WDA no longer is to be affiliated with GSDCA - Page 2

This is the "Agreement" version officially on file with the SV reported in the Minutes (above) by GSDCA President Walker, signed by both GSDCA President Walker and WDA President Spreitler (although no signed copy from President's Walker's files was available.  Then WDA Secretary, Yee, testified that this was the valid version on file with the SV.)  More fact-checking needed.

 

AGREEMENT BETWEEN

GERMAN SHEPHERD DOG CLUB OF AMERICA, INC.

AND

GERMAN SHEPHERD DOG CLUB OF AMERICA – WORKING DOG ASSOCIATION, INC.

 

This Agreement is entered into by and between the German Shepherd Dog Club of America, Inc. (“GSDCA”) and the German Shepherd Dog Club of America-Working Dog Association, Inc. (“WDA”) on the 29^th of June 2009.

 

AGREEMENT

 

1. The following four individuals are hereby authorized to conduct communications directly with the Verein Fur Deutsche Schaferhunde (SV) E.V. (hereinafter the “SV/WUSV”) with regard to “all business” related to the SV/WUSV and the WDA.  The term “all business” shall include, without limitation, the handling and processing of (a) Breed Surveys; (b) all health related programs now in existence or to be established in the future (including hip and elbow certifications); all German Shepherd Dog events (including the approval and release of Judges and Kormeisters for all local, regional, national and international conformation shows, performance trials and breed surveys); and, (d) Breed Registrations.  The terms “communicate”, “communication” or “communications” shall include, without limitation, all verbal, written, photographic, radiographic, electronic or other exchange of information, whether transmitted or delivered by postal service, courier, telecopier, electronic or other means.  SV/WUSV:

    

    a.    Dr. David Landau, WUSV/GSDCA Liaison

        115 Deerfield Road

        Bogart, GA 30622

        1-706-353-8554 (Telephone)

        dlandau@hal.physast.uga.edu (email)

 

    b.      Tish Walker, Vice President

        German Shepherd Dog Club of America, Inc.

        10407 Springwood Drive

        Spotsylvania, VA 22553

        1-540-785-9292 (Telephone)

        TISHW@aol.com (email)

    

    c.      Daniel J. Yee, Secretary

        German Shepherd Dog Club of America-Working Dog Association, Inc.

        732 Lindley Boulevard

        De Land, FL 32724

        1-213-610-0188 (Telephone)

        1-626-608-5723 (FAX)

        djy@webuniverse.net (email)

Agreement between GSDCA and WDA

Dated June 29, 2009, Page 2

 

    d.    Joy Schultz, WDA Office Administrator

        German Shepherd Dog Club of America-Working Dog Association, Inc.

        732 Lindley Boulevard

        De Land, FL 32724

        1-386-736-2486 (Telephone)

        1-386-738-4741 (FAX)

        wdaoffice@cfl.rr.com (email)

 

    The  four  individuals  named  above  shall be  the only  individuals  authorized  to 

    communicate with the SV/WUSV and each of them shall be copied on all     communications.

 

2.      No modification of this Agreement or any part thereof shall be valid or binding upon the parties hereto unless it is in writing and is signed by each of the parties.

 

3.    This Agreement shall be effective on June 29, 2009 and continue in full force and effect through and including December 31, 2012.  

 

4.      This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, discussions, representations and/or negotiations.

 

5.      Each party to this Agreement acknowledges and agrees that it has cooperated in the preparation of this Agreement and, in interpreting the Agreement, it shall not be interpreted in favor of or against any of the parties.

 

6.      The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.

 

7.      Each party to this Agreement hereby represents and warrants to the other that the person executing this Agreement on its behalf has full authority and power to execute and enter into this Agreement for the respective party and, upon execution of this Agreement, it shall be binding and enforceable according to its terms. 

 

8.     Each of the parties shall cooperate and execute any additional documents that are or may be necessary to effectuate the terms and conditions of this Agreement. 

Agreement between GSDCA and WDA

Dated June 29, 2009, Page 3

 

9.    This Agreement is executed in duplicate.  It may be executed in one or more counterparts, each of which shall be considered an original, but all of which together shall constitute one and the same instrument. 

 

Dated June 29, 2009

 

GERMAN SHEPHERD DOG CLUB OF AMERICA, INC.

 

 

 

By: ___________________________

 

Title: __________________________

 

 

GERMAN SHEPHERD DOG CLUB OF AMERICA-WORKING DOG ASSOCIATION, INC.

 

 

 

By: ____________________________

 

Title: ___________________________

Going to be interesting but I wouldn't be jumping ship just yet.  Call it luck or foresight, but Dan Yee has a letter from the WUSV recognizing WDA as a WUSV member organization.  This letter was written to USCA to inform them of what the WUSV expected from USCA in its treatment of WDA members.  That letter makes the GSDCA agreement unnecessary as regards WDA members standing with the WUSV. 

How this plays out for the joint qualifier is yet to be seen as I believe that agreement was with USCA and GSDCA.  Not sure it really matters though be cause I believe that any discord between USCA and WDA will have the WUSV stepping back in and clarifying it again.

I believe that the WUSV has already demonstrated that they are not going to pick sides and that they want both orgs to cooperate with each other.

Of course the ghouls on here are rubbing their hands together in .anticipation of WDA's demise.  I'm old enough that I've heard all this before.  

I'll just wait and train my dog and see how this all settles out over time.

Matt

The GSDCA - WDA Agreement posted above makes interesting

reading  (although it seems odd for such an Agreement to name

individual persons, rather than Offices, - what happens if one of

the four individuals walks under a bus ?).  However, I note that it

specifically ran from 2009  to the end of 2012.   What happened

to the Agreement  when it ran out, over a year ago ?   Don't remember

anyone factoring that point into the discussions on here for the past

year or so - unless, not being a member, I missed some subtle reference

to it ?

There is a later version, that says exactly the same thing.

Thanks Mystere;  I assume it doesn't say EXACTLY the same,

but runs from 1.1.13 ?   Until when ?  Would that date have any

bearing on the new issue of splitting the two ?

LOL.

This "agreement" has always been about who is allowed to communicate with the WUSV.  And it clearly states the four individuals and that everybody will receive a copy of all communication. 

That's it in a nutshell. Nothing really earthshattering.

GSDCA has now alleged that WDA breached their duties as outlined in the contract (no copies of communication) and is exercising their right to terminate the contract for the breach.  WDA denies any breach of contract.

GSDCA has their lawyer involved,  Dan Yee is a Municipal Court Judge and I bet if he doesn't have a lawyer already, he will soon.  I'm sure WDA's legal counsel will weigh in as well.

This will take a while to resolve,  It will have to go to Court for a Court of Competent Jurisdiction (where ever that may be) to decide the merits of the case.

The WUSV has already stated that they want the GSD organizations to quit fighting and to work together.  Doesn't seem to be happening here, but I am willing to bet that the WUSV is not changing it's position that a person with a WDA scorebook is considered to be a member of a WUSV organization.

More stupid infighting between organizations that takes up time and resources and does NOTHING to benefit our dogs.

I'm not wasting any more of my time on this nonsense.

I'm going out to play with my kids and train my dogs. That's time well spent!

Matt