Gorge Rides E-Bike Lending Library. You review and sign this in person at pickup — electronically on the hub device, or on paper. Version: v2-2026-10.
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", and together with Forth, the "Parties", and each individually a "Party").
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"), Gorge Rides Bingen/White Salmon E-Bike Lending Library is funded from 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. Participant desires to participate, and Forth desires for Participant to participate, in the Program, subject to the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:
As a condition of participating in the Program, Participant represents and warrants that Participant:
Placement on a waitlist does not guarantee Participant 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.
Participant will receive this Agreement with Participant's reservation confirmation and must review it before Participant's first checkout. Before any bike is issued, Participant must, at a Program hub location:
No bike will be issued until Participant has completed all safety education requirements. At each subsequent checkout, Participant must confirm that Participant is 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.
Participant agrees to comply with the Gorge Rides Program Rules set forth in Exhibit A, which is incorporated into and forms a part of this Agreement.
All e-bikes, locks, chargers, helmets, and related accessories made available under this Agreement (collectively, the "Equipment") are owned by Forth or its Program partners. Nothing in this Agreement creates, or should be construed to create, any ownership interest, expectancy of ownership, or right to purchase in the Equipment on the part of Participant.
Each bike is inspected and certified in good working condition before its first checkout. Participant must keep the Equipment unmodified and in good condition throughout Participant's checkout period, and must return the Equipment in the condition received, normal wear and tear excepted. Participant may experience temporary unavailability of a specific bike due to scheduled maintenance.
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.
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.
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.
Participant acknowledges that Forth and its Program partners will 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:
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 to Participant. Participant may withdraw this permission at any time by written notice to Forth, effective for future use only. Participant acknowledges that 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, and Participant hereby expressly grants Forth rights to such data as described in this Section.
Participant acknowledges and understands that Program insurance does not extend to personal injury to Participant as a rider of the Equipment. Participant is encouraged to maintain Participant's 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, which is incorporated into and forms a part of this Agreement.
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.
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.
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. Suspension or termination of the Program under this Section will not create any liability to Participant.
Any violation of this Agreement by Participant may result in immediate suspension of Participant's checkout privileges and/or permanent expulsion from the Program, as set forth in Exhibit A.
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.
This Agreement is governed by, and will be construed in accordance with, the laws of the State of Washington.
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.
IN WITNESS WHEREOF, the Parties, by their duly authorized representatives, have executed this Agreement as of the Effective Date.
As a condition of participation, Participant agrees to the following Program Rules:
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 (the "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, whether or not they are signatories to this Agreement.
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.
Complete this Exhibit C for each named individual who will ride as a passenger on a cargo bike with Participant. A separate waiver is required for each passenger and must be completed prior to riding.
I understand and acknowledge that riding as a passenger on a cargo e-bike involves inherent risks, including but not limited to the risk of collision, loss of control, mechanical failure, or adverse road or trail conditions, that may result in serious injury, death, or property damage. I confirm that I meet the weight limit specified by Forth for the applicable cargo bike.
IN CONSIDERATION OF BEING PERMITTED TO RIDE AS A PASSENGER, 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 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 RIDING AS A PASSENGER, EXCEPT TO THE EXTENT CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(If Passenger is under 18, a parent or legal guardian must also sign below.)
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.