The following Terms and Conditions shall apply to all Memberships issued by Trop Gun Shop, LTD (“TGS”). Any reference to “you” or “your” shall refer to the Primary Member identified on the Membership Application and Agreement (the “Application”) for such Membership. Any reference to “family members” shall mean the Primary Member’s immediate family members entitled to membership benefits under a family membership add-on, as set forth herein. Any reference to “Members” shall mean the Primary Member and any of his or her family members entitled to membership benefits under the family membership add-on. 1. MEMBERSHIP REQUIREMENTS. No Application for membership shall be effective until: (a) the Application is completed and signed by the Primary Member and submitted to TGS with the required membership fee and first month’s premium, and (b) the Application is approved and accepted by TGS. TGS reserves the right to approve or reject any Membership Application. 2. MEMBER’S RIGHT TO TERMINATE. You may cancel the Membership at any time AFTER your one (1) or two (2) year contract commitment under the following conditions: (a) you do so in person at a TGS location, and (b) you provide TGS with at least thirty (30) days’ notice. Memberships are not eligible for a refund/return of any portion of the membership fees upon cancellation of membership. In the event of cancellation, membership benefits—including Guest Passes, machine gun rental coupon, and training consultation—will remain active until the end of the current monthly term, after which all benefits become expired. 3. TGS’s RIGHT TO TERMINATE. TGS may terminate your Membership at any time following any breach or violation of these Terms and Conditions or other Rules of the Store and/or Range by you or any of your family members or guests, or for any conduct which, in the opinion of management of TGS in its sole discretion, is prejudicial to the welfare, good order, and character of the Store or Range, by sending written notice to you. 4. CHANGES IN MEMBERSHIP TERMS AND CONDITIONS. TGS reserves the right, in its sole discretion, to discontinue operation of the Range or to modify these Terms and Conditions, to sell, lease or otherwise dispose of the Range facilities in any manner whatsoever and to any person whomsoever, to add, issue, modify, or terminate any category of Membership, to discontinue operation of the Range facilities, to limit use of the Range facilities, to convert the Range into a member-owned club, and to make any changes to the Membership benefits at any time. Such changes shall be effective on the date such revised Membership Terms and Conditions are posted to the TGS website or as otherwise communicated to the Members. Any such changes shall be binding on you on the effective date of the change. 5. CHANGES IN MEMBERSHIP BENEFITS. TGS reserves the right to add, eliminate, or change any published Membership benefit or amenity at any time and from time to time, in its sole discretion. The Membership benefits at any time shall be as posted on TGS’s website or as otherwise communicated to Members. Such changes shall be effective on the date such revised Membership benefits are posted to the website or communicated to the Members. 6. FAMILY MEMBERSHIP ADD-ON. A Family Membership Add-On shall grant membership privileges to the Primary Member identified on the Application and his or her spouse and unmarried children under the age of 21 living in the Primary Member’s home or attending school on a full-time basis. A Parent/Guardian Release of Liability must be signed and on file with TGS for children under 18 years of age prior to their use of the Range. Any children in the Primary Member’s family under 21 years of age shall be allowed to accompany the Primary Member or his or her spouse to the Range. Any child between the ages of 8 and 18 may shoot on the Range, provided that the Primary Member or his or her spouse stays in the shooting booth with the child at all times. No more than two lanes will be assigned to one family unit at any one time. No more than two shooters will be allowed in a shooting stall at any time. 7. RANGE RULES. TGS may establish rules, regulations, and policies concerning the operation of the Range (the “Rules”) from time to time. The Rules and all changes thereto shall be provided to the Members and shall be posted on the TGS website. You acknowledge and agree to follow the Rules at all times, and to ensure that your family members and guests also follow such rules. Any violation of the Rules by you or your family members or guests shall be grounds for immediate suspension or termination of all or of a portion of your Membership privileges. 8. GUEST POLICY. A Membership shall only cover Membership privileges for the Primary Member. A Family Membership Add-On shall only cover membership privileges for the Primary Member and the qualifying family members as set forth herein who are approved by TGS. Any other persons accompanying a Member at the Range shall be considered a guest. Only Guests who have completed the Range Safety Brief and signed the Range Waiver Form are permitted to use the Range at the time of their visit. Each Member may be granted a Guest Pass punch card each calendar year as a benefit of Membership. The Retail Membership does not include a Guest Pass punch card as a Member Benefit. You are responsible for supervising your guests at all times while they are on TGS premises, and for any damages to the premises or Range caused by you and/or your guests. 9. USE OF RANGE FACILITIES. From time to time, TGS may host internal Range events, manufacturer promotions, training classes, private rentals, marketing, and other events in the Range during and after normal business hours of the Range. It is the responsibility of the Member to know if one of these types of events is scheduled for the time and date when they wish to use the Range. 10. LIABILITY AND WAIVER OF LIABILITY. The Primary Member shall be financially responsible and liable for any property damage resulting from the acts or omissions of such Member, their family members, or their guests on TGS premises, including damage resulting from shooting the target carrier (intentionally or unintentionally). You are fully responsible for the loss or theft of, or damage to, any firearms or other personal property you bring to the Range or leave in your car on TGS premises. You hereby release and hold harmless TGS, and each of their respective members, managers, officers, employees, and agents (the “TGS Affiliates”), from and against any claim arising out of or relating to the loss or theft of, or damage to, any such property and any claim for bodily injury arising out of the use of the Premises by you and/or your family members or guests. In no event will any TGS Affiliates have liability for any indirect, incidental, special, consequential or punitive damage, even if advised of the possibility of such damages. 11. INDEMNITY. By execution of the Application and use of TGS facilities, you agree to defend, indemnify and hold harmless the TGS Affiliates from and against any claims, lawsuits, damages, liabilities, expenses or costs the TGS Affiliates may incur, including attorney’s fees of counsel acceptable to TGS (“Claims and Damages”), arising out of or resulting from the acts or omissions of you and/or your family members or guests. Moreover, you agree to defend, indemnify and hold harmless the TGS Affiliates from and against any Claims and Damages arising out of or resulting from claims asserted against TGS Affiliates by your family members or guests. 12. ASSUMPTION OF RISK. You acknowledge and agree that the indoor firing range operated by TGS involves the use and discharge by you and others of pistols, rifles, shotguns, machineguns and other weapons, which are potentially dangerous activities. You acknowledge and agree that those activities involve certain risks and exposure to bodily injury or death, which risks and exposure you voluntarily assume by becoming a Member of TGS and using its facilities. In consideration of the use of TGS facilities by you and/or your family members or guests, you hereby accept and assume full responsibility for any and all injuries, losses or damages sustained or incurred by you and/or your family members or guests resulting from or arising out of any activity or event occurring on TGS premises, and release in full and forever discharge the TGS Affiliates, whether acting officially or otherwise, on behalf of yourself, your family members, your guests, your heirs, executors, administrators and personal representatives, from and against any and all claims, demands, or causes of action for any injury, death, property damage, loss, claim, or liability resulting from or arising out of any activity or event occurring on TGS premises. 13. COMMUNICATION AND NOTICES. All communications between you and TGS shall be by e-mail, direct mail, text message, phone call, or personal delivery. Accordingly, as a condition to your Membership, you are required to maintain a valid e-mail address at all times. Any failure to maintain a valid e-mail address shall be grounds for termination of your Membership. The e-mail address and phone number of the Primary Member as set forth on the Application or the e-mail address and phone number registered with TGS for purposes of TGS’s mailing list subscription shall be used by TGS to communicate with you. Any of your correspondence or notices required hereunder shall be sent to info@tropgun.com. Either party may change the e-mail address for communication purposes hereunder by sending a change of address notice to the other party in accordance with the terms of this paragraph. 14. MISCELLANEOUS. a. The types of memberships available, applicable fees, suspension or expulsion of Members, and all other matters affecting or relating to the Members or the Membership shall be at the sole discretion and control of TGS. b. It is the policy of TGS to accept applications for Membership from any individual, couple, or family who meet the requirements established from time to time by TGS, without regard to race, color, creed, gender, religion or national origin, nor shall such matters ever be made a condition of Membership. c. The Membership is personal to the Primary Member and may not be transferred or assigned at any time to any other person. In the event of the death of the Primary Member, the surviving spouse of such Member, if any, may continue as the Primary Member for the Membership without paying any additional membership fee. In the event the deceased Member is not survived by a spouse, or the spouse does not desire to continue the Membership, it shall be terminated. In the event the Primary Member becomes legally separated or divorced, ownership of the Membership shall continue with the Primary Member unless and until the Membership is awarded to the spouse by written agreement or final divorce decree, and TGS is given written notice thereof. d. You acknowledge that there have been no promises, warranties, or representations, express or implied, pertaining directly or indirectly to the Membership which are not contained herein, in the Application, or on the TGS website. e. In any dispute relating to non-payment of dues or charges for damage to TGS premises or personal property by you and/or your family members or guests, you shall be responsible for any attorney’s fees and/or costs incurred by TGS in enforcing its rights under these Terms and Conditions. f. Any waiver by TGS of any right or obligation hereunder shall be deemed a continuing waiver and no failure by TGS to exercise, in whole or in part, any rights provided to TGS hereunder shall prevent the later exercise of such right or any other right. No waiver by TGS shall be effective unless such waiver is in writing and signed by TGS. g. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of the remaining terms or provisions hereof, which remaining terms and provisions shall remain unmodified and in full force and effect. h. The rights and obligations of the parties arising out of the Membership, including the terms and conditions set forth herein, as amended from time to time, shall be governed by the laws of the Commonwealth of Pennsylvania. |