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RANGE MEMBERSHIP TERMS AND CONDITIONS
The Member hereby agrees to the following Riflegear Range (“Range”) terms and conditions.
1. No application for membership shall be effective until: (a) the application is completed and signed by the applicable Member and submitted to Riflegear with the required membership fee, (b) the first twelve (12) months dues are paid in full, (c) a payment authorization is signed and delivered to Riflegear providing for payment of the annual membership dues to be kept on file for renewal purposes, subject to cancellation of membership as set forth herein, and (d) the application is approved and accepted by Riflegear. Access to the Range will only be available to Members who have completed the Range orientation.
2. Membership is available to all persons who are legally able, at any time during the period of membership, to purchase and possess a firearm. Members must satisfy all federal, state, and local laws regarding firearms ownership at all times during any membership period.
3. Memberships are offered on a twelve (12) month basis commencing the date of the initial payment against the applicable membership.
4. Riflegear membership cards, if any, are and shall remain the property of Riflegear. The replacement fee for any lost or damaged membership card is $10 per card.
5. Membership fees and benefits are subject to change at any time at the sole discretion of Riflegear. The Member will be notified of these changes through email at the most current email address the Member has provided Riflegear. The burden of responsibility falls upon the Member to ensure that RifleGear has a current e-mail address on file.
6. Membership fees shall be earned in full upon receipt and shall be non-refundable in the event of termination of the Membership by Riflegear for any reason or in the event of your cancellation of the Membership except as set forth herein.
7. Memberships will automatically renew upon the expiration date of the then-current membership period. The burden of responsibility falls upon the Member to ensure that RifleGear has current payment information and a current e-mail address on file in order to renew the membership. Members will receive an automatic renewal notice via email thirty (30) days before the expiration date of the then-current membership period. In the case of a failed automatic payment, the Member will be notified via email and the applicable membership will be disabled until all payments for the renewed membership have been paid in full.
8. Cancellation can take place anywhere in the membership cycle (excluding Pro Lifetime). Cancellation of the membership (excluding Pro Lifetime) may be requested by written notice only to Riflegear at [email protected]. Cancellation notices must be received by Riflegear more than thirty (30) days in advance of the automatic renewal date of the applicable membership in order to guarantee that the membership will not automatically renew.
9. If the cancellation notice is received on or before the 15th day of any month, the cancellation shall be effective as of the last day of such month. If the notice is received after the 15th day of any month, the cancellation shall be effective on the last day of the next month. The cancellation fee will take the total yearly amount of the membership and divide it by twelve (12) months. This total will be multiplied by the number of months remaining in the membership after the effective date of cancellation. The Member will then pay fifty percent (50%) of that total remaining amount. For example, $750 membership = $62.50 “per month” X 4 months remaining unused = $250 total; in that example, the Member would pay $125 as a cancellation fee.
10. At Riflegear’s sole discretion. the cancellation fee may be waived for members of the military who are deploying or being stationed elsewhere. Proof must be provided to Riflegear in this instance as may be requested by Riflegear.
11. Pro Lifetime memberships cannot be cancelled and are non-refundable (except as maybe expressly set forth herein).
12. If the Member would like to upgrade their membership from one level to the next, the Member must submit written notice to [email protected]. Riflegear will cancel the current membership with no cancellation fee required and start the Member on a new twelve (12) month period the membership level to which they wish to change. The change in membership shall be effective as of the first day of the month following the month in which the change in membership notice was received by Riflegear. Any additional membership fees due to an upgraded membership shall be due and payable in full by the end of the month in which the change in membership notice was received by Riflegear. Store credit shall be issue for any difference in membership fees due to a downgraded membership level, which credit shall be issued by the end of the month in the change in membership level notice was received by Riflegear.
13. Member guest passes, firearm cleanings, private lessons, and other membership benefits shall be issued on the day the membership commences and will be valid for twelve (12) months. Membership benefits will expire at the expiration of the twelve (12) month period and will not roll over into the next, if any, twelve (12) month period of a membership.
14. All rights and benefits provided by the membership shall be valid at the Riflegear store located in The Colony, Texas.
15. Membership use and access authorization to the Range shall be used only by the Member that signs this Agreement (and each authorized family member in the case of a Family Membership) and cannot be used by any other party. Riflegear reserves the right to ask for identification in conjunction with the Member’s membership. Member guests shall always be accompanied by Members and shall have no right to access and/or use the Range without the Member present except in the case of a guest using a guest pass issued to them by a Member.
16. Each Member shall ensure that all Member’s family members and guests who access and use the Range are knowledgeable regarding the proper use of weapons and the Range, and that, by professional standards, all shooting equipment, ammunition and all corresponding items to be used on the Range by all such persons shall at all times be in good working condition and suitable for shooting contemplated by this Agreement. Members understands that hearing and eye protection (even while using a scope) are always mandatory at all shooting areas of the Range for all persons. Member further agrees that Member, and Member’s family members and guests, shall not, fire or discharge any firearm or gun except in areas so designated by Riflegear. Member, and Member’s family members and guests, shall provide and bear the cost of (i) all supplies and/or equipment necessary for shoots and/or training and (ii) all ammunition and weapons necessary for shoots and/or training. Any and all rental guns used at the Range shall be fired using ammunition purchased in-store at Riflegear.
17. Member acknowledges that engaging in shooting can be dangerous and that no matter what precautions a person may take, including but not limited to the wearing of various types of protective gear (including hearing and eye protection), that injury of a very serious nature and/or death could occur as a result of an accident or incident. Member, on behalf of Member and its family members and guests, hereby assumes any and all responsibilities and liabilities pertaining to such risks, whether to Member or to others and without limitation or qualification. Member agrees that there have not been any express or implied representations made by on behalf of Riflegear except as expressly set forth in this Agreement.
18. Member is jointly and severally responsible for the actions, or lack of actions, of their family members and guests, including but not limited to property damage, safety violations, injuries, claims and losses.
19. The current “Range Rules” and “Range Waiver” are in effect and Member hereby acknowledges same. All Members, as well as family members and guests thereof, must review the Range Rules and sign the Range Waiver.
20. Riflegear employs Range Masters/Officers who are responsible to oversee and control the proper access to and use of the Range and as well as enforcing the Range Rules. The commands and instructions of the Range Masters/Officers shall be immediately obeyed without question by all persons.
21. All accidents and injuries shall be immediately reported to the Range Master/Officer.
22. Any tampering or destruction of Riflegear property by a Member, or a family member or guest thereof, constitutes grounds for removal, cancellation of membership, prosecution, damages, or other remedies available at law or in equity.
23. At Riflegear’s sole discretion, Riflegear reserves the right to restrict or deny access and/or use by any person to the Range or any part thereof at any time for any reason. Decisions made by any Riflegear staff regarding restriction or expulsion from the Range are final and binding, and Riflegear is not obligated to offer any refund or discount or any other type of compensation as a result thereof.
24. Member shall not conduct any classes or private lessons to any person, or host any event, for profit.
25. The Range shall be used for the sole purpose of personal firearms training and practice and for no other purpose without the express prior written consent of Riflegear, which consent may be withheld or conditioned in the sole discretion of Riflegear.
26. If a Member desires to sponsor a shooting match, competition or other event at the Range, Member shall deliver to Riflegear, at least thirty (30) days prior to the desired date of the event, an email request setting forth the type of activity, the number of participants, and the weapons and ammunition desired to be used. Based on the written request, Riflegear, at its sole discretion, shall approve or disapprove the request. Riflegear reserves the right to impose conditions relating to the requested event which Member must always satisfy. Riflegear further reserves the right of any person to refuse the access to and use of the Range.
27. By agreeing to this document and providing your email, you are agreeing to be opted-in to our email list and receive emails from Riflegear.
28. All activities on the Range may be photographed and/or recorded at any and all times. Member grants Riflegear the irrevocable right and authorization to use photographs and/or recordings of Member and Member’s family members and guests on the internet and in publications, promotional flyers, educational materials, derivative works, or other media, or for any other purpose without compensation and/or liability to any such person. Member waives the right to approve the final product thereof. Member agrees that all such photographs and recordings, and any reproductions thereof, and all plates, negatives, tape and/or digital files thereof are and shall remain the exclusive property of Riflegear at all times.
29. Member hereby releases, acquits and forever discharges Riflegear and its successors, assigns, owners, members, managers, officers, directors, shareholders, employees, agents, representatives, attorneys, independent contractors, subsidiaries, and affiliates and each, every and all persons acting by, through, under or in concert with any of them (collectively, “Released Parties”) from any and all claims, demands, rights, promises, losses, injury, costs, expenses, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
30. Member shall ensure that all Member’s family members and guests who access and use the Range are knowledgeable regarding such photographs and recordings.
31. This Agreement does not constitute a license for the exclusive use of any portion of the Range by Member, or any of Member’s family members or guests. Member acknowledges that Riflegear and others access and use the Range.
32. The Parties acknowledge that, in accessing and using the Range: (a) they are in the position of a membership agreement with respect to each other; (b) this Agreement is not a lease or other interest in real property and Member acknowledges that, by the access to or use of the Range, Member has not acquired and will not acquire hereafter any rights or interest in or to the Range nor shall Member obtain any right or claim to the continued use of the Range beyond that specifically given in this Agreement; and (c) this Agreement is not a contract of employment. Nothing contained in this Agreement shall be construed to create a partnership, agency or joint venture between Member and Riflegear or to authorize Member or Riflegear, or either of them, to act as a general or special agent of the other party in any respect, except as may be specifically set forth in this Agreement.
33. To the fullest extent permitted by law, Member shall indemnify and hold harmless the Released Parties, from and against any and all claims, liabilities, damages, losses, injury, death, costs, and expenses, including but not limited to amounts paid in satisfaction of judgments, compromises, and settlements, fines, penalties, reasonable attorney’s fees and costs, and expenses of investigating or defending against any claim or alleged claim of any nature whatsoever, known or unknown, liquidated or unliquidated, that are incurred by Riflegear and arise out of any act, omission or violation by Member or any of Member’s family members or guests who access and/or use the Range, or anyone claiming to be acting under Member’s direction or control or on Member’s behalf, during, in connection with, or incident to or arising out of the performance of this Agreement or any of the activities in connection therewith. The provisions of this section shall survive the expiration or termination of this Agreement.
34. It is the intent of the Parties that Member will indemnify, defend, and hold harmless, as set forth in the Paragraph immediately above, regardless of the existence or degree of fault or negligence, whether active or passive, sole or concurrent, on the part of Riflegear or anyone acting under Riflegear’s direction or control or on Riflegear’s behalf. This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be unenforceable and void only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.
35. Member hereby, on behalf of Member and Member’s family members, guests, heirs, executors, administrators, successors, as well as legal and personal representatives, generally and unconditionally and irrevocably release and discharge the Released Parties and agree not to sue, or otherwise initiate legal, equitable or similar action or to otherwise file a complaint or other action for controversy resolution or otherwise seek losses, costs or expenses of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, including without limitation, wrongful death, and any and all personal injuries, known or unknown, and death and/or personal injuries to third parties, and injuries to property, real or personal, known or unknown, against any of the Released Parties, caused by any reason whatsoever related to Member’s actions or inactions at or about the Range. This general release shall pertain to any claims which were known or unknown, anticipated or unanticipated at the time of the execution of this Agreement, including any information of any nature which, if known by Member on the date of said execution, may have materially affected Member’s decision to execute this Agreement and specifically this general release. Member acknowledges and agrees that by reason of this general release, Member is assuming all risk of bodily injury, death or property damage and all other unknown and unanticipated claims, and agree that this general release of all Released Parties contained herein applies thereto. In connection therewith, Member hereby expressly waives whatever rights Member may have under applicable law regarding a general release not extending to claims that the party releasing does not know or suspect to exist in his/her favor at the time of executing such release, which if known by him/her must have materially affected his/her settlement with the released party.
36. The exercise of any rights by Riflegear pursuant to this Agreement shall be exercised at Riflegear’s sole and absolute discretion.
37. This Agreement is intended to be performed in accordance with, and only to the extent permitted by all applicable laws, ordinances, rules, and regulations. If for any reason any provision of this Agreement shall be deemed by a court of competent jurisdiction to be legally invalid or unenforceable in any respect, the validity and enforceability of the remainder of the Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.
38. Any delay or failure of Riflegear to require performance, or failure to insist upon strict compliance with any of the terms, covenants, conditions or provisions of this Agreement shall not constitute or be deemed a waiver of such term, covenant, condition or provision, nor shall any waiver or relinquishment of any right or power hereunder at any one time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. Any waiver granted must be in writing to be effective and shall apply solely to the specific instance expressly stated.
39. Memberships are non-transferrable, not redeemable for cash/credit, and cannot be sold or proxied. Member may not, voluntarily or by operation of law, assign, or otherwise transfer or encumber this Agreement or any part thereof.
40. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective legal representatives, successors and permissible assigns.
41. Except as may be expressly contemplated in this Agreement, the Parties do not intend to confer, and this Agreement shall not be construed or deemed to confer, any rights or benefits to any person or entity other than the Parties to this Agreement.
42. Member shall strictly comply with all applicable federal, state and local laws, ordinances, codes, regulations, and guidelines. In the event of any changes in any such applicable laws, ordinances, codes, regulations or guidelines, the parties shall use all reasonable efforts, to the extent required, to revise this Agreement to conform and comply with such changes. Member shall be liable and solely responsible for paying for all damages, fines, costs, and expenses caused by the violation of any applicable federal, state and local laws, ordinances, codes, regulations and guidelines.
43. The validity, performance, construction, and interpretation of this Agreement and all disputes hereunder shall be governed by the laws of the State of Texas with respect to agreements entered into and to be performed entirely within the State of Texas, excluding any laws that direct the application of another jurisdiction’s laws. The County of Denton shall be the exclusive venue for all disputes between the parties arising under this Agreement and in any action in which suit thereon is filed.
44. If any legal action at law or in equity, or any arbitration proceeding, is brought for the interpretation or enforcement of this Agreement or any part hereof, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in that action or arbitration proceeding, in addition to any other relief to which it may be entitled.
45. Neither Party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service deemed to result, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failure of transportation, strikes or other work interruptions by either Party’s employees, or any other similar cause beyond the reasonable control of either Party unless such delay or failure in performance is expressly addressed elsewhere in this Agreement.
46. This Agreement, together with the Range Rules and Range Waiver, which are hereby incorporated by reference, constitutes the sole and entire Agreement between Riflegear and Member regarding the subject matter hereof. Riflegear reserves the right to revise same, from time to time, by delivering to the Member a written copy of the revised version via email.
47. This Agreement supersedes any and all prior understandings of whatsoever kind or nature, whether written or oral, existing between or among the Parties regarding the subject matter hereof. No oral statements, representations, or prior written materials shall be of any force or effect, except as they may be specifically set forth herein. All prior or concurrent negotiations, agreements, and understandings, whether oral or written, regarding the subject matter of this Agreement are hereby revoked, canceled and rescinded, and are all merged herein and suspended hereby.
48. Each signatory represents that he/she is fully authorized and of sound mind and physical condition to enter into and comply with the terms and conditions of this Agreement and to legally bind the party on whose behalf the signature is proffered. Each Party has caused this Agreement to be executed by its respective duly authorized representative.
49. All notices to Riflegear shall be delivered by Member via email to [email protected].
The Member hereby agrees to the following Riflegear Range (“Range”) terms and conditions.
1. No application for membership shall be effective until: (a) the application is completed and signed by the applicable Member and submitted to Riflegear with the required membership fee, (b) the first twelve (12) months dues are paid in full, (c) a payment authorization is signed and delivered to Riflegear providing for payment of the annual membership dues to be kept on file for renewal purposes, subject to cancellation of membership as set forth herein, and (d) the application is approved and accepted by Riflegear. Access to the Range will only be available to Members who have completed the Range orientation.
2. Membership is available to all persons who are legally able, at any time during the period of membership, to purchase and possess a firearm. Members must satisfy all federal, state, and local laws regarding firearms ownership at all times during any membership period.
3. Memberships are offered on a twelve (12) month basis commencing the date of the initial payment against the applicable membership.
4. Riflegear membership cards, if any, are and shall remain the property of Riflegear. The replacement fee for any lost or damaged membership card is $10 per card.
5. Membership fees and benefits are subject to change at any time at the sole discretion of Riflegear. The Member will be notified of these changes through email at the most current email address the Member has provided Riflegear. The burden of responsibility falls upon the Member to ensure that RifleGear has a current e-mail address on file.
6. Membership fees shall be earned in full upon receipt and shall be non-refundable in the event of termination of the Membership by Riflegear for any reason or in the event of your cancellation of the Membership except as set forth herein.
7. Memberships will automatically renew upon the expiration date of the then-current membership period. The burden of responsibility falls upon the Member to ensure that RifleGear has current payment information and a current e-mail address on file in order to renew the membership. Members will receive an automatic renewal notice via email thirty (30) days before the expiration date of the then-current membership period. In the case of a failed automatic payment, the Member will be notified via email and the applicable membership will be disabled until all payments for the renewed membership have been paid in full.
8. Cancellation can take place anywhere in the membership cycle (excluding Pro Lifetime). Cancellation of the membership (excluding Pro Lifetime) may be requested by written notice only to Riflegear at [email protected]. Cancellation notices must be received by Riflegear more than thirty (30) days in advance of the automatic renewal date of the applicable membership in order to guarantee that the membership will not automatically renew.
9. If the cancellation notice is received on or before the 15th day of any month, the cancellation shall be effective as of the last day of such month. If the notice is received after the 15th day of any month, the cancellation shall be effective on the last day of the next month. The cancellation fee will take the total yearly amount of the membership and divide it by twelve (12) months. This total will be multiplied by the number of months remaining in the membership after the effective date of cancellation. The Member will then pay fifty percent (50%) of that total remaining amount. For example, $750 membership = $62.50 “per month” X 4 months remaining unused = $250 total; in that example, the Member would pay $125 as a cancellation fee.
10. At Riflegear’s sole discretion. the cancellation fee may be waived for members of the military who are deploying or being stationed elsewhere. Proof must be provided to Riflegear in this instance as may be requested by Riflegear.
11. Pro Lifetime memberships cannot be cancelled and are non-refundable (except as maybe expressly set forth herein).
12. If the Member would like to upgrade their membership from one level to the next, the Member must submit written notice to [email protected]. Riflegear will cancel the current membership with no cancellation fee required and start the Member on a new twelve (12) month period the membership level to which they wish to change. The change in membership shall be effective as of the first day of the month following the month in which the change in membership notice was received by Riflegear. Any additional membership fees due to an upgraded membership shall be due and payable in full by the end of the month in which the change in membership notice was received by Riflegear. Store credit shall be issue for any difference in membership fees due to a downgraded membership level, which credit shall be issued by the end of the month in the change in membership level notice was received by Riflegear.
13. Member guest passes, firearm cleanings, private lessons, and other membership benefits shall be issued on the day the membership commences and will be valid for twelve (12) months. Membership benefits will expire at the expiration of the twelve (12) month period and will not roll over into the next, if any, twelve (12) month period of a membership.
14. All rights and benefits provided by the membership shall be valid at the Riflegear store located in The Colony, Texas.
15. Membership use and access authorization to the Range shall be used only by the Member that signs this Agreement (and each authorized family member in the case of a Family Membership) and cannot be used by any other party. Riflegear reserves the right to ask for identification in conjunction with the Member’s membership. Member guests shall always be accompanied by Members and shall have no right to access and/or use the Range without the Member present except in the case of a guest using a guest pass issued to them by a Member.
16. Each Member shall ensure that all Member’s family members and guests who access and use the Range are knowledgeable regarding the proper use of weapons and the Range, and that, by professional standards, all shooting equipment, ammunition and all corresponding items to be used on the Range by all such persons shall at all times be in good working condition and suitable for shooting contemplated by this Agreement. Members understands that hearing and eye protection (even while using a scope) are always mandatory at all shooting areas of the Range for all persons. Member further agrees that Member, and Member’s family members and guests, shall not, fire or discharge any firearm or gun except in areas so designated by Riflegear. Member, and Member’s family members and guests, shall provide and bear the cost of (i) all supplies and/or equipment necessary for shoots and/or training and (ii) all ammunition and weapons necessary for shoots and/or training. Any and all rental guns used at the Range shall be fired using ammunition purchased in-store at Riflegear.
17. Member acknowledges that engaging in shooting can be dangerous and that no matter what precautions a person may take, including but not limited to the wearing of various types of protective gear (including hearing and eye protection), that injury of a very serious nature and/or death could occur as a result of an accident or incident. Member, on behalf of Member and its family members and guests, hereby assumes any and all responsibilities and liabilities pertaining to such risks, whether to Member or to others and without limitation or qualification. Member agrees that there have not been any express or implied representations made by on behalf of Riflegear except as expressly set forth in this Agreement.
18. Member is jointly and severally responsible for the actions, or lack of actions, of their family members and guests, including but not limited to property damage, safety violations, injuries, claims and losses.
19. The current “Range Rules” and “Range Waiver” are in effect and Member hereby acknowledges same. All Members, as well as family members and guests thereof, must review the Range Rules and sign the Range Waiver.
20. Riflegear employs Range Masters/Officers who are responsible to oversee and control the proper access to and use of the Range and as well as enforcing the Range Rules. The commands and instructions of the Range Masters/Officers shall be immediately obeyed without question by all persons.
21. All accidents and injuries shall be immediately reported to the Range Master/Officer.
22. Any tampering or destruction of Riflegear property by a Member, or a family member or guest thereof, constitutes grounds for removal, cancellation of membership, prosecution, damages, or other remedies available at law or in equity.
23. At Riflegear’s sole discretion, Riflegear reserves the right to restrict or deny access and/or use by any person to the Range or any part thereof at any time for any reason. Decisions made by any Riflegear staff regarding restriction or expulsion from the Range are final and binding, and Riflegear is not obligated to offer any refund or discount or any other type of compensation as a result thereof.
24. Member shall not conduct any classes or private lessons to any person, or host any event, for profit.
25. The Range shall be used for the sole purpose of personal firearms training and practice and for no other purpose without the express prior written consent of Riflegear, which consent may be withheld or conditioned in the sole discretion of Riflegear.
26. If a Member desires to sponsor a shooting match, competition or other event at the Range, Member shall deliver to Riflegear, at least thirty (30) days prior to the desired date of the event, an email request setting forth the type of activity, the number of participants, and the weapons and ammunition desired to be used. Based on the written request, Riflegear, at its sole discretion, shall approve or disapprove the request. Riflegear reserves the right to impose conditions relating to the requested event which Member must always satisfy. Riflegear further reserves the right of any person to refuse the access to and use of the Range.
27. By agreeing to this document and providing your email, you are agreeing to be opted-in to our email list and receive emails from Riflegear.
28. All activities on the Range may be photographed and/or recorded at any and all times. Member grants Riflegear the irrevocable right and authorization to use photographs and/or recordings of Member and Member’s family members and guests on the internet and in publications, promotional flyers, educational materials, derivative works, or other media, or for any other purpose without compensation and/or liability to any such person. Member waives the right to approve the final product thereof. Member agrees that all such photographs and recordings, and any reproductions thereof, and all plates, negatives, tape and/or digital files thereof are and shall remain the exclusive property of Riflegear at all times.
29. Member hereby releases, acquits and forever discharges Riflegear and its successors, assigns, owners, members, managers, officers, directors, shareholders, employees, agents, representatives, attorneys, independent contractors, subsidiaries, and affiliates and each, every and all persons acting by, through, under or in concert with any of them (collectively, “Released Parties”) from any and all claims, demands, rights, promises, losses, injury, costs, expenses, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
30. Member shall ensure that all Member’s family members and guests who access and use the Range are knowledgeable regarding such photographs and recordings.
31. This Agreement does not constitute a license for the exclusive use of any portion of the Range by Member, or any of Member’s family members or guests. Member acknowledges that Riflegear and others access and use the Range.
32. The Parties acknowledge that, in accessing and using the Range: (a) they are in the position of a membership agreement with respect to each other; (b) this Agreement is not a lease or other interest in real property and Member acknowledges that, by the access to or use of the Range, Member has not acquired and will not acquire hereafter any rights or interest in or to the Range nor shall Member obtain any right or claim to the continued use of the Range beyond that specifically given in this Agreement; and (c) this Agreement is not a contract of employment. Nothing contained in this Agreement shall be construed to create a partnership, agency or joint venture between Member and Riflegear or to authorize Member or Riflegear, or either of them, to act as a general or special agent of the other party in any respect, except as may be specifically set forth in this Agreement.
33. To the fullest extent permitted by law, Member shall indemnify and hold harmless the Released Parties, from and against any and all claims, liabilities, damages, losses, injury, death, costs, and expenses, including but not limited to amounts paid in satisfaction of judgments, compromises, and settlements, fines, penalties, reasonable attorney’s fees and costs, and expenses of investigating or defending against any claim or alleged claim of any nature whatsoever, known or unknown, liquidated or unliquidated, that are incurred by Riflegear and arise out of any act, omission or violation by Member or any of Member’s family members or guests who access and/or use the Range, or anyone claiming to be acting under Member’s direction or control or on Member’s behalf, during, in connection with, or incident to or arising out of the performance of this Agreement or any of the activities in connection therewith. The provisions of this section shall survive the expiration or termination of this Agreement.
34. It is the intent of the Parties that Member will indemnify, defend, and hold harmless, as set forth in the Paragraph immediately above, regardless of the existence or degree of fault or negligence, whether active or passive, sole or concurrent, on the part of Riflegear or anyone acting under Riflegear’s direction or control or on Riflegear’s behalf. This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be unenforceable and void only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.
35. Member hereby, on behalf of Member and Member’s family members, guests, heirs, executors, administrators, successors, as well as legal and personal representatives, generally and unconditionally and irrevocably release and discharge the Released Parties and agree not to sue, or otherwise initiate legal, equitable or similar action or to otherwise file a complaint or other action for controversy resolution or otherwise seek losses, costs or expenses of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, including without limitation, wrongful death, and any and all personal injuries, known or unknown, and death and/or personal injuries to third parties, and injuries to property, real or personal, known or unknown, against any of the Released Parties, caused by any reason whatsoever related to Member’s actions or inactions at or about the Range. This general release shall pertain to any claims which were known or unknown, anticipated or unanticipated at the time of the execution of this Agreement, including any information of any nature which, if known by Member on the date of said execution, may have materially affected Member’s decision to execute this Agreement and specifically this general release. Member acknowledges and agrees that by reason of this general release, Member is assuming all risk of bodily injury, death or property damage and all other unknown and unanticipated claims, and agree that this general release of all Released Parties contained herein applies thereto. In connection therewith, Member hereby expressly waives whatever rights Member may have under applicable law regarding a general release not extending to claims that the party releasing does not know or suspect to exist in his/her favor at the time of executing such release, which if known by him/her must have materially affected his/her settlement with the released party.
36. The exercise of any rights by Riflegear pursuant to this Agreement shall be exercised at Riflegear’s sole and absolute discretion.
37. This Agreement is intended to be performed in accordance with, and only to the extent permitted by all applicable laws, ordinances, rules, and regulations. If for any reason any provision of this Agreement shall be deemed by a court of competent jurisdiction to be legally invalid or unenforceable in any respect, the validity and enforceability of the remainder of the Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.
38. Any delay or failure of Riflegear to require performance, or failure to insist upon strict compliance with any of the terms, covenants, conditions or provisions of this Agreement shall not constitute or be deemed a waiver of such term, covenant, condition or provision, nor shall any waiver or relinquishment of any right or power hereunder at any one time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. Any waiver granted must be in writing to be effective and shall apply solely to the specific instance expressly stated.
39. Memberships are non-transferrable, not redeemable for cash/credit, and cannot be sold or proxied. Member may not, voluntarily or by operation of law, assign, or otherwise transfer or encumber this Agreement or any part thereof.
40. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective legal representatives, successors and permissible assigns.
41. Except as may be expressly contemplated in this Agreement, the Parties do not intend to confer, and this Agreement shall not be construed or deemed to confer, any rights or benefits to any person or entity other than the Parties to this Agreement.
42. Member shall strictly comply with all applicable federal, state and local laws, ordinances, codes, regulations, and guidelines. In the event of any changes in any such applicable laws, ordinances, codes, regulations or guidelines, the parties shall use all reasonable efforts, to the extent required, to revise this Agreement to conform and comply with such changes. Member shall be liable and solely responsible for paying for all damages, fines, costs, and expenses caused by the violation of any applicable federal, state and local laws, ordinances, codes, regulations and guidelines.
43. The validity, performance, construction, and interpretation of this Agreement and all disputes hereunder shall be governed by the laws of the State of Texas with respect to agreements entered into and to be performed entirely within the State of Texas, excluding any laws that direct the application of another jurisdiction’s laws. The County of Denton shall be the exclusive venue for all disputes between the parties arising under this Agreement and in any action in which suit thereon is filed.
44. If any legal action at law or in equity, or any arbitration proceeding, is brought for the interpretation or enforcement of this Agreement or any part hereof, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in that action or arbitration proceeding, in addition to any other relief to which it may be entitled.
45. Neither Party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service deemed to result, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failure of transportation, strikes or other work interruptions by either Party’s employees, or any other similar cause beyond the reasonable control of either Party unless such delay or failure in performance is expressly addressed elsewhere in this Agreement.
46. This Agreement, together with the Range Rules and Range Waiver, which are hereby incorporated by reference, constitutes the sole and entire Agreement between Riflegear and Member regarding the subject matter hereof. Riflegear reserves the right to revise same, from time to time, by delivering to the Member a written copy of the revised version via email.
47. This Agreement supersedes any and all prior understandings of whatsoever kind or nature, whether written or oral, existing between or among the Parties regarding the subject matter hereof. No oral statements, representations, or prior written materials shall be of any force or effect, except as they may be specifically set forth herein. All prior or concurrent negotiations, agreements, and understandings, whether oral or written, regarding the subject matter of this Agreement are hereby revoked, canceled and rescinded, and are all merged herein and suspended hereby.
48. Each signatory represents that he/she is fully authorized and of sound mind and physical condition to enter into and comply with the terms and conditions of this Agreement and to legally bind the party on whose behalf the signature is proffered. Each Party has caused this Agreement to be executed by its respective duly authorized representative.
49. All notices to Riflegear shall be delivered by Member via email to [email protected].