MEMBERSHIP TERMS & Conditions
The following terms and conditions apply to all memberships issued Blackstone Shooting Sports (“BSS”).
- DEFINED TERMS. The “Primary Member” is the individual completing the Membership Application and Agreement (the “Application”) or the entity on behalf of which the Application is completed, and any reference to “you” or “your” shall refer to such Primary Member. Any reference to “family members” means the Primary Member’s immediate family members entitled to membership benefits under a family membership (see Section 6). “Members” means any persons entitled to membership benefits under the Primary Member’s membership.
- MEMBERSHIP REQUIREMENTS. No application for membership will be effective until: (a) the Application is completed and signed by the Primary Member and submitted to BSS with the required membership initiation fees, (b) the first month’s or year’s dues, as applicable, are paid in full, (c) a credit card payment authorization is signed and delivered to BSS providing for payment of the periodic membership dues, (d) all Members provide evidence that they are qualified to possess a handgun, as reasonably requested by BSS, (e) the Application is approved and accepted by BSS. BSS reserves the right to reject or deny any Membership Application, in its sole discretion.
- TERMINATION. You may cancel the Membership at any time by sending written notice to BSS. BSS may terminate your membership at any time, in its sole discretion, by sending you written notice. The initiation fee and any prepaid periodic dues will be earned in full upon receipt and will not be refunded in the event of your cancellation of your membership or termination of your membership by BSS. Cancellation requests must be emailed to hello@blackstoneshooting.com 3-days prior to your scheduled billing date.
- CHANGES TO TERMS AND CONDITIONS. BSS reserves the right, in its sole discretion, to discontinue operation of the facility or to modify these Terms and Conditions of Membership, to sell, lease, or otherwise dispose of the BSS facilities in any manner and to any person, to add, issue, modify, or terminate any category of membership, to limit use of the facilities, to convert the facilities into a member-owned club, and to make any changes to the membership benefits at any time. Any such changes will be effective on the date such revised Terms and Conditions of Membership are posted on BSS’s website or as otherwise communicated to the Members and will be binding upon the Members as of such time.
- CHANGES IN MEMBERSHIP BENEFITS. BSS 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.
- FAMILY MEMBERSHIPS. Family Memberships grant membership privileges to the Primary Member, his or her spouse, and unmarried children under the age of 26 living at the same address as Primary Member or attending school on a full-time basis. Such spouse and any such children 21 years of age or older will be required to meet the same conditions of membership and will have the same privileges as the Primary Member; any children under 21 years of age will have limited privileges as determined by BSS. A parent/guardian user agreement, release and waiver of liability must be signed and on file with BSS for children under 18 years old prior to their use of the facility. Any children under 21 years of age will be allowed to accompany the Primary Member or his or her spouse, provided such children remain under their direct supervision at all times. BSS reserves the right to limit the use of the facilities by children under the age of 21.
- CORPORATE MEMBERSHIPS. Corporate group memberships grant membership privileges to the Primary Member and each of the Primary Member’s coworkers, employees, partners, or other business associates identified on the Application.
- PAYMENT OF DUES; OTHER CHARGES. Periodic dues shall be payable each one-month or one-year anniversary, as applicable, of your membership. Your periodic membership dues may be increased at any time upon 30 days prior written notice to you by BSS. BSS may also change any other charges applicable to services provided to Members at any time. Periodic dues are required to be paid by a charge to your credit card. Payment terms will be set forth in the payment authorization executed by you; you may change the terms of the payment authorization by submitting a new payment authorization to BSS. It is your responsibility to ensure that a valid payment authorization is on file with BSS at all times.
- LATE CHARGES. In the event any credit card charge is declined or returned, BSS reserves the right to immediately limit or terminate any or all membership privileges on any delinquent memberships. If an account remains delinquent for a period of 14 days, BSS will automatically terminate the membership and new initiation fees will be applicable to reinstate.
- FACILITY RULES. BSS may establish rules, regulations, and policies concerning the operation of the facility (the “Rules”) from time to time. The Rules, as modified from time to time, will be posted in the facility. You acknowledge and agree to follow the Rules at all times and to insure that the other Members on your membership and your or their guests follow such rules. Any violation of the Rules by any such person will be grounds for immediate suspension or termination of any or all membership privileges.
- USE OF THE FACILITIES. BSS agrees to provide access to the facilities during normal business hours. You acknowledge and agree that the facilities are not provided for the exclusive use of the Members and their guests. From time to time, BSS may host internal events, manufacturer promotions, private rentals, marketing and other events during and after normal business hours that limit the Members’ ability to utilize the facility. All such events and any scheduled maintenance requiring closure of the facility will be communicated to the Members in advance by e-mail and/or by posting at the facility.
- PROPERTY DAMAGE. You will be financially responsible and liable for any property damage at BSS resulting from your acts or omissions or the acts or omissions of the other Members on your membership and any of your or their guests, including damage resulting from shooting the target carriers (intentionally or unintentionally) or damage to any furniture or furnishings at the facility. You will be fully responsible for the loss or theft of, or damage to, any firearms or other personal property you bring to the facility or leave in your automobile on the BSS premises. You hereby agree to release and hold harmless BSS, its affiliates, and each of their respective members, managers, officers, employees and agents (the “BSS 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 facility by you, the other Members on your membership, or your or their other guests. In no event will any BSS Affiliate have liability for any indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.
- INDEMNITY. By execution of the Application and use of the facilities, you agree to defend, indemnify, and hold harmless the BSS Affiliates from and against any claims, lawsuits, damages, liabilities, expenses or costs the BSS Affiliates may incur, including attorneys’ fees (“Claims and Damages”), arising out of or resulting from the acts or omissions of you, the other Members on your membership, or your or their other guests. Moreover, you agree to defend, indemnify, and hold harmless the BSS Affiliates from and against any Claims and Damages arising out of or resulting from claims asserted against BSS Affiliates by your other Members and/or guests.
- ASSUMPTION OF RISK. You acknowledge and agree that the indoor shooting range operated by BSS involves the use and discharge by you and others of pistols, rifles, shotguns and other weapons, which are potentially dangerous activities. You acknowledge and agree that those activities involve certain risks and exposure to bodily injury or death, which risks and exposure you voluntarily assume by becoming a member of BSS and using its facilities. In consideration of the use of BSS’s facilities by you, the other Members on your membership, and your and their guests, you hereby accept and assume full responsibility for any and all injuries, losses or damages sustained or incurred by you, the other Members on your membership, or your or their guests resulting from or arising out of any activity or event occurring on the BSS premises, and release in full and forever discharge the BSS Affiliates, whether acting officially or otherwise, on behalf of yourself, the other Members on your membership, or your or their guests, and each such party’s heirs, executors, administrators and personal representatives, from and against any and all claims, demands, or causes of action for any injury, death, property damage, loss, claim, or liability resulting from or arising out of any activity or event occurring on the BSS premises.
- COMMUNICATION AND NOTICES. All communications between you and BSS shall be by e-mail or personal delivery. Accordingly, as a condition to your membership, you are required to maintain a valid email account at all times. Any 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 BSS for purposes of BSS’s mailing list subscription will be used by BSS to communicate with you. Any of your correspondence or notices required hereunder shall be sent to memberships@blackstoneshooting.com. Either party may change the email address for communication purposes hereunder by sending a change of address notice to the other party in accordance with the terms of this paragraph.
- MISCELLANEOUS. (a) The types of membership 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 BSS. (b) It is the policy of BSS to accept applications for Membership from any individual, couple, facility or business that meets the requirements established from time to time by BSS, without regard to race, color, creed, gender, religion or national origin, nor shall such matters ever be made a condition of membership. (c) Your membership is personal to you 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 initiation fees. 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 BSS is given written notice thereof. (d) You acknowledge that there have been no promises, warranties or representations, express or implied, pertaining directly or indirectly to the membership that are not contained herein, in the Application or on the BSS website. (e) In any dispute relating to non-payment of dues or charges for damage to the premises or personal property by you, the other Members on your membership, or your or their guests, you shall be responsible for any attorney’s fees’ and/or costs incurred by BSS in enforcing its rights under these Terms and Conditions. (f) Any waiver by BSS of any right or obligation hereunder shall be deemed a continuing waiver and no failure by BSS to exercise, in whole or in part, any rights provided to BSS hereunder shall prevent the later exercise of such right or any other right. No waiver by BSS shall be effective unless such waiver is in writing and signed by BSS. (g) The invalidity or unenforceability of any term or provision of these Terms and Conditions will 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. (h) 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