MOOSE EARNS MONEY & VALUABLE LESSONS

 

Sorry internet, part of me using this medium to spew my thoughts and opinions to the world is the opportunity it gives me to brag.  Like most mothers brag about their children's accomplishments, I find great pleasure in bragging about the accomplishments of my horses. Not only because they are an extension of myself, but also because they are the cutest, cuddliest, most beautiful creatures in the world and are quite deserving of all my unconditional love.

Now that we have gotten that out of the way, you too can take part in ooo-ing and ahh-ing required for viewing this post. Last Sunday, after approximately one week off and receiving only one late Friday evening hack, Moose and his palomino girlfriend, Princess Buttercup, participated in the Monmouth County Hunt's First Hunter Pace of the Season. You may ask, why is this a big deal? Who cares? Well let me tell you why.

Moose, the giant seven-year-old OTTB, went out for his first time this season after literally being pulled out of the field the day before, and completely dominated. He jumped every single thing he was pointed at, including several coops, tree trunks, and a giant hedge!  Not only was he perfectly polite, quiet and calm through the whole course, he walked effortlessly through a stream, up and down hills, through cornfields and over obstacles. It was the perfect ride and the perfect weather. When we were done I was so happy with our ride I hardly gave a second thought to the results. I sponged down the horses, offered them some water, and brought them over to the horse park to watch the show. About two hours later I looked down at my phone and saw a text message. ALI WE WON!!!! I laughed out loud. Really? I thought. I learned we had come in at the exact optimum time (one hour and thirteen minutes) over the approximately seven mile long course. We were not even a minute over! Together, Moose and Buttercup earned their team $200 with the best time of the day!

In years past I would have found myself at the horse show for a grueling 12 hour day, hurrying up and waiting to school, and then to show, and then leaving starving, exhausted and thinking about how to improve next time. This year, I opted for the hunter pace. It was the first really beautiful day of the spring, Moose was not prepped to show, and it just seemed like the right thing to do. Turns out it was absolutely the right thing to do. I came home a happy rider with a happy horse and more lessons learned than I could have gained from a couple trips in the show ring.

 

After all the obstacles he had overcome earlier that day, I was confident that Moose could walk cold into any ring in the country and not spook at a thing. I also have a new appreciation for how resourceful he is. Most show horses are valued based on their scope and ability to move and jump well. Very often I see these things outweigh the value of a horse's steady demeanor or quiet nature. For Moose, the former were never his strong points. Although he does have a gigantic stride, when he comes to a jump he'd much rather add a step and take it easy to accommodate his lack of athleticism in that regard. Where that may hurt him in the show ring, it helps him in the hunt field. Not a single obstacle feels unsafe because he is careful to be surefooted before taking off. Although he has a giant stride, in the hunt field the obstacles are set where they fall and have no particular measurements. No problem for Moose, he adjusts his stride on his own as you grab mane, grit your teeth and say quick a prayer. (After this weekend I've decided I'd no longer like to count strides, thank you very much). He is comfortable on both leads, at all gaits, and on various surfaces. Trotting over tree trunks? No problem. Galloping through greenery? Yes please. Strolling through streams? My specialty. Moose approaches a three foot tall and three foot wide hedge at the same pace and demeanor as he does a six inch pile of sticks: calmly, quietly and with steady feet.

So what did we learn from all this? Next time we compete against a $50,000 horse that is afraid of puddles Moose will have the upper hand. Next time there is a bending line, or the jumps are offset, Moose won't crash into the spread because the measurements are off. Next time the course is full of straw bales and tree branches, Moose is more likely to stop and take a bite, than to stop and refuse to jump. Next time we raise the jumps, or confront a tricky course, Moose will predictably stay exactly the same.  

 

As I watched hunter trips at the horse show I thought of how many people could have learned from a similar experience like I had earlier that day. I watched the same horse and rider combination chip at the same jump three times in a row. I watched one rider yank on her horse's mouth mid air in order to steer down a relatively mild bending line. I watched a third rider deal with her horse spooking at the same pile of dirt on the side of the ring each time they passed it. I wasn't jealous. For about a quarter of the cost and half as much time, Moose and I had a wonderful pleasant ride that will improve our next performance in the show ring.  

Okay that's it! I'm done bragging (for now). In the end, Moose and Buttercup proved the perfect pair, and are totally ready for show season/hunting season! This weekend we tackle the thoroughbred only hunters at the horse park.

WEF's Non-Compete Clause Up In the Air

Recently a friend sent me an article which reported on legal action taken against the Wellington Masters. Not only is this a legal issue that I'll comment on (see below, where others have declined) but it also involves a relevant issue in New Jersey: the non-compete clause. 

Some background: Less than a month ago, attorneys for the organizers of WEF (although technically WEF is a subsidiary, I will refer to them as WEF here for clarity) filed a Complaint against Stadium Jumping (SJ).  The issue is the Wellington Masters hosted about a mile away from WEF show grounds, which according to WEF is in violation of a settlement agreement between the two parties dating back to 2007 whereby WEF was given these USEF competition dates. The agreement also included a "non compete clause" which generally restricts one party from participating in a competetive activity within a certain geographic area and for a certain amount of time. In this case, WEF is attempting to enforce a non-compete clause limiting Stadium Jumping from partaking in a competitive activity within 225 miles until the year 2037. Note that because this was a settlement agreement reached between the parties, both agreed to the terms voluntarily. On the other hand, this is a not a court order, so parts of the agreement could be held unenforceable by the court. 

When asked about this dispute Bill Maroney stated that he would not comment on the enforceability of non-compete clauses. If you ask me, that speaks volumes, because by bringing up enforceability he has indirectly commented on non-compete clauses possibly being unenforceable. 

Just recently, lawyers in New Jersey have grappled with non-compete clauses.  Non-compete clauses may be found unenforceable as unreasonable or against public policy.  Usually, a court will not uphold an overly restrictive non-compete, and in some states (like California) they are completely unenforceable. States like Utah and  Hawaii have passed laws restricting non-compete clauses, while federally and in New Jersey efforts to regulate non-competes have not been successful. In states without restrictions a non-compete is only unenforceable if overly restrictive or unreasonable. A very general example: it would be against public policy to restrict a cardiologist from working within 200 miles until 2055 from another cardiologist in a rural area where there are a shortage of health care providers. Even if that cardiologist happens to take a couple patients from the other doctor, the greater good is served by providing health care providers to the pubic and the 200 miles will be held unreasonable and overly restrictive. The court may remedy the inequities presented by a non-compete by limiting the geographic distance or shortening the amount of time, to say 25 miles and 3 years.

Its also worth noting that many people will include a non-compete in a settlement agreement or employment contract even if they aren't sure it is enforceable. (Take a look at your employment contract, it may include a non-compete!) By doing so, an employer (or in this case, WEF) really has nothing to lose because they can go to court and try and enforce it if the provision is ever violated. On the other hand, the employee or the party held to that agreement risks being dragged into court for violating the provision. Both parties face racking up legal fees, and both risk losing. 

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As far as this particular non-compete clause goes, it seems possibly excessive to me. Although there really is no public policy argument here (i.e. horse shows don't save lives like cardiologists do, although I know some people that would argue with that) the distance of 225 miles suggests that WEF would stand to lose competitors to any show put on by SJ within 225 miles of Wellington. That I find hard to believe. All of Florida is only 361 miles wide and 447 miles long. I'm almost certain there is another horse show somewhere within 225 miles of Wellington that WEF doesn't even know or care about.

Although 225 miles may be a lot, on the other hand  operating a show 1 mile away is very close and doesn't exactly help any argument SJ may make with respect to the distance being unreasonable. It should be noted, however, that the Masters was allowed to take place due to a recent USEF rule change exempting the old mileage rule in areas where there is a market for more competitions due to concentration of competitors. The reasoning behind this rule change, I imagine, was to allow competitors access to nearby competitions in instances when conditions are crowded, and the existing competition does not stand to incur a substantial loss of competitors due to another competition nearby. This is important as far as damages may go, discussed below.

Additionally, the time frame the parties agreed to in 2007 was 30 years (at which time they probably would have met to re-negotiate in 2037). Although I can't say if that is a per se "restrictive" time frame, I would bet the majority of enforceable non-competes cover a range of 1 to 10 years, for the simple reason that circumstances surrounding business operations and clientele change over time. Perhaps SJ has something up their sleeve in this regard, as roughly 9 years have gone by since the parties entered into the agreement. 

Finally, in most civil cases a party bringing suit (in this case WEF which is trying to enforce the non-compete) must show it's damages, even in a breach of contract case. That means WEF is going to have to demonstrate the amount of exhibitors and money it lost due to the Masters operating about 1 mile away for a single weekend in February. I don't know what the entries were like at either show that weekend, but I know the Masters was a very limited number of select classes offered at the highest levels (a World Cup Qualifier, a Grand Prix and a Welcome Stake). My guess is that WEF's loss of competitors for this one weekend to the Masters is a drop in the bucket compared to the revenue it brings in over the course of WEF week 4. Meaning, I don't think they will be able to demonstrate a significant amount of damages, especially in light of relevant reasoning behind the recent relaxation of the USEF mileage limitations.

In any event, some people have argued that non-compete clauses are bad to for the economy because they restrict services and employment positions from consumers and potential employees. Others find them unduly burdensome and overly restrictive without any legislative cap in place because it forces each agreement to be reviewed by the court on a case-by-case basis. It will be interesting to see what the court has to say about this non-compete clause, or if the parties will settle the matter on their own before it gets that far. 

If you have any thoughts you would like to share please leave me a comment!