This Membership Agreement is made and entered into on April 9, 2020 by and between BLACK WING SHOOTING CENTER, LLC, RAG ENTERPRISES, LLC AND GORE FARMS, LLC ("Black Wing") and you (hereinafter “Member”). This Membership Agreement will govern the terms of the Member’s membership rights and obligations and is binding contract between the parties. You verify that you have read the Membership Agreement terms and agree to them, you understand the contents of the Membership Agreement; that you have asked questions about any term of the Membership Agreement that you may not understand and that you are agreeing to be legally bound by all terms and conditions set forth in this Agreement. This contract is valid for one calendar year from the above date.
PAYMENT & CONTRACT: As part of the consideration for membership, the Member herby agrees to remain a member and pay the monthly membership dues for a period of not less than one (1) year from the date of this agreement or to pay the full year of membership dues upfront at the date of this agreement. Black Wing is entitled to recover its costs, including reasonable attorney fees, incurred in collecting sums due to Black Wing under this or any other membership provision or otherwise. A cancellation fee of $100 dollars or the balance of the contract, whichever is less, will be assessed to the member if cancellation by the member is required within the first twelve (12) months of this agreement. Members may select one of the following methods of payment for their monthly membership dues: automatic monthly credit card payment, a single annual lump sum credit card payment or as single annual lump sum cash payment.
After the first year of membership: a. Monthly billing of annual dues will continue where applicable. Termination of membership by the member must be given in writing via email (firstname.lastname@example.org) one week before the next billing cycle if using the monthly dues payment method. b. For members who pay annually, termination of membership will be automatic upon the expiration date of the annual membership period. Annual renewal of a membership by the member must be performed prior to the annual expiration date to avoid a lapse in membership privileges.
RIGHT OF REVOCATION: Any Member, guest or person that fails to obey any range officer instructions, range rules, basic firearm safety rules, Black Wing policies, or any other term of membership is subject to expulsion from the range, suspension or revocation of their membership or range usage rights. There will be no refund of any monies, membership dues or administration fees if any person is required to leave the property or any membership is suspended or revoked as noted herein.
RANGE CLOSURE: Black Wing may from time to time conduct training classes, corporate and other events and is required from time to time to maintain the range and its equipment. Accordingly, Black Wing reserves the right from time to time to close the range to Members as deemed necessary. Black Wing will make a reasonable effort to minimize range closings and to notify Members prior to closing the range through its website and through other communication channels as deemed necessary
PROHIBITED MEMBERS AND RULES: Persons who are forbidden by law from possession of firearms are not permitted to utilize the Black Wing facilities and will be removed from the premises. By signing this Agreement, you are expressly representing that you are not prohibited by law or any court order from possessing a firearm, you are not under a domestic violence restraining order or injunction and that you are mentally fit to engage in the use of firearms. Individual Members desiring to rent firearms from Black Wing, without their own firearm may be required to be accompanied by a friend or range officer when shooting. Members shall not be permitted to enter the ranges if they are under or appear to be under the influence of alcoholic beverages or drugs. Black Wing shall have the absolute right to designate, from time to time, persons who are eligible for Membership and who shall have the right to use any and all of the facilities of the range, upon such terms and conditions as determined from time to time by Black Wing. Black Wing will not discriminate against any Member for any reason prohibited by law, and further agrees not to discriminate against any person relative to admission, services, or privileges offered to or enjoyed by the general public for any reason prohibited by law. Black Wing is committed to being an equal opportunity recreation and training facility. We do reserve the right to refuse the use of our facility to anyone based on criminal history. We also reserve the right to refuse the use of our facility to anyone with a history of mental illness that we believe may or will pose a safety threat to others. We pledge to remain open minded about any mental illness history and to evaluate each case individually. In no case will we subject any person to an unsafe or unstable shooting environment. Primary Members must be of 18 years of age or older.
CAMERAS: Black Wing operates a state of the art monitoring security system which incorporates the use of high definition cameras and hidden surveillance equipment. Your presence at Black Wing and execution of this Agreement indicates your consent to be videotaped and recorded while at Black Wing. The Member authorizes and agrees to permit Black Wing to use photographs, videos and/or other media which may contain the image and/or likeness of Member and his/her family or guests for advertising, marketing, public relations, or internal communications purposes.
NONTRANSFERRABLE: The Member acknowledges that Memberships are nontransferable and that except as herein expressly provided otherwise, the fees paid hereunder are nonrefundable. The Member acknowledges that Membership is a revocable license subject to permitted renewal and termination at the sole and absolute discretion of Black Wing. Memberships cover the Member, the Member's spouse and the Member's children under the age of 21 years old.
Date: April 9, 2020
Range Safety Rules
Please read the following rules:
1. Treat every firearm as though it is loaded:
- Keep firearms pointed in a safe direction at all times
- Actions should be open and firearms unloaded unless firing
- Never sweep the barrel across or toward other people
- Keep fingers outside of the trigger guard until you are ready to fire
2. You must wear eye and ear protection at all times while on the ranges.
3. Never walk in front of shooting positions.
4. Unload immediately if a range officer tells you to do so or if a ceasefire is called. Follow range officer instructions immediately. Arguing or unsportsmanlike behavior may cause you to be removed from the range and denied future shooting privileges.
5. Any serious malfunction, damage to range equipment, injury or accidental discharge should be reported to a range officer immediately. If assistance is required for any malfunction (jam, misfire, etc.), leave the gun pointed down range and notify a range officer.
6. Handgun shooters under 21 years of age and long gun or archery shooters under 18 years of age must have a minor release waiver completed by their parent or legal guardian (according to chapter 2111 of the Ohio Revised Code). The minimum age for a shooter is 10 years old. Minors must be accompanied by a parent, legal guardian or escort (escort must be named specifically in the Minor's waiver) who is appropriately trained on the safe use of firearms.
7. Alcohol and drug use are strictly prohibited before and during shooting at Black Wing Shooting Center. If you are found to be breaking this rule, you will not be allowed to shoot and will be asked to leave the premises.
8. If unsafe behavior is noticed, please notify a range officer immediately. Violation of Black Wing Shooting Center Range Safety Rules may lead to your removal from the range.
9. If you are pregnant you are not to use the indoor ranges. You are permitted to use the outdoor range, however, you acknowledge the possible risks that are associated with using a firearm which include, but are not limited to, potential lead poisoning and shotgun noise.
10. All rentals (firearms, gear, vehicles, etc.) are for the duration of your shooting activities for that day. All rentals should be returned when said activities are completed, with only reasonable wear and tear. Any excess damage to, or incurred with, rentals will result in a damage charge.
Outdoor Range Rules
1. Do not load your gun until you are in a shooting position and it is your turn to shoot. A maximum of one shell may be loaded during trap and two shells for skeet, 5-stand and sporting clays.
2. Never shoot when an orange cone is on top of the trap house or a skeet house door is open.
3. Slugs, high brass, turkey loads, steel, buck shot and shot larger in size (smaller in number) than 7 ½ (ie. 6 shot) are not allowed on the outdoor range. Ammunition will be inspected by a range officer. All prohibited ammo must be taken to your vehicle. If you are renting a gun from Black Wing Shooting Center, you must use our ammunition.
4. Place shotguns in gun racks when not in use or transport. Never put your gun on the ground or put the muzzle in grass or on concrete.
5. No broadheads are allowed on the archery range. Any damage to bag targets due to the use of broadheads will result in a $100 replacement charge per target to the shooter.
6. Any golf cart driver must be at least 18 years of age and possess a valid drivers license.
Indoor Range Rules
1. Be aware of what you are shooting at beyond your target (walls, floor, other lanes’ targets). If you damage Black Wing Shooting Center’s equipment, you will be assessed repair fees in the amount of: $20 for broken target cord, $80 for broken target cable, $100 for holes in hangers, floor, dividers and ceilings.
2. Firearms must be in a closed case or holstered until you are in your assigned firing booth. Never handle firearms behind the red firing line (painted on the floor behind the shooting stalls). You are allowed to load magazines behind the line.
3. Steel cased, steel core, armor piercing, tracer, military surplus and unjacketed ammunition are not allowed. Ammunition will be inspected by a range officer. All prohibited ammo must be taken to the vehicle. If you are renting a gun from Black Wing Shooting Center, you must use our ammunition.
4. Muzzleloaders and black powder guns are not allowed on the range.
5. No drawing from a holster without approval from a range officer.
6. No food, drink or tobacco is allowed on the indoor range.
7. Proper clothing is required: no sandals, open toed shoes or low cut tops.
8. In order to rent a pistol or rifle, you must bring your own firearm or be accompanied by another shooter.
9. Range officers must be notified before you shoot any NFA item (suppressors, short barreled rifles, full autos, etc) and proper paperwork is required.
I have read the Range Safety Rules. I understand what is expected of me while on the premises of Black Wing Shooting Center and agree to abide by/follow the Range Safety Rules. I also understand that violation of those rules can result in me being asked to leave the premises and/or revocation of my membership and any other action as Black Wing Shooting Center deems necessary. I also agree to ask a range officer if I have any questions about the Range Safety Rules or any issue involving the activities at Black Wing Shooting Center.
Black Wing Shooting Center
Hold Harmless Clause, Covenant Not to Sue and Release
BLACK WING SHOOTING CENTER, LLC, RAG ENTERPRISES, LLC AND GORE FARMS, LLC ("Black Wing") are Ohio Limited Liability Companies, which operate shooting ranges, instruct classes and conduct contests, tournaments, corporate outings, training of any nature or kind and other events in techniques of practical firearms use, use of force, alternative force, edged weapons and other activities and events. Use of the shooting range(s) and/or instruction offered individually and/or during these classes involves the discharge of firearms, and may include use of alternative force, discharge of ammunition and use of edged weapons by the class members and instructors in various instances including simulated combat situations. I understand such situations possess certain inherent dangers for the persons and property of the individuals participating in the activity. Black Wing, its shareholders, managers, members, assigns, agents, insurers, its directors, officers and employees, as well as contract employees, independent contractors and volunteers, and any other person acting in any capacity on their behalf, jointly and severally (hereinafter termed the “Corporation"), and any individual including myself, my spouse, my children, my heirs, parents, assigns, personal representatives, estate and insurers (hereinafter termed "Participant'") wishing to avail himself or herself of the shooting ranges, training and/or facilities of the Corporation for any reason, or who has chosen to visit, observe or tour the training or facilities of the Corporation, hereby agrees as follows:
IT IS UNDERSTOOD AND AGREED that this Participant Agreement and Covenant Not to Sue and Release and are part of the consideration from the Participant to the Corporation, for the privilege of using the shooting range(s), receiving instruction, visiting, observing, touring the facilities of the Corporation. Participant is aware of the dangers associated with being at the facility as well as engaging in all gun and archery related activity, use in any manner, training and instruction, and assumes all risks associated therein including, but not limited to, being shot, struck by flying or falling objects and/or ricochet bullets and arrows. Participant understands and agrees there will be personnel of the Corporation and other participants on the training facilities with Participant. Participant assumes any and all risks of injury or damage from them or by them, and releases Corporation from any claim(s) that its employees or agents are, were or may be negligent in connection with Participant's use of the facility including any firearms, ammunition or vehicles provided to Participant, including but not limited to the selection and use of firearms, ammunition, leather, gear, edged weapons, vehicle or accessories pursuant to participation in Corporation's training programs any instruction(s), courses, classes, training and/or use of the shooting range(s). Participant expressly agrees that this Participant Agreement, Hold Harmless Clause, Covenant Not to Sue and Release is governed by the laws of the State of Ohio and is intended to be as broad and inclusive as is permitted by Ohio law and that in the event any portion of the Agreement is determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be altered, affected or impaired in any way and shall continue in full legal force and effect. Participant voluntarily assumes all risk and danger of injury, including, but not limited to, physical or emotional injury, paralysis, total or partial loss of hearing, vision, burns, inhalation or contact with lead, other contaminates, fumes or death, inherent in the use of force, and/or any firearm, ammunition, edged weapons, equipment, vehicle or gear provided to or used by the Participant. The Participant and all minor(s) agree to disclose any pre-existing injuries or other health concerns that may limit, interfere, or be exacerbated by participation on the range(s) or any training provided and further agrees to assume all risk for any movement exercise(s), drill(s) and aspects of training provided by the Corporation, its employees, independent contractors, volunteers or anyone associated with it. If any participant becomes physically unable to participate during a session or feels the training will further aggravate or be harmful to a prior condition/injury, the participant is responsible for curtailing, ceasing any exercise or training immediately and is to inform the range officer or instructor.
HOLD HARMLESS CLAUSE
Participant hereby agrees and understands that he/she is using the shooting range(s) for gun use activities, in the course of instruction, event, visiting, observing, or touring the training or facilities, under the express condition that he/she relinquishes the Corporation from any and all liability suits, causes or action of any kind, and claim(s) for damage for of any injury of whatever nature to any person or persons, including Participant, or property of any kind whatsoever, belonging to Participant, from any cause or causes whatsoever while engaged in the course of instruction, event, visiting, using, observing or touring the training or facilities, offered by the Corporation either on its own premises or at any other place. Participant hereby promises and agrees, as part of the compensation paid the Corporation, for allowing the Participant to use the shooting range(s) and/or receive a course of instruction, participate in the event, observe or tour the training or facilities, to indemnify and hold harmless the Corporation from all liability, loss(es), action(s), claim(s), costs, third-party claims, liens of any nature and obligation(s) of any and every kind on account of or arising out of, any such injuries or losses known and unknown, however occurring and/or result during the period that the Participant is engaged in using the shooting range(s), receiving the course of instruction, participating in the event, or visiting, observing or touring the training or facilities.
COVENANT NOT TO SUE
Participant hereby promises and agrees neither Participant nor Participant's heirs, successors, spouse, children, estates, personal representatives, or any other person or entity, will institute any action or suit at law or in equity against the Corporation, nor institute, prosecute, or in any way aid in the institution or advancement of any claim, demand, action or cause of action for damages, death, dismemberment, disfigurement injury, costs, loss of services, expenses or compensation for or on account of any damage, loss or injury, inhalation, burns or contact with lead or other contaminants, death, dismemberment, disfigurement, injury either to person or property, or both, which resulted from any past, present or future act or acts of any person, participant or corporation arising out of the privilege of using the shooting range(s), receiving the course of instruction, participating in an event, or visiting, observing or touring the training or facilities.
Participant acknowledges that this is an Agreement/Contract and agrees that if he/she files a lawsuit against the Corporation or its owners, employees or agents, for any injury or damages he/she has breached this Agreement/Contract, and will pay all attorney’s fees and costs incurred by the Corporation in defending such action.
In addition to the foregoing Participant Agreement, Hold Harmless Clause, and Covenant Not to Sue, I hereby RELEASE and forever discharge and hold harmless the Corporation, its successors, and assignees, from each and every right and claim which I now have, or may hereafter have, on account of any injuries, damages, to person or property, or illness that I may sustain or which may hereafter be discovered as a result of my use of the shooting facility and /or instruction of activity at the shooting facility as a result of engaging in use of the shooting range(s) and/or instruction, participating in an event, or visiting, observing or touring the training or facilities, whether or not arising from the negligent acts or omission of Corporation, its agents, employees, officers, directors, independent contractors, volunteers and any other participant using said facility and/or participating in the use of a firearm, instruction or activity. I specifically release, forever discharge and hold harmless the Corporation, its successors, and assigns on account of any injuries, damages to person or property, or illness that I may sustain as the result of the use of any firearm, equipment, vehicle, facility, weapon, gear or ammunition malfunction or failure. IT IS MY INTENTION by signing this Agreement to bar me forever from suing the Corporation and to release the Corporation even as to injuries, damages, to person or property, and illnesses, rights and claims not mentioned here or not known to me.
I do hereby recognize and acknowledge that by signing this document I have read, understand and will abide by the Range Safety Rules and that failure to abide by the Range Safety Rules established by the Corporation could result in temporary or permanent ejection from the ranges and facility.
I understand that by signing this document, the Corporation supports the NRA recommendation to avoid recreational/training shooting during pregnancy. I accept the risk to my (our) fetus if I (we) choose to utilize the range(s), whether planning to shoot or observe.
I understand the Corporation respects my privacy, however, they require that I provide a valid email address and phone number in order to authenticate this waiver. I also understand the Corporation may need to contact me for necessary communication (ie. retrieval of ID). My signature below gives the Corporation permission to contact me via cell or email for any necessary follow up.
I acknowledge and understand that I will be exposed to unanticipated risks that could result in physical, emotional injury or death. I acknowledge that the Corporation is not legally responsible for my personal safety or the safety of my property during all activities. I acknowledge that my participation in all activities is purely voluntary and I elect to participate in spite of the risks. I acknowledge that the Corporation personnel or agents are not necessarily medically trained to care for any physical or medical problems of individuals participating in any activity. I acknowledge that I am physically able to participate in all activity without aid or assistance.
I understand that by signing this document, I intend that the parties with whom I am agreeing, holding harmless, promising not to sue, and releasing, and each of them, jointly and severally, shall rely only on the statements and information provided herein as accurate and the truth.
I HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND READ THE RANGE SAFETY RULES. I DO HEREBY ATTEST THAT I AM 18 YEARS OF AGE OR OLDER AND EVERYTHING SUBMITTED HEREIN IS TRUE AND ACCURATE. FURTHERMORE, I DO HEREBY ATTEST THAT I AM LEGALLY ALLOWED TO POSSESS A FIREARM IN THE UNITED STATES. I AM NOT CURRENTLY THE SUBJECT OF EITHER A CRIMINAL DOMESTIC PROTECTION OR CIVIL RESTRAINING ORDER. I AM NOT UNDER A FELONY INDICTMENT IN ANY COURT, NOR HAVE I EVER BEEN CONVICTED OF A FELONY AS AN ADULT OR JUVENILE. I AM NOT A FUGITIVE FROM JUSTICE. I AM NOT AN UNLAWFUL USER OF, OR ADDICTED TO ANY CONTROLLED SUBSTANCE. I HAVE NEVER BEEN ADJUDICATED AS MENTALLY DEFECTIVE OR INCOMPETENT TO MANAGE MY OWN AFFAIRS. I AM NOT TAKING ANY MEDICATION, PRESCRIBED, OVER THE COUNTER OR ILLEGAL WHICH WOULD IMPAIR MY ABILITY TO THINK, PERCEIVE, REACT AND/OR INTERFERE WITH MY USE OF A FIREARM. I HAVE NEVER BEEN DISCHARGED FROM THE UNITED STATES ARMED FORCES UNDER DISHONORABLE CONDITIONS. I AM A CITIZEN OR LEGALLY IN THE UNITED STATES. I UNDERSTAND THAT THIS DOCUMENT IS A PARTICIPANT AGREEMENT, HOLD HARMLESS CLAUSE, AND COVENANT NOT TO SUE, RELEASE AND INDEMNITY FOR ALL CLAIMS. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE. I SPECIFICALLY AND KNOWINGLY AGREE THAT I EXPRESSLY AND IRREVOCABLY INTEND TO RELEASE THE CORPORATION, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS FROM THEIR OWN NEGLIGENCE AS SET FORTH HEREIN.
I FULLY UNDERSTAND AND KNOW THAT SIGNING THIS PAPER WILL PREVENT ME FROM INSTITUTING ANY SUIT, OR ASSERTING ANY CLAIM OR RIGHT I MAY HAVE FOR DAMAGES NOW OR IN THE FUTURE AS A RESULT OF USING THE SHOOTING RANGES, PARTICIPATING IN A COURSE OF INSTRUCTION, PARTICIPATING IN AN EVENT OR VISITING, OBSERVING OR TOURING THE TRAINING OR FACILITIES.
Date: April 9, 2020