FOP RANGE INC.
TERMS OF SERVICE AND MEMBERSHIP AGREEMENT
Welcome to the FOP Range Inc Terms of Service. These Terms outline the terms and conditions of our relationship with you. By using the Facility or the Membership Services, you agree to be bound by the following terms and all applicable laws and regulations.
IMPORTANT! These terms and any relevant specific terms govern your use of the FOP Range Inc. facility and use of our internet based recurring membership dues management and billing services. These terms and any relevant specific terms are subject to change at any time at FOP Range Inc.’s discretion. Account holders will be notified of any changes in a timely manner via email.
The verbiage contained within this Terms of Service and Membership Agreement shall have the following meanings:
FOP Range Inc. and Facility shall be the same thing.
Terms shall refer to this Terms of Service and Membership Agreement in its entirety.
Services and Membership Services shall refer to third party recurring billing companies, and credit card payment processing companies used by the FOP Range Inc. for the purpose of securing payment for Membership Accounts by its individuals and the fees necessary for that purpose.
Account shall refer to an membership account created and maintained by an individual to gain access to the FOP Range Inc. facility for a period of time.
Membership Agreement shall refer to a group of rules and performance expectations on the part of the Membership Account holders while using the facility. Said Agreement is at the bottom of this TOS.
Billing Date shall be the first day of each month if a monthly membership account holder and the first day the month following joining and annually thereafter you are an annual membership account holder.
Site refers to the Facility’s website, www.foprange.com.
OWNERSHIP & LIMITED LICENSE
For so long as you are our customer and paying the Membership Fees required by these Terms, FOP Range Inc. grants to you a non-exclusive right to use the Facility and our Services, subject to the restrictions set forth in these Terms and any other restrictions communicated by us in writing.
RESTRICTIONS ON USE
You may use the Facility only for purposes expressly permitted by the FOP Range Inc. You may not use the Facility for any other purpose, including any other commercial purpose, without our express prior written consent.
To obtain full access to the FOP Range Inc. and our Services, you will be required to complete a registration. You will be asked to (a) provide certain registration details or other information; (b) to establish an account specific to you by choosing the Membership Service Plan to be provided by us under the terms and pricing set forth at foprange.com/membership; and (c) to pay a registration/setup fee. By signing up for your Account, you agree to pay the fees designated for the Membership Service Plan you selected.
To create your Account, to login to the Site, and/or to participate in any Services offered by the Site, you must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of these Terms and may result in the termination of your Account and authorization to use the Facility and the Services. Specifically, you agree that:
You are (a) at least 21 years of age and (b) not prohibited from possessing firearms due to criminal history or mental defect. We expressly reserve the right (but do not have the obligation) to request proof of your age by government issued identification, or proof of ability to possess firearms with a valid pistol permit, at any time;
All information that you provide in your registration form with us for the purposes of establishing your Account is true and correct and you will promptly notify us of any changes to such information;
Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your Account, or user ID to access or use the Facility, or for any other purposes. You accept responsibility for all activities that occur under your Account, and all such use shall be deemed to be authorized by you;
You will not use the Facility for illegal purposes;
You will ensure that all use of your Account fully complies with these Terms. We may suspend or terminate your access to the Facility and the Services without notice to you in the event that violate the Terms contained herein.
Your Account must be registered under your current legal name, your email address, best phone number and your current address. It is your responsibility to keep your e-mail address current. All primary notifications shall be by email. If you need to update your email address, please contact the facility at 205-744-2600 or firstname.lastname@example.org.
To access the Facility, you must have a valid Account established. Further, you must meet all the conditions described throughout these Terms.
VERIFICATION OF ACCOUNT INFORMATION
We reserve the right (but do not undertake the obligation) to conduct a review, at any time, to validate your Account information and/or to ensure that your participation at the Facility and use of the Services does not breach these Terms and/or any applicable law. You authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we, in our discretion, may request. If you do not provide such information within thirty (30) days of our request, if your responses are incomplete or otherwise insufficient, or if we cannot verify the information applicable to your Account, your Account may be terminated.
Payments to us for Service and Membership Fees for your Account must be made using means of payment that we may approve from time to time. We currently require payments be made by a major credit card (i.e., VISA & MasterCard). Payments must be made from a payment source on which you are the named account holder. Payments are not refundable for any reason.
You will be charged Membership Services on the first day of the month it becomes due ("Billing Date"). A Late Payment Fee of $25 will be due and immediately payable if your Account remains unpaid for 30 days after its due date, entering another billing cycle. You agree to pay us all reasonable attorney's fees and costs incurred by us to collect any past due amounts. Your Account will be deactivated without further notice if payment is past due, regardless of the dollar amount. If you do not pay the outstanding balance or otherwise contact us regarding reactivating your Account within thirty (30) days, we may suspend or terminate your Account. We may change our fee structure at any time with thirty (30) days notice to existing membership account holders via email.
You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Facility or the Services. You waive your right to dispute any payment made into your Account and you will bear all costs.
Any attempt to defraud, through the use of credit cards or other methods of payment in connection with the Facility or the Services, or any failure by you to honor charges or requests for payment will result in immediate termination of your Account and may result in civil claims and/or criminal prosecution against you.
In the case of suspected or fraudulent payment, or any other fraudulent activity, we reserve the right to block your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.
PROCESSING OF ACCOUNT PAYMENTS
We may use third-party electronic payment processors and/or financial institutions ("ESPs") to process financial transactions. By setting up and using the Services, you authorize us, as necessary, to instruct such ESPs to handle such transactions. You authorize us to give such instructions on your behalf in accordance with your requests as submitted to the Facility for the use of Services. You acknowledge that each ESP has its own terms and conditions of use and that we are not responsible for said terms and conditions. In the event or conflict between these Terms and the ESP's terms and conditions regarding the Site or the Services, these Terms shall prevail. The current ESPs are Moonclerk for recurring billing and Stripe for payment processing.
Our services are provided on an initial annual (12 month) basis followed by a month-to-month basis if your account is a monthly payment account. To provide continuous service, we automatically renew all paid subscriptions to Membership Services upon expiration. By using the Services, you acknowledge that your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish your Account to renew automatically, please follow the directions set out under the "Termination or Cancellations of Accounts & Refunds" section of these Terms.
TERMINATION, CANCELLATION OR REINSTATEMENT OF ACCOUNTS & REFUNDS
We may terminate these Terms, terminate your access to all or part of the Facility and/or Services, or suspend any user's access to all or part of the Facility and/or Services, at any time, without notice to you, if we believe, in our sole judgment, that you or any user connected to you have breached or may breach any term or condition of these Terms or of the Membership Agreement posted below, if we believe it is required by law, or otherwise. We may delete any Account Data or other materials relating to your use of the Facility and/or our Services on our servers or otherwise in our possession. You acknowledge that we shall not be liable to you or to any third party for any termination of your access to the Facility and/or our Services.
We reserve the right to terminate your Account for nonpayment if, by thirty (30) days after deactivation of your Account, you have not brought your Account balance current or contacted us regarding reactivation. You may cancel at any time following the end the first 12 month period of Membership with 5 days notice before your billing date. Cancellation during the 12 month period will incur a 50% early termination fee of the remainder of unpaid monthly prorated payments. Annual Membership payment accounts may be terminated with 5 days notice prior to the annual billing date for your Account. Reactivation of a cancelled account will require payment of all past due amounts, if any, and completing a Membership Services commencement for the type of membership wanted before access to the facility shall be granted.
Reactivation of terminated accounts require Facility staff to review what happened to cause the account to become terminated and evaluate going forward. Monthly membership accounts that were terminated for nonpayment may not qualify for the establishment of a replacement monthly membership account; instead, an annual membership account may be necessary. Accounts terminated for breach of safety rules, violation of the Membership Agreement, unsportsmanlike conduct, consumption or presence of drugs or alcohol shall not be reactivated.
All payments made to the Facility through Membership Services are non-refundable for any reason.
DIRECTIONS FOR CANCELING YOUR ACCOUNT
Call the FOP Range Inc. at 205-744-2600 during business hours.
Speak with Range Staff and make your request.
Follow that conversation up with written notification via email.
Your Account will be deactivated immediately upon your cancellation request. The two step cancellation verification process is for the security of your account.
You agree that termination or cancellation will not relieve you of any obligation to pay any accrued charges, unless otherwise stated above. You shall be charged the full amount of the fee for the month in which our Services were terminated. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of the Services.
Upon termination of your Account for any reason, we will delete any personal information regarding your Account.
We will implement appropriate technical and organizational measures to ensure a level of security appropriate to the information required for the performance of the Services.
MODIFICATION & TERMINATION OF THESE TERMS
We may modify these Terms from time to time. We will notify you via email or posting on the FOP Range Inc. Site of such modification and will note the date of the last modification. If you use the Site or the Services after those updates are posted, you are deemed to accept and agree to be bound by those changes. These Terms will continue to apply until terminated either by you or by us as previously described in these Terms.
SERVICE USE & LIMITATIONS
We will make commercially reasonable efforts to keep the FOP Range Inc. Facility and its Services operational 362 days a year except for: (a) planned downtime (for which we will provide at least eight (8) hours prior notice via social media page); or (b) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays. The Facility is not available to members on Easter Sunday, Thanksgiving Day or Christmas Day.
The Membership Services are a subscription management and billing software service. You acknowledge and agree that: (a) we will be processing payment transactions on your behalf; (b) we are not a bank or other chartered depository institution; and (c) we will not hold any monies for you. Accordingly, you agree that we will not be responsible or liable for any amounts related to any credit card or online payment transaction.
NO WARRANTY; DISCLAIMER & LIMITATION OF LIABILITY
We have no obligation to check whether users are using the Site or the Services in accordance with these Terms or any other agreement.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site and the Services for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet.
OUR SERVICES AND ALL MATERIALS ON THE FACILITY ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOP RANGE INC. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THE FACILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL FOP RANGE INC., OR ITS AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE FACILITY OR OUR SERVICES OR YOUR INABILITY TO USE THE FACILITY, OUR SERVICES, OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE FACILITY, OUR SERVICES, OR ANY WEBSITE OPERATED BY ANY THIRD PARTY.
IF YOU ARE DISSATISFIED WITH US, THE FACILITY, OUR SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE FACILITY AND OUR SERVICES.
You agree that FOP Range Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Facility or our Services. You hereby release FOP Range Inc., its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to our Facility or our Services.
You agree to defend, indemnify and hold FOP Range Inc, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") from and against any and all liability, loss or damage, cost or expense, including but not limited to court costs, attorneys' fees, and any awards or damages caused by, relating to or incident to: (a) your use of our Services; (b) the Facility; (c) the products and/or services offered through the FOP Range Inc.
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, (INCLUDING YOUR VISIT TO OR USE OF THE FACILITY) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that you have otherwise violated any of the user conduct rules set forth above.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules (collectively the "AAA Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The arbitration shall be held in Jefferson County, Alabama, at a locale to be proposed by FOP Range Inc., and the allocation of costs and fees for the arbitration shall be determined in accordance with the AAA Rules and shall be subject to the limitations in these Terms. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of Alabama, and shall not use equitable or other principles which would permit the panel to ignore these Terms or the law. The arbitration panel's award shall be binding and may be entered as a judgment in any court of competent jurisdiction, provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Any award in arbitration shall be subject to all dollar and other limitations set forth in these Terms.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE FACILITY, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to the Facility (including your visit to or use of the Facility) be instituted more than one (1) year after the cause of action arose.
These Terms shall be governed by the laws of the State of Alabama without giving effect to any choice or conflict of law or rule (whether of the State of Alabama or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Alabama. You consent to jurisdiction and venue in the state or federal courts of the State of Alabama.
MISCELLANEOUS TERMS & SEVERABILITY
FACILITY MEMBERSHIP ACCOUNT AGREEMENT
1. ASSUMPTION OF RISK
I understand the fact that the use of, discharge of, or being in the vicinity of firearms is potentially dangerous, and may result in me being injured, seriously injured, or killed and having this knowledge in mind, I fully accept the risk of coming onto and remaining on F.O.P. RANGE INC. property. I agree to release and hold harmless from all actions, torts, lawsuits, etc., F.O.P. RANGE INC., its officers, owners, agents, employees, range officers, and the FOP Lodge 58. I accept and understand the above terms as a member, visitor, guest, spectator, competitor, student, or any other capacity that I may be present on F.O.P. Range Inc. property.
2. MEMBERS RESPONSIBILITIES
A. Members are fully responsible for the actions of their guests.
B. Members are fully responsible for their personal property and their guest's personal property and vehicles. In no case will F.O.P. Range Inc. be responsible for the safety of, theft from or the damage to any member's or guest's property.
C. Members are fully responsible for any children or pets. All pets must be on a leash and under control at all times. No pets are allowed on firing ranges. In no case will the children of any member or guest be allowed on the property without the adult member's or adult guest's supervision at all times.
D. Except normal wear and tear, any intentional or negligent damage to any property is the member's responsibility to repair or replace at F.O.P. Range Inc. discretion. It is also the member's responsibility to report any damage or destruction of any property. Members are fully responsible for the actions of their guests.
E. The care of any range property loaned to any member or their guest is the member's responsibility. The return, repair, or replacement of this property is the member's responsibility.
3. RIGHT TO SEARCH
The F.O.P. Range Inc. reserves the right to search any vehicle, bag, container, or person that comes on the range property to attempt to recover any stolen property. F.O.P. Range Inc. reserves all rights under State law in regards to private property.
4. RIGHT OF REVOCATION
Any member, guest or person that fails to obey any safety rule, policy, sportsmanship rule, contest rule, training rule, or any other term of entrance is subject to suspension or revocation of their membership or range use privileges. There will be no refund of any monies, membership dues, fees, or deposits if any person is required to leave the property or any membership is suspended or revoked.
5. RANGE CLOSURE
F.O.P. Range Inc. reserves the right to close the range to members for any reason deemed necessary. The F.O.P. Range Inc. will make all reasonable effort to minimalize range closings and to notify members prior to closing the range.
6. MEMBER INFORMATION
F.O.P. Range Inc. is committed to being an equal opportunity recreation and training facility. We do reserve the right to refuse the use of our facility to anyone based on criminal history, intoxication, mental defect or behavioral problems. In no case will we subject any person to an unsafe or unstable shooting environment. Persons who are forbidden by law from possession of a firearm will not be allowed on the property. Your safety is our highest standard.
7. UNSAFE EQUIPMENT
The F.O.P. Range Inc. reserves the right to forbid the use, discharge, or possession of any firearm, ammunition, archery bow, air gun, or any other property brought on the F.O.P. Range Inc. property. Any property deemed unsafe will be removed immediately from the F.O.P. Range Inc. property.
9. OBEY COMMANDS
Members and their guests shall follow the commands or directives of the F.O.P. Range Inc. staff. Members and their guests will at all times obey all posted signs, notices, and directives, including all traffic signs posted on the roadways entering and exiting the range.
10. USE OF VERBAL COMMANDS
All members and guests are required to use verbal range commands. These commands are:
"RANGE IS GOING HOT" - Before loading the firearm.
"RANGE IS CLEAR"- When your firearm is empty of ammo and made safe (action open and magazine removed)
"GOING DOWNRANGE" - Announce prior to walking downrange to check targets. No firearms handling while someone is downrange.
"CEASE FIRE" - If at any time you see any unsafe act or action. Stop shooting immediately, make all firearms safe.
12. MEMBERSHIP ACCOUNT FEES
Annual Membership account fees are due in full on first day of the month following the anniversary of the member's initial membership. A 30 (thirty) day grace period will be allowed for the payment of annual dues. After the grace period, a $50 (fifty dollar) late fee will be imposed. Yearly membership dues are subject to change upon renewal. Life memberships are subject to an annual maintenance fee.
Monthly membership account fees are due on the first day of the month following the date the member joins. Monthly membership accounts run for a minimum of 12 months and then become a month to month basis once the first year has passed. Monthly membership fees are collected via a third party processing company on the first of each month. When a member’s payment of said fee is dishonored by his banking institution, he shall have 17 days to cure the default or be subject to a dishonored transaction fee of $25 in addition to the nominal amount owed. Monthly membership accounts which remain unfunded for 30 days and enter a second billing cycle will incur a $25 late fee in addition to the Dishonored Transaction Fee and nominal amount owed for membership.
14. AMMUNITION ALLOWED
Reloaded ammunition is allowed. F.O.P. Range Inc. is not and will not be responsible for any damage to property or injuries to persons from the use of reloaded or handloaded ammunition. Tracer, armor piercing, incendiary, or explosive ammunition is prohibited. Black powder firearms are permitted.
15. LOADED FIREARMS
Firearms are to be loaded only on a range firing line. No loaded firearms are allowed inside the Main Office, restrooms, or in any parking area. The use of a gun case or holster for the transport of firearms while at the Facility is required.
16. EYE AND EAR PROTECTION IS REQUIRED AT ALL TIMES!!!
The Facility maintains several ranges dedicated to reactive steel plate target shooting. Use of such systems has a by-product of very small bullet fragments that may return up-range towards the firing line. The steel target systems are maintained and any damaged targets are replaced or repaired and the chances of injury to anyone from well maintained steel target systems is minimal… However, injury is possible to soft tissue so ANSI rated eye protection is required of all persons while on the Facility.
17. STEEL TARGET USE
The Facility utilizes target grade steel plate target systems. They are made from AR500 plate and can take a pounding. Members must be aware that there are different grades of AR500 plate for different velocities of ammunition.
(a) The Facility maintains a 22 Long Rifle Rimfire Range. The plates and systems there are designed for the dedicated use of 22 long rifle rimfire ammunition and ammunition more powerful than that will damage the targets there. Use of any other ammunition on the 22 Rimfire Range is prohibited and members caught doing so will have their Account terminated and be held liable for the damages caused.
(b) The Facility maintains a Centerfire Handgun Steel Plate Range. The plates there are heavier and designed for use of handgun velocity ammunition. 1600 fps is the maximum velocity allowed. Nearly all handgun ammunition falls under that power rating. 22 long rifle rimfire ammunition is permitted here. Centerfire rifle ammunition is prohibited. Members caught using centerfire rifle ammunition on the Pistol Steel Plate Range will have their Account terminated and be held liable for the damages caused.
(c) The Facility maintains steel plate targets on both of our rifle ranges for use with centerfire rifles. All lesser ammunition may be fired on the rifle steel plates. No steel or tungsten core ammunition is allowed on any of the steel targets at the Facility.
I FULLY UNDERSTAND AND AGREE to the above terms and conditions and hereby submit this application agreement for membership to the F.O.P. Range Inc. facility. I FULLY UNDERSTAND that this membership is subject to suspension or revocation for violation of the above agreement. No refunds shall be issued. I FULLY UNDERSTAND that the use of firearms is inherently dangerous and I AM AWARE that being in the vicinity of firearms can result in the loss of life. I WILL FOLLOW ALL SAFETY RULES to assure a safe shooting environment for everyone.
TERMS OF SERVICE
MEMBERSHIP AGREEMENT ACKNOWLEDGEMENT
I agree that the checking the Terms of Service box on the account checkout web page is deemed sufficient evidence and proof that I have read the above Terms of Service and fully understand such Terms and fully agree to all the information contained therein. I authorize the FOP Range Inc. to withdraw funds from my account on the first (1st) day of each month for my monthly payment membership or if an annual member, on the first (1st) day of the month following the anniversary of the date I joined. This authorization will be effective until I give the FOP Range Inc. at least 5 business days' notice to cancel.