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2011 Official Rule Book - New England Pinto Horse Association

2011 Official Rule Book - New England Pinto Horse Association

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oPERaTions<br />

receives this recorded on an “as is” basis. For absolute<br />

accuracy, independent verification must be obtained from the<br />

current owner or his/her predecessor in title to the subject<br />

horse.<br />

F. In all proceedings concerned with or affecting the registrations<br />

and records of the <strong>Association</strong> and in all disciplinary actions,<br />

the burden of resolving any doubt as to the true parentage<br />

or identification of an animal, or qualification for registration<br />

(either by color, type or bloodline) shall be upon the applicant,<br />

owner, lessee or other member(s)) or nonmembers)) involved.<br />

The determination, decision or action of the Executive<br />

Committee upon all such questions shall be final and binding<br />

upon all parties. As the owner has the burden of proof, by<br />

failure to present evidence concerning such questions to the<br />

<strong>Association</strong> or at a hearing scheduled to resolve the question,<br />

the owner shall be deemed to have waived his/her right to later<br />

present such evidence to a court of law, if he/she seeks judicial<br />

review of the <strong>Association</strong>’s action.<br />

G. Conduct<br />

1. Unsportsmanlike conduct will not be tolerated.<br />

2. Unsportsmanlike conduct shall be defined as any action<br />

of disrespect, deceit or fraud directed to judges, show<br />

management, show representatives, the PtHA, PtHA<br />

members, employees or other exhibitors or spectators.<br />

3. When an exhibitor, owner or trainer is guilty of<br />

unsportsmanlike conduct, such person is subject to<br />

disciplinary action by the PtHA, including, but not limited<br />

to, fines or suspension.<br />

B4. liability<br />

A. The PtHA, its officers, directors, members of committees,<br />

inspectors, employees, representatives, and agents will<br />

attempt to obtain true and complete information in connection<br />

with registration of <strong>Pinto</strong> horses, transfer of Registration<br />

Certificates, hearings, and all other matters relating to PtHA<br />

activities.<br />

B. Except for proven intentional wrongdoing, neither the PtHA<br />

nor its officers, directors, members of committees, inspectors,<br />

employees, representatives, nor agents will be liable in any<br />

way, whether in damages or otherwise, for issuance of any<br />

pedigree certificate, for the transfer of any pedigree certificate,<br />

for the cancellation of any pedigree certificate, for the refusal<br />

to issue a pedigree certificate, for the issuance of any<br />

pedigree statements, for the refusal to transfer any pedigree<br />

certificate, for any disciplinary procedure brought against or<br />

penalties imposed on any member or any person or for any<br />

other activities engaged in, by or on behalf of the <strong>Pinto</strong> <strong>Horse</strong><br />

<strong>Association</strong>.<br />

B5. Release of liability<br />

A. The PtHA and co-sponsoring organizations, if any, shall not be<br />

responsible for any personal injury, or for loss or damage to<br />

property, occurring at any PtHA activity.<br />

B. Each owner, exhibitor, handler, or consignor shall indemnify<br />

and hold harmless the PtHA, its officers, directors and<br />

employees from and against all claims, demands, causes of<br />

actions, and expenses of every kind, including attorney’s fees,<br />

arising out of or related in any manner to the acts or omissions<br />

of an owner, exhibitor, handler, or consignor, or the actions of<br />

any animal under the care, custody, or control of the owner,<br />

exhibitor, handler or consignor. Presentation of signed entry<br />

or consignment forms shall be deemed acceptance of the<br />

conditions of this rule. In the event an entry of consignment<br />

form is not signed or presented, appearance on the grounds<br />

or at the sale ring of any PtHA activity as an exhibitor, handler,<br />

24 <strong>2011</strong> PtHA <strong>Rule</strong> <strong>Book</strong>

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