Weeping Tree Kennels Program Service Dog Contract

SERVICE DOG TRANSFER AND USER AGREEMENT
Weeping Tree Kennels (W.T.K)

This Service Dog Transfer and User Agreement ("Agreement") is made this ___ day of _________, ________, by and between Weeping Tree Kennels (W.T.K), and
____________________________ ("User" or "Handler").

1. Purpose and Background

This Service Dog user Contract acknowledges that Weeping Tree Kennels (W.T.K) has provided “Service Dog User” with a course of instructions according to the applicable rules and regulations of the State of Iowa in the use of a Service Dog and has delivered into the Service Dog described as the following: This dog is trained with the intention of him/her to be used as a service dog. The conditions of the transfer provide each party agree to the following:

2. Duties and Responsibilities of Ownership
The User agrees to assume full legal ownership and responsibility for the care and maintenance of the Service Dog, including but not limited to:

• Providing a nutritious and appropriate diet;
• Ensuring regular and emergency veterinary care;
• Providing safe, clean shelter;
• Maintaining physical and mental stimulation;
• Following guidance provided by W.T.K regarding appropriate use and care.
• The User assumes all risks, liabilities, costs, and obligations related to ownership and daily care.

3. No Legal Partnership
Nothing in this Agreement shall be construed to create a legal partnership, agency, joint venture, or employment relationship between the User and W.T.K. Each party remains solely responsible for their own actions and obligations.

4. Support for Active Teams
While the User and Service Dog remain an active working team in good standing, the User may access services provided by W.T.K as approved by its Board of Directors. These may include:

• Ongoing training support
• Re-certification opportunities
• Educational resources
• Eligibility for these services requires compliance with training, care, and behavioral standards set by W.T.K.

5. Indemnity and Legal Release
The User agrees to indemnify, defend, and hold harmless W.T.K, its employees, officers, directors, affiliates, representatives, and successors from and against any and all claims, damages, liabilities, and legal actions arising out of or related to the ownership, handling, or use of the Service Dog following the date of this Agreement.

 

6. No Warranties or Guarantees
The User understands and accepts the following:

W.T.K makes no warranties, express or implied, regarding the Dog’s future performance, health, or behavior.
The Service Dog is not a medical device and is not a substitute for professional medical care.
The Service Dog is an animal and cannot be expected to perform with 100% accuracy at all times.

7. Notifications Required
The User agrees to notify W.T.K immediately in writing if any of the following occur:

• Change of User’s residence or contact information;
• Major illness, injury, or death of the Service Dog;
• Noticeable or sudden behavioral or physical change in the Service Dog;
• Any accident involving the Dog causing injury or property damage;
• Plans to retire the Service Dog.

8. Ownership and Use of W.T.K Identification Jacket
The W.T.K service jacket (vest) is a symbol of certification and authorization and remains the property of W.T.K. The jacket must be returned upon:

• The death or retirement of the Service Dog;
• Suspension or termination of Good Standing status;

Violation of this Agreement.
To retain use of the jacket, the User must:

• Complete at least 8 hours of approved service dog training per year;
• Pass a Public Access Test with a W.T.K-approved trainer.

Use of the jacket without meeting these requirements will void certification and may lead to retrieval by W.T.K. Reinstatement may be considered by W.T.K’s Board of Directors.

9. Use of Gear and Public Equipment Standards
The User agrees to abide by gear and safety guidelines, including:

• Use of the W.T.K jacket or clearly labeled service dog gear in public settings;
• Pre-approval of mobility gear (e.g., harnesses, counterbalance gear) by W.T.K;
• Pre-approval of training tools (e.g., prong collar, ecollar) by W.T.K;
• Use of a leash unless the User’s disability or tasks specifically prevent it (in line with ADA 2017);  If the above is true and User chooses to work Dog off leash, W.T.K has no legal binding to the training, usage, and results of an off leash Service Dog. 
• Use of dog boots or paw protection when: Temperatures exceed 80°F or drop below 20°F; Using escalators or hazardous surfaces.

Failure to adhere to these safety protocols may result in W.T.K retrieving the Dog or pursuing legal action. Boots are not provided but must be acquired by the User.

10. Use of Pet-Safe Dye
W.T.K permits limited and safe dyeing of the Service Dog using Opawz Pet-Safe Dye only. Approved areas include:

• Ears
• Tail
• Paws

Handlers must:

• Perform a skin sensitivity test prior to use;
• Notify W.T.K of dyed areas for recordkeeping;
• Follow all label instructions for safety.

 

11. Right of First Refusal and Repossession Clause
Right of First Refusal:
If the User is no longer able or willing to care for the Service Dog, they must immediately notify W.T.K. The Dog may not be rehomed, sold, or transferred without W.T.K’s written consent.

Repossession:
W.T.K retains the right to reclaim the Dog if:

• The Dog is being abused, neglected, or improperly cared for;
• The Dog is no longer being used for its trained service purpose;
• The User violates follow-up training or wellness protocols;
• Conditions are unsafe or the User is in breach of contract. 

The Dog must be returned within 7 days of written notice, or immediately if safety is at risk. No refund or compensation is owed in these cases.

12. Dispute Resolution
In the event of a dispute regarding this Agreement, the User agrees to:

• First seek informal resolution with W.T.K.
• If unresolved, submit an appeal to the W.T.K Board of Directors.
• If still unresolved, agree to binding arbitration under Iowa Code Sections 36.600 – 36.740.
  A copy of this statute is available upon request.

13. Refund and Deposit Policy
The initial deposit paid by the User to reserve or begin training on the Service Dog is non-refundable under any circumstances.
If the Service Dog has been placed in the User’s care for more than sixty (60) calendar days, no refunds will be issued, regardless of the reason for return or relinquishment.
In the event the Service Dog is returned within sixty (60) days of placement and all terms of this Agreement were followed, a partial refund may be considered at the sole discretion of W.T.K’s Board of Directors. Such consideration will be based on the condition of the dog, expenses incurred, and training time invested.
Refunds will not be granted in any situation involving neglect, breach of contract, or behavioral issues caused by improper handling or lack of continued training.

14. User Responsibilities
By entering into this Agreement, the User agrees to:

• Provide the Dog with humane care, nutrition, and shelter;
• Keep the Dog in healthy physical condition, including appropriate weight;
• Ensure annual veterinary exams and all necessary medical care;
• Not sell, transfer, or allow others to use the Dog for tasking;
• Not allow others to wear or misuse the Service Dog jacket;
• Avoid any use of the Dog that endangers its safety or that of the public;
• Represent W.T.K and the Service Dog respectfully and responsibly in all settings.

15. Entire Agreement
This Agreement constitutes the entire understanding between W.T.K and the User. No verbal or written statement not contained herein shall modify or invalidate this Agreement unless in writing and signed by both parties.

By signing this, User is agreeing to all sections and functions of Contract and Agreements. Users must read, sign, and return printed copy (if possible) to a W.T.K representative before formally being placed with Service Dog. Users must read, sign, and return printed copy (if possible) to a W.T.K representative within 30 days of receiving a placement option.