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Contracts
Dogs causing injury
Dog ownership
Adoption
Getting your
money reimbursed
Abuse or neglect
Contracts
A contract that is already prepared
is always written to protect the party
who supplied it. It is the written evidence
of an agreement. In a court of law a
contract will generally supersede a
verbal agreement. However, in a civil
court of law, what is most reasonable
will generally be held in favor, even
if it goes against a contract. In lieu
of a written contract a verbal agreement
is just as binding. However, it
can be more difficult to produce evidence
of the agreement, which is why we urge
you to get what you verbally agree to
in writing. It does not have to be formal.
- Ask to see a copy of the contract
before deciding to go with the consultant/training
facility.
- ALWAYS take it home before signing
it or leaving your dog in the facility
or request a copy be mailed to you
If you live a distance from the facility.
- Get an objective person to read
through it, or even consider asking
about things that may bother you on
other egroups online.
- If you feel something should be
included that isnt, ask the
consultant/facility representative
to add to it.
- Have the consultant and/or someone
in authority to sign any changes that
are made, along with signing it yourself
on all copies. Dont be
afraid to modify the contract.
- If you have any questions whatsoever,
this is the time to ask them!
- If you do choose the consultant,
ensure that you and the consultant
have a signed copy BEFORE the dog
is left behind..
Too often we pass up reading contracts
because we are desperate for the service,
and feel that we couldnt change
them anyway. However you are your dogs
only advocate. If a facility or consultant
wont modify the contract to your
reasonable specifications, you are right
to be concerned.
(Top of page)
Dogs causing injury
It is always a serious thing when a
dog injures another person or a dog
and can result in disaster. You can
be held responsible for things you never
even thought of if it can be proven
that it was preventable. If your dog
has injured another person or dog, avooid
saying anything or doing anything until
you speak to a layer If you suspect
your dog is aggressive consider muzzling
him in situations where you feel insecure
with him. In most cases dogs adjust
to muzzles much easier than we think.
Its also a good way to encourage people
to not introduce themselves or their
dogs to yours.
If you dog has bitten, or in case you
dog bites it would be a good idea to look
at the Dog Owners information on Dog
Bite Law. Although this is an American
based site, there is still good information
on what to do if your dog bites someone,
etc., for people of all countries.
If you dog is at a board and train
facility look into your local laws,
including your city, state/province,
and national laws. There are laws that
protect people, and laws that protect
animals.
In some cases, a trainer might suggest
that you are responsible for any harm
your dog does while on his premises.
Check the facts before handing your
dog over, because you shouldnt
be. Even if the facility or consultant
can assure you that everything will
be handled safely, accidents happen.
Be prepared.
More
Legal links
(Top of page)
Dog ownership
No consultant has the right to withhold
your dog from you, no matter what the
circumstances. Some laws look at dogs
as personal property. Make sure your
dog has all necessary microchipping,
tattooing, etc. to identify you as the
owner. If there is a dispute call the
police. They should be able to help
you get your dog back, while keeping
conflict to a minimum.
(Top of page)
Adoption
If you are giving your dog up for adoption
to a facility, consider negotiating
a co-ownership, and draw up a contract
about this. Anything else you add in
a contract will have validity and and
will allow you to be involved with your
dog future. If you eventually feel the
new owners are not treating the dog
as you wish, you will have power in
court to remove the dog. You can also
insist that the dog not be given away
or put down without your permission.
The downside is as a co-owner you are
legally liable which could potentially
be an issue with an aggressive (or any)
dog. It would be a good idea to discuss
options with a lawyer. Some laws make
the person housing the dog, or even
just the property owner liable in a
situation.
Generally any new owner would be happy
to keep in touch with you. If you wish
to have contact with it with its new
owners, get a contract stating this
in detail before giving him up. Essentially
who ever owns the dog can do what they
wish, however judges will often rule
in favor of what is most reasonable.
Consider including in the contract
states you have a certain amount of
time to change your mind before signing
over ownership. More often than you
would expect, an owner wants their dog
back only to find out it is gone.
Keep all paper work, invoices, receipts
and contracts. Do not make a rash decision.
(Top of page)
Reimbursement
If a consultant refuses to reimburse
money that you feel the consultant rightly
owes you, depending on where you live
you may be able to pursue the matter
through the Better
Business Bureau, (in the United
States and Canada) who will try to resolve
the dispute with no cost to you. If
you dont have access to a Better
Business Bureau pursue it through
small claims court. In all cases we
urge you to take action if you truly
feel you are in the right. It is likely
be the case that the consultant has
a pattern of dirty dealings".
Small claims court fees are less than
regular court and you will not need
a lawyer. Also, if you are truly in
the right, you will should get your
money back possibly including the court
fees. Nit only will you feel better
about the situation, but you may stop
it from happening to others.
(Top of
page)
Abuse or neglect
If you suspect any kind of neglect
or abuse has occurred with your dog,
WE URGE YOU to get your dog to a
vet, and retain paper work of the vets
diagnosis. Take this and a report to
your local humane society, cruelty organization
and/or the police. This is imperative.
People who harm animals usually continue
doing so. Depending on where you live
the laws may not protect animals in
the same way as people. Take action
immediately.
If you suspect the consultant may be
causing suffering to or neglecting another
animal, do not confront the person.
Call your local humane society, cruelty
organization and/or the police..
Most organizations have inspectors to
investigate.
However, note that in some area, investigators
do not have the right to go inside of
a person's home without a warrant.
What
is a "responsible dog owner"?
Legal
links
(Top of page)
footnotes go here
K9aggression.com is committed
to making a positive difference in the
lives of aggressive dogs, their owners
and those around them. By providing education,
inspiration and support through online
communication we hope to promote responsibility,
action, and understanding.
©2002-2007
Copyright k9aggression.com.
All rights reserved.
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