Membership Application
& Agreement
The undersigned (“I,” “you” or the “Member”) submits this Membership Application & Agreement (the “Agreement”) for the purpose of applying for membership in the Range LA (the “Club,” “we” or “our”), a private membership target shooting, and firearms safety instruction club located in West Los Angeles, California and owned and operated by the Range LA- LP., a California limited partnership. You understand that we may accept or reject your application for membership in our sole and absolute discretion and, until we accept your application, references to your membership contained in this Agreement are solely for convenience.
Membership privileges shall become active for one calendar year following the later of (a) our receipt of the Member’s annual membership dues; and (b) our completion of a background check acceptable to us, in our sole discretion. We may revoke your membership, in our sole and absolute discretion, if you violate the terms of the Agreement or the Safety Rules and Regulations adopted from time to time (as existing from time-to-time, the “Rules”) or if you fail to pay any of the charges that come due. No portion of your annual membership fee will refunded if your membership is revoked for any of these reasons.
For the duration of the membership term, the Member will receive certain benefits which may vary depending upon the category of membership elected. The membership benefits for each category of membership are listed on the Club’s Website and are incorporated into the Agreement, but the Club reserves the right to from time-to-time add or subtract benefits from any category of membership.
Membership is not an investment in the Club or its owner, and does not give a Member a vested or prescriptive right or easement to use the Club’s facilities. Similarly, membership in the Club does not provide the Member with equity or ownership of any property interest in the Club. Rather, a Member only acquires a limited revocable non-exclusive license to use Club facilities consistent with the Rules and the terms and provisions of the then existing membership benefits applicable to a particular category of membership, as amended from time to time by the Club and consistent with the other terms of the Agreement.
I understand that if the Club accepts my application, it will charge the entirety of my membership fee to my credit card promptly following that acceptance, and that renewal fees will be paid as required by the Club at the time of renewal. The annual membership fees as of the date of this Agreement are:
Standard Membership: $3,000.00
Premium Membership: $5,000.00
VIP Membership: $20,000.00
The Club may change the membership fee at renewal upon notice to you, but such a change will only take effect once your then-current membership term has ended. If you do not wish to pay the new membership fee, your sole remedy will be to not renew your membership for the next membership term, prior to the expiration of your then-current membership term.
You may cancel your membership at any time; however, there are no refunds for cancellation. If you cancel your membership before the end of your then current term, then you will have access to your membership privileges for the remainder of the then existing membership term; provided that you continue to comply with all terms of this Agreement and all applicable Rules. If the Club revokes your membership for your breach of these terms or the Rules, you acknowledge and agree that you will receive no refund or exchange for any unused time on a membership.
The Club intends to use a third-party payment processor (the “Payment Processor”) to bill for all membership and ancillary charges through a payment account linked to your account (your “Billing Account”). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for the Payment Processor’s actions or omissions, including without limitation, any errors by the Payment Processor. By applying for a membership, you agree to pay the Club, through the Payment Processor, all charges at the prices then in effect for your membership and ancillary charges in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your “Payment Method”). You agree to make payment using that selected Payment Method. The Club reserves the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Currently, we use Worldpay as our Payment Processor. You can access Worldpay’s Terms of Use at https://www.fisglobal.com/en/terms-of-use and their Privacy Policy https://www.fisglobal.com/en/privacy. We reserve the right to change the Payment Processor, or to cease using a Payment processor, at any time.
The terms of your payment will be based on your Payment Method as determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you on time, you agree to pay all amounts due on your Billing Account upon demand. If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorized), we may suspend or terminate your access to the Services (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until your membership is cancelled. We may also charge a late fee equal to ten percent (10%) of any unpaid amount, plus interest at the rate of eighteen percent (18%) (or such lower rate that is permitted by law) from the date owing until paid.
Non-termination or continued use of a membership reaffirms that the Club is authorized to charge your Payment Method for the applicable membership fees. The Club may submit those charges for payment, and you will be responsible for such charges. However, we do not waive any right to seek payment directly from you. Membership charges may be payable in advance, per usage, or as otherwise described pursuant to the Club’s then current terms.
You must provide current, complete, and accurate information for your billing account promptly following our request for that information. You must also promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our Payment Processor if your Payment Method is cancelled (e.g. for loss or theft), or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of your membership under your billing account unless you have terminated your membership as set forth above.
By submitting this application and entering into the Agreement, I hereby acknowledge that I have voluntarily applied to enter on to and to engage in or observe shooting and other activities at the Club. These activities include, but are not limited to, the use and discharge of firearms, the use and discharge of rental firearms provided by the Club and the services and training by the Club’s employees.
I acknowledge and understand that shooting activities are inherently hazardous and involve both known and unanticipated risks which could result in damage or destruction of property and physical or emotional injury, including paralysis or death, of myself or of other persons. These risks include, but are not limited to, being shot by or shooting myself or others, partial or total loss of eyesight or hearing, inhalation or other harmful contact with lead or other contaminants and being struck by flying and/or falling objects. I further understand that the discharging of firearms and the use of ammunition have inherent dangers that no amount of care, instruction, or expertise can eliminate. I further acknowledge and understand that the Club is an indoor shooting facility which utilizes a series of component parts, including a bullet trap to decelerate discharged ammunition; however, I understand that these component parts and bullet traps of the Club do not, in every instance, contain bullets or bullet fragments and have been known to cause ricochets which could cause serious personal injury or death. I further acknowledge and understand that Club makes no warranty as to the design, manufacture, condition, or fitness for any particular purpose of any Club facilities or equipment, including, but not limited to firearms, ammunition, eye/hearing protection, and first-aid supplies.
Under penalty of perjury, I state that I can legally possess or rent a firearm and purchase ammunition and that I have no criminal or mental background that restricts me from such activities. I agree that as part of my membership application I authorize the Club to undertake a computerized database background check to confirm this representation. The Club presently conducts this database background check through an Ammunition Eligibility Check undertaken through the California Department of Justice DROS system. You must obtained an “APPROVED” response to this eligibility check before becoming a member. We reserve the right to change the background check procedure and/or vendor at any time.
Unless I notify the Club, in writing, to the contrary for the purpose of obtaining new shooter safety instruction, I represent that I am experienced and skilled in the proper handling, loading, use and discharge of all firearms and ammunition I intend to use at the Club. I understand that the Club is specifically relying on the truth of my representations concerning my experience with firearms, in permitting me to make use of the Club without first undergoing new shooter safety instruction.
I acknowledge that certain ammunition is restricted at the Club and that I may not use steel or aluminum case, armor piercing, steel core, incendiary, tracer, or reloaded ammunition outside of manufacturers’ specifications. If such is used, any damages resulting from such use may be billed directly to me.
I will refrain from being under the influence of alcoholic beverages, medications and other substances that might impair judgment prior to, and during, shooting sports activities. Further, I understand the possession and influence of unlawful drugs is expressly prohibited at the Club. The Club may refuse access to, and require removal of, any person who the Club believes to be under the influence of alcohol, drugs or any other substances or is otherwise emotionally unstable.
For myself, and on behalf of my heirs, executors, administrators, officers directors, owners, partners, agents, brokers, employees insures, permitted assigns, and guests, I hereby release, acquit, indemnify, and hold harmless the Club and the its heirs, executors, administrators, trustees, officers, directors, owners, partners, agents, brokers, employees, insurers, assigns, and all other related persons, entities, affiliates, predecessors, and successors, from any and all claims, actions in law or equity, causes of actions, demands, rights, damages, costs, loss of services, expenses, and compensation whatsoever arising from any damage to property, injury to person, or death, (whether predicated upon negligence or otherwise) in connection with use of the Club’s shooting range and facilities or participation in any activities therein. I take full legal and financial responsibility for any damage or harm to myself and for damage or harm to other individuals on the premises, rental equipment, or other range equipment that is a result of my actions.
I affirm that I have read, understands, and will comply with the requirements as set for the herein, and do hereby agree to defend, indemnify, and hold the Club, its shareholders, partners, members and other principals, officers, managers, assigns, heirs, employees and agents harmless from any act or omission for which I am responsible.
I agree that I shall be respectful of the Club’s property, and shall not steal, damage, or vandalize such property. If I damage any item of Club property, then my account shall be billed for all damage and the Club may cancel their membership with no proration or refund of membership dues.
The Club offers a small number of lockers that are available to members to secure personal property while on site. At no time is the Club responsible for any damage, theft or loss of any personal articles or valuables that the Member places in the lockers. Use of the lockers is at the sole and exclusive risk of the Member and its guests, and the Member agrees to indemnify, defend and hold harmless the Club and its employees, officers, partners, and owners from any claim resulting from or related to the use of a locker by the Member
This application, if accepted by the Club, together with the Club’s then existing Rules, will constitute the entire Agreement between you and the Club relative to your membership, subject to change as provided herein. You acknowledge that no other agreements exist between you and the Club relative to your membership and that no representations, other than those set forth in this Agreement, have been made to you to induce you to make this Agreement. Your Agreement with the Club can be modified only in writing and can be terminated only as set forth in this Agreement. You, the undersigned, further expressly agree that the foregoing Agreement, including the releases, waivers of liability and indemnification obligations, is intended to be as broad and inclusive as permitted by the laws of the state(s) wherein the Club operates, that it shall apply to any period of membership or any prior or subsequent membership period of yours or any dependent, and to any period during which you or any dependents use Club facilities.
I understand that my right to bring guests to the Club will be limited, and subject to the Rules adopted by the Club from time to time. Guest rules will be posted on the Club’s Website, and are subject to change from time-to-time in the Club’s sole discretion. Without limiting the generality of the foregoing, I understanding that the Rules currently require me to provide the Club with at least two business days’ written notice of my desire to bring a guest into the Club, and that such notice must include my proposed guest’s name, address and other information the Club may request in order to conduct a background investigation on the guest, and that no guest will be entitled to enter the Club unless and until the Club completes a background investigation on that guest which is acceptable to the Club, in its sole discretion. I also acknowledge that I will be responsible for all acts or omissions of my guest while on or around the Club as if I had taken or failed to take such action. The Club may refuse to grant a guest access until the Club completes the aforementioned background investigation, and the Club cannot guaranty that it will be able to complete that investigation within the aforementioned two business day period.
I also understand that the Club may hold special events from time-to-time, and that those events may impact a Member’s use of some or all of the Club’s facilities.
If any provision or any part of any provision of this Agreement is held unenforceable, such unenforceability shall not affect the other provisions, or the other parts of such provisions, of this Agreement.
I ACKNOWLEDGE THAT MY MEMBERSHIP WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH MEMBERSHIP TERM AND MY PAYMENT METHOD WILL BE CHARGED FOR THE NEXT MEMBERSHIP TERM. IF I WISH TO CANCEL AUTO-RENEWAL OF MY MEMBERSHIP FOR THE NEXT MEMBERSHIP TERM, I MUST PROVIDE US WITH WRITTEN NOTICE OF YOUR CANCELLATION AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM.
THIS AGREEMENT, REGARDLESS OF ITS PLACE OF EXECUTION, SHALL BE CONSTRUED, INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO AGREEMENTS EXECUTED, DELIVERED AND TO BE PERFORMED WITHIN SUCH STATE, WITHOUT REGARD TO CONFLICTS IN LAWS. ANY CLAIM OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE CLUB SHALL BE DECIDED BY FINAL AND BINDING ARBITRATION TO BE ADMINISTERED BY JUDICIAL ARBITRATION & MEDIATION SERVICES, INC. (“JAMS”), LOS ANGELES COUNTY, CALIFORNIA OFFICE, IN ACCORDANCE WITH THEIR RULES OF PRACTICE AND PROCEDURES THEN IN EXISTENCE. THE PARTIES SHALL BE ENTITLED TO ALL RIGHTS OF DISCOVERY AS PROVIDED BY CALIFORNIA LAW. THE ARBITRATOR SHALL BE EMPOWERED TO GRANT PROVISIONAL REMEDIES (INCLUDING, BUT NOT LIMITED TO, TEMPORARY RESTRAINING ORDERS) AND ANY AND ALL EQUITABLE RELIEF TO WHICH THE PARTIES MAY BE ENTITLED TO IN LAW OR IN EQUITY INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AND SPECIFIC PERFORMANCE. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
YOU ARE AGREEING TO HAVE YOUR DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION HEREOF DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHT TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION.