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”

RECITALS

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:

1. Membership.

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.

3. Confidentiality

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 Members”).

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 level membership.

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 procedures.

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 membership summary.

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 5 below.

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 guest;

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.

6. Indemnification.

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 Membership indefinitely.

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 hearing

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

7. Miscellaneous

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.