The following Terms and Conditions shall apply to all Memberships issued by Youngsville Gun Club & Range (the “Club”). 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 (up to 23 years of age) 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 the Club, (b) the required Membership Fee has been paid, (c) a Payment Authorization is signed and delivered to the Club for payment of the Monthly or the Dues have been paid in full, (d) the Primary Member (and each family member 10 years of age or older desiring Range privileges, in the case of a Family Membership) provides evidence that they are qualified to shoot at the Club (e) the Application is approved and accepted by the Club. Access to the Range will only be available to persons who have completed the YGC Range Orientation.
MEMBER’S RIGHT TO CANCEL.
You may cancel a Monthly or Annual Membership at any time following the first anniversary of the Commencement Date of the Membership by sending written notice to Membership@YGunRange.com. Written notice of termination must be provided 30 days prior to the expiration of the then-current Term. 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 the Club for any reason.
THE CLUB’S RIGHT TO TERMINATE.
The Club 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 the Club, 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.
The Club 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 Club’s website or as otherwise communicated to the Members.
CHANGES IN THE MEMBERSHIP BENEFITS.
The Club 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 the Club’s website or as otherwise communicated to the Members. Such changes shall be effective on the date such revised Membership benefits are posted to the website 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 23 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 the Club for children under 18 years of age prior to their use of the Range. Any child under 18 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 10 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 10 and 12 may only shoot a .22 caliber firearm, without the prior consent of the Club Range Safety Officer on duty. The club reserves the right, from time to time, to limit the use of the Range by children under the age of 18 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 the Club in their sole discretion. Any Membership renewals shall be at the then applicable rates. The Club may also change any other charges applicable to services provided to Members at any time. The Annual Membership Dues are payable, in advance, on the Commencement Date of the membership. The Monthly Membership payment option are payable by a recurring charge to your credit card or an ACH debit on your bank account, beginning on the date of enrollment following the Commencement Date of the Annual Membership and continuing on the 1st 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 the Club with this Application. You may change the terms of the Payment Authorization by submitting a new Payment Authorization to the Club 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. 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 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 the Club 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. In addition to charging the processing fee, the Club reserves the right to immediately limit or terminate any delinquent Memberships.
RANGE/CLUB AND RANGE RULES.
The Club 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 posted on the Club’s website. You acknowledge and agree to follow the Rules at all times, and to ensure 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 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 the Club. 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 Club’s website. 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 while they are on Club premises, and for any damages to the premises or Range caused by your guests.
USE OF FACILITIES.
The Club 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, the Club 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.
The Club agrees to provide access to the VIP Lounge during the normal business hours of the Range and after normal business hours if identified as a benefit under the Club’s Membership programs, subject to the provisions hereof and any Rules now in force or hereafter transmitted by the Club’s management. You acknowledge and agree that the VIP Lounge and Range are not provided for the exclusive use of the Club Members and their guests. From time to time, the Club may host events, manufacturer promotions, private rentals, marketing and other events in the VIP Lounge and Range during and after normal business hours of the Range. All such events and any scheduled maintenance requiring closure of the VIP Lounge may limit availability of the VIP Lounge.
LIABILITY AND WAIVER OF LIABILITY.
Each person, whether a Member, guest, or otherwise, who enters the Range must complete the Club’s Assumption of Risk, Waiver, and Release Agreement.
In addition, 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 Club’s premises, including damage resulting from shooting the target carrier (intentionally or unintentionally) or damage to any furniture or furnishings on premises. The Primary Member is fully responsible for the loss or theft of, or damage to, any firearms, vehicles, or any personal property brought onto the Club’s by the Primary Member, their family or guests. The Primary Member hereby releases and holds harmless the Club, its affiliate/s Tar River Sports WF LLC, YGC Range LLC, or Triple G Great Products, Great Price, Great Service LLC, and each of their respective members, managers, officers, employees, and agents (the “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. In no event will any Affiliate have liability for any indirect, incidental, special, consequential, or punitive damage, even if advised of the possibility of such damages.
COMMUNICATION AND NOTICES.
All communications between you and the Club 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. 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 the Club for purposes of the Club’s mailing list subscription shall be used by the Club to communicate with members. Any correspondence or notices required hereunder shall be sent to Membership@YGunRange.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 the Club. It is the Club’s policy to accept applications for Membership from any individual, couple, facility, or business that meets the requirements established from time to time by the Club, 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 the Club 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 Club’s website.
In any dispute relating to non-payment of dues or charges for damage to Club premises or personal property by you, your family or guests, you shall be responsible for any attorneys’ fees and/or costs incurred by the Club in enforcing its rights under these Terms and Conditions.
Any waiver by the Club of any right or obligation hereunder shall be deemed a continuing waiver and no failure by the Club to exercise, in whole or in part, any rights provided to the Club hereunder shall prevent the later exercise of such right or any other right. No waiver by the club shall be effective unless such waiver is in writing and signed by the Club.
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.
I agree to all conditions of membership listed in this application. I understand that violation of any item may lead to an investigation by YGC, resulting in a warning or the possibility of expulsion from the range and/or termination of membership.
ALL SALES ARE FINAL.
YOUNGSVILLE GUN CLUB + RANGE RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AND RESERVES THE RIGHT TO REFUSE ADMISSION OR REMOVE ANYONE WHOSE CONDUCT IS DEEMED BY MANAGEMENT TO BE DISORDERLY, OR WHO FAILS TO COMPLY WITH ANY SAFETY REGULATION. I UNDERSTAND THAT PROVIDING FALSE OR MISLEADING INFORMATION TO ANY AGENT OF YOUNGSVILLE GUN CLUB + RANGE MAY BE CAUSE FOR TERMINATION OF MEMBERSHIP.
I HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS SET FORTH HEREIN AND AGREE TO BE BOUND THEREBY