By signing, I agree to indemnify and hold harmless Desert Medical Equipment (DME) / Location from and against any and all liability, loss, damage, expense (including legal expense), cause of action, suits, claims or judgments arising from injury or death of persons or damage to property, of any nature whatsoever, resulting from the actual or alleged presence, use, or operation of the equipment, provided such injury, death or property damage is not attributable to the negligence of DME.
DME owns the equipment and I agree to not give or transfer possession of the equipment to anyone else. The equipment must be returned to where it was received. If the equipment is lost or stolen, I authorize DME to charge $1,600.00 for the replacement cost of a scooter and $375.00 for a wheelchair. I understand that the weight capacity of the equipment is 400 lbs (Avenger 500 lbs) and I am within that limit. I have been instructed on the use of the equipment and am capable of operating it safely. I understand the Location staff and DME are available 24/7 should I have any questions. I authorize DME to debit my credit card in the amount shown below and in this form. This agreement contains the entire understanding of the parties. This agreement is governed by Nevada law.
Desert Medical Equipment (DME) Rules and Checklists for Safe Usage of a scooter.
- GETTING ON AND OFF YOUR SCOOTER: 1. Make certain that the key is removed from the key switch. WARNING! Never attempt to get onto or off of your scooter without first removing the key from the key switch. This will prevent the scooter from moving if accidental throttle control lever contact is made. 2. Stand at the side of your scooter. 3. Disengage the seat rotation lever and rotate the seat until it is facing you. 4. Make certain that the seat is fixed securely in position. 5. Position yourself comfortably and securely in the seat. 6. Disengage the seat rotation lever and rotate the seat until you are facing forward. 7. Make certain that the seat is fixed securely in position. 8. Make certain that your feet are safely on the floorboard.
- Operation of Scooter: Keep both hands on the tiller and your feet on the floorboard at all times while operating your scooter. This driving position gives you the most control over your vehicle. Set the speed adjustment dial to your desired speed. Push or pull the appropriate side of the throttle control lever. The electromechanical disc park brake automatically disengages and the scooter accelerates smoothly to the speed you pre-selected with the speed adjustment dial. Pull on the left hand grip to steer your scooter to the left. Pull on the right hand grip to steer your scooter to the right. Move the tiller to the center position to drive straight ahead.
- No standing while riding
- Release throttle lever to stop
- CHARGING YOUR SCOOTER: 1. Position the front of your scooter close to a standard electrical outlet. 2. Remove the key from the key switch. 3. Make sure that the manual freewheel lever is in the drive position. 4. Plug the 3-pin charger power cord into the offboard charger port. See figures 5 and 10. 5. Extend the charger power cord and plug it into the electrical outlet. We recommend that you charge the batteries for 8 to 14 hours. 6. When the batteries are fully charged, unplug the charger power cord from the electrical
- NO U-turns on hills and ramps
- Show courtesy and yield to pedestrians
- No speeding. Not to exceed speed setting of 3
- Do not allow passengers
- Do not operate while using mobile devices
- Do not operate your scooter while you are under the influence of alcohol, as this may impair your ability to drive safely
- Do not leave equipment unattended. The keys to the scooters are all the same. Removing the key does not prevent theft.
- No driving while intoxicated or otherwise impaired
- GETTING OFF OF YOUR SCOOTER 1. Bring your scooter to a complete stop. 2. Power down your scooter and remove the key from the key switch. 3. Disengage the seat rotation lever and rotate the seat until you are facing toward the side of your scooter. 4. Make certain that the seat is fixed securely in position. 5. Carefully and safely get out of the seat and stand to the side of your scooter. 6. You can leave the seat facing to the side to facilitate boarding your scooter next time.
- Failure to comply with these rules and misuse of the equipment will result in termination of equipment usage without a refund of the rental fee.
- All scooters not returned within the rental time frame will be reported to police as stolen.
- Abandoned scooters will be reported stolen to the Las Vegas Metropolitan Police Department (LVMPD) and customer information will be provided to the authorities.
- Las Vegas Metro Police Department monitors the use of people using mobility scooters and will cite individuals for violations of NRS 14.42.035.
- Customer is responsible for all damages with the exception of normal wear and tear. Customer will be charged for damages which includes cost of parts and labor.
- Customer understands that hotel security has the right to terminate a customers rental agreement for misuse of the equipment (i.e. speeding, causing hotel damage, driving erratically). No refund will be given for early termination due to misuse.
- A copy of each renters Drivers License / Identification card will be kept on file.
SMS MESSAGING - By agreeing to these terms, you agree to receive SMS messages from Desert Medical Equipment “DME” that pertain to your rental. I understand I can opt out by notifying DME in writing, verbally or by SMS message. I also understand that DME does not send marketing SMS messages and that if received, they will pertain to my order.
SCOOTER RENTAL PERIOD IS 24 HOURS FROM THE TIME THE SCOOTER IS PICKED UP. ANYTHING OVER THE 24 HR RENTAL WILL RESULT IN AN EXTRA DAY CHARGE. NO REFUNDS WILL BE GIVEN FOR EARLY RETURNS. CANCELLATION IS REQUIRED 48 HOURS PRIOR TO RESERVATION.
The scooter/wheelchair is a single person chair only. Please drive carefully.
In consideration of being permitted to rent a wheelchair or electric scooter (hereinafter the "Equipment') from Desert Medical Equipment, Inc. ("DME") through your hotel ("Hotel"), the undersigned for him/herself, their personal representatives, heirs, assigns and next of kin acknowledge, agree, and represent the following:
1. THE UNDERSIGNED UNDERSTANDS THAT THE EQUIPMENT PROVIDED IS INTENDED FOR USE BY PERSON WHO HAVE MOBILITY IMPAIRMENTS DUE TO DISABILITY, INJURY OR OTHER HEALTH REASONS. MANAGEMENT RESERVES THE RIGHT TO REQUEST CREDIBLE ASSURANCE FROM THE UNDERSIGNED THAT HE OR SHE HAS A MOBILITY IMPAIRMENT BEFORE ALLOWING THE UNDERSIGNED TO RENT A WHEELCHAIR OR SCOOTER. THE UNDERSIGNED ACKNOWLEDGES THAT HOTEL HAS NO OWNERSHIP INTEREST IN THE EQUIPMENT AND THAT THE EQUIPMENT IS MADE AVAILABLE TO HIM/HER ON BEHALF OF DESERT MEDICAL EQUIPMENT, INC., WHO IS THE OWNER OF THE EQUIPMENT.
2. THE UNDERSIGNED AGREES TO ABIDE BY THE FOLLOWING RULES: (l) FOLLOW THE SPEED LIMITS SET FORTH IN THE DME RENTAL AGREEMENT, WHICH SHOULD NOT EXCEED A SPEED SETTING OF "3", AND DO NOT SET THE SPEED SETTING AT MORE THAN HALF OF THE MAXIMUM SPEED ON THE CONTROL KNOB WHILE INDOORS (II) DO NOT ALLOW PASSENGERS ON THE EQUIPMENT, (III) DO NOT OPERATE THE EQUIPMENT WHILE INTOXICATED, USING ANY MOBILE DEVICES, OR WHILE TAKING MEDICATION THAT MAY IMPAIR THE UNDERSIGNED'S ABILITY TO OPERATE THE EQUIPMENT, AND (IV) YIELD TO PEDESTRIANS AND OPERATE THE EQUIPMENT IN A REASONABLE MANNER WITHOUT THREAT TO THE GENERAL PUBLIC. FAILURE TO COMPLY WITH THESE RULES WILL RESULT IN TERMINATION OF THE UNDERSIGNED'S USE OF THE EQUIPMENT WITHOUT A REFUND OF THE RENTAL FEE.
3. The undersigned acknowledges that s/he has been advised that the use of the Equipment requires motor skills and hereby represents and warrants that s/he is of sufficient physical strength and health to use the Equipment and is not under any doctor's/medical care or limitations which restrict or prohibit the use of the Equipment.
4. The undersigned acknowledges use of the Equipment can be dangerous and may involve the risk of serious injury or death.
5. Before accepting possession, the undersigned will inspect the Equipment to determine their safety and will immediately advise Hotel staff if s/he feels the Equipment is unsafe and will refuse to take possession of the Equipment.
6. The undersigned hereby releases, waives, discharges, and covenants not to sue for any and all purposes Hotel , its parent, affiliates and subsidiaries and each of their respective officers, directors, employees, representatives, and insurers (collectively, the "Released Parties") in connection with his/her rental and use of the Equipment. The undersigned further agrees to indemnify, defend and hold harmless the Released Parties from any and all liability, claims, injuries, damages, losses or suits including attorneys' fees arising out of or related to the rental and use of the Equipment, whether caused by the undersigned, the Released Parties, or otherwise.
7. The undersigned agrees that this Release extends to any and all acts of the Released Parties related to the rental and use of the Equipment, and is intended to be as broad and inclusive a release as is permitted by the laws of the State of Nevada. If any provision of this Release is held to be invalid, such provision shall be revised to the extent necessary to cure the invalidity, and the remainder of the Release shall continue in full force and effect.
8. This Release shall be governed by and construed in accordance with the laws of the State of Nevada. Any legal action arising out of or in connection with this Release will be brought exclusively in the courts of Clark County, Nevada. If any action should arise as the result of a dispute under this Release, the prevailing party shall be entitled to recovery of reasonable attorneys' fees expended in defending such action.
I have read this Release and fully understand its terms, and understand that I have given up substantial rights by signing it, and have signed it freely and voluntarily without any representation, warranty, inducement, assurance, or guarantee being made to me by the Released Parties, and intend by my signature to be a complete and unconditional release of liability to the greatest extent allowed by law. I understand that but for my representations and warranties contained herein, I would not be permitted to rent and use the Equipment.
By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I further agree that I will not dispute the charge in accordance with this agreement as I authorize my electronic signature to be valid. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this agreement, I 1) acknowledge that I have read and fully understand the terms of the agreement; 2) voluntarily agree to be bound by this agreement; and 3) certify that I am 18 years of age or older. My signature applies to all pages of this contract. I understand that I will receive a Portable Document Format (PDF) version of this agreement after it is signed at the email address I have provided. To view the PDF document, I understand that I will need software that enables me to receive and access PDF files such as Adobe Reader software or other software capable of reading a PDF file. In order to print and retain a hard copy of this agreement, I understand that I will also need a printer connected to my computer. I understand that if I wish to sign a hard copy of this agreement instead of an electronic version, I must contact the party that requires my signature on this agreement directly. By signing this agreement, I acknowledge that my identification card / drivers license / passport has been verified that I am the credit card holder and authorized to present the credit card for processing.
BY SIGNING THIS DOCUMENT, I UNDERSTAND THAT I CANNOT LEAVE THE SCOOTER UNATTENDED AND THAT THE KEYS ARE ALL THE SAME. I AGREE TO BE CHARGED THE REPLACEMENT COST OF A SCOOTER, IF STOLEN, IN THE AMOUNT OF $1,000.00