POINT BLANK RANGE, MATTHEWS
RANGE MEMBERSHIP TERMS AND CONDITIONS
The following Terms and Conditions shall apply to all Memberships issued by Point Blank Range Matthews LLC (“PBR”) for monthly, annual, and Patriot Gun Club range memberships at Point Blank Range in Matthews, NC. 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, as set forth herein. Any reference to “Members” shall mean the Primary Member and any of his or her family members 21 years of age or older entitled to membership benefits under the Family Membership.
- MEMBERSHIP REQUIREMENTS. No Application for membership shall be effective until: (a) the Application is completed and signed by the Primary Member and submitted to PBR, (b) the required Membership Fee has been paid, (c) a Payment Authorization is signed and delivered to PBR for payment of the Monthly Dues or the Dues have been paid in full, (d) the Primary Member (and each family member 21 years of age or older desiring Range privileges, in the case of a Family Membership) provides evidence that they are qualified to purchase a handgun (i.e., North Carolina Concealed Handgun Permit, North Carolina Pistol Purchase Permit, law enforcement ID, a recent receipt for the purchase of a firearm), and (e) the Application is approved and accepted by PBR. Access to the Range will only be available to Patriot Gun Club Members who have completed the Range Orientation, and any one of the following courses: NRA First Steps Pistol, Beginner Handgun Fundamentals, or Defensive Handgun I.
- MEMBERSHIP TERM. The Monthly Membership shall continue for one month from the commencement date and may be renewed by the Primary Member upon payment of the then applicable monthly Membership Dues. The Annual Membership shall commence on the Commencement Date set forth above and shall continue until terminated by PBR or cancelled by the Primary Member as provided herein. If the Annual Membership is not terminated or cancelled, it shall automatically renew on the anniversary date for an additional one-year term (the “Renewal Term”), at the then applicable Annual Membership Dues.
- MEMBER’S RIGHT TO CANCEL. You may cancel an Annual Membership at any time following the first anniversary of the Commencement Date of the Membership by sending written notice to PBR as provided herein. If the notice is received on or before the 15th day of any month, the cancellation shall be effective on the last day of the following month. All membership fees and monthly dues are paid in advance, are earned in full upon receipt and shall not be refundable in the event of your cancellation of the Membership or termination of the Membership by PBR for any reason.
- PBR’S RIGHT TO TERMINATE. PBR may terminate your Membership at any time for failure to keep an active credit card or debit card on file for payment of the applicable Membership dues on the due date or following any breach or violation of these Terms and Conditions or other Rules of the Range by you or any of your family members or guests, or for any conduct which, in the opinion of management of PBR in its sole discretion, is prejudicial to the welfare, good order, and character of the Range, by sending written notice to you.
- CHANGES IN THE TERMS AND CONDITIONS OF MEMBERSHIP. PBR reserves the right, in its sole discretion, to discontinue operation of the Range/Club or to modify these Terms and Conditions of Membership, 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 Terms and Conditions of Membership are posted to the PBR web-site or as otherwise communicated to the Members.
- CHANGES IN THE MEMBERSHIP BENEFITS. PBR 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 PBR’s web-site or as otherwise communicated to the Members. Such changes shall be effective on the date such revised Membership benefits are posted to the web-site or communicated to the Members.
- FAMILY MEMBERSHIPS. A Family Membership shall grant membership privileges to the Primary Member identified on the Application and his or her spouse and unmarried children under the age of 26 living in the Primary Member’s home or attending school on a full time basis, subject to the limitations set forth herein, including limitations on access and limitations on the privileges of any family members under 21 years of age. To qualify for membership, each family member must meet all conditions of membership, and a Parent/Guardian Release of Liability must be signed and on file with PBR for children under 18 years of age prior to their use of the Range. Any child under 21 years of age that is brought to the Range, either as a family member or as a guest, shall be allowed to accompany the Primary Member or his or her spouse in the Range, provided they remain under their direct supervision at all times. Any child between the ages of 8 and 12 may shoot in the Range, provided that the Primary Member or his or her spouse stays in the shooting booth with the child at all times. Any child between the ages of 8 and 12 may only shoot a .22 caliber firearm, without the prior consent of the PBR Range Safety Officer on duty. PBR reserves the right, from time to time, to limit the use of the Range by children under the age of 21 during peak periods of Range use.
- PAYMENT OF DUES; OTHER CHARGES. The Monthly or Annual Membership Dues shall initially be in the amount set forth on the Application, and may be increased or decreased at any time by PBR in their sole discretion. Any Membership renewals shall be at the then applicable rates. PBR may also change any other charges applicable to services provided to Members at any time. The monthly Membership Dues are payable, in advance, on the Commencement Date of the monthly Membership. The Annual Membership Dues are payable by a recurring charge to your credit card or an ACH debit on your bank account, beginning on the first day of the month following the Commencement Date of the Annual Membership and continuing on the first day of each month thereafter until the membership is cancelled or terminated pursuant to the terms hereof, as provided in the Payment Authorization executed by you and delivered to PBR with this Application. You may change the terms of the Payment Authorization by submitting a new Payment Authorization to PBR at least 15 days before the effective date of the change. It is the Member’s responsibility to make sure a valid Payment Authorization is on file at all times, and that a new Payment Authorization is submitted any time the applicable bank account or credit card account information is changed. The Annual Membership Dues may, at your option, be paid annually in advance (12 months of dues), with a discount established from time to time by PBR if paid in cash or by check. If Annual Membership Dues are paid at any time in this manner, the Annual Membership may be renewed, at your option, prior to the anniversary date of the expiring Membership, by paying 12 months of Membership dues (with a discount for cash or check) or by submitting a completed Payment Authorization to commence monthly credit card or ACH debit payments. If the Annual Membership is not renewed in this manner, it shall terminate and may only be started again upon payment of the applicable Initial Membership Fee.
- LATE CHARGES. It is your responsibility to ensure that the method of payment set forth in the most recent Payment Authorization provided to PBR remains a valid method of payment. In the event of a cancellation or change in the account information associated with any credit card or bank account, you must provide a new Payment Authorization no less than 15 days prior to the next payment due date. In the event any ACH or credit card charge is declined or returned, you will be responsible for a processing fee of $25.00 in addition to payment of the unpaid dues, for each month that the dues are not paid pursuant to a new Payment Authorization. In addition to charging the processing fee, PBR reserves the right to immediately limit or terminate any delinquent Memberships.
- RANGE/CLUB AND RANGE RULES. PBR 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 PBR web-site. You acknowledge and agree to follow the Rules at all times, and to insure that your guests and family members follow such rules. Any violation of the Rules by you or your guests or family members shall be grounds for immediate suspension or termination of all of a portion of your Membership privileges.
- GUEST POLICY. An Individual Membership shall only cover Membership privileges for the Primary Member. A Family Membership shall only cover Membership privileges for the Primary Member and the qualifying family members as set forth herein who are approved by PBR. Any other persons accompanying a Member in the Range shall be considered a guest. You may bring guests to the Range provided they complete the Range Orientation, sign the Range Waiver Form and pay any applicable fees. Each Annual Member may be granted one or more Guest Passes as a benefit of Membership, as set forth from time to time on the PBR web-site. Other than guest visits under a Guest Pass, each guest will be required to pay the daily rate then in effect. You are responsible for supervising your guests at all times they are on the PBR premises, and for any damages to the premises or Range caused by your guests.
- USE OF FACILITIES. PBR agrees to provide access to the Range during the normal business hours of the Range. You acknowledge and agree that the Range is not provided for the exclusive use of the Range Members and their guests. From time to time, PBR may host events, manufacturer promotions, private rentals, marketing and other events in the Range. All such events and any scheduled maintenance requiring closure of the Range may limit availability of the Range.
- USE OF CLUB FACILITIES. PBR agrees to provide access to the Club Lounge and the Range bay connected to the Club Lounge during the normal business hours of the Range and after normal business hours under the Club’s Shooting After DarkTM program, subject to the provisions hereof and any Rules now in force or hereafter promulgated by PBR management. You acknowledge and agree that the Club Lounge and Range are not provided for the exclusive use of the Club Members and their guests. From time to time, PBR may host internal Club events, manufacturer promotions, private rentals, marketing and other events in the Club Lounge and Range during and after normal business hours of the Range. All such events and any scheduled maintenance requiring closure of the Club Lounge or Range shall be communicated to the Members in advance by e-mail and/or by posting on the Club bulletin board.
- 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 or guests on the PBR premises, including damage resulting from shooting the target carrier (intentionally or unintentionally) or damage to any furniture or furnishings in the PBR premises. 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 automobile on the PBR premises. You hereby release and hold harmless PBR, its affiliate PBR Realty LLC, and each of their respective members, managers, officers, employees, and agents (the “PBR 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, your family members and guests. In no event will any PBR Affiliates have liability for any indirect, incidental, special, consequential or punitive damage, even if advised of the possibility of such damages.
- By execution of the Application and use of PBR facilities, you agree to defend, indemnify and hold harmless the PBR Affiliates from and against any claims, lawsuits, damages, liabilities, expenses or costs the PBR Affiliates may incur, including attorneys fees of counsel acceptable to PBR (“Claims and Damages”), arising out of or resulting from the acts or omissions of you, your family members or guests. Moreover, you agree to defend, indemnify and hold harmless the PBR Affiliates from and against any Claims and Damages arising out of or resulting from claims asserted against PBR Affiliates by your family members and/or guests.
- ASSUMPTION OF THE RISK. You acknowledge and agree that the indoor firing range operated by PBR 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 PBR and using its facilities. In consideration of the use of PBR facilities by you, your family members and guests, you hereby accept and assume full responsibility for any and all injuries, losses or damages sustained or incurred by you, your family or guests resulting from or arising out of any activity or event occurring on the PBR premises, and release in full and forever discharge the PBR 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 the PBR premises.
- COMMUNICATION AND NOTICES. All communications between you and PBR shall be by e-mail or personal delivery. Accordingly, as a condition to your Membership, you are required to maintain a valid e-mail account at all times. Any failure to maintain a valid e-mail account shall be grounds for termination of your Membership. The e-mail address of the Primary Member as set forth on the Application or the e-mail address registered with PBR for purposes of PBR’s mailing list subscription shall be used by PBR to communicate with you. Any of your correspondence or notices required hereunder shall be sent to Matthews@PointBlankRange.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.
- 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 PBR. It is the policy of PBR to accept applications for Membership from any individual, couple, facility or business that meets the requirements established from time to time by PBR, without regard to race, color, creed, gender, religion or national origin, nor shall such matters ever be made a condition of Membership.
- 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 PBR is given written notice thereof.
- 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 PBR web-site.
- In any dispute relating to non-payment of dues or charges for damage to the PBR premises or personal property by you, your family or guests, you shall be responsible for any attorneys’ fees and/or costs incurred by PBR in enforcing its rights under these Terms and Conditions.
- Any waiver by PBR of any right or obligation hereunder shall be deemed a continuing waiver and no failure by PBR to exercise, in whole or in part, any rights provided to PBR hereunder shall prevent the later exercise of such right or any other right. No waiver by PBR shall be effective unless such waiver is in writing and signed by PBR.
- 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.
- 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 State of North Carolina.