Changes to Format, Class Specifications: Any request by the host Competition to change the format or class specifications of this Event from the agreed upon terms and conditions herein must be submitted in writing and received by OHJA at least fifteen days (15) days prior to the agreed upon original Event date. Requests for changes of format or class specifications not received at least fifteen (15) days prior to the previously agreed upon date(s) will not be considered. Host Competition acknowledges and agrees that OHJA is not required to approve any changes and said decision(s) remains solely in the discretion of the OHJA. Upon approval, Host Competition must notify exhibitors of the change(s) via website, email, signage and prize list. Any deviations from the Event class specifications or format are not permitted without the prior written consent from the OHJA. Exception: Should an act of God occur within thirty (30) days of the scheduled Event and force a Host Competition to conduct the Event in a manner not agreed upon under this Agreement, Host Competition must notify OHJA in writing of the change within ten (10) days of the conclusion of the Event.
Show Requirements: The Host Competition must provide or comply with the following conditions, requirements, and specifications:
1. Submit an application to, and sign a host competition agreement with, OHJA at least thirty (30) days prior to the show date(s)
2. Submit to OHJA proof that such show has been approved by the USHJA Outreach program
3. Stabling - for all Outreach multi-day shows, and single-day Outreach shows offered the same weekend as a Rated Show, at least twenty (20) stalls, on site, must be available for use by show participants. For all other single-day Outreach Shows, management is encouraged, but not required, to provide at least twenty (20) available stalls, on site, for use by show participants.
4. Parking - ample parking for trailers, cars, and/or recreation vehicles
5. Suitable warm up and exercise areas
6. EMT or First Responder
7. Eating facility(ies)
8. Safe and suitable footing
9. Restrooms
10. Water facilities
11. Phone available for emergency use
12. Insurance coverage that meets or exceeds the requirement established by the USHJA for USHJA Outreach competitions, naming OHJA as an additional insured on such policy(ies), and providing OHJA with proof thereof as provided herein. A Certificate of Insurance naming OHJA as an Additional Insured does not constitute evidence of insurance under this Agreement. The Show Manager must provide an endorsement issued by an insurance company reflecting OHJA's additional insured status.
13. Entry forms – for all Outreach shows, all entry forms must include the OHJA approved waiver of liability and release language
14. Pay the Points Fee, and any fees and fines associated with the submission of show results as provided herein
15. If applicable and in addition to the Points Fee, pay the Medal Fee, which equals the greater of $50.00 or twenty-five percent (25%) of the entry fees of all entry fees received from the OHJA Medal Classes including the Jumper Medal. OHJA will supply ribbons and medals for OHJA Medal classes
16. Comply with the OHJA Code of Conduct
17. Have a copy of the current OHJA Rules available for reference
18. Make copies of the current OHJA membership application or maintain an internet connection so that OHJA members can join or renew online at the show
19. Forward show results to OHJA in the format and in a timely manner as provided herein
20. Courses are designed (a) consistent with USEF hunter, equitation, and/or jumper course designing guidelines and OHJA class specifications, and (b) by a professional trainer or an amateur rider at least 21 years of age under the supervision of the designated professional trainer. If the OHJA class specifications are more restrictive than the USEF course designing guidelines, then the OHJA class specifications take priority over USEF guidelines.
21. Safety equipment – breakaway cups or pins must be used on the back rail of all oxers
EMT/First Responder: The Host Competition shall retain the services of one or more EMT(s) or First Responder(s), licensed or accredited by the applicable state and/or local authorities in which the Event is located, to provide emergency medical care at the Event. All EMT(s) or First Responder(s) shall: (a) carry or otherwise be covered by a professional liability insurance policy as required by applicable state law, with proof thereof provided by the Host Competition to OHJA at least two (2) weeks prior to the Event; (b) be designated by first and last name as the EMT(s) or First Responder(s) on the application for the Event; and (c) remain on the show premises, and in proximity to the competition arenas and/or schooling areas at all times throughout the Event, including any school session(s) open to exhibitors on the day(s) of the show. Any change to the EMT(s) or First Responder(s) designated on the Event’s application must be reported to OHJA as soon as practicable prior to the Event, along with proof of insurance coverage.
Insurance Coverage: Host Competition shall (a) maintain insurance coverage that meets or exceeds the minimum requirements established by USHJA for USHJA Outreach competitions, (b) name OHJA as an additional insured with respect to any and all such policies, and (c) provide OHJA with proof thereof at least two (2) weeks prior to the Event. Proof of emergency medical personnel’s professional liability insurance shall also be provided as required herein. If proof of insurance is not provided as required, the Host Competition shall pay to OHJA a one hundred seventy-five dollar ($175.00) fine in order to for exhibitors to remain eligible to receive OHJA points toward year-end awards based upon their results at the Event. Until such fine is paid, the Host Competition shall be in breach of this Agreement, no OHJA member may accumulate points at the Event, and no OHJA member may accumulate points at any future Event to which this Agreement applies. The Host Competition is solely responsible for notifying all Regional and Local System at the affected Event that they will not accumulate OHJA points at such show(s).
Entry Forms: All Event entry forms must include the OHJA-approved waiver of liability and release language.
Changes to Location, Date, or Management: If Host Competition wishes to change the location or location, written notice must be submitted to OHJA. Notices of changes to location(s) and/or date(s) must be received by OHJA at least ten (10) days prior to the original recognized Event date.
Loss of Host Competition Facility: Host Competition agrees that if their facility becomes unavailable for hosting the Event, Host Competition shall notify OHJA immediately and shall seek to secure an alternate facility to host the Event on the agreed upon date(s), subject to OHJA approval.
Class & Competition Requirements: Host Competition shall fulfill all the Classes and competition requirements that are outlined in the OHJA Competition Application (Exhibit A, attached hereto and incorporated herein by reference) and the applicable competition year’s USHJA Outreach Competition Specifications. The Host Competition’s failure to comply with these requirements may result in the ineligibility of the classes at the Event for OHJA points. For a single-day Event, only two (2) over fences and one (1) under saddle class per recognized OHJA divisions may count for points.
Point Tracking Fee: For exhibitors’ results from the Event to count toward OHJA year-end division awards, the Host Competition must pay to OHJA a $25.00 point tracking fee (“Fee”) for each day of the Event, to be paid upon submission of Exhibit A. The Fee is non-refundable and is subject to doubling if not submitted at least thirty (30) days in advance of the Event. The Fee does not cover medals and ribbons for any OHJA Medal classes.
Medal Classes:
1. Fees: For the Host Competition to host OHJA Medal classes at the Event, the Host Competition must pay to OHJA $50.00 or 25% of all entry fees received from the OHJA Medal classes, whichever is greater (“Medal Fee”). OHJA will supply ribbons and medals for OHJA Medal classes. The Medal Fee for an Event shall be paid to OHJA within two (2) weeks of conclusion of the Event.
2. Number of Medal Classes: One Event, regardless of the number of days, may only offer one of each of the OHJA Medal classes. These classes may not be held in conjunction with any other class, other than the WSHJA or HDHJA Medal classes in accordance with OHJA rules, and must be named as listed by the OHJA. Riders may continue riding in the OHJA Medal classes throughout the year as provided in the then-current OHJA Rules.
Show Results & OHJA Points:
1. Points at Single-Day Shows: For a single-day OHJA Outreach show, only two (2) over-fences and one (1) under saddle class per recognized OHJA division will count for OHJA points.
2. Submission of Show Results: Within two (2) weeks after the Event, the Host Competition shall provide the OHJA with the following: (1) results submitted electronically directly to OHJA via the OHJA website’s data entry portal or in the electronic format provided by OHJA to the Host Competition (i.e., Excel document); (2) all OHJA paper membership applications, horse registrations, and fees received at the show; (3) for combined age group classes, the correct age group of the rider; and (4) a copy of the show’s prize list. If results are not submitted electronically via the OHJA website or in the required Excel format, then the Points Fee shall increase to $50.00 per day per Outreach Show, with the balance due paid at the time the results are submitted to OHJA. Further, if results are not submitted and/or the Medal Fee is not paid in a timely manner, then an additional two-hundred fifty dollar ($250.00) fine is due. OHJA will not track points from any show for OHJA year-end awards unless and until all fees and fines are paid.
Prize Lists: The Host Competition must mail or email approved show prize lists to all members on the OHJA Regional and Local System mailing list, which list can be provided by the OHJA upon request. As an alternative to mailing or emailing show Premiums, the Host Competition may post the show prize lists on its own website and/or the OHJA website. Regardless of whether prize lists are mailed, emailed, or posted on a website, the Host Competition must make prize lists available to the membership of the OHJA Regional and Local System at least thirty (30) days prior to the show date. All classes in which horses and riders may compete and accumulate points for Regional or Local System year-end division championships must be named and conducted according to OHJA specifications. Classes for which there is corresponding OHJA year-end division championship must be identified as such in the Premiums.
OHJA Rule Book and Membership Applications: During the Event, the Host Competition must (a) have a copy of OHJA Rules available for reference, and (b) make OHJA membership applications available for show participants. Upon request, the OHJA Secretary will mail copies of the OHJA Rules and membership applications to the show management.
Compliance With Code of Conduct: By signing this Agreement, the Show Manager acknowledges that he/she has read the OHJA Code of Conduct, understands it, and agrees to ensure the competitive environment of the Event supports the principles of the OHJA Code of Conduct (Exhibit B, attached hereto and incorporated herein by reference).
Event Cancellation: Host Competition acknowledges and agrees that if OHJA should have to cancel Event for any reason whatsoever, USHJA shall not be responsible for payment to or reimbursement of Host Competition for any fees, costs or other expenses related to hosting the Event.
Penalties and Forfeiture: Host Competition acknowledges and agrees that failure to comply with and fulfill the terms and conditions of this Agreement may result in all proper and necessary action by OHJA including, but not limited to, the following: (1) OHJA’s refusal to accept future applications for similar events from Host Competition and/or Show Manager; (2) the termination and/or modification of the existing Agreements for Events with Host Competition and/or Show Manager; (3) removal of current Event from Host Competition and/or Show Manager; and (4) all legal and other remedies which may be deemed appropriate.
Agreement Termination: Either party may terminate this Agreement by providing ten (10) days written notice to the other with proof of delivery.
Entire Agreement: This Agreement, once it is signed by the parties, is the final and entire Agreement and supersedes all prior and contemporaneous oral or written communications between the parties, their agents and representatives. There are no representations, promises, terms, conditions or obligations other than those contained herein.
Amendments: This Agreement contains the entire agreement of the parties and may not be modified, supplemented, amended or revised except in writing and upon the mutual agreement of the parties.
Assignment: This Agreement may not be assigned or transferred without the express written consent of both parties.
Authority to Contract: Each party represents and warrants that it has the right, power, and authority to enter into this Agreement, grant the rights and benefits described herein, and to satisfy the obligations hereunder.
Release of Liability and Hold Harmless: In consideration for the right of OHJA members to accumulate points toward OHJA year end awards for placing in eligible classes at the Host Competition, Host Competition agrees to fully and forever release the OHJA and its officers, directors, members, volunteers, agents, and representatives from any and all liability due to accident, injury, damage or loss, economic and noneconomic, that may occur during or as a result of the Event hosted by Host Competition. In addition, Host Competition agrees to forever defend, hold harmless and indemnify OHJA from any and all claims, damages, actions, losses, both economic and non-economic, and related costs, including reasonable attorney’s fees, which may arise out of or in conjunction with the right of OHJA’s members to accumulate points toward OHJA year end awards for placing in eligible classes at the Host Competition and the hosting of the subject Event.
Governing Law: Regardless of any conflict of law issues, this Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, and it is intended to be as broad and inclusive as permitted under such laws. If any portion hereof is determined by a court of competent jurisdiction to be invalid, the remainder of the Agreement shall continue in full force and effect.
Conflict with OHJA Rules: To the extent any provision of this Agreement materially conflicts with the applicable competition year’s OHJA Rulebook, the OHJA Rulebook controls.
Dispute Resolution: The parties agree that in the event of any dispute, whether equitable or legal in nature, arising out of or in any way related to this Agreement, including but not limited to any and all disputes to enforce or determine the parties’ rights or duties arising out of the terms of this Agreement, such dispute shall be resolved as follows:
1. Mediation: If the parties cannot promptly resolve any dispute between and among themselves, the parties shall, in good faith, participate in non-binding mediation to resolve any such dispute. The parties shall agree upon a single mediator who has experience in the area involved in the dispute. If the parties are unable to agree on a mediator, each party shall submit to the other a list of three (3) qualified mediators. Each party may then strike two (2) of the mediators proposed by the other party. The two (2) remaining names shall be placed in a container, and the mediator’s name(s) shall be randomly drawn from the container by a person who is unable to see into the container at the time of selection. Thereafter, the parties shall participate in the mediation process in good faith. If mediation fails to resolve the dispute, then either party may proceed to arbitration.
2. Arbitration: Provided the parties have first tried, in good faith, to resolve any dispute by non-binding mediation, any and all such disputes arising out of or in any way related to this Agreement shall be settled by binding arbitration before a single arbitrator using the rules of the Oregon Revised Statutes. The arbitrator shall be a retired Oregon Circuit Court Judge or an attorney who has a minimum of ten (10) years experience in the area of law involved in the dispute and who has not previously represented either party (or a related person or entity). The parties shall agree on an arbitrator. If the parties are unable to agree, each party shall submit to the other a list of three (3) qualified arbitrators. Each party may then strike two (2) of the arbitrators proposed by the other party. The two remaining names shall be placed in a container, and the arbitrator’s name(s) shall be randomly drawn from the container by a person who is unable to see into the container at the time of selection. The arbitration shall occur in Clackamas County, Oregon. The parties are entitled to conduct discovery in accordance with the Oregon Rules of Civil Procedure, subject to limitation by the arbitrator to secure just and efficient resolution of the arbitration within one (1) year. The party substantially prevailing in the arbitration shall also be entitled to recover an amount for costs, including arbitrator’s fees, and attorney fees incurred in connection with the arbitration as shall be determined by the arbitrator. Judgment upon the arbitration award may be entered into any court having jurisdiction.