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Preamble
The Harley Owners Group® (H.O.G.) is an organization founded and
sponsored by
Harley-Davidson® Motor Company. The group was established to offer
motorcycling benefits
and services to Harley-Davidson enthusiasts throughout the world, and to
develop a close
relationship between the Harley-Davidson rider, the Harley-Davidson
dealer and
Harley-Davidson Motor Company.
The opportunity to start an independent chapter affiliated with the
Harley Owners Group is
offered to bring members together for the common interest of promoting
motorcycling
activities. The goal of each chapter is to generate an increased level
of enthusiasm for riding
Harley-Davidson motorcycles. The chapter shall be a family-oriented and
a nonpolitical
organization.
Article I - Purpose
1.The purpose of the local chapter shall be to promote responsible
motorcycling activities
for Harley Owners Group members by conducting chapter activities and
encouraging
participation in other H.O.G. events.
2.Chapter
activities and operations shall be conducted in a manner consistent with
a
family-oriented, nonpolitical philosophy.
Article II - Sponsorship
1.Each chapter must be
sponsored by an authorized Harley-Davidson dealer. The
decision to sponsor a chapter shall be undertaken solely at the
dealer's discretion.
2.An authorized
Harley-Davidson dealer may sponsor only one H.O.G. chapter.
3.The sponsoring
dealer shall have absolute authority to require that the sponsored
chapter conducts its operations and activities in accordance with the
sponsoring
dealer's standards. The sponsoring dealer shall require the chapter to
operate and
conduct activities in accordance with this charter and H.O.G. operating
policies.
4.The sponsoring
dealer shall have authority over, and approval rights regarding, the
content of all chapter publications.
5.The sponsoring
dealer shall have authority over any and all matters pertaining to
chapter
membership.
6.The sponsoring
dealer may establish chapter dues, which dues shall be used solely to
pay or defray the cost of chapter administration.
Article III - Application and Term of Relationship
Chapter affiliation with
H.O.G. shall be for a one year term and shall be subject to annual
application and acceptance by H.O.G.
Article IV - Name and Affiliation
1.The Harley Owners Group, a
division of Harley-Davidson Motor Company, is the
governing body for all H.O.G. chapters. Each chapter affiliated with the
Harley Owners
Group shall be a separate and independent organization providing
services to its
chapter members on a "not-for-profit" basis.
2.Each affiliated
chapter must adhere to this Charter and to H.O.G. Operating Policies.
3.Affiliated
chapters shall be named after the respective city or locale of the
sponsoring
dealer. H.O.G. shall have the right to approve chapter names.
4.Should H.O.G.
determine, in its sole discretion, that a chapter is not adhering to
this
Charter, H.O.G. may rescind its recognition of the chapter as a H.O.G.
affiliated
organization. Dealers may likewise rescind sponsorship of their chapter
at any time, at
which time the chapter's H.O.G. affiliation shall also cease.
Article V - Officers
1.Affiliated chapters shall
have the following primary officers: Director, Assistant Director,
Treasurer and Secretary. Other discretionary officers may be appointed
as needed.
2.The sponsoring
dealer may assume any, or all, officer position(s) including their
respective responsibilities and may remove any officer from office in
the dealer's sole
discretion. The sponsoring dealer may determine how chapter officers are
selected and
the length of their terms in office.
3.The sponsoring
dealer has the authority to require the chapter to perform to the
sponsoring dealer's standards and is to assure H.O.G. that the chapter
abides by this
Charter and the Operating Policies.
4.The duties and
responsibilities of the primary chapter officers shall be as follows:
A.Director:
The Director shall uphold this
Charter and the chapter by-laws, conduct
chapter meetings and coordinate chapter officer responsibilities.
B.Assistant
Director: The Assistant
Director shall assist the Director in carrying out
the Director's duties. The Assistant Director shall also be responsible
for
promoting membership, membership orientation and keeping the chapter
members informed of H.O.G. programs.
C.Treasurer:
The Treasurer shall be
responsible for the collection and disbursement
of chapter funds, reporting the financial transactions to the membership
on a
monthly basis, submitting an annual financial report to H.O.G.,
compliance with all
revenue recording and reporting requirements.
D.Secretary:
The Secretary shall be
responsible for the administrative needs of the
chapter, keeping the minutes of chapter annual business meetings and
general
meetings, ensuring that all chapter members are current H.O.G. members,
having
on file a signed copy of the Annual Chapter Membership Enrollment Form
and
Release of each member as signed on an annual basis, and submitting to
H.O.G.
the H.O.G. Chapter Charter Application and any other reports as required
by
H.O.G. Further, the Secretary shall ensure that all insurance
requirements are met
(including participant signatures to required release forms), shall
ensure
preparation of injury report forms, timely submission of injury report
forms to the
appropriate insurance company and shall be responsible for the
maintenance and
storage of release forms and injury reports.
E.The duties and
responsibilities of the discretionary chapter officers shall be:
A.Activities
Officer: The Activities
Officer shall be responsible for the
administration of chapter events.
B.Ladies
of Harley Officer: The LOH
Officer shall be responsible for
encouraging women members to take an active part in chapter activities.
C.Road
Captain: The Road
Captain(s) shall be responsible for assisting in the
planning of routes for chapter rides and keeping the Chapter informed of
all
H.O.G. programs.
D.Editor:
The Editor shall be
responsible for assembling and organizing
written, oral (broadcast) and electronic material for chapter
publications,
e.g., newsletters, press releases. All chapter publications, whether
written,
oral (broadcast) or electronic, shall be subject to approval by the
sponsoring
dealer prior to publication.
E.Safety
Officer: The Safety
Officer shall be responsible for providing chapter
members with information relating to the availability of rider
training.
F.Photographer:
The Photographer shall be
responsible for obtaining and
organizing chapter photographs for use in chapter publications and
chapter
history albums.
G.Historian:
The Historian shall be
responsible for the preparation and
maintenance of a written account of the history of the chapter, to
include
officer positions, chapter activities and membership levels.
Article VI - Membership
1.All Harley Owners Group
members may join any affiliated chapter. An expired
membership in H.O.G. automatically terminates local chapter membership
and any
associated memberships. It shall be the responsibility of each local
chapter to ensure
that chapter members are current H.O.G. members and to maintain on file
in the chapter
records a signed copy of the annual Chapter Membership Enrollment Form
and Release
of each chapter member. It shall be the responsibility of any person
applying for, or
renewing, membership in a local chapter to provide proof of his or her
National
membership as a condition of eligibility for membership.
2.The sponsoring
dealer may suspend or terminate a person's membership in the
sponsored chapter if the sponsoring dealer, in the sponsoring dealer's
sole discretion,
determines that a member's conduct is undesirable or contrary to the
sponsoring
dealer's interests.
Article VII - Dues
1.Chapters are to be
not-for-profit organizations. The sponsoring dealer may, in the
sponsoring dealer's sole discretion, establish chapter dues to be
utilized solely to pay or
defray the cost of chapter administration.
2.Chapters may
conduct legitimate fund-raising activities to assist in paying or
defraying
chapter operating expenses or to raise funds for charitable purposes.
All such
fund-raising activity shall be subject to approval by the sponsoring
dealer.
Article VIII - Activities
Chapter events and
activities are the sole responsibility of the local chapter. These
events and
activities may include any family-oriented, safe activities that promote
a positive image of the
sport of motorcycling and that appeal to the chapter membership.
Article IX - Chapter Publications
All material
published by the chapter must include the official chapter name and
number. All
chapter publications, whether written, oral (broadcast), or electronic
must be approved by the
sponsoring dealer. If, at any time, H.O.G. determines in its sole
discretion that a chapter
publication is incompatible with the family-oriented, nonpolitical
philosophies and/or objectives
of H.O.G., the chapter recognition as a H.O.G. affiliated organization
may be terminated. A
copy of all chapter publications of any type must be sent to the H.O.G.
office.
Article X - Trademark License
The trademarks
H.O.G.®, HOG®, HARLEY OWNERS GROUP®, L.O.H.®, LADIES OF
HARLEY® and the following H.O.G. logos (the "H.O.G. Trademarks") are
among the
many trademarks of Harley-Davidson Motor Company. These H.O.G.
Trademarks may
not be altered in any way and cannot be used in combination with any
other words or
graphics.
1.The issuance or
renewal of this Annual Charter For H.O.G. Chapters shall constitute a
limited license to use the H.O.G. Trademarks for the term of this Annual
Charter for
H.O.G. Chapters.
2.The Chartered
H.O.G. Chapter's license to use the H.O.G. Trademarks is limited to use
in conjunction with the official chapter name and use in conjunction
with material relating
to chapter activities.
3.Chapters must
obtain approval from H.O.G. prior to using H.O.G. Trademarks on any
material other than chapter publications. T-shirts, pins and all other
items are only to be
produced by authorized licensees of Harley-Davidson Motor Company and
shall
likewise be subject to prior approval by H.O.G.
4.Chapter use of
the H.O.G. Trademarks may continue only so long as this Annual Charter
is in effect between H.O.G. and the chartered chapter and the chapter
operates in
accordance with this Annual Charter and H.O.G. Operating Policies.
H.O.G. may, at its
sole discretion, terminate the chapter's limited license to use the
H.O.G. Trademarks at
any time upon thirty (30) days' notice in writing, and the chapter will
immediately
terminate all use of the marks when the notice becomes effective.
5.The chapter shall
provide such assistance as may reasonably be requested by
Harley-Davidson Motor Company to protect the H.O.G. Trademarks in the
locality of the
chapter's operations.
Article XI - By-Laws
1.This Charter shall be
adopted and serve as operating policy for H.O.G. chapters and
must be available to all chapter members.
2.Chapter by-laws,
if needed, may not replace, supersede or conflict with this Charter and
H.O.G. Operating Policies. The sponsoring dealer and the H.O.G. office
must approve
chapter by-laws prior to publication or implementation. Once adopted, a
copy of the
chapter by-laws must be furnished to the sponsoring dealer and H.O.G.
office and must
be available to all chapter members.
Article XII - Amendments
H.O.G. may amend
this Charter at any time at its sole discretion based upon H.O.G.'s
review
of chapter developments and needs or because of conflicts with national,
state, or local laws.
Article XIII - Disbursement of Funds
In the event of
dissolution or final liquidation of the Chapter, all of the remaining
funds and
property of the Chapter shall, after paying or making provision for the
payment of all of the
liabilities and obligations of the Chapter and for necessary expenses
thereof, be distributed to
such organization or organizations as are organized and operated
exclusively for charitable
purposes and which qualify as an exempt organization or organizations
under Section
501(c)(3) of the Internal Revenue Code. In no event shall any of such
assets or property be
distributed to any director, officer or private individual.
Article XIV - Disclaimer
While the chapter
may be affiliated with H.O.G., it remains a separate, independent entity
responsible for its actions. All Harley Owners Group members and their
guest(s) participate
voluntarily and at their own risk in H.O.G. and H.O.G. chapter
activities. The sponsoring dealer,
H.O.G. and Harley-Davidson Motor Company, its subsidiaries and
distributors and local
chapter officers are and shall be released and held harmless by the
member/guest for any
injury or loss to the member/guest or to his or her property which may
result from participation
in H.O.G. and H.O.G. chapter activities. This means that each and every
member of the local
chapter and their guest(s) have no ground for legal action against the
sponsoring dealer,
H.O.G., Harley-Davidson Motor Company, its distributors and its
subsidiaries, the local
chapters and their respective agents and employees for any injury
resulting to them or their
property.
Article XV - National, State, Local Laws
If any part of this
Charter should be invalid for any reason whatsoever under any national,
state
or local laws having jurisdiction over the subject matter of this
Charter, then that part shall be
considered deleted from this Charter and the rest of this Charter shall
remain valid and in full
force and effect.
Article XVI - Operating Policies (U.S. Chapters Only)
1.Recision and
Termination of Sponsorship: In the event a sponsoring dealer decides to
terminate or rescind sponsorship of a chartered chapter:
A.The sponsoring
dealer shall inform the appropriate H.O.G. Regional Manager of
the sponsoring dealer's intent to cancel or terminate sponsorship
fifteen days prior
to providing the chapter with written notice of termination or recision
of
sponsorship. Such notice shall be afforded by telephone or facsimile
transmission.
B.The sponsoring
dealer shall provide the chapter with written notice that
sponsorship is terminated or rescinded, setting forth the reasons for
termination or
cancellation. Said notice shall be effective fifteen days subsequent to
date of
delivery of the notice. A copy of the sponsoring dealer's written notice
to the
chapter membership shall be sent to the Regional Manager.
C.Any subsequent
application for charter by a group proposed to be sponsored by
the former sponsoring dealer shall not be considered for acceptance for
a
minimum period of three months following the sponsoring dealer's
termination or
recision of the dealer's sponsorship of the former chartered chapter.
2.Assistant
Director Duties: The assistant director shall also act as H.O.G. State
Rally
liaison and shall ensure that information regarding H.O.G. State Rallies
is
communicated to the chapter membership.
3.Treasurer's
Duties: The chapter treasurer shall also be responsible for
administering any
and all federal, state and local revenue reporting and taxation
requirements.
4.Dues: Annual
chapter membership dues may not exceed twenty four dollars ($24.00).
5.Chapter
Activities:
A.Chapters must
hold a minimum of four closed events per year.
B.Closed events are
those chapter events which are open to chapter members and
one guest per member.
C.Member events are
events that are open only to H.O.G. members.
D.Open events are
those chapter events which are open to chapter members,
national H.O.G. members and other guests as desired.
6.Membership: In
order to suspend or revoke a membership in the chapter, the
sponsoring dealer must do the following:
A.Notify the member
in writing of the cancellation of his chapter membership. Give
the reason for the cancellation in clear, concise terms.
B.Refund the
member's chapter dues for the year.
C.Send a copy of
the cancellation letter to the appropriate Regional Manager.
7.Newsletters:
Chapters must publish a minimum of six newsletters per year to be
eligible
to maintain H.O.G. affiliation. Newsletters can consist of any printed
material informing
the membership of activities, i.e. post cards, flyers, multi-page
publications, etc.
Activities listed in the newsletter must indicate whether it is an open
event, H.O.G.
member event or closed event.
8.Chapter Status:
Any chapter which fails to conduct any events or fails to publish six
newsletters in one year, shall have their chapter recognition as a H.O.G.
affiliated
organization rescinded.
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