THE RANGE IN MCKINNEY, LLC MEMBERSHIP AGREEMENT
This Membership Agreement (this “Agreement”) is entered into between the undersigned (the
“Member”) and The Range in McKinney, LLC (“The Range”) and is effective upon the execution by the
Member. Member and The Range are each referred to herein as “Party” and collectively as the “Parties”
WHEREAS, The Range owns a gun range facility located in McKinney, Texas (the “Facility”);
WHEREAS, the Member desires to become a member of The Range;
WHEREAS, in connection with the purchase of a membership with The Range (the
“Membership”), the Range requires each new member to enter into a Membership Agreement;
NOW THEREFORE, in consideration of the representations, covenants and conditions contained
herein, the Parties agree as follows:
a. By purchasing the Membership, the Member acknowledges that the Membership is
subject to the terms and conditions stated herein. The Membership may be terminated
at the sole discretion of The Range, pursuant to Section 5 below.
b. When applying for and agreeing to become a member of The Range, the member
represents and warrants all information provided is current, accurate and the member
has the rights and power of authority to enter into this agreement and to perform the
actions required of this agreement.
2. Limitation of Liability.
The Range is committed to the safety of its members, guests and all who
use the facilities. The Member, for itself and on behalf of such Member’s affiliates, Family
Members (as defined below) and guests Member invites to the Facility (each, a “Guest” and
collectively, “Guests”), agrees the Facility is used for the discharge of firearms which involves
danger, risks, including death. The Range shall not be liable to the Member, Family Members,
Guests, next of kin, estate or any relations for any claims, demands, injuries, damages or actions
which may cause injury or death of a person.
Privacy is of utmost importance and as part of its operations, The Range collects
personal information from its members and their respective Family Members and Guests from
trusted third-party online forms, social media sites and accounts or from third parties to whom
its users have provided the information. The Range is not responsible for the privacy practices of
any third parties. The Range will never sell, trade, publish or utilize any personal information of
its members and their respective Family Members and Guests with their express consent. All
information is used for internal purposes only
4. Rules of Membership.
The Membership grants the right to use the Facility. In connection with
owning the Membership and utilizing the Facility, the Member agrees, for itself and on behalf of
each of its affiliates, Family Members and guests, as follows:
a. Memberships are Divided into two categories:
i. Family Memberships All “Family Memberships” extend privileges to a
“Member”, and the legal spouse of the Member, the immediate children of the
Member or the Member’s spouse, who are under the age of 22, are legal
residents of the Member’s household and are unmarried (collectively, “Family
ii. Corporate Memberships: For purposes of a “Corporate Membership,” the
Member is defined as an active staff member of the business. The rules which
apply to Family Members apply also to listed staff members on the corporate
b. All Family Members above the age of eighteen (18) agree to this Agreement and must be
signatories of a Waiver of Liability, copies of which must be on file with at the Facility, and
agree to all of the Code of Conduct and Safety Rules of the Facility as stated, posted and
implied therein. Minors (under the age of eighteen (18) years old) who are Family
Members must be accompanied at all times by the Member and/or a Family Member who
is over the age of 18 and is/are a signatory to this Agreement. A new Waiver of Liability
must be signed on the yearly anniversary of the start of the membership or of initial visit.
c. All charges incurred by a Family Member or Guest under this provision will be billed to
the Member’s account. Unless other payment arrangements have been made, the
Member is responsible for all Family Members, both of minor and majority age, and their
Guests for any charges incurred during their visit to the Facility.
d. The Member accepts the personal responsibility to stay informed and to inform their
Family Members and any Guests of any relevant updated firearm(s) safety issues
applicable Texas and Federal Laws and The Range and the Facility use policies and
e. The Facility is available for use by the Member, Family 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 detailed in
f. The Range reserves the right in its sole discretion and at any time to make changes to this
Agreement, any rules, code of conduct, Waiver of Liability and other policies and
procedures concerning the use of the Facility and any services and/or amenities of The
Range. Changes will become effective when notice of the update is sent to the Member
by mail, email and/or is posted in a clearly visible manner at the Facility. If Member does
not accept any proposed change(s), this Membership shall be terminated. Upon such
termination, the Member shall relinquish all membership cards and will only receive a
refund for unused paid month(s). No pro-rated refunds for the unused month or fees will be issued. Only unused pre-paid month(s) shall be issued within 30 days of membership
cancellation less any outstanding charges.
g. The Member agrees when purchasing an annual membership to pay the amount due in
full in a single payment. If the Member chooses to pay monthly, the Member agrees to
remain in good standing with The Range and understands the first monthly payment and
all related fees are due at time of signing or renewal. The remaining balance shall be billed
over an 11-month period and this Agreement shall renew on the anniversary of the initial
payment. Monthly payments will continue until the Member cancels this Membership.
h. The Member may terminate this Agreement at the expiration of the initial membership
term or at the end of any subsequent membership term thereafter. In order for The
Membership to be cancelled, written notice must be provided 30 days prior to the
expiration of the applicable membership term.
i. In the event of the death of the Member, this Membership shall be cancelled effective
the day notification has been made by a surviving Family Member in writing to The Range.
The cancellation shall not be backdated for any reason. If the deceased member has a
Family Membership, upon written notification of the death of the Member, the Member
shall be removed but the Family Membership shall continue until cancelled or terminated
in accordance with this Agreement.
j. The Membership is subject to a one-time non-refundable initiation/member fee as noted
on the membership schedule. The fee is due at the time of joining as a member and is a
one-time charge as long as the Member remains in good standing. If the Member cancel
the Membership and then decides to come back as a member, the initiation/member fee
must be paid again.
k. This Membership, terms, fees and benefits may be reviewed and adjusted by The Range
at any time. In the event of a membership fee change, Member will be notified 60 days
prior to the implementation of the change. If Member is an “annual” member, the
increase will not affect Member until the anniversary of Member’s membership. If
Member is a “monthly” member,” increases will affect Member at the time of renewal.
l. Membership are non-transferable.
m. If the Member violates the agreement, policies, code of conduct/range safety rules of The
Range at any time, the Member shall receive a verbal warning with a written note made
in the Member’s file. If the Member, its Family Members or Guests continue to violate
this Agreement, or the policies, rules, and/or code of conduct of The Range, the
Membership may be terminated at the sole discretion of The Range pursuant to Section
n. The Range reserves the right to restrict the use of the Facility at specified times for
scheduled events. Notification shall be sent out to all members at the earliest possible
time to notify them of the event date and time.
o. The Member and the Member’s Family Members and Guests agree that no pictures or
video recordings will be made of anyone inside The Range unless permission is given. The
Member and the Member’s Family Members and Guests agree to allow their photograph
and/or video recording may be utilized for identification, promotional use and other
reasons which may benefit The Range. If The Member and/or the Member’s Family
Members and Guests wish to not have their likeness used for any reason, they should
notify management at time of the event.
p. This Agreement applies equally to individual, family and corporate and any and all persons
included on this membership account.
5. Termination of Membership for Cause.
The Range reserves the right to, at its discretion,
immediately terminate this Membership if:
a. The Member convicted of a felony;
b. The Member, the Members Family Members and/or Guests commit a misdemeanor on
the premises of The Range;
c. The Member is convicted of any felony or misdemeanor which under Texas or Federal
law, prohibits individual from the legal possession of a weapon;
d. The Member, the Members Family Members and/or Guests violate this Agreement or any
policies or rules of the Range which could cause harm or death to another member or
e. The Member is 90 (ninety) days or more delinquent in payment of dues or charges;
f. The Member, the Members Family Members and/or Guests willful or reckless destruction
of property which belongs to The Range, its staff, members or guests while on the
property of The Range;
g. The Member, the Members Family Members and/or Guests are physically, verbally or
psychologically abusive to any staff, members, guests, or other persons while on property
of The Range;
h. The Member engages in any conduct that is injurious to the reputation of The Range or
its members; or
i. The Member engages in conduct which interferes with the absolute right of The Range to
manage the facilities and preserve its financial integrity
In the event this Agreement is terminated pursuant to this Section 5, the Membership
shall be revoked immediately without any refund of pre-paid funds. Following such termination,
the Member shall not be permitted to return to The Range at any time for any reason.
The Member hereby agrees, and by agreement binds the Member’s estate to
indemnify, defend, and hold harmless The Range, its affiliates and each of their respective owners,managers, employees, agents, investors and all representatives from all claims, losses and
liabilities whatsoever arising out of any injury (including death), loss or damage to any person or
property arising out of or attributable to the use by the Member, its Family Members and/or
Guests of The Range, the Facility or any other property owned or operated by The Range. The
Member, its Family Members and Guests shall be liable for any property damage and/or personal
injury which may occur at the Facility or on the property of The Range. This includes any activity,
group or corporate function, or any activity organized or arranged by The Range. The Member,
its Family Members and Guests agree to follow all safety rules and range code of conduct while
at the Facility or any other property owned or operated by The Range. The indemnification
obligations of the Member pursuant to this Section 6 shall survive the termination of the
1. Governing Law; Disputes.
a. This Agreement, the rights and obligations of the parties hereto, and any claims or
disputes relating thereto shall be governed by and construed in accordance with the laws
of the State of Texas (but not including the choice of law rules thereof).
b. Any dispute arising out of, in connection with, or related to this Agreement, save and
except for a Party seeking specific performance against the other Party or alternative
dispute resolution processes set forth in this Agreement, shall, unless the Parties
otherwise agree, be submitted to and settled by arbitration in accordance with the
Commercial Arbitration Rules of the AAA, now in effect, except to the extent modified
herein. Any arbitration hearing shall be held in Collin County, Texas. Further, unless the
Parties shall mutually agree otherwise and except as otherwise set forth below, the rules
of evidence of the State of Texas shall govern the discovery and presentation of evidence
in any arbitration hearing.
c. Within thirty (30) Days after submission of a dispute or disagreement to arbitration, each
Party shall have the right to select one arbitrator. Within fifteen (15) days after the
selection of an arbitrator by each Party, the two arbitrators selected shall select a third
arbitrator. If either Party fails to appoint an arbitrator or an appointed arbitrator fails to
appoint the third arbitrator within the prescribed fifteen (15) day period then, on
reasonable notice to the other Party, either Party may ask the AAA to appoint such
arbitrators within fifteen (15) Days of the request therefor with due regard for the
selection criteria herein. The arbitrators selected pursuant to this Section 8(c) shall be
qualified by education, experience or training to render a decision upon the issues of the
dispute. Unless otherwise determined by the arbitrators in accordance with Section 8(d)
below, each Party shall bear the costs incurred by such Party in connection with the
procedures described in this Section 8 and the fees and expenses of the arbitrators shall
be shared evenly amongst the Parties. The Parties shall require the arbitrators to make a
decision within sixty (60) days after the appointment of the arbitrators; provided,
however, that such time period shall be extended (but not beyond an additional sixty (60)
days) as reasonably necessary to complete discovery so long as the Party or Parties
conducting such discovery are proceeding with reasonable diligence towards completion
thereof, and the arbitrators’ decision shall be rendered within ten (10) days of the
d. The decision of a majority of the arbitrators shall be final and binding upon the parties to
the arbitration, and not subject to any appeal. The arbitration award may, at the
discretion of the arbitrators, include an equitable allocation of the costs of the arbitration,
including the fees of the arbitrators and the reasonable attorneys’ fees of, and other
expenses reasonably incurred during the arbitration by the Parties, taking into account
the merits (or lack thereof) of the Parties’ claims and defenses and the decisions of the
arbitrators in respect thereof. Judgment on any arbitral award may be entered in any
court in Collin County, Texas having jurisdiction if the Party against whom the award is
rendered does not comply therewith within ninety (90) days after the date of the award,
or by such other time as specified in the arbitral award. The Parties shall keep the
arbitration proceedings and the terms of any arbitration award confidential, unless filing
for judgment on the arbitral award in any court h
a This Agreement, including and together with any related exhibits, schedules,
attachments, and appendices, constitutes the sole and entire agreement of the Parties
with respect to the subject matter contained herein, and supersedes all prior and
contemporaneous understandings, agreements, representations, and warranties, both
written and oral, regarding such subject matter.
b. If any provision of this Agreement is declared or found to be illegal, unenforceable or void,
then the Parties will be relieved of all obligations arising under such provision, but only to
the extent that such provision is illegal, unenforceable or void, it being the intent and
agreement of the Parties that this Agreement will be deemed amended by modifying such
provision to the extent necessary to make it legal and enforceable while preserving its
intent or, if that is not possible, by substituting therefore another provision that is legal
and enforceable and achieves the same objective.
c. No waiver by any Party of any of the provisions of this Agreement shall be effective unless
explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set
forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy,
power, or privilege arising from this Agreement shall operate or be construed as a waiver
thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege
hereunder preclude any other or further exercise thereof or the exercise of any other
right, remedy, power, or privilege.
d. This Agreement may be executed in any number of counterparts, and each counterpart
will for all purposes be deemed an original, and all counterparts shall constitute one and
the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail or
other means of electronic transmission shall be deemed to have the same legal effect as
delivery of an original signed copy of this Agreement.