Membership Agreement
THIS AGREEMENT IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS.
BY SIGNING THIS AGREEMENT YOU ARE GIVING UP RIGHTS, INCLUDING
THE RIGHT TO SUE IF YOU ARE INJURED. DO NOT SIGN THIS CONTRACT
UNTIL YOU HAVE READ ALL OF IT. ALSO, DO NOT SIGN THIS CONTRACT IF
YOU HAVE NOT PROVIDED ALL INFORMATION REQUIRED OF YOU.
You may cancel this transaction by providing written notice any time prior to
midnight of the third business day after this transaction.
1. Parties
Run2Gun, LLC, operating at the Run2Gun.com domain (“Run2Gun”), and you agree that
by signing this agreement, you have purchased a membership or services and agree to all
the terms in this agreement. The terms “you” and “Run2Gun” include all heirs, estates,
agents, representatives, officers, directors, shareholders, successors, affiliates, subsidiaries and
employees. Both parties make this agreement on behalf of, and binding to, all these
included persons and entities. It is your responsibility to notify Run2Gun of any change in
your address or phone number.
2. Representations
A) Physical Condition & No Medical Advice: You represent that you are in good physical
condition and have no medical reason or impairment that might prevent you from your
intended use of Run2Gun’s services. You acknowledge that Run2Gun did not give you
medical advice before you joined. Run2Gun cannot and will not give you any medical
advice after you join relating to your physical condition and ability to use the Run2Gun
services or perform any exercise activity. You represent that you are fully qualified and able
to participate in the exercise activities which will be provided by Run2Gun. You represent
that you are in the proper physical condition to participate in the exercise or other services
or activities provided or facilitated by Run2Gun. You further represent that you have no
knowledge of any health or medical condition which would preclude or inhibit your ability
to participate in the exercise or other services or activities provided or facilitated by
Run2Gun. You should consult with a doctor prior to starting any exercise program. IF
YOU HAVE ANY HEALTH OR MEDICAL CONCERNS NOW OR AFTER YOU
JOIN, DISCUSS THEM WITH YOUR DOCTOR BEFORE SIGNING THE
RUN2GUN MEMBERSHIP AGREEMENT OR USING THE RUN2GUN SERVICES..
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You agree and understand that the information and services provided by Run2Gun are for
the purposes of improving or maintaining fitness. All exercise activities includes risk of
injury. You agree and understand that these risks can range from minor injuries to major
injuries including death. You agree and understand that use of the Run2Gun website and
the Run2Gun workout information and materials involves the risk of injury to you,
whether caused by you or not.
In consideration of your participation in the activities and use of the information and
services offered by Run2Gun, you understand and voluntarily accept all risks and agree that
Run2Gun, its officers, directors, members, agents and independent contractors will not be
liable for any injury, including, without limitation, personal, bodily, or mental injury,
economic loss, or any damage to you, your spouse, domestic partner, guests, unborn child,
or relatives, resulting from the negligence of Run2Gun or anyone on Run2Gun’s behalf,
whether related to exercise or not. In accordance with the above waiver of liability, you do
hereby forever release and discharge Run2Gun from any and all claims, demands, injuries,
damages, actions, or causes of action. You further understand and acknowledge that
Run2Gun does not manufacture fitness or other equipment that may, from time to time,
be featured in or sold on its website, or featured in videos or informational services
provided by Run2Gun. You therefore agree that Run2Gun will not be held liable for any
defective products.
B) Firearm Safety and Training, No advice Given: You agree and understand that the
Run2Gun website and services are specifically created to improve fitness with hunters or
sportsmen in mind. You agree and understand that the laws, rules, and regulations
concerning hunting and/or firearms vary from place to place. Run2Gun does not and will
never make any representation as to what may or may not be permitted or prohibited in
any location. Run2Gun does not and will never make any representation as to whether it is
permitted to possess any firearm in any location where you may be, whether you are doing
so in association with services provided by Run2Gun or not. You agree that you, and not
Run2Gun, are responsible for learning and complying with any and all firearm ownership,
registration, safety, or other requirements concerning firearms. You agree that guns can
be dangerous and may cause or contribute to serious injury or death if used
inappropriately or carelessly. You agree and understand that the use or handling of any
firearm includes these and other risks. You agree that you are solely responsible for your
safety when handling a firearm. You represent that you are fully qualified to participate in
the exercise activities which will be provided by Run2Gun.
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In consideration of your participation in the activities and use of the information and
services offered by Run2Gun, including those activities which may contemplate the use of
or incorporation of a firearm, you understand and voluntarily accept all risks of injury of
civil or criminal liability, and you agree that Run2Gun, its officers, directors, members,
agents and independent contractors will not be liable for any injury, including, without
limitation, personal, bodily, or mental injury, economic loss, or any damage to you, your
spouse, domestic partner, guests, unborn child, or relatives, resulting from the negligence
of you, Run2Gun, or any other person whether or not such injury or liability is related to
Run2Gun’s services, exercise, or firearms. In accordance with the above waiver of liability,
you do hereby forever release and discharge Run2Gun from any and all claims, demands,
injuries, damages, actions, or causes of action. You further understand and acknowledge
that Run2Gun does not manufacture fitness or other equipment that may, from time to
time, be featured in or sold on its website, or featured in videos or informational services
provided by Run2Gun. You therefore agree that Run2Gun will not be held liable for any
defective products.
C) Insurance: You understand and agree that you will not be covered by any insurance,
including medical or health insurance, provided by or to Run2Gun.
D) Minimum Age: You agree and represent that you are at least 18 years of age. Run2Gun
does not and will not provide memberships or services to persons under 18 years of age or
who, for any other reason, lack the legal ability or capacity to enter agreements, including
agreements waiving liability.
D) Entire, Agreement, and Enforcement: You acknowledge that neither Run2Gun, nor
anyone else, made any representations or promises upon which you relied that are not
stated in this agreement. This document contains the, entire agreement between you and
Run2Gun and replaces any oral or other written agreement. If a court declares any part of
this agreement invalid, it will not invalidate the remaining parts, which continue
unaffected. If Run2Gun does not enforce any right in this agreement for any reason,
Run2Gun does not waive its right to enforce it later.
3. Membership
A) General. Your membership permits you to use Run2Gun’s services, whether or not such
services are specifically created for your use. Your membership is subject to all current
company policies, rules and limitations. Your membership gives you no rights in
Run2Gun, its management, property or operation. Run2Gun can sell memberships at
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different rates and terms than yours. Any special promotional membership or rate
regarding privileges, usage, benefits or services is valid subject to any specific conditions of
the promotion.
B) Guest Usage forbidden. You acknowledge and agree that each person making use of
Run2Gun services is required to acquire a membership and enter into this or a subsequent
agreement with Run2Gun. You agree that you are not permitted to share or provide
information obtained from Run2Gun, or provided to you by Run2Gun, with any other
person, unless you first obtain the prior written consent of Run2Gun or as may be
permitted in accordance with the limited license set forth in this agreement.
C) Ownership of Information, and License for Use. You agree that Run2Gun is the
exclusive owner of all intellectual property rights to its website, publications, or videos that
may be provided to you under your membership. Your membership entitles you to a
limited license to view and use the publications, videos, audio, or other intellectual property
belonging to Run2Gun. This license is limited to personal use by the member. This license
is limited and contingent upon you following all instructions or suggestions contained in
the publications, videos, audio, or other intellectual property belonging to Run2Gun, as
well as all of the rules, regulations, and requirements in this agreement or which may
otherwise be communicated to you in any form. You are not permitted to copy or
distribute Run2Gun’s publications, videos, audio, or other intellectual property. This limited
license may be amended, expanded, or clarified by Run2Gun at any time. Any use
inconsistent with this license is presumed invalid and contrary to this license unless you
first obtain the prior written consent of Run2Gun.
4. Rules & Regulations
You agree to follow Run2Gun’s membership policies and rules. Run2Gun may, in its sole
discretion, modify the policies and any rule without notice at any time. You further agree
that instruction may be contained in and related to specific exercise routines or videos. You
agree that these instructions are critical for maintaining safety and preventing injury, and
these instructions constitute “rules” under this agreement.
You agree that any exercises or activities that you may perform under this agreement will
be performed in a proper place. You agree that you are subject to any further or additional
rules of the location where you perform the exercises or activities, and that Run2Gun
cannot and will not give you advice or permission to perform any exercises or activities in
any specific location. You agree that Run2Gun will not be held liable for any injury that
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may occur because of any condition of the location where you perform any exercises or
activities. You further agree that Run2Gun cannot and will not be held liable for any
criminal, civil, or administrative penalties which you may incur because of your choice of
the location where you perform any exercises or activities.
Run2Gun reserves the right to refund the prorated cost of unused services and terminate
your membership immediately for violation of any membership policy or rule.
5. Change of Services
Run2Gun also reserves the right to make changes to the type or quantity of services offered
and to alter the manner of operation in Run2Gun’s discretion. You acknowledge that the
services provided by Run2Gun are available subject to demand and certain services may be
subject to a “first come first serve basis” If Run2Gun’s website becomes temporarily
inaccessible for any reason, whether at the direction of Run2Gun or not, such temporary
inaccessibility will have no effect on this agreement so long as such temporary
inaccessibility is reasonable.
6. Billing Policies
A) Automatic Payment Authorization. By entering this Membership Agreement you
authorize Run2Gun or its assigns or affiliates to charge or initiate transfers from the credit
or checking account you have provided at the time of making this Agreement (“Recurring
Payment Account”). Such charges or transfers are to be made for the purpose of making
recurring monthly payments you owe to Run2Gun for you membership. Monthly charges
or transfers will be initiated on or about the 1st day of each month until all of your
obligations are paid under this agreement or until your membership is terminated or
cancelled. You understand that your obligation under this agreement includes your
recurring monthly dues, any annual membership fee, any service fees for uncollectable
monthly dues, and any applicable taxes, charges, or other unpaid fees or dues, including
past unpaid dues and fees. This authorization will remain in full force and effect during the
term of this membership agreement. You understand that you can stop any debit by
notifying your financial institution or as described in the following paragraph of this
Agreement. You understand that the amounts debited from your account may vary each
month based on unpaid past dues, annual fees, or for other reasons which may arise from
time to time and which may not be foreseeable to Run2Gun. You confirm that you are
authorized under the terms of any applicable agreements with your financial institution to
use the account designated for the purchase of goods and services from Run2Gun and you
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agree to comply with the financial institution’s agreement at all times this authorization is
in effect.
B) Stopping Automatic Payment: You have full control over the payment authorization
and can stop it anytime by notifying Run2Gun as set forth in this agreement or by
notifying your bank, or credit card company to stop making payment. You are responsible
for notifying your bank of any error that appears on your bank or credit card statement in
a timely manner. You must notify Run2Gun within 60 days of a claimed error on your
bank statement or credit card statement. If you claim any monthly payments were not
stopped when you told Run2Gun, you must have written proof or Run2Gun will not
reimburse you for any deductions which you claim should not have been deducted. You
agree that any changes to Run2Gun’s agreement or contract with its financial institution
or card service agreement, constitutes good reason to change any portion of this
agreement. To the extent possible you will be given advance notice of any change in
Run2Gun’s agreements or contracts with its financial institution or card service agreement
prior to any change to Run2Gun’s billing policy. However, you agree that such advance
notice may not be possible.
C) Charges, Fees & Taxes: Run2Gun has the right to add to your prepaid dues or to your
monthly dues any tax imposed by the applicable government. Run2Gun also has the right
to add any utility charges or surcharges to your prepaid dues or monthly dues.
D) Invalid account: You agree that this Membership Agreement is contingent upon your
providing valid and correct information for the Recurring Payment Account. If the
Recurring Payment Account information you provide with this Membership Agreement is
invalid or incorrect then all of your rights under this Membership Agreement are
ineffective and void until such time that you provide a valid Recurring Payment Account.
However, the accuracy or validity of the Recurring Payment Account information you
provide does not affect your assumptions of risk or waivers of liability as to Run2Gun
under this Agreement which assumptions and waivers shall take effect upon your receiving
access to Run2Gun’s member services or information.
7. Cancellation Rights (Buyer’s Rights)
As a buyer, you have the following rights under this agreement Run2Gun will:
(A) Refund you the pro rata cost of any unused services, within 60 days after request
therefore, if: (1) you are unable to receive benefits from Run2Gun by reason of death or
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disability. Run2Gun may require that the disability be confirmed by an examination of a
physician agreeable to you and Run2Gun; provided, however, that this subparagraph shall
not operate to prevent you from proving the disability in a judicial proceeding; or (2) the
services provided by Run2Gun are materially impaired.
(B) Refund you the pro rata cost of any unused services under all contracts between you
and Run2Gun, within 60 days after request therefore if the aggregate price of all contracts
in force between the parties exceeds $1,000. Provided, however, Run2Gun may retain a
cancellation fee of not more than 25 percent of the pro rata cost of unused services on all
contracts, not to exceed $250.
8. Limitation of Liability and Choice of Law and Forum
A) Liability limited to actual damages. Unless controlling legal authority requires otherwise,
any award by any arbitrator or any court is limited to actual compensatory damages.
Specifically, neither an arbitrator nor a court can award either party any indirect, special,
incidental or consequential damages, even if one party told the other party that they might
suffer these damages.
B) Choice of law and forum. You agree that any dispute arising under this agreement or
your relationship with Run2Gun shall be resolved in the Circuit Courts of Minnehaha
County, South Dakota. You agree and submit to the jurisdiction of the courts of
Minnehaha County, South Dakota for the purposes of resolving any dispute or
disagreement under this agreement. Notwithstanding the above, the parties may, by
written agreement, agree to an alternate method or location to attempt to arbitrate,
mediate, or otherwise resolve any dispute.
C) Free-will agreement, Compliance with Rules. You understand you have the right to not
agree to these conditions. By agreeing to this agreement you understand your rights under
the cancellation, billing, and refund policies. You further agree to comply with Run2Gun’s
membership policies and any rules or guidance that may be communicated to you from
time to time either in writing or verbally. Run2Gun may, in its sole discretion, modify the
policies and any rule without notice at any time. Run2Gun reserves the right to refund the
pro-rated cost of unused services and terminate my membership immediately for violation
of any membership policy or rule.
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By clicking submit, I represent that I have completely read the entire Membership
Agreement, acknowledge that I am qualified to enter into the membership agreement, and
do agree to all terms of the Membership Agreement.
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Info for recurring payments
1. By entering into the Membership Agreement with Run2Gun I have authorized
Run2Gun to charge or initiate transfers from an account I designate for the purpose
of paying any dues or fees under the Membership Agreement. I designate the above
credit or checking account as my “Recurring Payment Account” under the
agreement and authorize Run2Gun to debit the above account in accordance with
the Membership Agreement. _____________ initials
2. Upon entering into a Membership Agreement with Run2Gun you are required to
authorize Run2Gun or its assigns or affiliates to charge or initiate transfers from an
account which you designate. By initialing below you indicate that you designate
the above credit or checking account as your “Recurring Payment Account,” as
fully described in the Membership Agreement. The account designated above will
not be charged until indicate you have read and agree to the entire Membership
Agreement, including those portions of the agreement regarding automatic
payments, stopping automatic payments, and charges, fees and taxes. If after
reading the Membership Agreement you do not wish to designate a Recurring
Payment Account you should not agree to the Membership Agreement. By
initialing you represent that you are authorized under the terms of any agreements
with your financial institution to use the account designated for the purchase of
goods and services and that you designate the above account as your Recurring
Payment Account. ____ initials
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