Membership Agreement

This Club Membership Agreement (“Agreement”) is between the undersigned Club Member (“Member”) and Tap Rack Bang Indoor Shooting Range, LLC dba The Gun Range (“TGR”) and is effective on the date it is signed by all parties.

Club Member and TGR are each referred to herein as “Party” and collectively as the “Parties.” This Agreement is sought by the Member for the purpose of using the facilities, services, and amenities of TGR with the special member considerations and privileges as set forth herein.

Accepting that a membership granting the right to use the facilities at Tap Rack Bang Indoor Shooting Range, LLC dba TGR, has substantial and significant value and the value is enhanced by reasonable membership and use rules and in consideration of the mutual promises and agreements contained herein and other consideration the receipt and sufficient of which are hereby acknowledged, the Parties do hereby agree as follows:

1. “Member” is defined as you, your accompanied spouse, accompanied members of your immediate family under the age of eighteen (18), who reside with you, and your Guests as defined herein.  All “Couples Memberships” extend Member privileges to a “Primary Member,” and the legal spouse of the Primary Member.    All “Family Memberships” extend Member privileges to a “Primary Member,” the legal spouse of the Primary Member, and the immediate children of the Primary Member or the Primary Member’s Spouse, who are under eighteen (18) years of age and not married and whose legal residence is that of the Primary Member. All “Corporate Memberships” extend Member privileges to a “Primary Member”, and the individuals identified by the Primary Member, who must be at or above the age of eighteen (18) years of age.
2. Family members over the age of eighteen (18) must be signatories to the Member Agreement. All Corporate Members over the age of eighteen (18) must be signatories to the Member Agreement and All Guests must be signatories of the Waiver, Release, Assumption of Risk(s), and Indemnity Agreement; Range Code of Conduct; Range Rules and Policies; Privacy Policy, which are all conveniently located on this single document; broken down into individual sections. Minors (under the age of eighteen (18) years of age), who are Family Members must be accompanied at all times by a Member parent(s) who is a signatory to this Agreement.
3. All charges incurred by Member’s family or guests under this provision will be billed to the Member’s or Primary Member’s Account.
4. The facilities at TGR are available for use by all Members, Guests, private citizen groups, and the general public. Memberships are available to provide preferred access, discounts for merchandise, services and facility use, and other benefits as set forth by TGR’s owner and staff members.Members and their Guests must read and agree to the Waiver, Release, Assumption of Risk(s), and Indemnity Agreement; Range Code of Conduct; and Range Rules and Policies, and our Privacy Policy. Each year hereafter, Members and all other range users must sign an updated Waiver, Release, Assumption of Risk(s), and Indemnity Agreement; Range Code of Conduct; Range Rules and Policies; Privacy Policy on the anniversary of the start of their Membership.
5. The Member accepts the personal responsibility to stay informed and to inform their Family Members and any Guests of any relevant updated firearms safety issues, applicable Texas law, and TGR facilities use policies and procedures.
6. Membership is subject to the Terms and Conditions stated herein and such future changes as are incorporated as set forth above. Membership is granted, and may be revoked, at the sole discretion of TGR. By accepting this Agreement, and completing the application process, Member, Spouse, and Member’s immediate family if applicable, acknowledge and agree to the Membership and agree to do so upon the terms, and subject to the conditions, below.
7. TGR reserves the right, in its sole discretion and at any time, to make changes to this agreement, Waiver, Release, Assumption of Risk(s), and Indemnity Agreement; Range Code of Conduct; Range Rules and Policies; Privacy Policy, and other policies and procedures concerning the use of its facilities, services, and/or amenities. All changes will become effective when notice of the updated Agreement (or applicable rule, policy, code, or procedure) is sent to Members by mail, by email, is posted on TGR’s website, and/or publicly posted in a conspicuous place at the physical premises of TGR, whichever occurs first. In the event a member does not accept any proposed changes, upon the Member making it known in writing to TGR, that the Member (Resigning Member) does not accept any or a portion of the posted changes wishes to terminate the Agreement, the Resigning Member must return all membership cards of him/herself and any other members or family members that are attached to the Primary Member’s Agreement to TGR. TGR will not issue any refunds for any accounts that are paid in full. All fees paid by the Member will be forfeited. If a Member is paying for membership in monthly payments, the last payment will be deducted from the Member’s account within the next thirty (30) days. A Resigning Member who is not current on their membership fees at the time of resignation, will be notified by either call, text, email, mail, or in person of their balance, and will be given 30 days to pay the balance before the account is sent to collections.
8. As part of the consideration for membership, the Member hereby agrees that an Annual Membership lasts for not less than twelve (12) months. The Member further agrees that the cost for the Annual Club Access is $600.00 plus tax which includes the monthly maintenance and range access fees. Annual membership fee may be paid in full or if the Member is in good standing, the membership fee may be paid in twelve equal monthly installments, of $50.00 per month, plus tax with the first payment due on the date of signing and eleven equal payments made on the same day of each consecutive month thereafter (the “Initial Membership Term”). The Member agrees that this Agreement shall renew on the anniversary of the signing of this document into a monthly membership, which will automatically renew each month until terminated as set forth in this Agreement. The Member agrees that after twelve (12) monthly consecutive payments have been paid, the monthly rate will increase 5% on each annual anniversary to cover the cost of inflation rate. The Member agrees that the Agreement will automatically renew each month until terminated as set forth in this Agreement.
9. As part of the consideration for membership, the Member hereby agrees that a Monthly Membership lasts for no more than thirty (30) consecutive days. The Member further agrees that the cost for the Monthly Club Access is $55.00 per month, plus tax, which includes the monthly maintenance and range access fees. The Member agrees that this Agreement is set to automatically renew monthly, on the same date of each subsequent month unless terminated as set forth in this Agreement.
10. In the event of litigation to recover sums, dues, and owing, TGR is entitled to recover its costs, including reasonable attorneys’ fees, incurred in collecting sums due under this, or subsequent versions of the Member Agreement.
11. A Member may terminate this Agreement at the expiration of the Initial Membership Term, or at the end of any subsequent Membership Term thereafter, subject to thirty (30) days written notice prior to expiration of that Membership Term.
12. All Memberships are subject to payment of a one-time, non-refundable Initiation Fee, $20.00 per member entering into this agreement. All Memberships are subjected and expected to provide timely payment of fees each month. The Initiation Fee and Membership Fees for each Membership may vary based on special promotions and Membership availability per TGR’s discretion.
13. Membership Fees and benefits may be reviewed and adjusted by TGR at any time. In the event of a Maintenance Fee or an Access Fee change, the Member will be notified at least 60 days prior to the end of the Member’s current membership term with the change to take effect on the first day of the first month of the member’s next Membership Term. Monthly payments will be made by an automatic monthly credit/debit payment from a Visa, MasterCard, American Express, or Discover. Payment may also be made by automatic ACH withdrawal from the Member’s checking account. A $25.00 fee will be assessed for any automatic debit that is rejected.
14. Levels of Membership and Membership Benefits are provided upon requests and are subject to review and adjustment by TGR at any time. Changes to any membership benefits will become effective when made and the updated Agreement (or applicable policy) is posted on TGR’s website.
15. TGR reserves the right to limit the sale of new memberships of any kind, at any time, at its sole discretion.
16. Memberships are Non-Transferrable.
17. Any Member who violates (Violating Member), the Agreement; Waiver, Release, Assumption of Risk(s), and Indemnity Agreement; Range Code of Conduct; Range Rules and Policies; Privacy Policy, or any other policies, in effect at the time, may have the Member’s membership revoked, in which case that member shall be immediately banned from the premises of TGR’s facility, and from using any services or amenities offered at TGR, in addition to participating in any event sponsored solely by TGR. If the Violating Member’s membership is under a Couple or Family membership, only the specific member in violation shall permanently lose privileges, unless the Violating Member is the Primary Member of the Family Membership in which case the entire membership shall be revoked as set forth above.
18. Nothing herein shall prohibit an innocent party whose family membership was revoked, from seeking an individual membership subject to the terms and conditions of the agreement and policies then in effect.
19. In addition to the language set forth above, TGR reserves the right to immediately terminate membership of a member who:
• Is under indictment or has been convicted of a felony;
• Commits a Class A or Class B misdemeanor on the premises of TGR;
• Is convicted of a misdemeanor offense that conviction for which, under Texas Law or Federal Law, results in a bar to the possession of firearms;
• Is ninety (90) days or more delinquent in payment of dues or charges;
• Causes willful or reckless destruction of property belonging to TGR, the Staff, Members, Guests, or other persons on the property;
• Intentionally, knowingly, or recklessly commits a safety violation which places any person at risk of bodily injury;
• While in actual use of the facilities intentionally or knowingly fails to follow the instruction of a Staff member or a Range Safety Officer, relating to safety and/or orderly use of the facilities;
• Is physically or verbally abusive of Staff, Members, Guests, or other person on the property;
• Engages in conduct that is injurious to the reputation of TGR or its Members; or
• Engages in conduct that interferes with the absolute right of TGR to manage the facilities and preserve its financial integrity.
20. The Member understands that TGR may exercise the right to terminate the membership of a Violating Member in its sole discretion, which discretion shall not be abused. In the event a membership is revoked as set forth in this agreement, there shall be no refund to any person of any funds paid by, or on behalf of the Violating Member to TGR, or its affiliates, including but not limited to; initiation fees, maintenance fees, access fees, training fees, class tuition fees, range fees, entry fees, and/or costs.
21. All users of TGR will report violations of state or federal law(s), procedures, policies, code of conduct or range rules to law enforcement and a range safety officer or staff member as appropriate.
22. We take our moral and legal responsibilities as a firearms dealer and training center seriously.
23. We expect you to take your moral and legal responsibilities as an armed citizen seriously.
24. We have the absolute right to refuse service to anyone for any reason.
25. All members, Guests, and other Patrons who are facility users must obey the Range Code of Conduct and the Range Policies and Rules, and must review, agree to the terms of, and sign the Waiver, Release, Assumption of Risk(s), and Indemnity Agreement on an annual basis.
26. All Members, Guests, and other Patrons are subject to the general policies and rules of operation and administration by TGR, which are intended to provide a safe, professional, friendly, and family-oriented atmosphere.
27. Whether or not a violation of the Range Code of Conduct, Range Policies and Rules, or other safety violation occurred, is within the sound discretion of TGR’s personnel. The decision of TGR regarding violations are final.
28. Sanctions and corrections for safety violation up to and including revocation of membership are within the sound discretion of TGR’s personnel.
29. All Guests of Members must be accompanied by that Member to be admitted to the firing line. Members are responsible for all actions taken by their Guests and agree to hold TGR harmless for property damage, accidents, and injuries to or caused by Guests, including death.
30. In addition to other remedies, the cost of repair or loss in value whichever is greater, resulting from damage to TGR’s property, caused by a Member, Guest, or other Patron who are users of the facilities, whether accidental, negligent, willful, or otherwise shall be assessed to the Member, Guest, or user of the facilities who agrees to pay such assessment upon demand.
31. TGR reserves the right to restrict the use of the facilities at certain times for certain events and to schedule events even though regular Member use may be restricted.
32. This Agreement in no way grants or implies any equity interest in TGR’s, voting rights pertaining to range policy, or any privileges not expressed herein. Members further understand and agree that use of the term “Membership” and “Member” does not confer any rights to the ownership or earnings of TGR but is used for a means of structuring membership benefits and levels.
33. Corporate entities may be Members under terms set forth elsewhere.
34. TGR is committed to the privacy of its Members, Guests, and other persons who use its facilities. As part of its operations, TGR, collects personal information about its users, including information collected online, from social media accounts, or from trusted third parties to whom its users have provided information. TGR is not responsible for the privacy practices of any third parties. TGR will never sell, trade, publish, or barter personal private information of its members or guests to any third-party without their express consent. TGR will use Member and guest information only for internal service-related or communication purposes.
35. TGR Members and their Guests agree to allow their photograph to be taken for TGR’s records and identification as well as any promotional use that may benefit TGR. TGR is not responsible for the posting of photographs or pictures by other Members or Guests.
36. Members and their Guests agree that no person shall take or make photographs or video recordings of the facilities, firing line, or shooters on the firing line without the express permission of TGR and also the permission of any shooter to be photographed or recorded. Any photograph or video recording taken without such permission is and shall be the exclusive and sole property of TGR.
37. Members agree that the name “TGR,” and any Logo, Marks, Trade Names, Business Marks, Service Marks, or other business or trade term used by TGR are the exclusive property of TGR and membership in or at TGR does not convey any right or license in any of the same, or right to use such, except to as the right to use or possess items purchased from TGR bearing such marks.
38. By signing this Agreement, Member represents and warrants to TGR that the information provided is current and accurate, and that Member has the necessary rights, power and authority to enter into this Agreement, and to perform the acts required of the Agreement.
39. TGR is committed to the safety of its Members, Guests, and other users of its facilities.YOU UNDERSTAND AND AGREE THAT THE USE OF TGR FACILITIES AND YOUR PROXIMITY TO THE DISCHARGE OF FIREARMS NECESSARILY INVOLVES CERTAIN DANGERS AND RISKS, INCLUDING DEATH, AND TGR SHALL NOT BE LIABLE TO YOU, YOUR FAMILY, OR GUESTS FOR ANY CLAIMS, DEMANDS, INJURIES, DAMAGES, OR ACTIONS ARISING DUE TO INJURY OR DEATH TO YOUR PERSON OR DAMAGE OR LOSS OF YOUR PROPERTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ITS SERVICES AND FACILITIES.
40. Neither TGR, nor any of their owners, managers, employees, agents or representatives shall be liable to Member, Guest, or any other person for any injury, loss, or damage to property or person due to any cause whatsoever, including death. This includes the following, without limitation: (a) any disrepair or defect of the facilities; (b) any acts or omissions of other Members, Additional Members, Guests, or any other person; (c) theft, fire, weather, riot, court, order of governmental authority, war, natural disaster, or other Act of God; or, (d) the negligence of TGR or any of their owners, managers, employees, agents, or representatives, except injury, loss or damage caused by the intentional misconduct of TGR or their managers, employees, agents, or representatives.
41. Member hereby agrees, and by agreement binds his estate to indemnify, defend, and hold harmless TGR, and their owners, managers, employees, agents, and representatives from all claims, losses, and liabilities whatsoever arising out of any injury, loss, or damage to person or property arising out of the use of TGR facilities by Member or his or her Guests, including death. Each Member of TGR shall be liable for any property damage and/or personal injury at TGR, or at any activity or function operated, organized, arranged or sponsored by TGR, caused by him or her, any Guests of the Member, or any family members of the Member. The Member additionally agrees to be responsible for any damages resulting from any violation of this Agreement. Member agrees to be responsible for any claim made by any person due to or arising out of Member’s use of the facilities at TGR, Member’s membership at TGR, any violation of this Agreement by Member, Member’s guests, or Member’s Family, or any misrepresentation made by Member in this Agreement, or any violation of any law or the rights of a third party (including any right of publicity, right of privacy, intellectual property right, or any other proprietary right) that occurs in connection with Member’s use of the TGR Facilities. Member further agrees to indemnify and hold TGR and its subsidiaries, affiliates, officers, members, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, from any person, entity, or estate for any claim or cause whatsoever related or connected to Members Membership at TGR and the use of the Facilities located at TGR.
42. Member agrees that in no event shall Member, Member’s Heirs, Estates, or Assigns regardless of any other language in this agreement be entitled to recover incidental or consequential damages.
43. Member agrees that subject to the agreement to arbitrate set forth below, that venue and jurisdiction of any dispute arising out of this agreement, the use by any person of the facilities of TGR, or the attendance at any event, class, seminar, or function held on the premises or hosted elsewhere by TGR, shall be in the State Courts of Bell County, Texas.
44. The Parties agree that any dispute, controversy, or claim, or counterclaim, other than a claim by TGR for money due and owing,  arising out of the use of the range facilities or relating in any way to this Agreement, TGR, and Parties including their respective owners, managers, employees, agents, attorneys, heirs, estates, assigns, or representatives, including without limitation any dispute concerning any injury, physical harm, psychological harm, loss of companionship, loss of consortium, past or future pain, past or future suffering, past or future medical care or expenses, the construction, validity, interpretation, enforceability or breach of this Agreement shall be exclusively resolved by binding arbitration. A Party, including that Party’s respective owners, managers, employees, agents, attorneys, heirs, estates, assigns, or representatives may submit a dispute, claim, or controversy to arbitration as follows:
• In the event of a dispute, controversy or claim arising out of or relating in any way to this Agreement or as set forth above, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration.
• The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
• This Agreement to arbitrate shall be specifically enforceable.
• The arbitration shall be conducted by one arbitrator. If the Parties are not able to agree upon the selection of an arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the Dallas office of the American Arbitration Association and shall select the arbitrator in accordance with the terms of this Agreement.
• The arbitration shall be conducted in accordance with the then existing Commercial Rules of the American Arbitration Association.
• The arbitration shall be conducted in Bell County, Texas.
• The laws of the State of Texas shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.
• The arbitrator shall have no authority to award punitive damages, consequential damages, special, or indirect damages.
• The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award.
• It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in a Texas State court of competent jurisdiction located within Bell County, Texas.
• The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party.
• This Section shall survive the termination or cancellation of this Agreement.
45. If any provision of this Agreement is deemed invalid, void, or for any other reason is unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of this Membership Agreement.
46. No waiver of any right or remedy of TGR in this Agreement shall be construed as a waiver or release of any other rights TGR may have. No failure or delay by TGR to exercise any right or remedy under this Agreement shall be construed as a forfeiture or waiver of that right or to seek remedy at a later time.
47. The rights of TGR set forth in this Agreement and also in each of the exhibits, or any amendment thereto as authorized by this agreement and attached exhibits, attached hereto are cumulative and the recital in an exhibit does not alter a recital in the agreement or any other exhibit and the recital granting the greatest protections to TGR shall always pertain.