Specific User Limitations: The undersigned User, a resident of the Ohio Veterans Home, freely and knowingly agrees to the following stipulations when borrowing a HPV (Human Powered Vehicle, a.k.a., bicycle or tricycle) or a PPV (Personal Powered Vehicle, a.k.a., scooter or powered wheelchair) provided by either the RSCC (Road Soldiers Cycling Club) or SWOG (Scooter & Wheelchair Owners Group). The User’s signature, obtained at his/her first use initiates this contract.
Subsequent use, by signing out a HPV or PPV, continues this contract and its stipulations. Other stipulations may be adopted from time to time and all Users will be informed of those changes at those times. Signatures or initials of the Users at or after those changes will be understood to subscribe to and affirm those amendments to this original contract. The stipulations are:
1.] The User releases the Ohio Veterans Home, the RSCC and/or the SWOG from liability for injuries or damages incurred arising from the use of a borrowed HPV or PPV. The User hereby recognizes and accepts that riding an HPV, particularly a bicycle, or a PPV may prove hazardous given the minimal safety devices, inherent stability limits, and design restrictions inherent in these vehicles. The User particularly understands and accepts these risks when an HPV or PPV is used in the presence or vicinity of motor vehicles on public thoroughfares.
2.] The User agrees to follow all applicable federal, state and local laws and regulations governing the use of an HPV or PPV, and is solely responsible for conforming to all them. The User will be responsible for any citations issued for his/her failure to comply with applicable codes.
3.] The User agrees to exercise prudence and reasonable diligence in both the safe use of RSCC/SWOG property and/or vehicles, and in the diligent preservation of club property.
If, in the opinion of an elected leader of the clubs (ordinarily exercised by the club chairman, vice-chairman, Board of Trustees member/s, and/or staff liaison), a User is not using club property/vehicles in a prudent and diligent manner, the club officer/s may immediately commandeer those club assets, take possession of them, and revoke the User’s borrowing privileges under this User Contract.
If the User disputes the summary revocation of user privileges, he/she may ask for a review by the clubs’ Board of Trustees. No use of club assets will be permitted between the commandeering of them, by an officer of the clubs, and the rendering of the RSCC/SWOG Board’s decision. The decision of the Board is final.
4.] If the User refuses to surrender the clubs’ assets to the club officer, in a prompt and timely manner, at that point the User’s privileges, under this User Contract, will be considered terminated, and the assets of the clubs will be considered to be stolen from the clubs. The clubs’ executive officer/s (chairman, vice-chairman, and/or staff liaison) will press for criminal charges against the User for theft of State and club property according to applicable statutes as they may apply.
5.] Operation or use of club assets by a User in an intoxicated or impaired state is presumptive of imprudent use of club assets and a corresponding failure of the duty of reasonable diligence regarding safety and the preservation of club assets by the User. Paragraphs #3 and #4, above, shall appertain.
6.] Conviction of a User by a court of an intoxication-related offense involving the use of club assets by that User , at the time of arrest, will be considered proof of imprudence and failure of diligence. Permanent revocation of user privileges shall follow conviction by the court of record, and all club property will be surrendered immediately to the clubs. Paragraph #4, above, shall appertain.
7.] The User agrees to be financially responsible for any negligence or irresponsible use of a borrowed HPV or PPV, including theft of an unsecured vehicle. The User will reimburse the club/s for actual damages/repairs to clubs’ vehicles up to and including purchase of a new replacement vehicle in the event of total loss. The RSCC and SWOG will bear usual and customary wear and tear as well as damage caused to HPVs or PPVs from events outside of the reasonable and prudent control of the User.
8.] In the event of an accident, if there are insurance or legal findings won in accident claims or settlements by a User, the User will reimburse the clubs so that the clubs’ assets are restored and the clubs made whole.
9.] The User agrees that a payment plan will be established and adhered to at the Resident Finance Office to repay either the RSCC or SWOG for the repair of a HPV or PPV due to negligence, or irresponsible use, or theft of an unsecured vehicle, or theft by the User.
Those unwilling or unable to reimburse RSCC or SWOG will be forbidden any further use of these clubs’ vehicles or other assets or participation in club events and activities. The clubs will press for reimbursement/payment at the OVH Treasury as a bill owed to the State of Ohio related to damage to or theft of state property.
If such a debt should later be retired, the User may again borrow RSCC or SWOG vehicles with the permission of the RSCC/SWOG Board of Trustees.
10.] The User agrees that he/she will make no alterations/repairs to a borrowed HPV or PPV. Alterations or repairs not performed by club members, except under extreme circumstances, will result in the immediate termination of use privilege and the return of the clubs’ vehicle to the clubs. Paragraphs #3 and #4, above, shall appertain.
11.] The User will report mechanical problems to the appropriate RSCC or SWOG representative who will then determine and take appropriate action to assist the User in borrowing and utilizing the vehicle or providing him/her with an alternate, if one is available. At no time, as a matter of prudence and safety, will a User attempt to ride a broken or damaged HPV or PPV.
12.] The User signs out a club vehicle for the riding season, but in the event of complete fleet utilization (all units are signed out and requests for use exceed units available), use may then be limited to no more than one twenty-four (24) hour period at a time. Hoarding a HPV or PPV may result in denial of User privileges either permanently or for a period of time to be determined by the appropriate club. Only one (1) RSCC/SWOG vehicle may be borrowed at one time.
13.] In the event that a User is issued Notice of OVH Discharge, by Administration, he/she will immediately surrender any and all borrowed club vehicles, keys, or other assets to the clubs. Revocation of user privileges is concurrent with the issue of the Notice of Discharge. Paragraph #4, above, shall appertain.
Should the Notice of Discharge be rescinded or overturned, on Appeal, user privileges may be restored to the User - at the discretion of the RSCC/SWOG Board of Trustees.
14.] Extended use of a RSCC/SWOG scooter or power chair is prohibited except for active, current club members. Among these active, current members, as defined by the clubs’ annual review, extended use of a club PPV shall be allowed only if the following conditions are met:
a.] The member shall already own and possess a PPV, and shall have a current and signed User Contract on file with the clubs;
b.] The PPV of the member shall be in disrepair, malfunctioning, and therefore unsafe and/or unusable;
c.] The members shall have called a repair shop or service, prior to borrowing a club PPV, and has an established date for a service technician to work on the malfunctioning PPV to restore it to use;
d.] The technician will service the defective member-owned PPV either at the Home or at a repair facility and restore it to use in a timely manner.
e.] If the member-owned PPV is irreparable, the active member must enter into a contract to purchase a new vehicle in a timely manner – usually understood to be within one (1) week of the determination of irreparability;
f.] The member will surrender the Fleet PPV to the club upon completion of the repairs to a defective, but repairable unit, or upon the receipt of a new, replacement PPV. This shall be done on the day that the member’s PPV is repaired or replaced by a new unit at the scheduled appointment date and time;
g.] The Sign Out/Sign In Sheets will be completed as required for the use of any fleet vehicle.
h.] Failure to follow these provisions will result in the loss of borrower privileges and the immediate surrender of the borrowed PPV to the club’s control.
15.] The use of a RSCC or SWOG vehicle will ordinarily be granted on a first-come-first-served basis as the sole criteria for use. However, prevailing weight shall be given to active members of RSCC or SWOG when settling competing requestsfor the use of a HPV or PPV. Heavier prevailing weight shall be given if a HPV or PPV is to be borrowed to participate in an official, scheduled RSCC/SWOG Ride. Heaviest weight will be given to a member borrowing an HPV or PPV to participate in an official, scheduled RSCC/SWOG Ride.
16.] The use of a SWOG PPV inside of Veterans Hall, Giffin and Secrest Nursing Home buildings or other OVH buildings requires the prior authorization, under existing protocols, by the Medical Director, for the User to operate a PPV. The use of a SWOG PPV will ordinarily be limited, within OVH buildings, therefore, to those Users who already have, own, or use PPVs and have the authorization to do so.
17.] The use of a SWOG PPV outside of Veterans Hall, Giffin and Secrest Nursing Home buildings or other OVH buildings may be extended beyond those Home residents with prior authorization for PPV use to those who have existing medical problems that significantly limit their mobility. Ordinarily, this will be limited to persons who are currently using human-powered wheelchairs, walkers, and/or who have significant respiratory impairment who wish to avail themselves of the greater range of a PPV for their recreational or personal needs but who are not presently authorized to use PPVs in the buildings of the OVH. In no case, will able-bodied persons use a SWOG PPV.
18.] The User Contract and the derivative privilege of the use of club vehicles, keys, and other assets is terminated with the expiration of OVH Membership. All club vehicles and assets are to be surrendered to the club at the cessation of OVH membership. Paragraph #4, above, appertains.
19.] Official Volunteers to the RSCC/SWOG may use club vehicles and assets in conjunction with their active service as volunteers. They shall become signatories to RSCC/SWOG User Contracts.At such times as an official volunteer ceases active work for and with the clubs, his/her User privileges immediately cease. Paragraph #4, above, appertains.
Specific User Limitations:
User’s Signature:………………………………………………………………….
Initial Contract Signature Date: …../…../………
RSCC/SWOG Representative Signature:………………………………………