Terms Of Service | Texas Shotgun Fitter

TEXAS SHOTGUN FITTER

TERMS AND CONDITIONS OF USE

Effective Date: June 6, 2025 | Fort Worth, Texas

IMPORTANT — PLEASE READ CAREFULLY

These Terms and Conditions (“Agreement”, “Terms”) constitute a legally binding contract between you (“User”, “you”, or “your”) and Texas Shotgun Fitter (“Company”, “we”, “us”, or “our”), operated by Andrew, located in Fort Worth, Texas. BY ACCESSING OR USING THIS WEBSITE OR BOOKING ANY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE USE OF THIS WEBSITE AND SERVICES.

1. ACCEPTANCE OF TERMS

1.1 Binding Effect. Your access to or use of the website located at https://texasshotgunfitter.com (the “Site”), or your booking, attendance, or participation in any one-on-one or group gun-fitting session, mobile fitting appointment, or any other service offered by Texas Shotgun Fitter (collectively, “Services”), constitutes your full and unconditional acceptance of these Terms.

1.2 Capacity to Contract. By accepting these Terms you represent that you have the legal capacity to enter into a binding contract. If you are accepting on behalf of a business entity, you warrant that you have the authority to bind that entity.

1.3 Electronic Agreement. You acknowledge that this electronic agreement is as enforceable as a written, signed contract under applicable Texas law and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.

2. USER ELIGIBILITY

2.1 Age Requirement. You must be at least eighteen (18) years of age to use this Site or purchase Services independently. Individuals aged 16–17 may participate in fitting sessions only with the written consent of a parent or legal guardian, who must be present during the session and who accepts these Terms on the minor’s behalf.

2.2 Minors Under 16. Participation by individuals under the age of sixteen (16) is prohibited without prior written approval from the Company and a parent or legal guardian in attendance.

2.3 Geographic Scope. Services are primarily offered in the greater Fort Worth, Texas metropolitan area and at competitions and events where the Company’s mobile gun-fitting trailer is deployed. The Site is accessible globally, but Services are governed exclusively by Texas law.

2.4 Lawful Eligibility. You represent that your participation in any firearm-related service complies with all applicable federal, state, and local laws, including but not limited to laws regarding firearm possession and use.

3. DESCRIPTION OF SERVICES

3.1 Fitting Sessions. Texas Shotgun Fitter offers the following primary Services:

One-on-One Fitting Sessions: Personalized, individualized gun-fitting appointments in which Andrew analyzes the client’s gun mount, stance, body mechanics, and shooting style to identify and implement specific adjustments tailored to the client’s physique and goals.
Group Fitting Clinics: Small-group educational and fitting clinics accommodating multiple participants per session, offering similar analysis in a collaborative format.
Mobile Fitting Services: On-location fitting services delivered via the Company’s fully equipped mobile gun-fitting trailer, available at competitions, sporting venues, and other off-site locations.
Shop-Based Services: Services performed at the Company’s designated shop location in Fort Worth, Texas.

3.2 Session Customization. Each session is tailored to the client’s body mechanics, shooting style, and goals, whether the client is a beginning clay shooter seeking to break initial targets or a seasoned competitor pursuing performance improvements.

3.3 Service Availability. Services are subject to availability, scheduling, and geographic constraints. The Company reserves the right to modify, suspend, or discontinue any Service at any time without liability.

3.4 No Guarantee of Results. Gun fitting is a professional consultation service. Results, performance improvements, or target-breaking outcomes are not guaranteed and depend on numerous factors outside the Company’s control, including the client’s physical condition, practice regimen, equipment, and adherence to recommendations.

4. BOOKING, PAYMENT, AND CANCELLATION POLICY

4.1 Booking

All appointments must be booked through the Site, by telephone, or by other means designated by the Company. Bookings are not confirmed until you receive written or electronic confirmation from the Company.

4.2 Payment Terms

Payment for Services is due as specified at the time of booking. We reserve the right to require full prepayment or a deposit before confirming any appointment. Accepted payment methods are those disclosed on the Site at the time of booking.

4.3 Cancellation by Client

Cancellations made at least forty-eight (48) hours prior to the scheduled session start time will receive a full refund or the option to reschedule. Cancellations made fewer than 48 hours before the session are non-refundable unless the Company is unable to conduct the session. No-shows forfeit all payments made.

4.4 Cancellation by Company

The Company may cancel or reschedule sessions due to weather, equipment failure, illness, or other circumstances beyond its reasonable control. In such events, the Company will offer rescheduling or a full refund at its discretion.

4.5 Group Session Minimums

Group clinics may require a minimum number of participants to proceed. If the minimum is not met, the Company may cancel the event and offer full refunds or individual session options.

5. PERMITTED AND PROHIBITED CONDUCT

5.1 Permitted Conduct

You may use the Site and Services for the following lawful purposes:

Viewing informational content about gun fitting, clay shooting, and related topics.
Booking and attending fitting sessions for personal, non-commercial use.
Communicating with the Company regarding Services.
Sharing content from the Site using designated sharing features for non-commercial purposes, with attribution.

5.2 Prohibited Conduct

You expressly agree NOT to:

Violate any applicable federal, state, or local law, regulation, or ordinance.
Engage in any conduct that is unsafe, threatening, abusive, harassing, or disruptive during any session or interaction with Company personnel.
Bring any firearm onto the premises or to any session without prior authorization and in violation of applicable law.
Handle any firearm unsafely or in violation of range safety rules, as determined in Andrew’s sole discretion.
Reproduce, copy, distribute, resell, or exploit any portion of the Site or Services for any commercial purpose without prior written consent.
Use data scraping, bots, spiders, crawlers, or other automated means to access the Site.
Attempt to gain unauthorized access to any portion of the Site, server, or associated database.
Transmit viruses, malware, or other harmful code to or through the Site.
Collect or harvest personally identifiable information of other users without consent.
Post or transmit defamatory, obscene, fraudulent, or tortious content through any communication channel associated with the Company.
Impersonate any person or entity or misrepresent your affiliation.
Circumvent any security or access-control feature of the Site.
Use the Services in any manner that could damage, overburden, or impair the Site’s infrastructure.

Violation of any prohibited conduct provision may result in immediate termination of access to Services, forfeiture of fees paid, and potential civil or criminal liability.

6. FIREARM AND RANGE SAFETY

6.1 Mandatory Compliance. All clients and visitors must comply with all applicable federal, Texas state, and local firearms laws at all times. This includes, without limitation, all provisions of the Texas Penal Code, the Gun Control Act of 1968, and any range rules posted or communicated at the location of service.

6.2 Andrew’s Authority. Andrew, as the qualified gun-fitting professional conducting each session, has absolute authority to halt any session, redirect the handling of any firearm, or remove any participant whose conduct is deemed unsafe. Compliance with Andrew’s safety instructions is mandatory and non-negotiable.

6.3 Client’s Firearm Responsibility. If a client brings their own shotgun or other firearm to a session, the client represents that: (a) they are the lawful owner or are lawfully authorized to possess the firearm; (b) the firearm is in safe operating condition; and (c) they will handle it only in the manner directed by Andrew and applicable safety rules.

6.4 Right to Refuse Service. The Company reserves the right to refuse service to any person whose conduct, condition, or circumstances creates a safety concern, in the Company’s sole discretion.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Company Ownership. The Site and all content on it — including but not limited to text, graphics, logos, photographs, video, audio, data compilations, software, and the arrangement and selection thereof (collectively, “Content”) — are owned by or licensed to Texas Shotgun Fitter and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

7.2 Limited License. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Content solely for your personal, non-commercial informational purposes.

7.3 Restrictions. You may not: (a) reproduce, publish, distribute, display, modify, create derivative works from, or publicly perform any Content without express prior written consent; (b) remove or alter any copyright, trademark, or other proprietary notices; or (c) use any Company trademarks, service marks, or trade names without written authorization.

7.4 Trademarks. “Texas Shotgun Fitter” and associated logos, service names, and visual identities are common law trademarks of the Company. All other trademarks appearing on the Site are the property of their respective owners.

7.5 DMCA Notice. If you believe that any content on the Site infringes your copyright, please send a written notice complying with the Digital Millennium Copyright Act (17 U.S.C. § 512) to the contact address set forth in Section 17 of these Terms.

8. USER CONTENT LICENSE

8.1 User Submissions. The Site may offer features that allow users to submit reviews, testimonials, questions, photographs, or other content (“User Content”). By submitting User Content, you grant the Company a worldwide, irrevocable, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works from, display, and perform the User Content in connection with the Site and the Company’s business, including for promotional and marketing purposes.

8.2 Representations Regarding User Content. You represent and warrant that: (a) you own or have the necessary rights to submit the User Content and to grant the license above; (b) the User Content does not infringe any third-party intellectual property, privacy, publicity, or other rights; and (c) the User Content is accurate and does not violate applicable law.

8.3 No Obligation. The Company is under no obligation to use, display, or retain any User Content and may remove it at any time for any reason.

8.4 Moral Rights Waiver. To the fullest extent permitted by law, you waive any moral rights in User Content in favor of the Company.

9. PRIVACY POLICY

Your use of the Site is also governed by the Company’s Privacy Policy, which is incorporated herein by reference. By using the Site, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy. The Company processes personal data in accordance with applicable Texas and federal law.

10. DISCLAIMERS

10.1 AS-IS BASIS. THE SITE AND ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 Professional Advice Disclaimer. Nothing on this Site constitutes professional gunsmithing advice, legal advice, medical advice, or a guarantee of performance outcomes. All recommendations made during fitting sessions reflect Andrew’s professional opinion based on observation and are not warranted to produce any specific result.

10.3 Third-Party Content. The Site may contain links to third-party websites, resources, or services. Such links are provided for convenience only. The Company does not endorse, control, or assume responsibility for third-party content or services and is not liable for any harm resulting from use thereof.

10.4 Accuracy. While the Company endeavors to keep the Site’s content current and accurate, it makes no representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of any content. You rely on such content at your own risk.

10.5 Downtime. The Company does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

11. LIMITATION OF LIABILITY

11.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TEXAS SHOTGUN FITTER, ITS OWNER, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability. THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

11.3 Essential Basis. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS.

11.4 Jurisdictional Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, the Company’s liability is limited to the greatest extent permitted by law.

12. ASSUMPTION OF RISK AND RELEASE

12.1 Assumption of Risk. You acknowledge and voluntarily assume all risks associated with firearms handling, clay shooting activities, and gun-fitting sessions, including but not limited to risks of personal injury, property damage, or death arising from the inherent dangers of firearms. You acknowledge that these risks exist even when reasonable safety precautions are taken.

12.2 Release. To the fullest extent permitted by Texas law, you hereby release, waive, discharge, and covenant not to sue Texas Shotgun Fitter, Andrew, and their respective heirs, executors, administrators, employees, contractors, agents, and assigns from all liability, claims, demands, losses, damages, costs, and expenses (including attorneys’ fees) arising out of or related to your participation in any Service, whether caused by the negligence of the Company or otherwise.

12.3 Statutory Notice (Texas). UNDER TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE), A LAND OR PREMISES OWNER IS NOT LIABLE FOR THE INJURY OR DEATH OF A PERSON WHO ENTERS THE LAND TO ENGAGE IN RECREATIONAL ACTIVITIES. ADDITIONALLY, CERTAIN RELEASES OF LIABILITY FOR FUTURE NEGLIGENCE ARE PERMITTED UNDER TEXAS LAW.

13. INDEMNIFICATION

13.1 Client Indemnity. You agree to defend, indemnify, and hold harmless Texas Shotgun Fitter, its owner Andrew, and their respective employees, contractors, agents, successors, and assigns from and against any and all claims, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

Your use of or access to the Site or Services.
Your violation of any provision of these Terms.
Your violation of any applicable law, regulation, or third-party right.
Your User Content, including any infringement of intellectual property or privacy rights.
Your negligent or wrongful conduct or that of any person acting on your behalf.
Your handling of any firearm during a session.

13.2 Cooperation. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with the Company in asserting available defenses.

14. ACCOUNT AND ACCESS TERMINATION

14.1 Termination by Company. The Company reserves the right to suspend or terminate your access to the Site or any Services at any time, with or without notice, for any reason, including without limitation if it believes you have violated these Terms, engaged in unsafe conduct, or acted in a manner harmful to the Company or other users.

14.2 Termination by User. You may discontinue your use of the Site at any time. Termination of access does not entitle you to any refund except as expressly provided in Section 4.

14.3 Effect of Termination. Upon termination for any reason: (a) your license to use the Site immediately terminates; (b) any outstanding obligations (including payment obligations) remain in full force; and (c) Sections 7, 10, 11, 12, 13, 15, 16, and 17 of these Terms survive termination.

15. GOVERNING LAW

15.1 Texas Law. These Terms and any dispute arising out of or relating to them, the Site, or the Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles.

15.2 Venue. Subject to the dispute resolution provisions below, exclusive venue for any action shall lie in the state or federal courts located in Tarrant County, Texas, and you irrevocably consent to personal jurisdiction in such courts.

15.3 No Export. You represent that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

16. DISPUTE RESOLUTION

16.1 Mandatory Pre-Suit Negotiation

Before initiating any formal legal proceeding, the party asserting a claim must deliver written notice to the other party describing the nature and basis of the claim and the relief sought. The parties shall attempt in good faith to resolve the dispute within thirty (30) days of receipt of notice (the “Negotiation Period”).

16.2 Binding Arbitration

If the dispute is not resolved during the Negotiation Period, it shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in Tarrant County, Texas (or by video conference if mutually agreed). The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS.

16.4 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court in Tarrant County, Texas, provided the action qualifies and remains in such court.

16.5 Injunctive Relief

Nothing in this Section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

17. MODIFICATION OF TERMS

17.1 Right to Modify. The Company reserves the right to modify these Terms at any time. Modifications become effective when posted to the Site with an updated effective date. It is your responsibility to review these Terms periodically.

17.2 Notice of Material Changes. For material changes, the Company will endeavor to provide advance notice via a prominent notice on the Site or by email to your address on file, where applicable.

17.3 Continued Use. Your continued use of the Site or Services after any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must cease use immediately.

18. GENERAL PROVISIONS

18.1 Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be illegal, invalid, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

18.2 Entire Agreement

These Terms, together with the Privacy Policy and any Service-specific agreements or waivers, constitute the entire agreement between you and the Company with respect to the Site and Services and supersede all prior and contemporaneous agreements, representations, and understandings.

18.3 No Waiver

The Company’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

18.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without prior written consent of the Company. The Company may assign these Terms without restriction.

18.5 Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government orders, labor disputes, power failures, or equipment failures.

18.6 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

18.7 Language

These Terms are written in English and shall be interpreted and construed in accordance with the English language version. Any translation is provided for convenience only.

19. CONTACT INFORMATION

For questions, concerns, legal notices, DMCA notices, or other inquiries regarding these Terms or the Services, please contact:

Texas Shotgun Fitter

Operated by: Andrew MacFarlane

Location: Fort Worth, Texas

Website: https://texasshotgunfitter.com

info@texasshotgunfitter.com

All legal notices must be sent in writing to the address above and shall be deemed received when personally delivered, one (1) business day after deposit with a nationally recognized overnight courier, or three (3) business days after deposit in the United States mail, postage prepaid, certified, return receipt requested.

20. EFFECTIVE DATE

These Terms are effective as of June 6, 2025. The most current version of these Terms will always be available at https://texasshotgunfitter.com/terms. Prior versions are available upon request.

Texas Shotgun Fitter | Fort Worth, Texas | texasshotgunfitter.com