DOG GUIDE AGREEMENT
The Guiding Principles Underlying This Agreement Are
This Agreement Is Intended To Be Read In The Following Context:
THIS IS AN AGREEMENT BETWEEN (NAME OF DOG GUIDE
PROVIDER), HEREINAFTER CALLED THE "PROVIDER", AND
(THE RECIPIENT OF THE DOG GUIDE), HEREINAFTER
CALLED THE "USER".
Made this day of the year
Definitions
In this agreement
Dog
Means a dog trained for the purpose of guiding people who are blind or vision impaired.
Provider
Means an organisation accredited by the International Guide Dogs Federation which provides training courses for dog guides and/or instruction for blind and vision impaired people in the use, care and maintenance of dog guides.
Trained [Dog]
Means that the dog guide has satisfactorily completed the usual training course conducted by the Provider and that such training course is to the satisfaction of the International Guide Dogs Federation and in accordance with current best practice for the training of dog guides.
User
Means a blind or vision impaired person using a dog trained for the purpose of guiding.
Ownership
The dog and all its equipment shall become the property of the User upon completion by the User of the Provider’s training program to the satisfaction of the Provider and upon the User paying to the Provider the sum of one dollar.
Duties Of The Provider
The Provider agrees to:
guide, Name________________________,
Dog Guide No.______ (hereinafter called "the Dog").
If the Dog is not fully fit and healthy but the User is willing to accept such Dog, then the Provider shall be solely responsible for all medical and associated costs caused either directly or indirectly by the pre-existing illnesses and/or conditions referred to above.
b) Provide the User with full details of the Dog's medical and breeding history prior to the commencement of training.
c) Provide the User with a realistic estimate of veterinary, grooming, feeding and other maintenance expenses related to the Dog prior to the commencement of training.
d) Supply the User with equipment as deemed appropriate by the Provider, but which must include a leash, harness, collar, and raincoat.
e) Replace, free of cost to the User, any such equipment that becomes unable to be used due to fair wear and tear.
f) Provide the User with instruction on care and handling techniques necessary for working with and caring for the Dog. Such instruction is to include, but not be limited to, grooming and guiding work.
g) Provide the User with follow-up training and support services to meet the User’s individual needs at the earliest possible time following a request from the User and at no cost to the User.
h) If requested by the User, provide information to the User in relation to new techniques of dog handling if and when they become available and known to the Provider.
i) Provide any information, training details, instructional material or other relevant materials, including this agreement, in the User’s preferred format.
j) Make available an emergency fund to assist the User with the financial costs of owning and operating the Dog. Such funds should be made available to cover extraordinary expenses such as but not limited to veterinary operations, ongoing expensive medication and other similar items. The User’s financial circumstances should be taken into account when assessing whether or not such special payment should be made. Such special payment may be made for ongoing expenses as well as one-off expenses.
k) Have facilities or volunteers available to assist in caring for the Dog, if requested by the User, during periods of temporary separation from the User.
l) Assist the User to obtain a replacement Dog in a timely manner when the current Dog is found to be in need of replacement.
m) Assist in finding the Dog a home upon retirement, if the User requests the Provider to do so.
n) Refrain from pressuring or requiring the User to participate in fundraising activities on behalf of the Provider unless the User wishes to do so.
o) Give the User reasonable notice of a request to inspect the Dog and the reason for such inspection. The right to inspect the Dog may not be exercised capriciously or in a manner which would cause the User undue harrassment.
4. Duties Of The User.
The User agrees to:
a) Take good and proper care of the Dog at all times, including payment of all costs relating to the feeding of and the health and general welfare of the Dog, excluding those costs covered by the emergency fund referred to in 3(j) and situations as referred to in 3(a).
b) Give the Provider all reasonable opportunities to inspect the Dog following reasonable notice of such inspection and a reason for the inspection being given to the User by the Provider.
c) Not permanently part with the Dog (excluding retirement) without the agreement of the Provider. This does not include temporarily parting with the Dog as, for example, when travelling, holidaying, or during periods of hospitalisation.
d) Comply with all legislation and local by-laws and regulations relative to the keeping and treatment of dogs.
e) Have the Dog examined by a registered veterinary surgeon each six months for the purpose of assessing its general health and when necessary re-vaccination and hydatid treatment. A report on the visit is to be forwarded within 14 days to the Provider.
f) Be responsible for any damage or injury caused by the Dog whilst in possession of the User.
g) Notify the Provider within 28 days of any change of address of the User.
5. Retirement Of Dog Guide.
The Dog shall be retired from guiding work if:
a) It is unable to perform its required duties because of a medical condition which cannot be rectified.
b) It develops behavioural problems which cannot be remedied.
c) It is no longer able to perform guiding work at the level required by the User.
The retirement of the Dog may be initiated by either the User or the Provider.
6. Repossession Of Dog Guide In Limited Circumstances
The Provider retains the right to repossess the Dog from the User in the following circumstances:
a) The Dog not being used by the User for the purpose for which it was trained.
b) The death or serious illness (of a permanent nature such that the User is no longer able to use the Dog) of the User, provided that the Dog is still suitable for retraining and use by another User.
The User has the right to return the Dog to the Provider in the circumstances referred to in a) and b).
7. Dispute Resolution Procedures
a) Disputes
If a dispute occurs between the parties, arising from the interpretation of any part of this agreement, the parties agree to resolve that dispute according to the processes set out below. The parties agree to be bound by any determination made through this process, whether it is a mediated settlement between the parties, or a decision of the arbitration panel described below.
b) Internal Grievance Mechanisms
Where the Provider has established an internal grievance mechanism, details of this mechanism will be given to the User by the Provider (in the User’s preferred format) as soon as the Provider becomes aware that a dispute has arisen. The User is encouraged to utilise such a mechanism as the first method of resolving the dispute, but is not bound to do so under this agreement.
c) Independent Mediation
If the dispute is not resolved to the satisfaction of both parties according to clause 5(b) above, the parties agree to attempt to resolve the dispute with the assistance of an independent mediator. The mediator will not determine the dispute, but will assist the parties to achieve a settlement with which they are both satisfied. If the parties cannot agree on the choice of a mediator, who should be a person qualified to undertake the task of mediation, then a mediator will be nominated by the President (at that time) of the Alternative Dispute Resolution Association of Australia.
d) Mediation Procedure
The mediation will occur at a time and place arranged by the mediator and agreed by the parties. Acceptance by either party of any mediated agreement will be voluntary. If such a mediated agreement is reached, the mediator will prepare it in writing and it will be confirmed by both parties. Both parties agree to be bound by the terms of any agreement reached through mediation.
e) Arbitration
If no agreement is reached through mediation, or if the mediation agreement is breached, either party may refer the dispute to the arbitration panel for determination. Details of the current membership of the panel will be available at the offices of the Provider or of Blind Citizens Australia. This panel shall consist of three persons. The chair of the panel shall be a person with expertise in the arbitration of disputes. This person shall be appointed from time to time, for periods of up to three years, by the Australian Blindness Forum. The Provider nominee shall be appointed from time to time, for periods of up to three years, by the providers of dog guides throughout Australia who undertake to provide dog guides according to the terms of this agreement. The User nominee shall be appointed from time to time, for periods of up to three years, by Blind Citizens Australia.
f) Operation Of The Panel
The Panel shall conduct the arbitration at a time and place to be determined by the Chair, in consultation with the other panel members, and convenient to both the parties. The Chair shall determine all questions of procedure, including how the arbitration is to be conducted, and whether people will participate in person, via telephone or through any other appropriate means. The Panel will operate informally, and will determine the dispute in an efficient and timely manner, but will be bound by the rules of natural justice and procedural fairness. Decisions of the panel will be made by simple majority, and the decision of the Panel, with reasons for that decision, will be provided to the parties in their preferred formats within one month of the date of the conclusion of the hearing of the dispute.
g) Powers of the Panel
After hearing from each party to the dispute and from any other relevant person, the Panel may make a decision which, if appropriate, may include any one or more of the following:
(i) a decision that there has been a breach of the agreement by either or both parties and that the conduct in breach of the agreement should not be repeated or continued;
(ii) a decision that either the User or the Provider should perform any reasonable act or acts to redress any loss or damage suffered due to conduct in breach of this agreement
(iii) a decision that any party to the dispute should pay damages by way of compensation for any loss or damage directly flowing from the breach of this agreement.
h)_Advocates
Parties may be represented at the hearing of the dispute by an advocate who may be legally qualified. However, the Chair shall be the sole arbiter of the way in which the hearing shall proceed, and shall not allow an advocate to unnecessarily complicate the dispute by use of legalistic forms or technicalities, to unreasonably prolong the hearing, or to cause an inappropriate power imbalance between the parties.
i) Costs Of Dispute Resolution
[ To be completed ]
Signed: ___________________________
(Provider)
In the presence of: ________________________ (Witness)
Date:_______________
Signed:___________________________
(User)
In the presence of:_______________________ (Witness)
Date:______________