The following Terms and Conditions shall apply to all SIG SAUER Experience Center Memberships for the SIG SAUER
Experience Center in Epping, NH. Any reference to “Primary Member” shall refer to the person under whose name a
membership is issued. Any reference to “you” or “your” shall refer to the Primary Member identified on the
Membership
account. Any reference to “family members” shall mean the Primary Member’s immediate family members entitled to
Membership benefits under a Family Membership, as set forth herein. Any reference to “Member” or “Members” shall
mean
the Primary Member and any of his or her family members entitled to Membership benefits under a Family
Membership.
Any
reference to “Facilities” shall mean the SIG SAUER Experience Center, and the shooting range therein.
- Membership Requirements. No Membership shall become effective until: (1) the Primary Member
and (in the case of
Family Memberships) all immediate family members 18 years old or older have completed a background check to
SIG
SAUER’s
satisfaction; (2) the Primary Member and all immediate family members have completed and submitted to SIG
SAUER
a
completed waiver of liability, as well as waivers completed by the parent or legal guardian for any family
members under
the age of 18; and (3) the payment for the Membership has been made in full. No Membership shall be granted if
the
Primary Member does not pass a background check to SIG SAUER’s satisfaction, or if, prior to Membership
effectivity, SIG
SAUER learns that the Primary Member is a person prohibited from purchasing, transporting, receiving, or
possessing a
firearm pursuant to 18 USC 922 or applicable state law. Application of Family Memberships may be limited if a
family
member’s background check is not completed to SIG SAUER’s satisfaction, or SIG SAUER learns that any family
member is a
prohibited from purchasing, transporting, receiving, or possessing firearms. All Members must be citizens of
the
United
States. Upon completion of all above requirements, the Membership shall commence (the “Commencement Date”).
- Membership Cards. Membership cards shall remain the property of SIG SAUER at all times, and
shall be returned at SIG
SAUER’s request upon termination or expiration of Membership. Members shall not make any copy or other
facsimile
of any
Membership cards at any time. The replacement fee for any lost or damaged Membership card shall be $5.
- Term. All Memberships shall be effective for a term of one year from the Commencement Date,
unless earlier terminated pursuant
to these Terms and Conditions.
- All Sales Final; SIG SAUER’s Right to Terminate. All sales of Memberships are final, may
not
be cancelled by Member for any reason, and are non-refundable. SIG SAUER may
terminate any Membership at any time if, in its sole discretion, (1) it determines that any Member or Member’s
guest has
violated these Terms and Conditions, the Range Rules, or the direction of SIG SAUER personnel while at the
Facilities;
(2) it determines that any Member or Member’s guest has engaged in conduct, which in its sole discretion, is
prejudicial
to the welfare, good order, or character of SIG SAUER or is threatening, injurious, or destructive to SIG
SAUER
or any
other persons at the Facilities; or (3) it determines that any Member is or has become a person prohibited
from
purchasing, transporting, receiving, or possessing a firearm pursuant to 18 USC 922 or applicable state law,
by
sending
written notice to the Primary Member. SIG SAUER reserves the right to restrict or partially terminate any
Membership, in
its sole discretion, if it finds that any conduct that would otherwise be grounds for termination was taken by
a
family
member or Member guest, and it finds that termination of the Membership in full would be inappropriate, by
revoking the
Membership benefits or guest privileges of the party involved in the offending conduct. Termination, partial
termination, or restriction of any Membership hereunder shall not entitle Member to any refund or other
compensation.
- Changes in the Terms and Conditions. SIG SAUER reserves the right to add, eliminate, or
change
any of these Terms and Conditions at any time, and from time
to time, at its sole discretion. Such changes shall be effective on the date such revised Terms and Conditions
are
posted to SIG SAUER’s website, or otherwise communicated to Members, whichever is earlier.
- Membership Benefits; Changes in the Membership Benefits. Information regarding Membership
Levels and the benefits associated with each Membership Level can be found at
Range Membership Options. All Membership benefits shall only be valid
for
the duration of
the
Membership, and must be used within the Term. Any unused benefits after termination or expiration of
Membership
shall be
forfeit. SIG SAUER reserves the right to add, eliminate, or change any published Membership benefit at any
time,
and
from time to time, at its sole discretion. Such changes shall be effective on the date such revised Membership
benefits
are posted to SIG SAUER’s website, or otherwise communicated to Members, whichever is earlier.
- Family Memberships. A Family Membership shall grant Membership privileges and benefits to
the
Primary Member identified on the Membership,
his or her spouse, and unmarried children under the age of 21 who reside in the Primary Member’s home or are
enrolled in
education on a full-time basis, subject to the limitations herein, including limitations on access, and
limitations
on
the privileges of any family members under the age of 21. To qualify for inclusion under a Family Membership,
each
family member must meet all conditions of membership, and a waiver of liability executed by the parent or
legal
guardian
must be on file for each family member under the age of 18 prior to their use of the Facilities. Any family
member
under
the age of 18 may only use the Facilities when under the direct supervision of the Primary Member, or his or
her
spouse
who meets the requirements of Membership and is 18 years old or older.
- Employee Memberships.Employee Memberships shall only be available to SIG SAUER employees
who have
achieved at least 90 days of consecutive
service with SIG SAUER. In the event that an employee leaves employment with SIG SAUER during their period of
Membership, such Membership shall automatically convert to a Standard level Membership for the remainder of
the
Membership period, with the benefits associated therewith, at no additional charge. This membership shall be
suspended
until completion of a background check to SIG’s satisfaction.
- Range Rules. All Members and guests shall be required to abide by the Range Rules, and any
other
rules or directions as may be
provided or communicated by SIG SAUER personnel, at all times while at the Facilities. Failure to do so may
result
in
termination, partial termination, or restriction of Membership. All Members shall ensure that any guests are
fully
aware
of and comply with the Range Rules and any other directions of SIG SAUER personnel.
- Compliance with Laws; Reporting of Violations. All Members hereby agree that they shall
remain
apprised of, and in compliance with all applicable laws and regulation
at all times when exercising their Membership privileges, and shall report any suspected violations of law or
SIG
SAUER’s rules or policies at the Facilities to SIG SAUER immediately.
- Guest Policy. Your Membership may include guest privileges. All guests accompanying a
Member to
the Range must complete a waiver of
liability upon arrival, provide proper identification, and abide by all range rules and rules or direction of
SIG
SAUER
personnel while at the Facilities. Guests under the age of 18 will not be permitted unless accompanied by and
under
the
direct supervision of the guest’s parent or legal guardian. Members shall remain responsible for their guests
and
guests’ actions while at the Facilities at all times, and violations of these Terms and Conditions, the Range
Rules,
or
other directions of SIG SAUER personnel by guests may result in termination or restriction of Membership.
- Injury and Accident Reporting. If a Member experiences, or becomes aware of any incident at
the
Facilities that results in injury to a person, or
damage to SIG SAUER’s or a third party’s property, it shall immediately notify SIG SAUER of such occurrence.
- Use of Facilities. Use of the Facilities shall be available to Members on a
first-come/first-serve basis (notwithstanding any Membership
Benefits related to priority booking) during the normal business hours of the Facilities. You acknowledge and
agree
that
the Facilities are not provided for the exclusive use or benefit of Members or their guests. From time to
time, SIG
SAUER may host events, promotions, private rentals, courses, or other activities at the Facilities. All such
events
and
any necessary maintenance requiring closure of the Facilities may limit availability to Members. No Member
shall use
the
Facilities to conduct any classes or private lessons, or any other activities for compensation.
- Photographs and Video Recording. All activities at the Facilities may be photographed
and/or
recorded at any and all times. Members grant SIG SAUER and
its agents, affiliates, and assigns the irrevocable right and authorization to use the Member’s and Member’s
guest’s
photo, video, or film likenesses for any legitimate purpose. Member further agrees that neither he or she, nor
any
Member guest shall be entitled to any compensation for such use, and all such photos, videos, or recordings
shall
remain
the property of SIG SAUER.
- No Ownership Interest. Member hereby acknowledges and agrees that a Membership does not
entitle
Members to any rights or benefits other than
those associated with their Membership level, described here Range
Membership
Options and that
Membership does not constitute any lease or other interest in real property, or any ownership interest in, or
ability to
bind, SIG SAUER, Inc., in any manner.
- Not Transferable. Memberships are non-transferrable and non-refundable, and cannot be sold
or
proxied. You may not, voluntarily or by
operation of law, assign or otherwise transfer or encumber your Membership or any part thereof.
- Assumption of the Risk. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE FACILITIES INVOLVES
THE USE
AND DISCHARGE BY YOU AND OTHERS OF PISTOLS,
RIFLES, AND OTHER FIREARMS, 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 AND USING THE FACILITIES. IN CONSIDERATION OF THE USE OF THE FACILITIES BY YOU, FAMILY
MEMBERS,
AND
GUESTS, YOU HEREBY ACCEPT AND ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES, LOSSES, OR DAMAGES
SUSTAINED OR
INCURRED BY YOU, YOUR FAMILY MEMBERS, OR GUESTS RESULTING FROM OR ARISING OUT OF ANY ACTIVITY OR EVENT
OCCURRING AT
THE
FACILITIES, AND RELEASE IN FULL, COVENANT NOT TO SUE, AND FOREVER DISCHARGE SIG SAUER, ITS OFFICERS,
DIRECTORS,
AGENTS,
EMPLOYEES, ASSIGNS, AND AFFILIATES, WHETHER ACTING OFFICIALLY OR OTHERWISE, ON BEHALF OF YOURSELF, YOUR FAMILY
MEMBERS,
YOUR GUESTS, YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND PERSONAL REPRESENTATIVES, FROM AND AGAINST ANY 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 AT THE FACILITIES.
- Indemnification. To the fullest extent permitted by law, you shall indemnify, defend, and
hold
harmless, SIG SAUER, its director,
officers, employees, agents, assigns, and affiliates (the “Released Parties”) from and against any and all
claims,
liabilities, damages, losses, injury, death, costs, and expenses (including reasonable attorneys’ fees),
including
but
not limited to amounts paid in satisfaction of judgments, compromises, settlements, fines, and penalties, that
are
incurred by SIG SAUER and arise out of or relate to the exercise of the Membership Benefits, or any act,
omission,
or
violation by you, family members, or guests who access and/or use the Facilities, or anyone claiming to be
acting
under
your direction or control or on your behalf, whether or not there exists any degree of fault or negligence on
the
part
of the Released Parties in relation to any indemnified matter. This indemnification, defense, and hold
harmless
provision, insofar as it may be adjudged to be against public policy, shall be unenforceable and void only to
the
minimum extent necessary so that the remaining terms of this indemnification, defense, and hold harmless
provision
may
be within public policy and enforceable. The provisions of this section shall survive any termination or
expiration
of a
Membership.
- Notices. All notices regarding your Membership and Membership status shall be delivered via
email
to the email address of the
Primary Member on file. All notices shall be deemed delivered at the close of business on the date such notice
is
sent
by SIG SAUER. Any communication from the Member to SIG SAUER must be made via email sent to secrange@sigsauer.com.
- Entire Agreement. These Terms and Conditions, in combination with the description of
Membership
Benefits available at
Range Membership Options, constitute the sole and entire agreement
between
you and SIG SAUER with
respect to the Membership. You acknowledge that there have been no other promises, warranties, or
representations,
either express or implied, pertaining directly or indirectly to the Membership which are not contained herein,
or in
the
description of Membership Benefits.
- Waiver. Any delay or failure of SIG SAUER to enforce these Terms and Conditions, require
performance, or insist upon strict
compliance with these Terms and Conditions, shall not constitute or be deemed a waiver of any such term or
condition,
nor shall any waiver or relinquishment of any right or power hereunder at any one time or more times be deemed
a
waiver
or relinquishment of such right or power at any other time or times. No waiver of these Terms and Conditions
by SIG
SAUER shall be valid unless in writing and signed by an authorized SIG SAUER representative.
- Force Majeure. SIG SAUER shall not be deemed liable or deemed to be in default for any
delay or
failure in performance, or limitation
on access to the Facilities that is deemed to result from, directly or indirectly, acts of God, civil or
military
authority, acts of public enemy, war, pandemic, accidents, fires, explosions, earthquakes, floods, failure of
transportation, strikes or other work interruptions by its employees, or any other similar cause beyond the
reasonable
control of SIG SAUER.
- Severability. If any term or provision of these Terms and Conditions is found to be
invalid,
illegal, or unenforceable, such
invalidity, illegality, or unenforceability shall have no effect on any other term or provision herein, or
invalidate or
render unenforceable such term or provision in any other jurisdiction.
- Governing Law; Choice of Forum. All Memberships, and these Terms and Conditions, and any
matters
arising out of or related to a Membership, are governed
by, and shall be construed in accordance with, the laws of the State of New Hampshire, without regard to the
conflict of
laws provisions thereof. You hereby irrevocably agree that any claim or proceeding brought against SIG SAUER
in
relation
to your Membership shall only be brought in the courts of the State of New Hampshire, or the federal District
Court
for
the District of New Hampshire.