[NAGDU] Southeastern Guide Dogs' "Transfer of Ownership"

Mon Mar 8 18:55:40 UTC 2021

Dear All,\\           With the permission of Les Demers, the subject of the
essay I wrote about SEGDI’s repossession of his guide dog in April 2020, I
am sending you the below SEGDI agreement. Please understand this an OCR
rendering of a scanned document, so please excuse any errors that occurred
as part of this process.

Marion Gwizdala\

The Graduate and SEGDI hereby agree as follows: 

1.   TRANSFER OF OWNERSHIP. As of the date of contract 

execution, SEGDI has furnished the Graduate, without cost, 

the training for use of and does hereby furnish the Graduate a 

guide dog whose name and identification is provided below. 

The Graduate is hereby adopting and assuming full 

responsibility for the Dog and its livelihood, subject to the terms 

and conditions of this Agreement and, subject to the provisions 

hereof, the ownership of the below-referenced guide dog is 

hereby transferred to the Graduate. 

Name: Jannus 

Virtual Tattoo: 61316 

Microchip # 985112006783636 

DOB: 1/17/2016 

Breed: Labrador 

Color: Yellow 

Gender: Male 

Program: Guide Dog 

Neutered/Spayed: X Yes   No 

Current Medication/Treatment (if any): 

  _____  

COMMITMENT OF ONGOING SUPPORT. The Graduate has been adequately trained in
the use and handling of a trained guide dog. Should the Graduate require
additional support so the Graduate/Dog team may continue to work safely and
successfully, the Graduate agrees to contact SEGDI's 

Graduate Services Department for support and follow-up. 

RETIREMENT. It is understood and agreed to that the Dog will be retired if,
in the sole opinion of any SEGDI staff or representative, the Dog is not
healthy enough to continue as a guide dog. It is also understood and agreed
to that the Dog MUST be retired on or before his/her eleventh (11th)
Birthday, and that the harness be returned promptly to SEGDI upon
retirement. In the event of the Dog's retirement, the Graduate is expected,
within reasonable measures, to identify appropriate placement for the Dog.
In the event the Graduate is unable to identify an appropriate home for the
Dog in retirement, SEGDI will assist, within reasonably measures, with the
placement of the Dog in a suitable home. 

CONTINUED POSSESSION AND OWNERSHIP. The Graduate agrees that they will not
sell, lend or donate the Dog to any other guide dog school or similar
organization, any research facility or organization, or any third party
without the prior written consent of SEGDI, or allow the dog to be worked by
another handler (either sighted or blind). 

  _____  

5.   RIGHT TO REPOSSESSION. SEGDI retains the right to repossess the dog if
any of the following conditions are met: 

Suspected Abuse or Negligence. Negligence and/or abuse, for the purposes of
this Agreement includes, but is not limited to, inflicting physical pain or
suffering beyond necessity for normal discipline, withholding of food and/or
water, refusing to comply with recommendations pertaining to weight in
situations where the dog may be underweight/malnourished or overweight
(obese), or any other act which may inflict unnecessary harm, either
physically or mentally, to the dog. 

The Dog/Graduate Team Is Not Working Safely. Should the Dog/Graduate team's
work deteriorate to the point where SEGDI personnel believe that the team is
no longer working safely together despite adequate attempts by SEGDI to
train the working team so they may continue their partnership, SEGDI will
have the right to determine that the situation is a potential threat to the
dog and may be repossessed. 

The Graduate cannot financially support the care and maintenance of a guide
dog. The graduate agrees to maintain the financial stability required to
properly care for and maintain a guide dog. If it is determined, at any
time, that the Graduate cannot financially support the care and maintenance
of a guide dog, the Graduate agrees to surrender said guide dog to SEGDI,
immediately. 

  _____  

PERMISSION TO USE HARNESS. It is understood that the harness furnished to
the Graduate shall, at all times, remain the property of SEGDI. In the event
it is not, in SEGDI's sole opinion, being put to proper use, SEGDI reserves
the right to require its immediate return. Also, at the time of retirement
of the Dog, or if, in SEGDI's sole opinion, the Dog is no longer suitable
for work as a guide dog, the harness shall be returned to SEGDI immediately.
At no time is the Graduate permitted to sell, lend or retain the harness
once the Dog has retired. 

LOSS OF ELIGIBILITY. The Graduate understands that the acquisition of a
Guide Dog from SEGDI was based on the Graduate meeting certain eligibility
requirements as they pertain to their visual impairment. Therefore, should
the Graduate have their eyesight restored before the dog reaches the age of
five (5) years of age, the Graduate agrees to allow SEGDI to evaluate the
dog for potential placement with another recipient. Should it be determined
that the Dog may continue its success as a guide dog with another recipient,
the Graduate agrees to transfer ownership of the guide dog back to SEGDI. 

INDEMNIFICATION. The Graduate herby releases and discharges SEGDI, its
successors, assigns, employees, officers, directors and volunteers, and each
of them, from any and all liability for claims and demands arising from and
any damages resulting from any injuries, personal or otherwise, and from all
manner, causes of actions, suits, debts, demands, claims of any kind of
character and description whatsoever, which the Graduate, his/her heirs,
personal representatives or assigns must have had, might now have or might
in the future have or claim to have against SEGDI, arising from the use of
said guide dog or instructions furnished by SEGDI, including, but not
limited to, any damages or injuries which said guide 

  _____  

dog may cause to happen, or events which may occur as a result of any and
all acts of said guide dog. The Graduate further agrees to indemnify and
hold harmless SEGDI from any and all claims of any kind raised or held by
others arising out of actions of the Graduate or said guide dog. 

CONTINUED WORKING SUCCESS. The Graduate understand that the temperament
and/or work habits of a dog may change over time, that such changes are not
foreseeable and that changes may be affected, in part by or come about as a
result of, the Graduate's treatment of the Dog. 

FINANCIAL RESPOSNIBILITY. The Graduate agrees to be solely responsible for
all costs, fees, and expenses related to the Dog, including without
limitation medical care, that are incurred on or after the date of this
Agreement. 

GENERAL CARE. The Graduate agrees to maintain the Dog in a clean, safe, and
healthy manner and environment, and provide, at the Graduate's expense,
equipment, monthly flea, tick, and heartworm preventative treatments, safe
toys, and food specifically produced for consumption by dogs. 

LIVING CONDITIONS. The Graduate agrees to ensure that the Dog is provided
sufficient shelter and regularly exercised and, when not being exercised,
will live exclusively indoors at the Graduate's residence, and the Graduate
will immediately notify SEGDI of any change of address (or telephone or
email address) or any significant change in living conditions of the
Graduate and/or the Dog. 

MEDICAL CARE. The Graduate acknowledges that the Dog has been evaluated by a
board-licensed veterinarian and deemed healthy enough to leave the SEGDI
Campus, and that 

  _____  

SEGDI has disclosed to the Graduate all illnesses and afflictions known by
SEGDI to be currently affecting the Dog. The Graduate agrees to ensure that
the Dog timely receives all proper preventative medical care and all medical
treatments related to all disclosed (and any future) illnesses and
afflictions that affect the Dog. SEGDI requests that any illnesses or
afflictions that affect the Dog, be reported to SEGDI immediately. 

IN THE EVENT OF GRADUATE INCAPACITATION OR DEATH. In the event of the
incapacitation or death of the Graduate, SEGDI has the right to re-take the
Dog if the Dog is less than five (5) years of age. SEGDI recommends that
each Graduate have a written plan for the Dog's care, in the event of the
death or incapacitation of the Graduate. 

LICENSING; COMPLIANCE WITH LAW. Ensure compliance with all applicable laws,
regulations, ordinances, and licensing and registration requirements
(whether federal, state, local, or foreign) regarding care, transportation,
possession, leash confinement, and adoption and ownership of the Dog. 

FUTURE COOPERATION. The Graduate agrees to cooperate and sign any documents
that might be required on or after the date of this Agreement in order to
effectuate the transfer of ownership of the Dog from SEGDI to the Graduate. 

CHOICE OF LAW; VENUE; JURISDICTION; SERVICE OF PROCESS. This Agreement shall
be governed by and construed in accordance with the laws of the State of
Florida without regard to the conflicts of law principles thereof that would
result in the application of the laws of any other jurisdiction. All
disputes in connection with this Agreement shall be adjudicated exclusively
in the courts of the State of Florida 

  _____  

located within Manatee County and the parties each consent to the
jurisdiction of such courts, agree to accept service of process by mails,
and waive any jurisdictional or venue defenses otherwise available to them. 

MODIFICATION. This Agreement contains the entire agreement of the parties
and no change of any term or provision hereof shall be valid or binding
unless the same shall be in writing and signed by all the parties hereto. No
waiver of any of the terms of this Agreement shall be valid unless signed by
the party against whom the waiver is asserted. A waiver on any one occasion
shall not be construed as a bar to, or waiver of, any right on any future
occasion. 

ENTIRE AGREEMENT; ASSIGNMENT; NOTICES. This Agreement (and any exhibit(s)
attached hereto) represents the full and complete understanding of the
parties with respect to the subject matter hereof. This Agreement is not
assignable by Graduate without the prior written consent of SEGDI. All
notices to SEGDI shall be mailed to the SEGDI Campus. All notices to the
Graduate shall be made via the contact information provided for the Graduate
within this Agreement (whether by mail, email, or telephone). 

OPTION TO RE-TAKE DOG IN EVENT OF BREACH. IF THE GRADUATE BREACHES ANY
PROVISION OF THIS AGREEMENT, SEGDI SHALL HAVE THE RIGHT OF FIRST REFUSAL TO
RE-TAKE OWNERSHIP AND POSSESSION OF THE DOG. THE GRADUATE AGREES TO
IMMEDIATELY RETURN THE DOG TO SEGDI IF THE GRADUATE (A) BREACHES ANY
PROVISION OF THIS AGREEMENT OR (B) DECIDES FOR ANY REASON NOT TO KEEP THE
DOG. IN NO EVENT WILL SEGDI BE OBLIGATED TO RE-TAKE POSSESSION OR OWNERSHIP 

  _____  

OF THE DOG, BUT SHALL HAVE THE OPTION TO DO SO. IF THE GRADUATE BREACHES
THIS SECTION, SEGDI SHALL BE ENTITLED TO INJUNCTIVE RELIEF FOR SPECIFIC
PERFORMANCE (I.E., RETURN OF THE DOG), IT BEING ACKNOWLEDGED AND AGREED BY
THE PARTIES THAT MONEY DAMAGES ALONE WOULD BE INSUFFICIENT TO REMEDY ANY
BREACH OF THIS SECTION. 

[SIGNATURE PAGE DIRECTLY FOLLOWS] 

By effect of the signature below, the undersigned acknowledges that this
Agreement has been read and explained to the Graduate in full. The Graduate
was provided ample opportunity to ask questions pertaining to these
contractual elements and hereby agrees to abide by the terms outlined in
this Agreement. 

Graduate's Printed Name: Les Demers 

Graduate's Signature:   OL-?.   .2.te.4r12,42-0°- 

Date: Icq/ i5 fa-C17-- 

SOUTHEASTERN GUIDE DOGS, INC. 

By: Erin Garcia 

Title: Trainer/Instructor 

(NOTARY FOR RECIPIENT/APPLICANT/STUDENT) STATE OF FLORIDA COUNTY OF MANATEE 

The foregoing instrument was subscribed and sworn to before me this I 5A1N
day of December, 2017 by Les Demers 

who is personally known to me, 
who produced 

as identification and who acknowledged before me that he/she executed the
same freely and voluntarily for the purposes therein expressed. 

My Commission Expires: 

SUSAN L. WILBURN 

puo 

( 's Notary Public - State of Florida 

Awl   • .1:   Commission # FF 182405 
My Comm. Expires Apr 3, 2019 Bonded through National Notary Assn. 

Signature 

Susan L. Wilburn 

Print Name 

NOTARY PUBLIC — STATE OF 

FLORIDA 

• 

Marion Gwizdala

(813) 626-2789

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