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Originally Posted by JimyJamonas
Fair enough to not get answers to my questions, managed to answer most of them by actually reading this thread :P.
As you clearly determined, in this, and other forums, it is not uncommon for people to ignore questions which have been answered repeatedly, particularly when those answers are contained in the thread where the repetitive questions have been previously asked and answered multiple times. It is appreciated that you realized this yourself and did read the thread.
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Originally Posted by JimyJamonas
One question I wasn't able to find posts about:
If I'm about to start a 3-month staking deal, with the possibility of extending after 3 months if both parties are happy, what is the standard for splitting profits? Can I take my % of profits at any time during the stake, or are profits divided only at the end of the stake?
There are multiple contributing considerations as to when settlements are performed. To a large extent, it is something that depends significantly on the level of trust between the backer and the horse. It appears common that settlements are performed at the same time as reports provided by the horse to the backer. The frequency of such routine reports and settlements should be determined within the contract establishing the stake. In addition, at least a few criteria for the horse to contact the backer with an exceptional report should also be in the contract (e.g. funds dropped below X buy-ins, took down a large tournament for Y times the funding level, desire to move up/down/take shot, etc.). Such a list should not be considered to be the only reasons for the horse to contact the backer, but should make contact mandatory. Keep in mind that good communication is a fundamental that builds good relationships.
Weekly appears to be a common reporting/settlement time-frame for an extended stake. It is not unreasonable for reports to be required more frequently at the beginning of a stake and then settle on a less frequent schedule as the parties become more comfortable with the relationship.
When the reporting and settlement(s) should occur definitely should be in the initial agreement as that timing can significantly impact the actual overall profit of each partner should the stake end in makeup. Leaving the actual times up to arbitrary determination by the horse is generally not a good idea. The ability to arbitrarily define the times for settlement allows for the possibility of picking those times, perhaps even retroactively, such that advantage is gained by one partner. Given that the horse is the one with the more intimate knowledge of the actual state of the partnership funds it is easier for them to perform such manipulation. Even if the horse does not intentionally manipulate this, it possible for the perception of intentional manipulation to form. In general, it is a good idea to reduce the possibility of such negative interpretations. Thus, a predefined schedule of reporting and settlement is a good idea even in a relationship between friends.
To address a couple of your previous questions:
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Originally Posted by JimyJamonas
Also, would it be reasonable for the horse to ask the backer to provide them with a copy of HEM/PT, assuming the horse didn't have it?
It is certainly something that could be negotiated. Given the advantages which a HUD can provide to the profitability of the stake it is not unreasonable for the use of one to be mandated in the contract. If the backer has a preference of one verses the other is it not unreasonable for them to provide the funds for purchase of the license. If there is no preference mandated by the backer I would expect the horse to first use the trial periods of PT and HEM to get a feel for the one they desired then for the partnership to pay for the license. Given that the assignment of the license to the horse would survive the partnership I would think it reasonable for the horse to fund 50%, or more, of the purchase price out of winnings, or assign that percentage of the purchase price to additional makeup when the license is purchased.
Please note that the above is my personal opinion about a hypothetical situation. The actual terms of the relationship should be negotiated between the parties involved. An established backer probably has a set of standard terms which they generally use.
If the horse is an established player it would be expected that they already have a license for at least one of those programs. Thus, it would be one of the things that the horse brings to the partnership in addition to the computer(s), internet connection, skill, playing time, rakeback status, VIP status (e.g. black card, supernova), etc.
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Originally Posted by JimyJamonas
Rakeback/FPPs - I would assume it's standard for the rakeback to be included, that seems logical to me. If thats the case, how does it work on Stars with FPPs?
From a contract point of view, unless specifically addressed in the staking agreement, rakeback and FPPs are a product of the partnership and would be split as per the division of profit defined in the contract.*
In general, FPPs, or similar items, are generally converted to cash or tournament entries with the proceeds being divided as normal. You might ask how to convert such to cash. A search for threads on the best way to convert points to cash for your particular room and stakes would be a good way to determine how to do so.
All terms of the contract are subject to negotiation prior to the formation of the partnership. If either party has issues with which they are concerned they should make sure that the concern is raised prior to the formation of the partnership. While it is certainly possible, even probable, for there to be unforeseen issues arise during the stake, intentionally not discussing a known and anticipated issue could be considered bad faith.
*NOTE: Intentional failure to explicitly disclose a relationship outside the partnership which will result in additional profit to one partner due to actions taken under the partnership may subject one to liability and may be illegal, or criminal, in some jurisdictions. Examples of such would include horses which do not disclose a rakeback agreement, or backers which require the horse to obtain and/or play on an account on a network/room with which they have an agreement to gain undisclosed benefit from the formation, and/or play on, such account. At a minimum, in my opinion, such is dishonest and demonstrates that the individual is willing to intentionally manipulate the situation to their benefit at the expense of the partnership. Anyone who would do so is certainly an individual with which I would avoid doing business without an exceptionally clear contract.
Disclaimer: I am not a lawyer. This is not legal advice.