentation the Ohio Facilities Construction Commission determined that $272,340,029 of the submitted expenses were allowable. This is the number the Ohio State Racing Commission used in setting the VLT percentage to be paid to horsemen from VLT revenue at Belterra Park at 9.95%.

Fabulous Ohio University Scholarship Offer

Thanks to the generosity of a former Ohio HBPA board member, the Ohio HBPA is
proud to partner with Ohio University in offering a terrific scholarship
opportunity for sons and daughters of Ohio trainers.

The scholarship will include full tuition, room and board at Ohio University and
is renewable for 4 years. Eligibility requirements include being the son of
daughter of a trainer who has been licensed for at least five years and is
currently racing horses in Ohio with a minimum of 5 starts in each of the past 5 years.

The student must also be a resident of the state of Ohio and graduate from an Ohio high school. The student must also apply to and be accepted to the Ohio University Athens Campus.
2018 was the first year the Ohio HBPA Ohio University scholarship was
awarded. Ben Bird son of trainer Danny Bird was the scholarship winner in 2018.

Any student who is graduating from high school in 2019 and meets the
above requirements must apply to the Ohio University Athens Campus during the
fall of 2018. If you are eligible and would like to apply please contact Dave Basler directly at 614-875-1269.

Ohio HBPA Donates $50,000 to Support New Vocations’ Aftercare Efforts

New Vocations Racehorse Adoption Program announced that the Ohio Horsemen’s Benevolent and Protective Association (HBPA) has donated $50,000 to support the program’s aftercare efforts at their Ohio facilities.

In 2017, New Vocations took in over 450 retired racehorses, 64 of which came directly from an Ohio racetrack or farm. “It is important to the Ohio HBPA that our retired Thoroughbreds be given a chance to thrive in a second career. We are proud to continue our partnership with New Vocations, an organization that began 26 years ago right here in Ohio to give our horses that chance,” said Dave Basler, Ohio HBPA executive director. “New Vocations’ adoption process is very thorough—it ensures that the horses will go to good homes. We know from the training they received that the horses leave the program well-prepared to begin their second careers.”

“The continued generosity and support from the Ohio HBPA over the last several years has allowed us to expand our rehabilitation program and ultimately help more horses. The funding is greatly needed and will help us continue to serve horses retiring from Ohio racetracks,” said Anna Ford, New Vocation Program Director.

The donation comes during a time of transition for New Vocations as the program opened two facilities upon the closing of the Marysville location. The new Ohio facilities are in Medina, to service both Thistledown Racino and Mahoning Valley Race Course, and Xenia, to service Belterra Park.

With five additional facilities in Kentucky, New York, Ohio and Pennsylvania, New Vocations has grown into the largest racehorse adoption organization in the country. Its mission to rehabilitate, retrain and rehome retired racehorses has led to the placement of over 6,600 horses. New Vocations serves over 40 racetracks and focuses on working directly with owners and trainers in need of racehorse aftercare options. To learn more about the program, visit www.newvocations.org.

Grade 3 $500,000 Ohio Derby Results June 23rd, 2018

Ohio Derby (G3)
Race 9 at Thistledown on June 23, 2018

Grade III

1 1/8 miles Dirt

$500,000 3 yo

Payoffs
10 Core Beliefs $7.60 $3.80 $3.20
3 Lone Sailor $2.80 $2.60
6 Trigger Warning $13.20
$2 Exacta (10-3)24.20
$2 Trifecta (10-3-6)$733.20
$2 Superfecta (10-3-6-5)$6,513.80
Order of Finish
1st Core Beliefs
Quality Road – Tejati
$300,000
J:Joseph Talamo
T:Peter Eurton
O:Gary Broad
Margin:nose

2ndLone Sailor
Majestic Warrior – Ambitious
$100,000
J:Irad Ortiz, Jr.
T:Thomas M. Amoss
O:G M B Racing

3rd Trigger Warning
Candy Ride (ARG) – Magic Appeal
$50,000
J:Irwin J. Rosendo
T:Mike L. Rone
O:Brinley Enterprises LLC

4th Title Ready
More Than Ready – Title Seeker
$25,000
J:C.J. McMahon
T:Steven M. Asmussen
O:Charles E. Fipke

5th Diamond King
Quality Road – Akron Moon
$15,000
J:Frankie Pennington
T:John C. Servis
O:Cash is King LLC, D. J. Stable LLC and LC Racing LLC

6th Flameaway
Scat Daddy – Vulcan Rose
$10,000
J:Jose Lezcano
T:Mark E. Casse
O:John C. Oxley

7th Caloric
Stay Thirsty – Sweetest Song
J:Ricardo Mejias
T:Odin J. Londono, Jr.
O:Michelle Winters

8th Takedown
Take Charge Indy – Pure Sarah
J:Luis H. Colon
T:Lacey Gaudet
O:Loooch Racing Stables, Inc.

9th Machismo
More Than Ready – Winsome Ways
J:Kevin Radke
T:Anthony T. Quartarolo
O:Loooch Racing Stables, Inc., Quartarolo, Ashley, Ritchie, Raquel and Ritchie, Cristina

10th Dream Baby Dream
Into Mischief – Galetoire
J:Ricardo Feliciano
T:Steven M. Asmussen
O:Dream Baby Dream Racing Stable

11th O’Kratos
Paddy O’Prado – Speightsy Heart
J:Channing Hill
T:Darwin D. Banach
O: Terdik Farms ltd., Bonder, Sharon and Banach, Walter M.

SCR Last Drop of Wine

Belterra Park Training Schedule

April 16 through April 26 training daily from 7:00am to 11:30am.
April 27 through May 13 training 6:30am to 11am dark Mondays.
Beginning May 14 training 6:00am to 10:30am dark Mondays.

Belterra Park First Condition Book Purse Corrections

Condition Book #1 purse corrections
(The condition book posted on Equibase will updated):

All maiden claiming categories raise $500 each.

All lifetime condition claiming categories (Non-Winners of 2 and 3) raise $500 each.

All date race categories (Non-Winners in a year, six months, etc.) raise $500 each.

Book 1 – April 27 through May 31

2018 Thisteldown Stall Application

2018 STALL APPLICATION
2018 Live Racing Season
Monday, April 30th – Saturday, October 20th
DEADLINE TO SUBMIT STALL APPLICATION: Sunday March 4, 2018
NAME OF HORSE
SEX &
AGE
OHIO
FOALED
(Y – N)
DATE of
LAST
RACE
NAME OF OWNER(S)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
Stall Eligibility Requirements
1. The granting of stall space at Thistledown is for the purpose of assuring the availability of horses that, in the sole opinion of Thistledown
Management, will produce the best race meet. Stalls on Thistledown’s premises are offered solely as an accommodation to owners or trainers that
race exclusively at race meets conducted by Thistledown. For each race meet, Thistledown will receive far more applications for stall space than it
can physically accommodate. Therefore, some requests will be denied or only approved in part. Applicant understands and agrees that the granting
or denial of stall space is at the sole and absolute discretion of Thistledown Management, subject to the applicable provisions of the Agreement
between Thistledown and the Horsemen’s Benevolent and Protective Association — Ohio Division, Inc.
2. Horses which have not finished 1st, 2nd, 3rd or 4th for $5,000 or less in their last (8) starts will not be eligible for stalls.
3. Maidens over five-years-old will not be considered.
4. Foal Registration Papers must be on file in the Racing Office to obtain a Published Workout.
5. The benchmark for performance is to maintain 1.25 starts per stall per month to keep allotted number of stalls.
6. Current past performances for each horse must accompany Stall Application.
7. You must be in good financial standing with Racing Office and all backside vendors to be considered for stalls.
8. All horses must have a negative Coggins test certificate to enter the stable area at Thistledown. This certification must be dated within the past (12)
months.
9. Health certificates must accompany horses arrival (10) days out-of-state and (30) days in-state.
10. Equine Herpes Inoculation must be dated (10) days prior to the horse’s arrival.
11. Registration Certificates for all horses stabled on the grounds must be registered within the Racing Secretary’s office no later than 72-hours upon
arrival.
12. Proof of Workers’ Compensation insurance must accompany the submission of this Application.
13. No trainer shall ship-in until verification of stall assignments have been issued. Only horses with assigned stall space will be allowed to enter
stable area. No substitution of horses is allowed without prior notice to Racing Office.
14. Stall space is provided strictly for the race meeting identified on the face of this Stall Application.
15. No stalls are to be used as feed rooms without permission from the Stall Superintendent.
16. No foals of 2017 may be stabled on Thistledown’s premises.
ATTENTION HORSEMAN:
BOTH SIDES OF THIS APPLICATION MUST BE FILLED OUT COMPLETELY AND SIGNED OR IT WILL BE RETURNED.
BY SIGNING, APPLICANT HEREBY AGREES TO ABIDE BY ALL TERMS AND CONDITIONS CONTAINED HEREIN.
MAIL TO: ThistleDown Racing Office Cleveland Area Dial:
21501 Emery Road Office: (216) 475-1224
Cleveland, Ohio 44128 Fax: (216) 662-3928
___________________________________________________ ____________________________________
Signature Date
___________________________________________________ ____________________________________
Print Name Phone 1
___________________________________________________ ____________________________________
Address Phone 2
_________________________________________________________ _________________________________________
City, State, Zip Email
TERMS AND CONDITIONS
Absolute Right to Exclude and Ban
Thistledown shall have at all times and in its sole and absolute discretion the incontestable right to exclude and ban—with cause or without cause, and with or without notice—any and all persons and horses from Thistledown’s premises. Applicant expressly understands and agrees, on behalf of Applicant and his/her employees, agents, invitees, representatives and jockeys, that Thistledown possesses such right and may exercise such right.
Anti-Slaughter Prohibition
Any trainer or owner stabling a horse at Thistledown who directly or indirectly is part of the transport of a horse from Thistledown to a slaughterhouse or an auction house who sells horses for slaughter will be prohibited from having any stalls at Thistledown. This policy also applies to any action or actions related to the transport of a horse from Thistledown to a facility whose intended result is the horse’s slaughter.
Possession and Custody
Possession and custody of horses stabled on Thistledown’s premises is vested solely in the owner and/or trainer; no relationship of bailor/bailee exists between Thistledown and such owner or trainer. Applicant acknowledges that he/ she is solely responsible for the care, feeding, protection and the acts of the horses in Applicant’s care or custody.
No Affiliation with Thistledown
Horses claimed by, or transferred or sold to, any person or stable that has not been allotted stalls at Thistledown must be removed from the grounds within twenty-four (24) hours after they are claimed, transferred or sold unless their continued presence is approved by Thistledown.
Multiple Trainers
Owners shall not utilize more than two trainers stabled on Thistledown’s premises without having obtained the prior written consent of the Racing Secretary.
Authority to Search
Applicant acknowledges that pursuant to Ohio Administrative Code 3769-2-01, security officers are authorized to search any stall, tack room, dorm room and feed room assigned to him/her. This includes all vehicles (while on Thistledown’s premises) of the Applicant or any of the Applicant’s employees.
Hazards and Risks of Injury
Applicant understands that there may be known and unknown hazards and serious risks of injury to Applicant and Applicant’s agents, owners, employees, express invitees and to Applicant’s or such persons’ property incidental to accepting stalls at, practicing for, and participating in, thoroughbred horse racing on Thistledown’s premises, and Applicant fully accepts all such hazards and risks of injury.
Investigative Report
Applicant understands that Thistledown may request, procure and use an investigative report whereby information is obtained through personal interviews with third parties, such as family members, business associates, financial sources, friends, neighbors, or others with whom you are associated. This inquiry may include information as to the Applicant’s character, general representation, personal characteristics and mode of living. The Applicant has the right to make written requests within a reasonable period of time for a complete and accurate disclosure of additional information concerning the nature and scope of the investigation.
Damage
Applicant shall be responsible for any damage to and/or misuse of stalls, feed room, dorm rooms and tack rooms assigned to him/her for the use of his/her employees while on Thistledown’s premises. Applicant shall keep the area adjacent to his/her assigned barn and/or stalls clean and in good order. Applicant acknowledges and agrees that he/she is responsible for and will promptly pay for all damages to sleeping quarters, tack rooms, stables, barns and stalls, excluding normal wear and tear, caused by Applicant, his/her employees, agents and/or invitees or the horses Applicant stabled at Thistledown. Applicant further agrees that he/she will promptly pay a security deposit—in an amount determined solely by Thistledown—for such damages upon arrival at Thistledown.
Licenses and Regulatory Conditions
Applicant shall comply with all applicable laws and regulations and shall abide by the rules and regulations of the Ohio State Racing Commission (“OSRC”) and of Thistledown, including, but not limited to, these terms and conditions. Applicant shall abide by any decision of the OSRC, the Stewards and/or Thistledown with regard to disputes, claims and objections on all matters pertaining to racing, including the provisions of this Agreement. Applicant warrants that he/she and each of his/her employees are licensed by the OSRC, and that each of them shall have a validated picture license worn on their person at all times while on Thistledown’s premises. Applicant shall defend and indemnify Thistledown, its parent companies, subsidiaries, principals, owners, members, directors, officers, lessors, contractual indemnities, affiliates, employees, agents, representatives, licensees and customers (“Thistledown Group”) from and against any fines or penalties levied against Thistledown as a result of the failure of Applicant to comply with these terms.
Insurance
Applicant shall obtain and thereafter maintain in full force and effect with insurers acceptable to Thistledown, at a minimum, insurance coverage as follows: (a) workers’ compensation coverage and employer’s liability insurance with limits that are in compliance with the statutory limits required by the OSRC in accordance with the Ohio Rules of Racing for each accident for all employees performing work at Thistledown. The workers’ compensation and employer’s liability policies specified hereinabove shall be endorsed to provide non-cancellation without 30-days’ notice being given to Thistledown. Applicant agrees to provide Thistledown’s Racing Office with a certificate of insurance for workers’ compensation covering all stable employees and other labor before horses or employees arrive on Thistledown’s premises. Applicant’s obligation to defend, indemnify and hold Thistledown harmless as set out in this Agreement shall not in any manner be limited, altered or modified by these insurance requirements. All policies, with the exception of workers’ compensation, required to be obtained by Applicant under this Agreement shall name Thistledown, its parent companies, subsidiaries, officers, directors, managers, affiliates, agents and employees as additional insureds, and shall include a waiver of subrogation in favor of those parties listed hereinabove, and shall be primary as respects any other policy providing coverage to Thistledown Group.
Advertising Rights
Applicant agrees that Thistledown may televise or authorize or license the televising of horse racing conducted at its racing facility and accordingly it hereby reserves television rights, whether in connection with any race, preparation therefore, or ceremonies or proceedings thereafter, or training at Thistledown. This Agreement is made and executed on the conditions that, if required, consent is hereby given by Applicant, including a rider and/or jockey contracted by the owner or trainer to ride; and the owner, trainer, groom, jockey and all other employees of the owner coming within view of the television picture hereby agree to sign and deliver releases to Thistledown upon demand permitting such television and the exhibition thereof. However, nothing contained herein is intended to relate to, nor does it relate to, those rights governed by the Interstate Horse Racing Act of 1978. This authorization shall also apply to radio broadcasting and still photography.
Violations and Sanctions
If Applicant or any employee, representative or agent of Applicant violates the terms and conditions set forth herein, or of any rules and regulations posted by Thistledown, Thistledown reserves the right, in its sole, absolute and incontestable discretion and without prior notice, to exercise any or all of the following rights: (a) revoke any or all of the stabling privileges of Applicant (including stable privileges on Thistledown’s premises for all horses in the care or custody of Applicant, regardless of which horses race exclusively at race meetings conducted by Thistledown) during the term of the current race meet; (b) refuse to grant any future stabling privileges to Applicant; (c) refuse any entry or revoke the acceptance of any entry of any horse by Applicant in any race during the current race meet; (d) refuse the transfer of any entry by Applicant during the current race meet; (e) charge Applicant for all costs incurred by Thistledown in connection with the stabling on Thistledown’s premises of the horses in Applicant’s care or custody during the current race meet; (f) revoke Applicant’s privileges regarding Thistledown or Thistledown’s premises; and/or (g) take any other appropriate action as determined solely by Thistledown. If Applicant is a trainer, none of the foregoing actions will be taken against any owner who, at the time, had horses with Applicant if the owner’s horses were not involved in the activity giving rise to the violation and if such owner is no longer utilizing Applicant’s services.
Termination of Use
Applicant shall be required to vacate all stalls allotted to him/her and to move all horses, equipment and personnel from Thistledown’s premises: (a) upon three (3) days’ notice from Thistledown for any reason, with or without cause; (b) within twenty-four (24) hours of a horse being sold or transferred to any person or entity that is not registered for racing at Thistledown unless said sale or transfer of ownership is approved by Thistledown; or (c) within seven (7) days after the conclusion of the 2017 race meet. Failure of Applicant to comply with the terms of this provision may result in Thistledown, at its option, having the horse or horses removed from Thistledown at Applicant’s expense.
Indemnification
Applicant shall indemnify and hold harmless Thistledown from and against any liability, loss, claim, damage or expense (including reasonable attorney’s fees) which result from: (a) any loss, damage, death or injury of any kind to Applicant, Applicant’s employees, agents, invitees, jockeys, and/or members of the respective family, property and/or animals of each of them, whether such injury, loss, death or damage is caused by the condition of the Thistledown premises and/or any negligence or fault of Thistledown Group, or from any other cause; (b) Applicant’s failure to obtain and maintain all required licenses, permits and approvals of government authorities to perform the duties herein; and (c) any claim by any individual retained or employed by Applicant related to allegations of unpaid wages owed to any said individuals or agents or any third party. All indemnification provisions in this Agreement shall survive termination of the Agreement.
Thistledown and Applicant each shall be liable for their own acts and omissions as well as those of their respective agents and employees to the same extent as would be provided at law without this provision.
Severability
The enforceability, invalidity or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid or illegal.
Warranty of Authority
Applicant warrants that he/she is authorized and has authority to execute this Agreement on behalf of his/her respective entity or as agent therefore.
Governing Law
This Agreement shall be governed and interpreted by the laws of the State of Ohio. Venue shall solely lie in the Cuyahoga County Court of Common Pleas.
Assignment
Thistledown may assign any of its obligations, rights or interests under this Agreement without Applicant’s consent. Applicant may not assign or subcontract any of its obligations, rights or interest under this Agreement without the prior express written consent of Thistledown. This Agreement shall be binding on all successors and permitted assignees of Thistledown and Applicant.
No Party Deemed Drafter
In the event this Agreement is construed by a court of competent jurisdiction, such court shall not construe this Agreement or any of its provisions against any of the Parties as the drafter.
No Waiver of Rights
Either party’s failure to enforce a right does not constitute a waiver to enforce that same right in a future occurrence.
Professional Conduct
Applicant agrees for himself/herself and their employees, representatives and agents to conduct themselves in a dignified, professional and lawful manner at all times.
Responsibility for Conduct
Applicant agrees to be responsible for the conduct of each and every one of Applicant’s employees and/or any person or persons in his/her charge or control, any person, firm or corporation contracting with him/her, and each and every person to whom a pass is granted on this application and Applicant undertakes that upon termination of the employment of any such employee or upon any person hereinbefore mentioned ceasing to be under his/her charge or control or upon ceasing to be in contract with any such person, firm or corporation, the pass, if any, of any such person will be forthwith delivered to Thistledown for cancellation. All employees must be fingerprinted and wear identification badges visibly.
Stabling and Training Rules
Training on the Thistledown track will be allowed only at such times, if any, in accordance with any instructions and directions regarding training activities as may be determined by Thistledown. Applications for stall allocations are received only with the understanding that Thistledown reserves the right to refuse, cancel or revoke any stall application or the transfer thereof for any reason and without notice to trainer.
Entire Agreement
The Stall Agreement contains the entire understanding and agreement between the Applicant and Thistledown with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings with respect to such subject matter.