Top Shot Membership INDIVIDUAL & FAMILY MEMBERSHIP MEMBERSHIP APPLICATION AND AGREEMENT INSTRUCTIONS

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1 Top Shot Membership MEMBERSHIP APPLICATION AND AGREEMENT INSTRUCTIONS The Membership Application package consists of the following pages: Membership Application and Agreement (1 page) ( Application ) Terms and Conditions of Membership (2 pages) Payment Authorization (1 page) Membership Application Checklist (1 page) If you are opening this Application on-line, it has been set up as an Adobe fillable form. When you open the form in Adobe Acrobat Reader, it will highlight the fields to be completed. The fields on the top of the Payment Authorization should fill in automatically as you complete the Application. If you are filling in a printed copy of the Application, please print clearly. Complete all fields in the Application that apply. Check the box indicating which Membership Type you desire. If you only desire an Individual Membership, you do not need to complete the Family Members section. If you desire a Family Membership, the Family Members section should be completed for all family members 21 years of age and older that desire to have full membership privileges, including afterhours access. Also indicate whether you desire to rent an optional private locker, and the size. There are very few large lockers. If you desire a large locker but one is not available at the time you join, your name will go on a waiting list for the large lockers and you will be given the small locker in the interim. The Membership Fee is the same regardless of the type of Membership. You can change from Individual Membership to Family Membership, or vice versa, by sending an to memberships@topshot.store and instructing us to make the change. The change will be effective on the first day of the following month, provided we receive your notice in enough time to implement the change to the recurring monthly payment charge. Please sign the Application and return the entire Application package with a check for the Membership Fee payable to Top Shot Indoor Range and Guns in the amount of $2,000 to: Membership Services Range and Guns 5685 SE Loop 281 Longview, Texas You will also be contacted by to make arrangements for the Club orientation and schedule the NRA First Steps Pistol Class. At the Club orientation, we will ask you to complete and sign the Payment Authorization for the monthly dues, and pay the pro-rated dues for that month. You will also need to bring evidence of a firearms background check in your recent past. The background check can be evidenced by a Federal Firearms License, a Texas Concealed Handgun Permit, a Texas Pistol Permit, a law enforcement ID (if presently employed as law enforcement officer), or a copy of a receipt for a firearm purchase within the past six months. Please feel free to forward this Application package to any of your friends or business associates who might also be interested in joining.

2 MEMBERSHIP APPLICATION AND AGREEMENT The undersigned hereby applies to become a Member of at Point Blank Range ("TOP SHOT") and provides the following information as part of his or her application for membership: Primary Member SS# - - DOB / / First Name Last Name Home Address Mailing Address (if different) Home Phone Work Phone Cell Phone address NC Driver s License # Occupation Place of Employment FAMILY MEMBERS EMERGENCY CONTACTS First Name Last Name Relationship Daytime Phone Evening Phone First Name Last Name Relationship Daytime Phone Evening Phone Are you a United States citizen? Yes No Have you ever been convicted of a felony? Yes No Do you have a Texas Concealed Carry Permit? Yes No If yes: Number Expiration Date Have you ever been in the military or law enforcement? Yes No If yes: Branch/PD Date Are you retired from law enforcement or the military? Yes No If yes: Branch/PD Date retired How did you hear about us? Newspaper Radio Drive By/Signage Mail/Flyer Internet search Website Referral Which of the following products/services interests you: Handguns Rifles Shotguns Training/Instruction Class III Competition Have you completed any NRA instructional programs? Yes No If yes, which ones? MEMBERSHIP TYPE Individual $60.00 monthly dues Family $85.00 monthly dues LOCKER RENTAL (OPTIONAL) 17 tall locker $8.00 per month 35 tall locker $12.00 per month MEMBERSHIP AND PAYMENT TERMS To establish and qualify for Membership, Member agrees to pay an up-front membership fee of $1, (the Membership Fee ). The Membership Fee is a one-time charge and is non-refundable. Monthly Dues for the Membership selected are due, in advance, on the first day of each month. Dues for the month in which the membership commences shall be prorated. The Membership shall commence on the date TOP SHOT approves and accepts this Membership Application. ACCEPTANCE AND AGREEMENT By executing this Membership Application below, the undersigned acknowledges receipt of the attached Terms and Conditions of Membership, which can also be found at If accepted for membership, the undersigned agrees to be fully bound by the terms thereof, as amended from time to time by TOP SHOT. The undersigned acknowledges and agrees that TOP SHOT reserves the right to change the Terms and Conditions of Membership and all benefits and amenities associated therewith at any time. The undersigned hereby authorizes the disclosure and release of information to TOP SHOT for the purpose of investigating the undersigned s qualifications for membership and agrees that any third party may rely on this release. In the event of a breach of the Terms and Conditions of Membership by the undersigned, his or her guests, or his or her family members (if a Family Membership), the Membership may be terminated by TOP SHOT, and the Membership Fee and any prepaid dues shall not be refunded. The Membership may be cancelled by the undersigned at any time upon at least 15 days written notice. THE UNDERSIGNED AGREES TO RELEASE AND INDEMNIFY TOP SHOT AS SET FORTH IN THE TERMS AND CONDITION OF MEMBERSHIP. / / Primary Member Date

3 PAYMENT AUTHORIZATION Primary Member Individual Family First Name Last Name Member ID# Home Address PAYMENT SUMMARY Membership Dues $ Membership Fee Paid $ Locker Rental $ 1st Month Prorated $ Total Monthly Dues $ Total Paid on Joining $ METHOD OF PAYMENT Cash Check # Visa MasterCard AMEX Discover Card Select a method for monthly dues payments and complete the necessary details: AUTHORIZATION FOR ACH TRANSFERS Account Type Financial Institution Routing # Account # Checking Account Savings Account Branch City State AUTHORIZATION FOR CREDIT CARD PAYMENTS Card Type Visa MasterCard AMEX Discover Name on Card Account # Expiration Date Security Code SEND PAYMENT RECEIPTS TO Contact Name Contact The Primary Member listed above does hereby authorize TOP SHOT INDOOR RANGE & GUNS LLC ( TOP SHOT ) to process payment for the monthly dues set forth above (as modified from time to time) and for any other charges due under the Terms and Conditions of Membership for the duration of my Membership by initiating debit entries to the account at the financial institution authorized above for ACH transfers or initiating charges to the credit card account authorized above for credit card payments, as applicable. This authorization shall remain in full force and effect until TOP SHOT has received WRITTEN NOTIFICATION from the undersigned of cancellation in such time, and in such manner, as to afford TOP SHOT and the designated financial institution a reasonable opportunity to act on it, WHICH SHALL BE AT LEAST FIFTEEN DAYS IN ADVANCE OF THE MEMBER'S NEXT PAYMENT DUE DATE. / / Primary Member Date

4 MEMBERSHIP APPLICATION CHECKLIST FOR INTERNAL USE ONLY Primary Member Individual Family First Name Last Name Member ID# Home Address Primary Member Verified Date Membership Fee and Prorated Dues Received Set-up monthly dues payment Membership kit delivered to Member Biometric ID Set-up ID # Biometric ID Set-up ID # Biometric ID Set-up ID # Biometric ID Set-up ID # Biometric ID Set-up ID #

5 TERMS AND CONDITIONS OF MEMBERSHIP The following Terms and Conditions shall apply to all Memberships issued by TOP SHOT INDOOR RANGE & GUNS LLC ( TOP SHOT) for membership in Top Shot Indoor at Point Blank Range. Any reference to you or your shall refer to the Primary Member identified on the Membership Application and Agreement (the Application ) for such Membership. 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 Members shall mean the Primary Member and any of his or her family members 21 years of age or older entitled to membership benefits under the Family Membership. 1. MEMBERSHIP REQUIREMENTS. No Application for membership shall be effective until: (a) the Application is completed and signed by the Primary Member and submitted to TOP SHOT with the required Membership Fee, (b) the first month s pro-rata dues are paid in full, (c) a Payment Authorization is signed and delivered to TOP SHOT providing for payment of the monthly Membership dues, (d) the Primary Member (and each family member 21 years of age or older desiring Club privileges, in the case of a Family Membership) provides evidence that they are qualified to purchase a handgun (i.e., Texas Concealed Handgun Permit, Texas Pistol Purchase Permit, law enforcement ID, a recent receipt for the purchase of a firearm), and (e) the Application is approved and accepted by TOP SHOT. Access to the Club Lounge will only be available to Members who have completed the Club orientation. Access to the Range after normal business hours will only be available to Members who have successfully completed the NRA First Steps Pistol course taught by TOP SHOT s NRA certified instructors. The tuition for the NRA First Steps Pistol course is waived for Club Members. TOP SHOT reserves the right to approve or reject any Membership Application. 2. MEMBER S RIGHT TO CANCEL. You may cancel the Membership at any time by sending written notice to TOP SHOT as provided herein. If the notice is received on or before the 15 th day of any month, the cancellation shall be effective as of the last day of such month. If the notice is received after the 15 th day of any month, the cancellation shall be effective on the last day of the next month. The Membership Fee and any prepaid monthly dues shall be earned in full upon receipt and shall be non-refundable in the event of your cancellation of the Membership or termination of the Membership by TOP SHOT for any reason. 3. TOP SHOT S RIGHT TO TERMINATE. TOP SHOT may terminate your Membership at any time for failure to pay the applicable Membership dues or following any breach or violation of these Terms and Conditions or other Rules of the Club by you or any of your family members or guests, or for any conduct which, in the opinion of management of TOP SHOT in its sole discretion, is prejudicial to the welfare, good order, and character of the Club, by sending written notice to you. 4. CHANGES IN THE TERMS AND CONDITIONS OF MEMBERSHIP. TOP SHOT reserves the right, in its sole discretion, to discontinue operation of the Club or to modify these Terms and Conditions of Membership, to sell, lease or otherwise dispose of the Club facilities in any manner whatsoever and to any person whomsoever, to add, issue, modify, or terminate any category of Membership, to discontinue operation of the Club facilities, to limit use of the Club facilities, to convert the Club into a member-owned club, and to make any changes to the Membership benefits at any time. Such changes shall be effective on the date such revised Terms and Conditions of Membership are posted to the TOP SHOT web-site or as otherwise communicated to the Members. Any such changes shall be binding on you on the effective date of the change. 5. CHANGES IN THE MEMBERSHIP BENEFITS. TOP SHOT 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. The Membership benefits at any time shall be as posted on TOP SHOT s web-site or as otherwise communicated to the Members. Such changes shall be effective on the date such revised Membership benefits are posted to the web-site or communicated to the Members. 6. FAMILY MEMBERSHIPS. A Family Membership shall grant membership privileges to the Primary Member identified on the Application and his or her spouse and unmarried children under the age of 26 living in the Primary Member s home or attending school on a full time basis. Any such children 21 years of age or older shall be required to meet the same conditions of membership and shall have the same privileges as the Primary Member; any such children under the age of 21 shall have limited privileges as determined by TOP SHOT, including limitations on afterhours access. A Parent/Guardian Release of Liability must be signed and on file with TOP SHOT for children under 18 years of age prior to their use of the Range. Any children in your Family under 21 years of age shall be allowed to accompany the Primary Member or his or her spouse to the Club Lounge or Range, provided they remain under their direct supervision at all times. Any child between the ages of 8 and 12 may shoot in the Range, provided that the Primary Member or his or her spouse stays in the shooting booth with the child at all times. Any child between the ages of 8 and 12 may only shoot a.22 caliber firearm, without the prior consent of the TOP SHOT General Manager. TOP SHOT reserves the right, from time to time, to limit the use of the Range by children under the age of 21 during peak periods of Range use. 7. PAYMENT OF DUES; OTHER CHARGES. Monthly dues shall be due and payable on the first day of each month. The initial monthly dues shall be as set forth on the Application. The monthly membership dues may be increased at any time upon 30 days prior written notice to you by TOP SHOT. TOP SHOT may also change any other charges applicable to services provided to Members at any time. Monthly dues are required to be paid by a monthly charge to your credit card or ACH debit on your bank account. Payment terms will be set forth in the Payment Authorization executed by you and delivered to TOP SHOT with the Application. You may change the terms of the Payment Authorization by submitting a new Payment Authorization to TOP SHOT at least 30 days in advance of the next payment due date. It is the Member s responsibility to make sure a valid Payment Authorization is on file at all times, and that a new Payment Authorization is submitted any time the applicable bank account or credit card account information is changed. You may, at your option, pay Membership dues for any 12-month period in advance and receive a discount established from time to time by TOP SHOT. 8. LATE CHARGES. It is your responsibility to ensure that the method of payment set forth in the most recent Payment Authorization provided to TOP SHOT remains a valid method of payment. In the event of a cancellation or change in the account information associated with any credit card or bank account, you must provide a new Payment Authorization no less than 15 days prior to the next payment due date. In the event any ACH or credit card charge is declined or returned, you will be responsible for a processing fee of $25.00 in addition to payment of the unpaid dues, for each month that the dues are not paid pursuant to a new Payment Authorization. In addition to the processing fee for any payment that is declined or returned, TOP SHOT reserves the right to immediately limit or terminate any or all Membership privileges on any delinquent Memberships. 9. CLUB AND RANGE RULES. TOP SHOT may establish rules, regulations and policies concerning the operation of the Club and Range (the Rules ) from time to time. The Rules and all changes thereto shall be provided to the Members and shall be posted on the web-site. You acknowledge and agree to follow the Rules

6 at all times, and to ensure that your guests and family members follow such rules. Any violation of the Rules by you or your guests or family members shall be grounds for immediate suspension or termination of all of a portion of your Membership privileges. 10. GUEST POLICY. An Individual Membership shall only cover Membership privileges for the Primary Member. A Family Membership shall only cover Membership privileges for the Primary Member and the qualifying family members as set forth herein who are approved by TOP SHOT. Any other persons accompanying a Member in the Club Lounge or Range shall be considered a guest. You may bring guests to the Club Lounge and/or Range provided you sign them into the Guest Register maintained in the Club Lounge. Only Guests who have completed the Range Orientation and signed the Range Waiver Form are permitted to use the Range at the time of their visit. Each Member may be granted a number of Guest Passes each calendar quarter as a benefit of Membership, as set forth from time to time on the TOP SHOT web-site. Any guest visits during any calendar quarter that exceed the allocated guest passes will be charged to you at the guest rate then in effect. The number of times a particular guest may use the Range during any quarter may be limited. All guest charges shall be paid following the end of each quarter using the most recent Payment Authorization on file with TOP SHOT. You are responsible for supervising your guests at all times they are on the TOP SHOT premises, and for any damages to the premises or Range caused by your guests. 11. USE OF CLUB FACILITIES. TOP SHOT agrees to provide access to the Club Lounge and the Range bay connected to the Club Lounge during the normal business hours of the Range and after normal business hours under the Club s Shooting After Dark program, subject to the provisions hereof and any Rules now in force or hereafter promulgated by TOP SHOT management. You acknowledge and agree that the Club Lounge and Range are not provided for the exclusive use of the Club Members and their guests. From time to time, TOP SHOT may host internal Club events, manufacturer promotions, private rentals, marketing and other events in the Club Lounge and Range during and after normal business hours of the Range. All such events and any scheduled maintenance requiring closure of the Club Lounge or Range shall be communicated to the Members in advance by and/or by posting on the Club bulletin board. 12. LIABILITY AND WAIVER OF LIABILITY. The Primary Member shall be financially responsible and liable for any property damage resulting from the acts or omissions of such Member, their family or guests on the TOP SHOT premises, including damage resulting from shooting the target carrier (intentionally or unintentionally) or damage to any furniture or furnishings in the Club Lounge. You are fully responsible for the loss or theft of, or damage to, any firearms or other personal property you bring to the Club Lounge or Range, or store in a rental locker in the Club Lounge, or leave in your car on the TOP SHOT premises. You hereby release and hold harmless TOP SHOT, its affiliate TOP SHOT Realty LLC, and each of their respective members, managers, officers, employees, and agents (the TOP SHOT 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 Premises by you, your family members and guests. In no event will any TOP SHOT Affiliates have liability for any indirect, incidental, special, consequential or punitive damage, even if advised of the possibility of such damages. 13. INDEMNITY. By execution of the Application and use of TOP SHOT facilities, you agree to defend, indemnify and hold harmless the TOP SHOT Affiliates from and against any claims, lawsuits, damages, liabilities, expenses or costs the TOP SHOT Affiliates may incur, including attorneys fees of counsel acceptable to TOP SHOT ( Claims and Damages ), arising out of or resulting from the acts or omissions of you, your family members or guests. Moreover, you agree to defend, indemnify and hold harmless the TOP SHOT Affiliates from and against any Claims and Damages arising out of or resulting from claims asserted against TOP SHOT Affiliates by your family members and guests. 14. ASSUMPTION OF THE RISK. You acknowledge and agree that the indoor firing range operated by TOP SHOT involves the use and discharge by you and others of pistols, rifles, shotguns, machineguns 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 TOP SHOT and using its facilities. In consideration of the use of TOP SHOT facilities by you, your 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 or guests resulting from or arising out of any activity or event occurring on the TOP SHOT premises, and release in full and forever discharge the TOP SHOT 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 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 TOP SHOT premises. 15. COMMUNICATION AND NOTICES. All communications between you and TOP SHOT shall be by or personal delivery. Accordingly, as a condition to your Membership, you are required to maintain a valid account at all times. Any failure to maintain a valid account shall be grounds for termination of your Membership. The address of the Primary Member as set forth on the Application or the address registered with TOP SHOT for purposes of TOP SHOT s mailing list subscription shall be used by TOP SHOT to communicate with you. Any of your correspondence or notices required hereunder shall be sent to memberships@topshot.store. Either party may change the address for communication purposes hereunder by sending a change of address notice to the other party in accordance with the terms of this paragraph. 16. MISCELLANEOUS. a. The types of memberships 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 TOP SHOT. b. It is the policy of TOP SHOT to accept applications for Membership from any individual, couple, facility or business that meets the requirements established from time to time by TOP SHOT, without regard to race, color, creed, gender, religion or national origin, nor shall such matters ever be made a condition of Membership. c. The Membership is personal to the Primary Member 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 Membership Fee. 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 TOP SHOT 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 which are not contained herein, in the Application or on the TOP SHOT web-site. e. In any dispute relating to non-payment of dues or charges for damage to the premises or personal property by you, your family or guests, you shall be responsible for any attorney s fees and/or costs incurred by TOP SHOT in enforcing its rights under these Terms and Conditions. f. Any waiver by TOP SHOT of any right or obligation hereunder shall be deemed a continuing waiver and no failure by TOP SHOT to exercise, in whole or in part, any rights provided to TOP SHOT hereunder shall prevent the later exercise of such right or any other right. No waiver by TOP SHOT shall be effective unless such waiver is in writing and signed by TOP SHOT.

7 g. The invalidity or unenforceability of any term or provision of this Agreement shall 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 Texas.

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