Terms & Conditions | Apex Outdoors

APEX OUTDOORS, LLC

Membership Terms and Plan

By signing the Membership Agreement or otherwise becoming a Member of Apex Outdoors, you, the Member, hereby accept and agree to be bound by the terms and conditions of the Membership Terms and Plan (“Membership Plan”). When using Apex Outdoors Club Facility, services or attending Apex Outdoors Events, Member is subject to any posted guidelines or rules applicable to those services or events, including any Rules and Regulations. Any participation in Apex Outdoors Events or services constitutes express acceptance of this Membership Plan.

Definitions

Capitalized terms used in this Membership Plan shall have the following meanings:

“Activation Date” means the date that Apex Outdoors accepts an applicant as a Member and Membership benefits are initiated by Apex Outdoors, dependent on waitlist and Membership approval process. For any Members that apply for Membership and are approved prior to the grand opening of the Club Facility for all Members, their Activation Date shall be deemed to have occurred on the grand opening date as determined by Apex Outdoors.

“Annual Membership Fee” means the annual fee that Non-Founding Members shall pay as set forth in their Membership Agreement in order to achieve and maintain their status as a Member of Apex Outdoors, and to otherwise gain access to the Club Facility and other Member benefits; provided that, Members understand and agree that the Annual Membership Fees may be adjusted by Apex Outdoors on an annual basis on each anniversary date of a Member’s Activation Date.

“Apex Outdoors” means Apex Outdoors LLC, a Kansas limited liability company, that is duly organized and existing under the laws of the state of Kansas and operates a private club at the Club Facility.

“Apex Outdoors Events” means any event, program, activity, or service sponsored or held by Apex Outdoors from time to time for the benefit of its Members, including without limitation, any hunting trips or other social events.

“Club Facility” means the space located at 700 North St. Francis, Wichita, KS, operated by Apex Outdoors.

“Founding Member” means any Member that executes the Founding Membership Agreement and pays the required Initiation Fee for Founding Members; it being understood that Founding Members shall pay the upfront Founding Member Initiation Fee, but will not have to pay any Annual Membership Fees to Apex Outdoors.

“Guests” means and includes any persons (including relatives) who are invited by a Member to utilize the Club Facility as the Guest of such Member; provided that, a Member shall be limited to having five (5) Guests at the Club Facility at any one time.

“Initiation Fee” means the initial fee that a Member must pay in order to become a Member with Apex Outdoors; it being understood that the amount of the Initiation Fee for a Non-Founding Member may be different than the amount of the Initiation Fee for a Founding Member; it being further understood that the Initiation Fees may be adjusted by Apex Outdoors in its sole discretion from time to time.

“Member” means and includes any Founding Member or Non-Founding Member that is an individual, business, or other group that has (i) executed a Membership Agreement with Apex Outdoors; (ii) paid the requisite Initiation Fee and Annual Membership Fees, as applicable, as set forth in such Member’s Membership Agreement; (iii) agreed to abide by the terms and conditions set forth in this Membership Plan, and (iv) has been approved and accepted as a Member by Apex Outdoors.

“Membership” means the non-exclusive license granted to Member to utilize the Club Facility during its hours of operation pursuant to the Membership Agreement.

“Membership Agreement” means the applicable membership agreement executed by a Founding Member or Non-Founding Member and subsequently accepted by Apex Outdoors, which evidences the issuance of a Membership with Apex Outdoors.

“Non-Founding Member” means any Member other than a Founding Member that executes the Non-Founding Membership Agreement and pays the required Initiation Fee and Annual Membership Fees to Apex Outdoors.

“Rules and Regulations” means any rules, regulations, policies and other items which may be implemented by Apex Outdoors, which may be revised and modified by Apex Outdoors from time to time in its sole discretion.

Membership Status

Subject to the terms of the Membership Agreement and this Membership Plan, upon Apex Outdoors’ receipt and approval of a signed Membership Agreement and payment of the Initiation Fee set forth in the applicable Membership Agreement, (i) a Founding Member will be granted a lifetime Membership to access and utilize the Club Facility of Apex Outdoors; and (ii) a Non-Founding Member will be granted a twelve (12) month Membership to access and utilize the Club Facility, contingent on payment of the Annual Membership Fees set forth in the applicable Membership Agreement; provided that, upon expiration such initial twelve (12) month Membership period, the Non-Founding Member’s Membership will automatically renew for successive twelve (12) month periods so long as Non-Founding Member continues to pay, when due, the Annual Membership Fees. Notwithstanding the foregoing, Membership status is granted at Apex Outdoors’ sole discretion and is expressly contingent upon the following:

Member entering into the applicable Membership Agreement between Apex Outdoors and Members;

Member continuing to uphold the values and agreements of Apex Outdoors, and complying with any Rules and Regulations implemented by Apex Outdoors from time to time; and

Member paying any applicable Initiation Fee and Annual Membership Fees set forth in the Membership Agreement. The Initiation Fee and Annual Membership Fee does not include any fees that may be charged by Apex Outdoors in connection with any Apex Outdoor Events, which shall be in addition to such fees.

Member shall have the right to utilize the Club Facility upon approval of his, her or its Membership, subject to the terms of this Agreement. Any benefits granted to a Member may be modified from time to time by Apex Outdoors in its sole discretion.

Member acknowledges and understands that the Membership granted to the Member is only a limited license to use the Club Facility on a non-exclusive basis, and expressly does not give the Member any tenancy, leasehold, equity, ownership or vested rights of any kind or nature in or to the Club Facility or Apex Outdoors. Further, the Membership does not give the Member any right to participate in management or control of the Club Facility or Apex Outdoors. A Member shall not be not subject to any operating or capital expenses or assessments related to operation or maintenance of the Club Facility.

General Club Facility Policies and Conditions

Member acknowledges that Apex Outdoors reserves the absolute right to initiate, change, or eliminate facilities or services offered to Members from time to time, and to change its hours of operation and access to the Club Facility.

Member agrees to be bound by and comply with any additional terms, conditions and policies provided by Apex Outdoors relating to the use of the Club Facility or a specific space, including compliance with building security procedures, IT access and use procedures, maximum occupancy limitations, legal terms, and other terms or procedures provided by the Membership Agreement or implemented by Apex Outdoors from time to time. Further, Member agrees to comply with any Rules and Regulations which may be implemented by Apex Outdoors from time to time.

Member and any Guests shall not (i) use the Club Facility to carry out any illegal activities or use the Club Facility in violation of any applicable law; (ii) use the Club Facility in violation of any Rules and Regulations implemented by Apex Outdoors from time to time; (iii) interfere with the use of the Club Facility by any other Member or Guests; (iv) cause any nuisance, harass or annoy any other Members, or otherwise engage in any activity which is likely to cause an increase in insurance premiums or cause loss or damage to Apex Outdoors or any other Member or Guests; (v) engage in any conduct of a sexual or otherwise offensive or harassing nature, toward any Member, Guests or Apex Outdoors’ staff member which is unwelcomed and/or unwanted. If, as a result of Member’s or its Guests’ conduct, Apex Outdoors requests such Member or its Guests removal from the Club Facility, such persons shall immediately leave the Club Facility promptly and may arrange with Apex Outdoors to return at a later time to collect any personal belongings. If Member or its Guests refuse to leave the Club Facility at Apex Outdoors’s request, Apex Outdoors shall have the right to remove Member and its Guests, as the case may be, and such removed person shall hold Apex Outdoors harmless in all respects from any claim or expense related to such removal.

Member acknowledges, fully understands and agrees that Apex Outdoors has the right to periodically schedule promotional events and other activities that utilize the Club Facility. Such promotional events or other activities may occasionally utilize the Club Facility or any part thereof, which may delay or restrict the Member’s ability to use some or all of the Club Facility. Apex Outdoors will make every reasonable effort to post notice at the Club Facility or on its website of any such promotional events or other activities. Further, Apex Outdoors may close all or any portion of the Club Facility on any given day and at any time due to inclement weather or other natural forces, or for maintenance, safety or emergency purposes as solely determined by Apex Outdoors.

Member shall not serve or otherwise permit any of its Guests which are under the age of twenty-one (21) to drink any alcoholic beverages at the Club Facility. Member shall be solely responsible for any underage drinking by his, her, or its Guests.

Member acknowledges and understands that the Club Facility will only be used by Member and its Guests, and Member must accompany his, her or its Guests at all times. Member will be limited to having five (5) Guests at the Club Facility at any given time.

Member must abide by the Apex Outdoors code of conduct and Rules and Regulations, which requires that all Members maintain a minimum level of professionalism and positivity in their actions, behaviors, and communications with other Members and Guests.

Initiation Fee and Annual Membership Fees

Member shall pay Apex Outdoors the applicable Initiation Fee set forth in the Member’s Membership Agreement. In addition, each Non-Founding Member shall pay the Annual Membership Fees set forth in the Member’s applicable Membership Agreement. A Member’s Initiation Fee and Annual Membership Fees are non-refundable and are deemed earned upon payment to Apex Outdoors. The Initiation Fee and Annual Membership Fees are not a prepaid sum for services; it merely entitles Member to access to the Club Facility by paying dues and other applicable charges.

The Non-Founding Members hereby expressly agree and consent to Apex Outdoors automatically charging Member’s bank account for payment of the monthly installments of the Annual Membership Fees. Further, and upon request, Member shall provide Apex Outdoors with a completed ACH/Bank Account Debit Form as provided by Apex Outdoors. All Members shall have on file, at all times, a current and valid ACH/Bank Account, for all charges incurred at Apex Outdoors. Member hereby authorizes Apex Outdoors to charge the ACH/Bank Account for all items purchased at Apex Outdoors and for the payment of any dues or other charges. Any card that is added to the Member’s account is therefore authorized by the Member for any incidentals, dues, or other charges that may be charged to the account on file. It shall be Member’s responsibility to update their bank account information when the account on file is no longer valid, or if Member wishes to use a different card to pay for such items.

Apex Outdoors may utilize a third-party autopayment system to collect Annual Membership Fee payments. The collection of Annual Membership Fees is subject to the terms and conditions provided by the third-party payment services vendor. Apex Outdoors accepts no responsibility for any defect, breach of privacy, inaccuracy, or other injuries that results from the third-party vendor. Apex Outdoors accepts no responsibility for any overdraft fees or other penalties or charges that may result from the use of the auto-payment system.

Apex Outdoors reserves the right, and has sole discretion, to increase, decrease, change or modify the Annual Membership Fees on each Activation Date of each Non-Founding Member.

Member may be granted certain benefits unavailable to non-members, as determined by Apex Outdoors from time to time in its sole discretion.

Member benefits are granted upon Apex Outdoors’ acceptance and approval of a proposed Member. Specific benefits, such as discounts or specials, may vary by event sponsored by Apex Outdoors Events.

All payments of the Annual Membership Fees are due and owed, whether or not Member utilizes his, her or its Membership.

Termination of Membership

A Member may cancel his, her or its Membership with Apex Outdoors at any time upon sixty (60) days prior written notice to Apex Outdoors, but in no event will Member be entitled to any full or partial refund of the Initiation Fee or any Annual Membership Fees.

Apex Outdoors reserves the right to terminate any Member’s (including both Founding Members and Non-Founding Members) status as a Member at any time if a Member, through his, her or its actions, representations, behavior, or communications is deemed to be injurious to Apex Outdoors, Apex Outdoor Events, services, image, or objectives, as determined in Apex Outdoors’ sole discretion. Termination of any Member’s membership with Apex Outdoors terminates any and all responsibility of Apex Outdoors to fulfill any further obligations to the Member, and in no event will a Member be entitled to a refund of any Initiation Fees or Annual Membership Fees paid to Apex Outdoors.

In the event a Non-Founding Member fails to remit any Annual Membership Fee payments on the due date in accordance with the terms of his, her or its Membership Agreement, then the Member’s Membership shall be suspended immediately and Member shall not have access to the Club Facility or any Apex Outdoor Events. To reactivate a suspended Membership, the past due amount of the Annual Membership Fees, plus a late charge of Fifty Dollars ($50.00), must be paid no later than thirty (30) days from the due date of such past due amount. In the event the past due amount is not received by Apex Outdoors within thirty (30) days following the date when such amount was originally due, then the Member’s Membership shall immediately terminate. In the event any terminated or past Member desires to become a Member of Apex Outdoors, then such terminated or past Member will be required to undergo the entire application process, including payment of the then-current Initiation Fee, to be considered again for Membership. Member agrees to pay all reasonable attorneys’ fees, investigator fees, and related costs incurred by Apex Outdoors in collecting past due amounts.

Apex Outdoors Events; Member Liability for Guests

Apex Outdoors Events are open to its Members and Guests only. Member shall be solely responsible for the acts or omissions of its Guests. Guests have the same duty to abide by the same standards and professionalism expected of Members, and any Rules and Regulations implemented by Apex Outdoors from time to time. Apex Outdoors reserves the right and discretion to deny individual Guests the right to attend Apex Outdoors Events and access the Club Facility.

Apex Outdoors Events Refund Policy

Payment of any ticket price, fees or other charges related to any Apex Outdoor Events by Members or Guests are final and nonrefundable.

Privacy and Marketing Rights

Apex Outdoors may disclose to third parties the identity of any individual or business Members. Further, given the public nature of Apex Outdoors Events, Apex Outdoors cannot and does not guarantee the privacy of Members at Apex Outdoors Events. Under state law, Members and Guests shall have no expectation of privacy regarding their image in public spaces. Apex Outdoors reserves the right to document events and publish images on social media. By attending an Apex Outdoors Event, Members and Guests agree and acknowledge that Apex Outdoors may use their image or likeness for promotional or publicity purposes. Apex Outdoors does not explicitly or implicitly condone or endorse any messages, actions, or other communications contained within images from or relating to Apex Outdoors Events or services.

Liability

Apex Outdoors shall not be liable for any damages that result from the action or negligence of its Members, third parties, venues, venue employees, promoted products, or other Guests. Apex Outdoors accepts no responsibility or liability for the actions of its Members, Guests, or other parties present at any Apex Outdoors Events. Members and Guests expressly assume all risks incident to utilizing the Club Facility or attending Apex Outdoors Events, and agree that Apex Outdoors and its employees are hereby released from any and all claims arising from such access or use of the Club Facility or attendance at Apex Outdoors Events, including claims of negligence.

Apex Outdoors and its affiliated websites and social media are to be used for informational purposes only. Apex Outdoors is not responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via Apex Outdoors and shall not be responsible or liable for any error or omissions in said information.

Limitations of liability and disclaimers shall survive termination of any Member’s Membership with Apex Outdoors. If any term of this Membership Plan is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.

General Provisions

Acceptance of Membership constitutes a contract between Apex Outdoors and Member, and Apex Outdoors reserves the right to enforce the obligations contained in this Membership Plan and the Membership Agreement.

This Membership Plan shall be governed by, and construed in accordance with, the laws of the State of Kansas.

Member acknowledges, understands and agrees that the Membership may not be transferred, sold, traded, pledged or assigned in any manner whatsoever.

Notwithstanding anything to the contrary herein, Apex Outdoors reserves the right to amend, change and update the Membership Plan at any time, without notice, in its sole discretion. Continued Membership or use of Apex Outdoors services signifies Member acceptance of any new, modified, or updated terms or conditions associated with the Membership Plan.

If any provision or any part of any provision of this Agreement is held unenforceable, such enforceability shall not affect the other provisions, or the other parts of such provision, of this Membership Plan.

This Membership Plan, including the Membership Agreement, when accepted by the Apex Outdoors will constitute the entire agreement between Member and the Club relative to Membership. Member acknowledges that no other agreement exists between the Member and Apex Outdoors relative to Membership and that no representations, other than those set forth in this Membership Plan and Membership Agreement have been made to a Member to induce such Member to become a Member.

Member acknowledges that he, she, or it has read, understood, and hereby agrees to be bound by the terms and conditions of this Membership Plan.

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