[nagdu] Fidelco

Marion Gwizdala blind411 at verizon.net
Sun Aug 21 11:43:48 UTC 2011


Cindy,
    An agreement may have specific conditions under which a dog may be 
repossessed. For instance, GDF has a clause that, should the individual 
become unable to use the dog before the dog reaches five years old, the dog 
should be returned to GDF for placement with another handler. However, 
Fidelco's agreement give them the "sole and absolute discretion" to 
repossess the dog at any time and for any reason. I believe that, should an 
individual challenge this clause in court, it would not be an enforceable 
clause under ownership laws. JMHO!

Fraternally yours,
Marion



----- Original Message ----- 
From: "Cindy Ray" <cindyray at gmail.com>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Saturday, August 20, 2011 9:54 PM
Subject: Re: [nagdu] Fidelco


> Oh, I don't see how they could make binding that you can own your dog if 
> you are continuing to use it as a guide.
>
> On Aug 20, 2011, at 8:48 PM, Marion Gwizdala wrote:
>
>> Cindy,
>>   I'm not sure what you mean by this message, as the one to which you are 
>> replying is not contained within it. Could you explain what you mean by 
>> "enforcing something like that"?
>>
>> Marion
>>
>>
>> ----- Original Message ----- From: "Cindy Ray" <cindyray at gmail.com>
>> To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
>> <nagdu at nfbnet.org>
>> Sent: Saturday, August 20, 2011 9:40 PM
>> Subject: Re: [nagdu] Fidelco
>>
>>
>>> I don't see how they could enforce something like that. Do they have dog 
>>> guide police out there? And the woman who originally brought up the 
>>> question, as I recall, was using her dog for a guide. I don't see how 
>>> they could really legally make that stick.
>>> CL
>>>
>>>
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>>
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>
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