When did the WDA Change Their Name? - Page 3

Hexe:

Let me get this right. Please understand, I am not an attorney and as such I am not trained in the art of pointless giberesh, disceptive legalese or written disception. With that understood, am I understanding your previous post to say that Mr. Yee knowingly signed a contract as President of an organization that does not really exist.

 

Here is the rough translation. Rough meaning it is an accurate translation but might not be in "legal terms" since I am not a lawyer.  And by the way, paragraph 6) is very weird, in legal terms and in general. And no, I did not by accident use "independently" twice, they did. Also, remember that agreement is with the WUSV, not with the SV. A fine but IMO significant difference.  The person that did this translation has worked as a professional translator for 28 years, so this is a pretty good translation.
 
Look closely at point #1 and #6.  I believe that there is a relationship between the two points and also with the listed name of the WDA not being correct.


Agreement of Cooperation between WUSV and WDA

Goal of this agreement is the implementation of the agreement between GSDCA and WDA from July 2012 in regards to the relationship of he aforementioned clubs with the WUSV.

Agreement

1) In July 2012, the GSDCA and the WDA came to an agreement which pertains to the welfare of the German Shepherd Dog in the U.S.A.. With this agreement, the WDA received the right from the GSDCA to directly contact the WUSV relating these matters.

2) The WUSV will cooperate with the WDA to ensure the above mentioned goal, especially the welfare of the German Shepherd Dog in the U.S.A..

3) In this context, the WUSV accepts and recognizes the WDA as authorized partner organization.

4) The implementation of this agreement relates to specified areas of business, especially

- Breed Survey System

- all health related programs, already existing as well as future ones (including hip and elbow exams)

- all special events for German Shepherd Dogs (including the training and recognition of judges and breed surveyors for all local, national, and international conformation shows, trials, and competitions, and the complete breeding oversight)

- Application of individual registrations of German Shepherd Dogs.

5) This agreement of cooperation takes effect with the signing of both contracting parties. It can be cancelled by all contracting parties with a 6 month termination notice.

6) The parties agree that in case that part of the afore mentioned regulations is invalid or will become invalid, both parties will work independently to reach the agreed upon goal independently of the whole or partially valid agreement.

Number 6 is really interesting. As I interpret it, the WDA is being acknowledged by the WUSV through the 2012 GSDCA agreement which is being contested in court. Number 6 makes this WUSV/WDA agreement effective no matter what the court decides. Either way the WDA will have access to the WUSV.

Since the WDA agreement is referenced as the connecting link, one would almost need to conclude the agreement is between the WUSV and WDA. It's sloppy, but that's been the WDA's way of doing things for awhile. Most recent being the last minute rule change this year and the scorebook issue where USCA had to clean it up. It is interesting that a document was literally signed by the President of an organization that does not exist and does not have a signed agreement with the WUSV. The words null and void seem appropriate.

Interesting also that USCA and the GSDCA are silent. USCA seems content to have the WDA undermine their license and I guess the GSDCA is not reinforcing their position to the WUSV that they are the licensed affiliate and the WUSV has no agreement or other connection to the WDA to tie them together, only the GSDCA has the agreement with the WDA.

Richard, as I have no affiliation with any of the organizations involved in this little tableau, I certainly cannot say if an organization named the "German Shepherd Dog - Working Club of America Dog Association (WDA)" exists or not. However, just because no one appears to have heard of it prior to seeing it named on the agreement signed by the WUSV and Dan Yee does not negate the possibility that such a group has been created, and it is equally possible that Yee holds the office of president for said group. I have no way of knowing that information.

That said, Richard, yes: I submit that Dan Yee knowingly put his signature on a document that memorializes an agreement between the WUSV and an organization identified as the German Shepherd Dog - Working Club of America Dog Association (WDA), instead of the agreement being between the German Shepherd Dog Club of America - Working Dog Association (GSDCA-WDA) , representing himself as president of the former organization, not of the latter. One must give credit where credit is due, and see no reason to insult Yee's intelligence and surmise that his reading comprehension and word recognition skills are lacking. He knew what the document said, and he knew what he was signing...and the significance of both.

It is quite telling that beyond the first paragraph of the document and point #1, there is no further mention of the German Shepherd Dog Club of America or the GSDCA in this agreement. Equally as telling is that nowhere in this document is there any mention of the German Shepherd Dog Club of America - Working Dog Association, or of the GSDCA-WDA.  The GSDCA is referenced, and the WDA is referenced, and that is exactly HOW they are referenced--as two completely distinct entities. THAT is no oversight, error or carelessness--there is clearly intent in the selection of terminology.

Dog1, regarding your musing, "...one would almost need to conclude the agreement is between the WUSV and WDA", as I read it, I find no equivocation about it. This document represents an agreement DIRECTLY between the German Shepherd Dog - Working Club of America Dog Association and the WUSV, seperately and completely apart from any agreement between the WUSV and the German Shepherd Dog Club of America AND the German Shepherd Dog Club of America - Working Dog Association. This agreement, in effect, establishes a new affiliation of the WUSV with the newly identified group from the United States of America, that will be known to the latter as the WDA and whose president is identified as Dan Yee, as it defines the July 2012 agreement as having been created between two distinct organizations, as opposed to being a delegation of authority by a parent organization to a sub-division of that parent organization.

Also of interest are the third and fourth items listed in point #4, which confers the WUSV's acceptance and acknowledgement of , "... the complete breeding oversight" for German Shepherd Dogs, as well as that group's recognition of breed registration of individual dogs by this newly identified version of the WDA--suggesting the latter organization intends to conduct registration of individual German Shepherd Dogs, in the same way USCA provides a registration service for individual dogs belonging to its membership...or perhaps even attempt to go further, and try to eliminate the need for an AKC registration by obtaining international recognition of a WDA-issued registration for GSDs. 

I'll bet George R.R. Martin could draft a fine outline for the next volume in his "A Song of Ice and Fire" series by observing the machinations involved in this saga.

 

 

 

 

" Agreement of Cooperation between WUSV and WDA" - this is not correct, it says "between WUSV and "German Shepherd Dog - Working Club of America Dog Association" ( WDA) - and I still think it´s a simple mistake, no new club...

Glad to read you understood # 6 now, the most important part of this document.

#5 is very important as well.  It creates a contract in perpetuity (never ending).  It talks ALL parties to end the contract.  One side can't end it, both have to.

I certainly cannot say if an organization named the "German Shepherd Dog - Working Club of America Dog Association (WDA)" exists or not. However, just because no one appears to have heard of it prior to seeing it named on the agreement signed by the WUSV and Dan Yee does not negate the possibility that such a group has been created, and it is equally possible that Yee holds the office of president for said group.

-hexe

I agree with this point.  I also think there is a very strong possibility that this new organization is a "for-profit", otherwise the name change would already be showing up on the various non-profit/990 databases under the EIN #25-1620274, tied to the name "GERMAN SHEPHERD DOG CLUB OF AMERICA - WORKING DOG ASSOCIATION" NOT the "German Shepherd Dog - Working Club of America Dog Association".  Also note, no new, non-profit EIN, exists under the name "German Shepherd Dog - Working Club of America Dog Association".  That new non-profit corp and EIN would need to be in place already, especially if one is signing legal documents or those that could be used as evidence in court later.

Also of interest are the third and fourth items listed in point #4, which confers the WUSV's acceptance and acknowledgement of , "... the complete breeding oversight" for German Shepherd Dogs, as well as that group's recognition of breed registration of individual dogs by this newly identified version of the WDA--suggesting the latter organization intends to conduct registration of individual German Shepherd Dogs, in the same way USCA provides a registration service for individual dogs belonging to its membership...or perhaps even attempt to go further, and try to eliminate the need for an AKC registration by obtaining international recognition of a WDA-issued registration for GSDs. 

-hexe

I don't believe this will entirely be the case.  For example, German Shepherds in Guatemala can be registered under the Asociacion Guatemalteca Del Pastor Aleman, which has a direct contract with the WUSV also.  The registry numbers for those dogs, in Guatemala, start with AGPA ####.  These numbers do not supersede or replace an AKC or SZ number, but they do coexist, allow cross registration with other SV or WUSV breed clubs stud books, and at the same time are FCI compliant (which are required to be accpeted by the AKC per a previous signed FCI agreement).  Here is a sample dog pedigree with an AGPA number, but note some of the dogs in this line have AKC numbers and others have POA and SZ numbers:

https://www.pedigreedatabase.com/german_shepherd_dog/dog.html?id=680167-athena-de-la-rivera-azul

I believe what we could see in the future is an FCI compliant breed registry, within the United States, for German Shepherds, which will have registry numbers WDA ####.  Which the SV and AKC will have to accept, when issuing pedigrees for offspring from these future WDA #### registered dogs.  Basically a WDA #### pedigree will be just as good as an SV or AKC pedigree.  Make note, this precedent already exists in Central and South America with the countries Argentina, Brazil, Chile, Columbia, Ecuador, Paraguay, Peru, Trinidad und Tobago, Uruguay, whom are all issuing different registry numbers and pedigrees, other than SV or AKC, that at the same time are FCI and SV compliant.

Dog1, regarding your musing, "...one would almost need to conclude the agreement is between the WUSV and WDA", as I read it, I find no equivocation about it. This document represents an agreement DIRECTLY between the German Shepherd Dog - Working Club of America Dog Association and the WUSV, seperately and completely apart from any agreement between the WUSV and the German Shepherd Dog Club of America AND the German Shepherd Dog Club of America - Working Dog Association. This agreement, in effect, establishes a new affiliation of the WUSV with the newly identified group from the United States of America, that will be known to the latter as the WDA and whose president is identified as Dan Yee, as it defines the July 2012 agreement as having been created between two distinct organizations, as opposed to being a delegation of authority by a parent organization to a sub-division of that parent organization.

-hexe

In fact, we could be witnessing the start of a fully FCI compliant breed club in the USA, and not just another make-shift "recognition" agreement, in the vein of those held by the AWDF and the AKC with FCI

BZCZ, #5 isn´t translated well - the contract can be ended by ONE party ( after cancelling by one party the contract will end 6 months later ).

It´s difficult to translate for me, hope you get the general idea.

I don´t understand why there is no official correct translation, or does Mr Yee speak German fluently?

Dog1: "Number 6 is really interesting. As I interpret it, the WDA is being acknowledged by the WUSV through the 2012 GSDCA agreement which is being contested in court. Number 6 makes this WUSV/WDA agreement effective no matter what the court decides. Either way the WDA will have access to the WUSV. "

This isn´t correct, too. The German text says, that in case anything of the above ( #1 - #5 ) changes, the envolved parties ( WUSV and WDA ) will TRY to reach their goals. It doesn´t say "for sure"