hi, i wanna include this clause into the revision of my staking contract cos my horse is not putting in effort in playing per week, the volume requirement is 20 hours per week

3) if Player does not fulfil the volume requirements for any 3 given weeks, the entire makeup amount is owed to Backer by the Player.

he gave me this scenario. he won 2k, so i sent him 1k. then he lost 3k so he's in MU for 3k. in the event of a violation of clause 3, the entire makeup amount is owed to me. he said he will just have to send me 2k since he made 1k for me during the chop, i said he has to send me 3k since that's the amount in MU. so who is right here?

https://gyazo.com/f24dc45446c551e1c5372a5898d50525

He owes you the full 3k.

Scenario 1 - Profitable Staking Agreement

Player makes 4k
Staker sends to the player 2k (splitting profits)
After that player loses 3200 and decides to quit playing
If he gives 1600 back to the staker, they'll be winning 400 each
If the player wants to continue playing, he'll have to make 3200 before claiming any future profits
Scenario 2 - Losing Staking Agreement

Player makes 2k
Staker splits profits with the player, 1k each
After the above, the player is in mu for 3k
If he quits playing, he has to send 2k to the staker. This way the staker will be breakeven, while the player will be losing 1k
If he continues, he'll have to clear the mu (3k)

my horse insists i write these 2 scenarios here, in the event of a violation of contract he thinks that he just needs to pay me back whatever i sent him for chops so it'll be breakeven for me which i don't think so.

P.S ignore the gyazo screenshot

of course you are both free to agree on whatever you like but i think most people involved in backing will tell you that it always starts again at zero after a chop. so if you split a million in profit and after that split, horse loses 100 dollars and quits, he owes the backer 100 dollars.

i'm at my wits end with one of my horses. he's in makeup and is not putting in any decent effort to clear it. it was my mistake to not enforce a volume requirement and allowed him to get away with not playing much until today. right now he's asking me for money while in makeup and i'm enforcing 3) into our contract revision in exchange but he's not accepting it and not playing much. anyone with any suggestions on how i can deal with him would be greatly appreciated. thanks

Ye pick better horses. These contracts you keep going on about are a gentlemen's agreements and only work if the other party is honourable. You can't write any agreement you want regardless of if the terms are equitable and expect them to be followed without argument.

That's a fairly predatory term, I'm not surprised your horse is choosing to say "**** it" and breach the contract.

This is good advice, OP.

Depending on your jurisdiction, there’s a very good chance your contracts are unenforceable anyway. It’s important to have a contract, but it’s impossible (and counterproductive) to try and account for every contingency to your benefit.

Before you enter into another staking arrangement, work on your contract and get that finished. I think it’s natural for a horse to pushback on you when you try to amend agreements in your favor after an agreement has been reached. That’ll save you this headache in the future (I think you’ve had similar issues with other horses).

Once you have that, make sure you do your due diligence on a potential horse. Ask for referrals, go over the contract with them thoroughly, and enforce the terms of your agreement from Day 1.

That should help mitigate your risk.

Good luck!