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Questions about Ownership and Legals - Who has the most rights to the dogs? (2577 Views)
Jester
Posted: Sep 29, 2004 at 7:24 AM - Jester's 1st post Copy Link
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When I adopted Bella Ann straight from the track last week, I learned a few things and got confused about a few things. Here is my understanding (and it may be wrong):
Let's say Miss B owns a racing greyhound. She bought it as a puppy and registered it in her name. The puppy is ready to train so she signs an agreement with Trainer W. What rights does Miss B give up (usually) when she signs an agreement with Trainer W? Is this usually a lease? Does Miss B have ANY say over what happens to the pup?

OK, so Trainer W decided that the pup is ready to race at a track. He (I assume) has a contract with Track H to fill out the racing cards. Does Track H now have rights to the pup? Has Miss B lost any more rights to the pup?

Thanks!

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brindlehounds
Posted: Sep 29, 2004 at 8:06 AM - brindlehounds's 30th post Copy Link
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I would be interested to know the answers to this question too!

Also, I'm assuming leases might be different depending on the state in which the dog is running? Does the owner sign a new lease if the dog moves to different tracks/kennels around the country?

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rockingship
Posted: Sep 29, 2004 at 11:38 PM - rockingship's 34th post Copy Link
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If you own the dog, and sign a lease with a kennel, you are bound by the terms of that lease. Many kennels reqire a racing lifetime lease.....under which they have control of the dog. They are bound also, by the terms of the lease----whether it is simply a lease for a meet, or for a racing career.

The trainer is the "sole insurer" of the greyhounds in his/her care, by virtue of being the legal, liscensed entity who is answerable to the authorites..... for the kennel's and his/her adherence to the racing law and rules as they are written and enforced in the locality.

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Jester
Posted: Sep 30, 2004 at 6:32 AM - Jester's 3rd post Copy Link
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I understand that there are exceptions, I'm just looking for the "norm."

When you say that the trainer has control over the dog, does that mean that the trainer can make decisions on the disposition of the dog without consulting the owner? For example, if the trainer decides that the dog should be sent to brood, does he have to consult with the owner? Can he pet the dog out without consulting with the owner? What are the owner's responsibilities to the dog under the lease?

Your answer also implies, then, that the track has absolutely no authority over the dogs in the trainer's care except where they ensure that care falls within the laws. Therfore the track itself has absolutely no say about the disposition of the dogs?

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rockingship
Posted: Oct 1, 2004 at 1:49 AM - rockingship's 35th post Copy Link
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The state, and not the track, is the regulatory body in greyhound racing. The track may or may not provide a venue for adoption of retirees.

The owner may or may not specify what he or she wishes for the greyhound to do upon retirement. I think this varies from lease to lease----and from owner to owner......there may or may not be contracted instructions as to the greyhounds post race direction.

The trainershould contact the owner for specifics, where they don't exist, as to what the owner would like for the greyhound upon its retirement.

In the case of an owner who does not express specific reservations, the trainer can do as he or she sees fit, after a reasonable amount of time. What that is, I believe, would be a matter of legal interpretation, were there a dispute.

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jcsperson
Posted: Oct 2, 2004 at 7:09 AM - jcsperson's 11th post Copy Link
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Jester, Sep 30 2004 at 06:32:05

When you say that the trainer has control over the dog, does that mean that the trainer can make decisions on the disposition of the dog without consulting the owner? For example, if the trainer decides that the dog should be sent to brood, does he have to consult with the owner? Can he pet the dog out without consulting with the owner? What are the owner's responsibilities to the dog under the lease?


The kennel cannot legally breed a greyhound it does not own. The lease agreement pertains to racing, not breeding. In the case of a female, the owner who wants to breed her will often have an arrangement as to her disposition after she is through racing. There was a huge flap on GG and GT awhile back about a kennel owner who petted out a female the owner wanted back as a brood. I suspect this happens more than we hear about. The kennel owner often assumes that because the bitch didn't run all that well that she wouldn't be wanted for breeding. But many owners breed as much the bloodlines of the bitch than their track performance.

Once a dog is retired, the responsibility for care reverts back to the owner. It's fairly common for an owner to lease her once again, but this time to a breeder. The owner might not be a breeder, but want pups out of his female, so he leases her in return for a puppy or two out of the litter. In this case the farmer assumes responsibility for her care and feeding.

Most owner-kennel relationships are established out of friendship so many of these problems simply never come up.

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jcsperson
Posted: Oct 2, 2004 at 7:19 AM - jcsperson's 12th post Copy Link
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brindlehounds, Sep 29 2004 at 08:06:36
I'm assuming leases might be different depending on the state in which the dog is running? Does the owner sign a new lease if the dog moves to different tracks/kennels around the country?


If it is deemed by the trainer that a dog can no longer compete at that track or the dog grades off, the lease is no longer in effect and the owner is free to seek a track at which the greyhound might be more competitive. Some kennels, however, have multiple bookings and will ask the owner if he wants the dog run at one of those lesser venues. Sometimes a lease might require that a dog stay with that organization throughout its career, even if it has to go to another booking of that kennel instead of a track more suited to the dog's running style.

Owners of large numbers of dogs have a great deal of leverage with kennel owners. A friend of mine owns some 100 greyhounds and kennel owners bend over backwards to accomodate his wishes. Though they have a "lifetime" lease on his dogs presently in their kennel, they know he can certainly opt to take his up and coming dogs elsewhere.

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