2015 FN AMERICA RANGE PARTNER PROGRAM ENROLLMENT FORM

Transcription

1 ENROLLMENT FORM The FN America Range Partner Program allows retail dealers with shooting ranges to purchase select FNH USA products from FN America at a significant discount for use as range/rental guns. FN AMERICA RANGE REQUIRED DOCUMENTATION: 1. FN America Range Partner Program Enrollment Form 2. FN America Range Partner Program Range Profile Form 3. FN America Range Partner Program Terms and Conditions 4. FN America Range Partner Order Form FN AMERICA RANGE PURCHASE PROCESS: 1. Dealer/Range submits the completed FN America Range Partner Program paperwork by mail, fax, or scan & to: FN America Range Partner Program Attn: Sales Order Processing PO Box 9424 McLean, VA Fax: (703) Ernie Beckwith [email protected] 2. The FN America Regional Sales Manager or Dealer Support representative reviews completed paperwork. 3. If approved, Dealer/Range submits an order form, current FFL, and payment to the address in item 1 above. 4. FN America will ship the purchased Guns to Dealer/Range. FN AMERICA RANGE MAXIMUM PURCHASE QUANTITY Under the FN America Range Partner Program, the Dealer/Range is permitted to purchase from FN America only up to the maximum quantity of firearms per product family (as listed in the Available Products and Prices chart) during the prior rolling twelve-month period. Any exceptions to the posted limitations must be approved in advance by FN America s Senior VP, Commercial and Law Enforcement Sales. Items marked with an * will be posted on the FNH USA website *Range Name: *Manager/Contact Person: *Phone: Address: *Range Website: *Range Street Address: *City: *State: *Zip Code: Range Mailing Address: City: State: Zip Code:

2 RANGE PROFILE FORM Items marked with an * will be posted on the FNH USA website GENERAL INFORMATION *Open to the General Public YES NO *Open to Club Members Only YES NO *Club Memberships Available YES NO HOURS OF OPERATION *Monday am / pm to am / pm *Tuesday am / pm to am / pm *Wednesday am / pm to am / pm *Thursday am / pm to am / pm *Friday am / pm to am / pm *Saturday am / pm to am / pm *Sunday am / pm to am / pm SERVICES AND ACTIVITIES AVAILABLE ON SITE *Food / Refreshments YES NO *Classroom(s) YES NO *Shooting Instruction YES NO *Service / Repair / Gunsmith YES NO *Trap YES NO *Skeet YES NO *Sporting Clays YES NO *Practical / Action Shooting YES NO *Other Shooting Sports YES NO *Other Services / Activities available on site (please specify) RANGE CAPACITY *INDOOR RANGE(S) YES NO Distance(s) 50 ft. 25 yds. 50 yds. 100 yds. Other *Number of Firing Points or Lanes *Pistol Rated YES NO *Maximum Pistol Caliber Allowed *Rifle Rated YES NO *Maximum Rifle Caliber Allowed * OUTDOOR RANGE(S) YES NO Distance(s) 50 ft. 25 yds. 50 yds. 100 yds. Other *Number of Firing Points or Lanes *Pistol Rated YES NO *Maximum Pistol Caliber Allowed *Rifle Rated YES NO *Maximum Rifle Caliber Allowed RANGE AFFILIATIONS This Range is also affiliated with the following Manufacturers Range Demonstration / Rental Programs (please mark all that apply) Glock H&K Taurus Smith &Wesson SIG Sauer Kimber Springfield Browning Other

3 PROGRAM TERMS AND CONDITIONS This Agreement is entered into this day of, 20, by and between FN AMERICA, LLC (d/b/a FNH USA) a limited liability company organized under the laws of the State of Delaware, with its principle place of business at 7918 Jones Branch Drive, Suite 400, McLean, VA (hereinafter referred to as FN America ), and, with its principle place of business at: (hereinafter referred to as Dealer/Range ). For and in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. FN America offers for sale to Dealer/Range the FNH USA firearms (the Guns ) listed on the 2015 FN America Range Partner Program (the Program ) Enrollment Form, at the RANGE price and at the maximum quantity limits during the prior rolling twelve-month period. 2. Dealer/Range agrees that the Gun it purchases pursuant to the Program and this Agreement will be made available for use as range/rental guns by the general public and/or by members of the Dealer/Range s facility (the Range Facility ). Dealer/Range represents and warrants the following: a. Dealer/Range will maintain title and ownership of the Guns for a minimum period of twelve months from the date of receipt. b. Dealer/Range holds a valid and current Federal Firearms License (FFL) to operate the Range Facility; c. Dealer/Range operates the Range Facility in compliance with all applicable federal, state and local laws, regulations and guidelines, including OSHA requirements; d. There are multiple shooting lanes available at the Range Facility; e. Dealer/Range will maintain the Range Facility in a safe, clean, orderly, and well-lit condition; f. Range Facility is regularly open during set business hours; and g. Range Facility employees are present at the Range Facility during regular business hours. 3. For the term of this Agreement, Dealer/Range will maintain all Gun(s) purchased under this Agreement as Range/Rental Gun(s) in good working order as described in the Gun s owner s manual. The Gun(s) will be available for regular use by the general public and/or by members of the Range Facility at the address of the Dealer/Range. 4. During the term of this Agreement, Dealer/Range shall permit FN America s employees or designees to conduct periodic inspection of the Guns at the Range Facility. If FN America determines, in its sole discretion, that the Dealer/Range is not using or maintaining the Guns in accordance with the terms of this Agreement, FN America may terminate this Agreement without prior notification to Dealer/Range. 5. During the term of this Agreement Dealer/Range shall represent the range facility as an FNH USA Range Partner. Dealer/Range shall prominently display signage and other promotional materials provided by FN America for its approved Range Partners. Dealer/Range consents to FN America promoting the Range Facility in FN America s marketing materials, advertising, website, and in other media during the term of this Agreement. 6. Dealer/Range will use in the Guns only new commercial factory ammunition that has been manufactured to NATO or SAAMI specifications. Dealer/Range agrees not to use reloaded, remanufactured or lead bulleted ammunition in any FN America Gun and to prevent users/renters from doing the same. Dealer/Range agrees to read before use the entire owner s manual for each model Gun purchased. Any violation of this paragraph will void this Agreement. 7. Dealer/Range will strictly adhere to the highest standards of firearm safety at all times, as described in safety instructions contained in the FNH USA Gun owner s manual, and will ensure that all users adhere to these firearm safety rules and regulations. 8. Dealer/Range agrees to maintain the Gun(s) in accordance with each Gun s owner s manual to ensure safe and reliable operation. 9. Dealer/Range agrees to maintain a reasonable and prudent level of physical security for all FNH USA Guns while on display, in use, during transport and in storage. 10. Dealer/Range agrees to complete the attached Range Enrollment and Facility Profile and agrees to allow FN America to distribute, publish and otherwise use this information to promote the Range Partner Program. Dealer/Range also agrees to notify FN America of any significant changes to the Range Facility, public access policy, hours of operation or other change in status. 11. DEALER/RANGE AGREES TO HOLD HARMLESS AND INDEMNIFY FN AMERICA, ITS AFFILIATES AND MEMBERS, MANAGERS, DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES, AGAINST ANY AND ALL COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEY S FEES), EXPENSES, CLAIMS, DEMANDS OR CAUSES OF ACTION (INCLUDING,

4 PROGRAM TERMS AND CONDITIONS BUT NOT LIMITED TO, STRICT LIABILITY, NEGLIGENCE OR WARRANTY) FOR DAMAGE OR INJURY TO PROPERTY OR PERSONS BROUGHT OR ASSESSED AGAINST FN AMERICA ARISING OUT OF ANY USE OR MISUSE BY THE DEALER/RANGE OF THE GUNS PURCHASED UNDER THIS AGREEMENT. ALL OBLIGATIONS OF THE DEALER/RANGE TO INDEMNIFY FN AMERICA SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. 12. In addition to the termination rights in Section 2 above, FN America shall have the right to terminate this Agreement upon receipt of notice if any of the following conditions arise: a. Dealer/Range lack of support for FN America; b. Gun(s) being used by Dealer/Range, its agents, employees or Range Facility users in an unsafe manner; c. Dealer/Range s sale of discounted Guns intended for Range/Rental use by the Dealer/Range before date allowed for in section 2 of this Agreement. d. Dealer/Range s unauthorized modification(s) made to Gun(s). 13. This Agreement shall continue in force through December 31, 2015, unless the parties mutually agree in writing to extend the term of this Agreement. 14. Upon termination or expiration of this Agreement, Dealer/Range shall cease representing the Range Facility as an FNH USA Range Partner and, within 10 business days after termination or expiration, shall return to FN America all signage and promotional materials provided by FN America under this Agreement. FN America shall cease promoting the Range Facility in its marketing materials, advertising, website, and in other media. Dealer/Range shall thereafter have no right to purchase any Guns at the Range purchase price under the Program. 15. General. a. Assignment. Dealer/Range may not assign its rights or delegate or subcontract its duties under this Agreement either in whole or in part without the prior written consent of FN America. Any attempted assignment, delegation or subcontracting without such consent will be void. b. Governing Law; Severability. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia excluding that body of law pertaining to conflict of laws. If any provision of this Agreement is for any reason found to be unenforceable, the remainder of this Agreement will continue in full force and effect. c. Notices. All notices, approvals, consents and other communications required or permitted under this Agreement will be in writing and delivered by hand, by courier or overnight delivery service with written verification of receipt, or by registered or certified mail, return receipt requested, postage prepaid, and in each instance will be deemed given upon receipt. All such notices, approvals, consents and other communications will be sent to the addresses set forth in this Agreement or to such other address as may be specified by either party to the other in accordance with this Section. d. Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by delivery of a ".pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such ".pdf" signature page were an original thereof. e. Complete Understanding; Modification. This Agreement, together with each version of Exhibit A executed by the parties, constitutes the complete and exclusive understanding and agreement of the parties and supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by the parties hereto. FN AMERICA, LLC [DEALER/RANGE] Mark Cherpes President & Chief Executive Officer Printed Name: Kenneth Pfau Senior VP, Commercial & LE Sales Title:

5 ORDER FORM DEALER/RANGE NAME: The FN America Range Partner Program allows retail dealers with shooting ranges to purchase select FNH USA products from FN America at the RANGE price indicated below for use as range/rental guns. AVAILABLE PRODUCTS AND PRICES: PAYMENT INFORMATION Payment Type (select one): Visa Master Card Money Order/Cashier s Check payable to FN America, LLC Credit Card Number: Expiration Date (MM/DD/YYYY): Name on Card: Billing Address: City: State: Zip: Signature: Date (MM/DD/YYYY): AUTHORIZATION Ken Pfau Sr. VP, Sales and Marketing Date John Freiling, Chief Financial Officer Date OFFICE USE ONLY SO#: Customer # Date: Processor Initials: FN America, LLC Proprietary Information. Do not distribute. 1