[nagdu] Ownership of guide dog

[Marion Gwizdala]

Tracy,
    I guess it would all depend upon what you define as "ridiculous". 
Contractual provisions that are illegal are unenforceable, even if one 
agrees to them. For instance, let us say you sign an agreement as an 
independent contractor with a company that requires you to fraudulently 
misrepresent a product you are marketing. After signing the contract, you 
refuse to abide by this provision, are terminated, and file a suit for 
wrongful dismissal. If the company's defense is that you signed an agreement 
to commit fraud and refused to abide by it, who do you think would win this 
case?
    In the case of a training program that asserts that ownership has been 
tgransferred to the consumer with a provision that the program has the right 
to repossess the dog at any time and for any reason, should the program 
attempt to repossess the dog under these terms without cause, I believe 
ownership rights would be stronger than the contractual terms.JMHO!

Fraternally yours,
Marion Gwizdala




----- Original Message ----- 
From: "Tracy Carcione" <carcione at access.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Tuesday, March 20, 2012 9:40 AM
Subject: Re: [nagdu] Ownership of guide dog


> If one signs a contract, isn't it binding, even if the terms are
> ridiculous?  After all, you theoretically read it, and definitely agreed
> to it.
> Tracy
>
>> Ava,
>>     Since the contract one signs with the training programs is a legally
>> binding agreement, should an allegation of abuse, neglect, or 
>> maltreatment
>> be made, the terms of the agreement and their legality would be reviewed.
>> In
>> the case of Fidelco, for instance, a legal expert in the area of consumer
>> and ownership rights has told me the terms of Fidelco's agreement would
>> likely be deemed unenforceable. It basically states, "You own your dog
>> unless we decide you don't!" Such contradictory language is logically
>> flawed.
>>     As for the terms of other agreements I have seen, the programs
>> generally
>> use the terms "evidence of abuse, neglect, or maltreatment" when 
>> referring
>> to their right to repossess a dog. In such cases, I would assume the 
>> legal
>> procedures and definitions of "evidence" would be used.
>>
>> Fraternally yours,
>> Marion Gwizdala
>>
>>
>>
>> ----- Original Message -----
>> From: "Ava Foster" <avapup.7 at gmail.com>
>> To: "NAGDU Mailing List, the National Association of Guide Dog Users"
>> <nagdu at nfbnet.org>
>> Sent: Monday, March 19, 2012 9:27 PM
>> Subject: Re: [nagdu] Ownership of guide dog
>>
>>
>>> Thank you all for your answers to my question about which programs
>>> grant total ownership. It's not that I'd mind having a contract
>>> stating a program could take a dog for abuse or such, but what worries
>>> me is, who determines what constitutes that abuse, such as in the
>>> example which I believe involved Fidelco. As an owner-trainer who
>>> would NEVER abuse a dog, I'd hate to think that asking for help could
>>> result in having a beloved family memer taken away. Thanks again! Ava
>>>
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>>
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>
>
>
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