Participant User Agreement

Gorge Rides E-Bike Lending Library. You review and sign this in person at pickup — electronically on the hub device, or on paper. Version: v1-2026-07.

Spanish speakers / hispanohablantes: el personal repasa este acuerdo contigo en español al recoger la bici. Llama al (509) 351-1058 con preguntas.

This Gorge Rides E-Bike Lending Library Participant Agreement (this "Agreement"), effective as of the date Participant signs below (the "Effective Date"), is entered into by and between Forth, an Oregon nonprofit corporation ("Forth"), and the participant named at signing ("Participant").

Forth is the prime recipient and program administrator for the Gorge Rides Bingen/White Salmon E-Bike Lending Library (the "Program"). In partnership with the Washington State Department of Transportation ("WSDOT"), the Program is funded by Washington's Climate Commitment Act. The Program provides free, temporary access to electric bicycles to eligible residents of Bingen, White Salmon, and surrounding communities in Klickitat County, Washington.

1. Eligibility

As a condition of participating, Participant represents and warrants that Participant:

Placement on a waitlist does not guarantee access to a bike. Forth and its Program partners reserve the right to verify eligibility at any time and to decline or revoke participation if eligibility requirements are not met.

2. Program Enrollment; Safety Education

Before any bike is issued, Participant must, at a Program hub location: complete the safety orientation and in-person safety briefing; successfully pass a safety competency check; and sign this Agreement in person. No bike will be issued until all safety education requirements are complete. At each subsequent checkout, Participant must confirm they are physically and mentally fit to ride safely. The Program's library operator and/or Forth each reserve the right to decline a checkout if Participant is determined to be unfit to ride.

3. Program Rules; Checkout

Participant agrees to comply with the Gorge Rides Program Rules set forth in Exhibit A, incorporated into this Agreement.

4. Bike Ownership; Condition of Equipment

All e-bikes, locks, chargers, helmets, and related accessories (the "Equipment") are owned by Forth or its Program partners. Nothing in this Agreement creates any ownership interest or right to purchase. Each bike is inspected and certified in good working condition before its first checkout. Participant must keep the Equipment unmodified and in good condition and return it in the condition received, normal wear and tear excepted.

5. Prohibited Modifications; Electronic Monitoring

Participant must not tamper with, alter, or modify the e-bike or its Aventon system in any way. Bikes are electronically monitored and GPS-tracked for tampering, as further described in Exhibit A.

6. Rider Responsibilities; Storage and Safety

Participant must follow all rider and safety responsibilities set forth in Exhibit A, including helmet use, sole-rider requirements, safe storage, and applicable road and trail laws.

7. Responsibility for Loss, Theft, and Damage; Financial Penalties

Participant is responsible for lost, stolen, or damaged Equipment while in Participant's possession, and financial penalties may apply as set forth in Exhibit A.

8. Data Collection, Surveys, and Media Release

Forth and its Program partners collect information associated with the Program and Participant's use of the Equipment — including reservation data, eligibility verification, orientation completion, checkout history, and trip data — in a program management system. As a condition of participation, Participant must complete the post-checkout surveys provided by the University of Washington (UW) and WSDOT for program evaluation purposes, and provide trip data as required by the Program.

Participant grants Forth and its Program partners permission to photograph or record Participant in connection with the Program and to use such photos, video, and recordings in Program materials, reports, and promotional content, without compensation. Participant may withdraw this permission at any time by written notice to Forth, effective for future use only. Data described in this Section may be used by Forth and WSDOT for any lawful purpose, including Forth's reporting obligations to WSDOT and evaluation of the Program.

9. Insurance; Liability Waiver

Program insurance does not extend to personal injury to Participant as a rider of the Equipment. Participant is encouraged to maintain their own health and personal insurance coverage. As a further condition of participation, Participant must execute the Liability Waiver, Release of Claims, and Assumption of Risk attached as Exhibit B.

10. Disclaimer; Limitation of Liability

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, FORTH DOES NOT PROVIDE ANY WARRANTIES IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, AND DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITION OF THE EQUIPMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FORTH NOR ITS PROGRAM PARTNERS WILL BE LIABLE TO PARTICIPANT FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THE EQUIPMENT, THE PROGRAM, OR THIS AGREEMENT.

11. Indemnification

Participant agrees to defend, indemnify, and hold harmless Forth, its Program partners, and their officers, directors, employees, agents, and affiliates from any third-party claims, costs, and losses (including reasonable attorneys' fees) that result from Participant breaking this Agreement, breaking the law, or acting with gross negligence or intent in a way that damages property or injures someone.

12. Term; Suspension; Termination

This Agreement begins on the Effective Date and continues until June 30, 2027, the scheduled conclusion of the Program, unless earlier terminated as set forth in this Section.

Forth reserves the right to suspend or terminate the Program, in whole or in part, at any time, including due to loss of funding or factors outside Forth's control, without liability to Participant. Any violation of this Agreement may result in immediate suspension of checkout privileges and/or permanent expulsion from the Program.

13. Records Retention

Consistent with Forth's contractual obligations to WSDOT, Forth will retain Participant records related to the Program, including this signed Agreement and survey data, for a minimum of six (6) years following the conclusion of the Program.

14. Governing Law

This Agreement is governed by, and construed in accordance with, the laws of the State of Washington.

15. General Provisions

This Agreement, including all Exhibits, is the entire agreement between the Parties and may be changed only in writing signed by both Parties. If any part of this Agreement is found unenforceable, the rest remains in effect.

Exhibit A — Gorge Rides Program Rules

Exhibit B — Liability Waiver, Release of Claims, and Assumption of Risk

I understand and acknowledge that riding an electric bicycle ("e-bike") involves inherent risks, including but not limited to the risk of collision with vehicles, pedestrians, or fixed objects, loss of control, mechanical failure, adverse road, weather, or trail conditions, and other risks that may result in serious injury, death, or property damage. I am voluntarily participating in the Gorge Rides E-Bike Lending Library Program with full knowledge of these risks.

IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE PROGRAM, I, ON BEHALF OF MYSELF AND MY HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Forth, its Program partners, officers, directors, employees, agents, and affiliates (collectively, the "Released Parties") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH THAT MAY BE SUSTAINED BY ME WHILE PARTICIPATING IN THE PROGRAM, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, EXCEPT TO THE EXTENT CAUSED BY THE RELEASED PARTIES' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. The Released Parties may rely on and enforce this release as intended third-party beneficiaries.

I understand that Program insurance does not cover personal injury to me as a rider, and that I am solely responsible for my own health and personal insurance coverage while participating in the Program. I have read this Liability Waiver, Release of Claims, and Assumption of Risk in its entirety, understand its terms, and sign it freely and voluntarily.

Exhibit C — Passenger Waiver (Abound bikes, as applicable)

Completed for each named individual who will ride as a passenger. I understand and acknowledge that riding as a passenger on an e-bike involves inherent risks that may result in serious injury, death, or property damage. I confirm that I meet the applicable weight limit. IN CONSIDERATION OF BEING PERMITTED TO RIDE AS A PASSENGER, I RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Forth, its Program partners, officers, directors, employees, agents, and affiliates FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH SUSTAINED WHILE RIDING AS A PASSENGER, EXCEPT TO THE EXTENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (If the passenger is under 18, a parent or legal guardian must also sign.)

Questions about this agreement? Call or text (509) 351-1058 or email info@gorgerides.org. When you sign electronically at pickup, you receive an emailed receipt identifying the exact version and fingerprint of the text you signed.