TERMS AND CONDITIONS FOR MEMBERS AND GUESTS

Transcription

1 TERMS AND CONDITIONS FOR MEMBERS AND GUESTS

2 1. GENERAL TERMS AND CONDITIONS 1.1. Suncone Pty Ltd ACN ( the Company ) is the owner and manager of Coral Cove Golf Club ( the Club ) Under these Terms and Conditions, the Member receives no legal or proprietary interest in the Company or the Club or the facilities owned or under the control of the Company or the Club and has no interest in or rights to use the facilities, except as provided in these Terms and Conditions Provided that the Member complies with these Terms and Conditions in full, the Member shall have a right or license (in contract only) to utilise the facilities of the Club strictly in accordance with these Terms and Conditions The Company may appoint a Manager of the Club to assist the Company in management and operation of the Club The Manager shall have full authority to manage the club and the facilities of the Club in accordance with these Terms and Conditions. 2. POWERS OF THE COMPANY 1.1. In addition to all other powers available to the Company at law, the company shall have sole power and authority over the following matters: - (d) (e) (f) (g) (h) (i) (j) (k) determination of classes of membership (the initial categories shall be in accordance with clause 3 below); determination of the number of members; determination of the rights and entitlements attaching to each category of membership; setting of entrance fees and subscriptions; determining conditions of acceptance of new members; determining if and when capital improvements are necessary; determining variable charges and expenses; determining the conduct of members and to create and implement these terms and conditions in that respect; determining implications of non-payment of fees, charges and expenses by Members and their guests; deciding upon the expulsion of members having regard to these Terms and Conditions; appointing a Manager or consultants to assist the Company to manage or operate the Club. 3. INITIAL CATEGORIES OF MEMBERSHIP 1.1. The initial categories of membership and the initial rights attaching to those categories for the 2016/17 year shall be set out in the table in schedule 1 and all memberships are non-transferrable: All rights of members are subject to availability and trade days have priority over all membership rights All members of any class must pay usual entry fees if they wish to play in competition days Pro-rata fees will be payable for those members joining mid-year. The calculation method for the pro-rata payment of fees will be in the discretion of the Company For those members using their own carts, a cart registration fee may be payable at the company s discretion. For the member to use their own cart they must: (i) (ii) (iii) (iv) reside within 20km of Coral Cove; have their own carts with insurance as required by the company; hold a current and valid unrestricted ordinary car license; and register their carts with the Department of Main Roads unless the cart is stored and remains on the course In order to play 18 holes a member must use a cart. Members may walk the course when playing 9 holes.

3 1.7. People under 14 years of age may not become members but may play golf (provided they play in the company of an adult at all times) Members may, subject to availability, invite guests to play at a discounted rate as specified in Schedule Members shall be responsible for ensuring that their guests behave in accordance with these terms and conditions The Company may, in its discretion, enter into reciprocal arrangements with other clubs. 4. MEMBERSHIP DIRECT DEBIT Members may have the option to finance their membership fees using the Direct Debit facility offered by the Company. For terms and conditions, please contact the Manager. 5. APPLICATION FOR MEMBERSHIP 1.1. The written application for membership must be signed and payment arrangements must be made before the membership can be valid. 6. GOLF COURSE RULES The rules for use of the Golf Course and Clubhouse are shown in Schedule LATE PAYMENT OF FEES 1.1. In the event a member fails to pay subscriptions by the due date, the Member will be liable to pay a late payment fee of 10% of moneys owing and a notice may be sent to the Member requesting payment of the account plus the late payment fee within 7 days and, in the event the member fails to comply with such notice, the Member s membership entitlement will be suspended In the event the Member fails to pay an account within a further 10 days of suspension, the Member may be expelled. 8. CONDITIONS OF MEMBERSHIP The Membership rights and privileges granted by these Terms and Conditions come with certain obligations. Members must, in the interests of the Club and protection of its facilities, comply with the following general conduct rules: - Members must act in a conservative, careful manner; Members must play in a way to avoid risk of: - (i) personal injury to any person; (ii) damage to any property; or (iii) damage to the facilities of the Club; (d) (e) (f) (g) Members must park vehicles wholly and squarely within designated parking bays; Members must not obstruct the passenger vehicles in any access areas; and Members must obey golf etiquette at all times; Members must not bring animals on to Club property, including the golf course, at any time; Members must follow the Rules set out in the First Schedule and must also obey the Manager of the Club appointed by the Company. 9. LIMITATION OF LIABILITY AND INDEMNITY 1.1. All Members and guests of Members enjoy their rights under these Terms and Conditions solely at their own risk and indemnify and release the Club and the Company from any liability to any person (including Members of the Club and owners of vehicles and houses) in any way connected with the use by the Members of the facilities,

4 including: - personal injury or death of any person; and destruction, theft of or damage to any property of any person including Member s possessions, regardless of whether that loss was caused or contributed to by the negligent acts or omissions of the Club or the Company, its servants, agents, contractors or subcontractors; 1.2. For the removal of doubt, the Club and the Company assume no duty of care to maintain the facilities or verify the bona fide of any person entering the facilities The Club and the Company are not responsible for any lost or stolen items Members are responsible for damage or injury caused by their children or guests. 10. INSURANCE Members must not allow any act nor make any omission which may void or increase premium costs of any insurance policy maintained by the Club or the Company over the facilities. 11. DISRUPTIVE WORK The Club and the Company may carry out any works within the facilities that are reasonably necessary to maintain or improve facilities or services and for that purpose temporarily exclude Members from using any of the facilities. 12. AMENDMENT TO CONDITIONS OF MEMBERSHIP 1.1. The Company is authorised and empowered to make, amend and enforce these Terms and Conditions and any Rules, policies and regulations in connection with the use of the facilities of the Club Each applicant and Member agrees with the Company to be bound by these Terms and Conditions and any such Rules, policies and regulations as made and amended from time to time Any amendment to these Terms and Conditions or to any such Rules, policies, and regulations will be displayed in the Clubhouse and shall take effect from the date specified in the notice so displayed or, if no date specified, shall take effect immediately upon such notice being so displayed without the need for the Company or the Club to formerly advise each Member by individual notice Unless and until the same are amended, Members acknowledge that the Rules contained in the Second Schedule constitute the Rules for the purposes of these Terms and Conditions Members have no right to vote on any matter concerning the Club. 13. RESIGTION OF MEMBERSHIP A Member may resign at any time by giving written notice to the Club provided that the Member will remain liable for payment of all subscriptions, charges and expenses calculated to the date of service of such notice. Upon resignation, the Member will not be entitled to a refund of the whole or any part of any entrance fee, subscriptions or other charges. 14. DISCIPLIRY ACTION 1.1. Coral Cove Golf Club is a private club owned by the Company and may take any or all of the following disciplinary action: - expel a Member from the Club; suspend a Member from membership of the Club for a specified period; if in the Company s opinion (in its absolute discretion) the Member has: - (d) refused or failed to comply with these Terms and Conditions or the Rules, policies and regulations made hereunder; engaged in conduct unbecoming of a Member;

5 (e) (f) engaged in conduct which is prejudicial to the interest of the Club or to the interests of the other Members of the Club; or engaged in sexual harassment of another person working or participating in a Club related activity The Company shall (except in urgent cases) give notice to any member of proposed disciplinary action against that member and shall give that member an opportunity to be heard Prior to taking disciplinary action under this clause, the Company shall take the following steps: - (d) (e) (f) (g) the Company shall give written notice to the Member setting out the conduct of the Member which has caused offence; the Company shall allow the Member fourteen (14) days to respond in writing to the Company; if the Company wishes to proceed with disciplinary action against the Member, the Company shall write to the Member setting out the possible disciplinary action and the date for a meeting at which disciplinary action will be decided; the Member may attend that meeting, but if the Member chooses not to attend the meeting, the Company may decide to take disciplinary action against the Member in the Member s absence; at the disciplinary meeting, the Company must give the Member an opportunity to be heard and may allow witnesses to attend the meeting; the Company must decide on what disciplinary action is to be taken against the Member, if any, within fourteen (14) days after the disciplinary meeting. The decision of the Company is final and binding and not subject to appeal; where disciplinary action is taken, the Member is not entitled to any compensation, nor any refund in part or whole of membership fees Despite clause 14.3, the Company may take immediate disciplinary action against a Member, where such action is in the reasonable opinion of the Company necessary to protect other Members and/or the property of the Company. 15. REGISTER OF MEMBERS The Company will ensure that the Club establishes and maintains a Register of Members specifying the name and address of each person who is a Member of the Club together with the date on which the person became a Member and the category of membership. The Register of Members (or a copy of it) will be kept at the Clubhouse and will upon request be available for inspection free of charge, by any Member at any reasonable hour. 16. SERVICE OF NOTICES For the purposes of these Terms and Conditions and any Rules made hereunder, a notice may be served by or on behalf of the Company or the Club upon any member, either personally or by sending it by post, to the Member at the Member s address shown in the Register of Members. Thereafter, unless the contrary is proved, such a notice will be deemed for the purposes of these Terms and Conditions any Rules made hereunder to have been served on the person at the time at which the notice would have been delivered in the ordinary course of post, if sent by post. Service upon the Club or the Company will be effected by posting the notice to the registered office of the Company from time to time.

6 Schedule 1 Member Classes and Associated Rights Type Annual Fee Monthly Fee Use of Greens Platinum $ (save $600) Gold $ (save $400) $ Unlimited $ Rounds per week. 50% discount thereafter. Standard $ $20 for 18 $15 for 9 Country (+200km) $ $20 for 18 $15 for 9 Casual Visit 18 Casual Visit 9 Weekend 18 $45.00 $35.00 $50.00

7 1. Cart Only For 18 Holes 2. Tee Off SCHEDULE 2 GOLF COURSE RULES Coral Cove is a cart only course when playing 18 holes. Members and their guests shall tee off in intervals of ten (10) minutes. 3. Smoking 3.1 The Club is required to comply with government legislation which restricts smoking in non-designated areas. These rules apply to the golf course as well as to the clubhouse. Members and their guests must comply with signs on each tee which will have directions as to what areas may be designated as smoking and non-smoking. 3.2 Smoking is prohibited within the Clubhouse, but is permitted in the Designated Outdoor Smoking Areas (DOSA). 4. Licensed Course 5. Carts The course is licensed. Members and their guests must follow all directions of the Company and the License Nominee in relation to consumption of liquor on the course. Members must not bring their own liquor onto the course or it s premises without express permission from the club. 5.1 Members and guests must follow directions shown on the steering wheel of the carts. 5.2 Only those members who comply with the criteria shown under clause 3 of the Terms and Conditions may use their own carts. 5.3 Coral Cove Golf Course is integrated with Coral Cove Resort and Residential Estate including the private and public roads in that estate. Members and their guests must ensure that they obey normal traffic rules when crossing roads. Members and guests must respect the residents at Coral Cove. 5.4 A maximum of two (2) golf bags may be carried on one cart. 5.5 Members and guests must follow all signs and other directions for use of golf carts, particularly after heavy rain. 5.6 Members and guests must be following usual etiquette and rules in use of golf carts including: - 6. Dress No driving of carts on greens; No driving of carts on tees; No driving of carts through bunkers or other hazards. Members must dress to a standard reasonably suitable for a golf club and in accordance with any particular requirements specified by the Company from time to time. 7. Pro-Shop 7.1 The pro-shop is open from 6:00am to 5:00pm every day, save Christmas Day. 7.2 Members and their guests must register in the pro-shop before playing. Failure to do so may result in disciplinary action. 7.3 Members must produce Membership Cards when booking for golf and at all other times on request. 8. Playing Numbers A maximum of four (4) players per group applies unless the Company agrees otherwise. 9. No Liability The Company and the Club accept no liability for lost or stolen property whatsoever. 10. Practice Members may practice on designated bunkers and greens only.

8 11. Food and Beverage All food and beverages must be purchased from the Club. Members and their guests are prohibited (for licensing reasons) from taking their own alcohol onto the course. 12. Clubhouse The Clubhouse may be open from 6:00am to 5:00pm but these hours are subject to change without notice. 13. Functions Members and guests may book the function room, subject to availability, by contacting the Events Coordinator.

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