[nagdu] Ownership of guide dog

[Pickrell, Rebecca M (TASC)]

So if Fidelco's contract wouldn't hold up in court, can't the people who had their dogs taken away go to court?

Is this happening anyplace? If not, why not?
Also, if it is illegal to have a contract written as Fidelco has written theirs, how are the schools that don't grant legal ownership able to do this froma legal perspective?  Is it that nobody has challenged them in court?


-----Original Message-----
From: nagdu-bounces at nfbnet.org [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Marion Gwizdala
Sent: Tuesday, March 20, 2012 7:43 AM
To: NAGDU Mailing List, the National Association of Guide Dog Users
Subject: Re: [nagdu] Ownership of guide dog

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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