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Ohio-Fall-Mixed-Sale-2019.Pdf 1 2 3 The Ohio Thoroughbred Breeders & Owners wish to thank everyone who helped bring the 2019 Mixed Sale and Horses of Racing Age to fruition. Our goal is to provide a venue that brings together consignors and buyers to the benefit of both, and to strengthen and grow thoroughbred racing and breeding in the state. We’d like to acknowledge the efforts of those at every level starting with the principles that operate Majestic Farm – Jeff Jarvis and Barbara McCarthy. They have extended us every courtesy and have a sincere desire to see their facility serve as a showcase for a successful sale. The Ohio H.B.P.A. have continuously given us their support and we hope the sale will competitive horses in the hands of their organization’s trainers and owners. The Ohio State Racing Commission have lent their assistance by helping to promote the sale through their various marketing platforms. Great appreciation goes to those that have stepped forward to volunteer their time and energy. The enthusiasm they have shown bodes well for future efforts to make our industry stronger. We wish everyone a profitable experience through their participation in the sale. John Royer President O.T.B.O. 4 2019 O.T.B.O. Board of Directors President - John Royer Vice- President - James Fraser Treasurer - Bruce Ryan Secretary - Diane Tieman Executive Director - John Engelhardt Board Members Dr. Tod Beckett DVM Ed Crothers Daryl Duncan Gary Falter Bobby McMichael Robin Murphy Craig Powell Chris Rosell James Yaegel O.T.B.O. 28 E. Rahn Rd. Suite 210 Kettering, OH 45429 Phone: 937-723-6026 Email: [email protected] 5 2019 OTBO FALL MIXED SALE Sunday, October 20, 2019 1:30 PM 6 Sales Staff Auctioneer Duane Swingley Pedigree Announcer Tom Mosley Barn Manager Terry Phillips Ringmen OH Apprentice Auctioneer, Brian Brockman Austin Nicks Shane Watson Horse Handler Doug Hahn Clerks Michelle Collins Jane Martin Valerie Smith Briana Zufall 7 Buyers Agreement 1.) All Buyers must be registered and sign a buyers contract. 2.) By signing below, as a registered bidder you hereby agree to make payments on any purchases immediately following the conclusion of the sale. Payment can be made in the form of business or personal check, credit cards or cash. 3.) All Buyers using a credit card will be charged a four percent (4%) premium on the purchase price and sales tax. 4.) Should any Buyer not make satisfactory payment, the Buyer agrees to reimburse the Seller or Auctioneer for any collection costs, damages, as well as reasonable legal fees 5.) At the fall of the hammer the horse becomes the property of the Buyer. The care and legal responsibility of said purchase rests solely with Buyer. 6.) The Buyer will be held to all terms and conditions as printed in the catalog and presented at the auction. 7.) The Buyer holds Duane Swingley Auctioneers LLC, Ohio Thoroughbred Breeders and Owners (OTBO), and Majestic Farms harmless. The Buyer waived his/her right to legal action in the transaction of purchase of a horse represented in today’s auction and agrees to the conditions of the auction and its remedies. 8.) All Buyer purchases made at the today’s auction are purchased “as is” with no implied or expressed warranties. 9.) The State of Ohio requires the collection of 5.75% sales tax on all tangible property, including horses. Sales tax will be collected on all sold horses. 10.) Buyer assumes all responsibility in validating any State foaling registration, any State Sired engagements, any racing state engagement and acknowledge holding the Auctioneer and Sale Manager harmless. We recommend you call the Ohio State Racing Commission (614) 446-2757 or Greg Veit, OTRF Administrator (614) 779-0268 with any questions. By signing this agreement the Buyer agrees to the terms written here as well as all terms presented in the catalog. Signature: ____________________________________________________ Printed Name: _________________________________________________ Today’s Date: _________________________________________________ 8 Agents Authorization (This statement must be notarized) To :OTBO Date: ______________ 28 E. Rahn Rd., Suite 210 Kettering, OH 45429 I have this day appointed _______________________________________ (“The Appointee”) to act for me as my agent at the 2019 OTBO Fall Mixed Sale. Said Appointee, as my duly appointed and authorized agent, shall have full power and authority to act for me in any and all matters in connection with or arising out of the sale or purchase of horses at said sale and is authorized to execute any and all documents in connection therewith, to grant ITOBA a security interest in any horses purchased, to receive and disburse any and all funds, and to do all things incidental to and in furtherance of the sale or purchase of horses. All proceeds of sale of any horses owned by me may be paid to my Appointee, and I agree to pay for all animals purchased by said Appointee on my behalf. This agency is revocable only by my written notice deliverable to you prior to the beginning of the sale. Signature of Owner: _________________________________________ Owner Name: ______________________________________________ Address: __________________________________________________ City, State, Zip: _____________________________________________ Agent Name: ______________________________________________ Agent Signature: ___________________________________________ Subscribed and sworn to me on this ____ day _______, _____ NOTARY PUBLIC ___________________________________ City________________________________ County _____________________________ My Commission Expires: ____________________ 9 OHIO THOROUGHBRED RACE FUND What is an Ohio Thoroughbred ? Current Rule 1. An “ACCREDITED OHIO THOROUGHBRED HORSE” means a horse conceived in this state and born in this state which is both: (a) Born of a mare that is domiciled in this state at time of the horse’s conception, that remains continuously in the state through the date on which the horse is born, and that is registered as required by the rules of the State Racing Commission; registered with the State Racing Commission, (b) By a stallion that stands for breeding purposes only, in this state in the year in which the horse is conceived and that is registered as required by the rules of the State Racing Commission. 2. An “OHIO FOALED HORSE” means a horse registered as required by the rules of the State Racing Commission which is either of the following: (a) A horse born of a mare that ENTERS this state before foaling & remains continuously in this state until the horse is born; FOR PURPOSES OF THIS PARAGRAPH (#2), THE TERM “ENTERS” SHALL MEAN PHYSICAL ARRIVAL IN THIS STATE ON OR BEFORE AUGUST 15TH OF THE YEAR IN WHICH A FOAL IS CONCEIVED. (b) A thoroughbred foal produced within the state by any broodmare shipped into the state to foal and be bred to a registered Ohio stallion. To qualify this foal as an Ohio Foaled Horse, the Broodmare must remain in Ohio one year continuously after foaling or continuously through foaling to the cover of Ohio Stallion, whichever is sooner. QUESTIONS & ANSWERS 1. If I buy a mare in foal in the out of state fall winter sales, when does she have to be in the State of Ohio? Answer: Before foaling, and she must be registered. a. What is the registration cost? Answer: $100 2. What is the cost of registration on a mare brought in after August 15th? Answer: $100 registration a. What if it is a new maiden mare brought in after August 15th? Answer: $100 registration 3. If I register a mare when I bring her into the State of Ohio, do I still need to renew her August 15th of the same year? Answer: No, but you have to submit renewal form at no cost. 4. Do I have to register my mare every year? Answer: No. As long as she has a registered foal with-in 5 years of registration. 5. If my mare has always been in the State of Ohio & registered, do I still need to renew her? Answer: Yes, by August 15th. It is an annual renewal. 6. What happens if the foal is born before I get the mare registered? Answer: You can register the mare with late fees applied- $500 late & $100 registration. With-in 2 years of said foaling. 10 7. I have a registered Ohio Mare with a late foal at her side that I do not plan on breeding this year. Do I send in the renewal form? Answer: No, if the mare is not in foal, you do not need to send in the renewal. Only in the year of conception. 8. Could you give further explanation on 2a of the rule? Answer: The in-foal mare is brought into the State before August 15, registered & stays till after foaling. She may leave, but if you want another Ohio foaled horse, she must be back in Ohio by August 15 & stay until foaling. 9. Could you give further explanation on 2b of the rule? Answer: The difference between 2a & 2b of this rule is, if the mare is brought into the State after August 15. She must be registered & stay till after foaling but she then must breed back to an Ohio stallion. And stay in state until foaling. If the mare does not get in foal, she must remain in Ohio for 1 year. If the mare dies, this will be considered a special circumstance & will be addressed by the commission. 10. Where can I get registration forms? Where do I send the forms? Answer: Ohio State Racing Commission website & the OTBO website & at all thoroughbred racetracks in Ohio. Send them in to The Ohio State Racing Commission. GENERAL QUESTIONS 1. Do I have to be a member of the Ohio Thoroughbred Breeders & Owners in order to register my horses? Answer: No, but it would supply you with further information.
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