RULES AND REGULATIONS MISTY CREEK COUNTRY CLUB, INC.

RULES AND REGULATIONS MISTY CREEK COUNTRY CLUB, INC. These rules are to remain in effect permanently, and may be amended only by the majority vote of the Board of Directors. These rules were submitted by the various standing committees, were finalized by the Rules Committee, and subsequently submitted to the Board of Directors for final adoption. Nowhere are these rules intended to conflict with, or are to be interpreted so as to conflict with the By Laws of Misty Creek Country Club. Past actions or decisions by the Board of Directors are not to be considered as a precedent for future actions or decisions, unless specifically provided for in the By Laws. GENERAL RULES 1a. An Equity Member who has resigned may be reinstated, as long as no sale or transfer of the Member s certificate occurred. Such Member must have continued to keep his/her financial obligations current for the six (6) month period prior to the resignation becoming non revocable per Bylaws Section 3.4. Any such Member who has become delinquent per Bylaws Section 4.7 will be permitted to become current upon payment of all outstanding indebtedness. If a certificate has been endorsed or lost, a new one will be issued and a transfer fee assessed. The Board of Directors shall have the right, by majority vote, to approve or disapprove reinstatement for any type of membership, and require any additional fees as may be appropriate. The Board may also determine the status of any member benefits outstanding (i.e., passes, prizes, credits, etc.). 1b. Other than Equity and Senior Memberships, Annual Memberships have the longest term. Therefore all Members other than Equity and Senior are subject to the terms of their contract signed within the last twelve months. Without a signed agreement within 12 months, all and any Membership privileges are revoked. 2. The Club shall not be responsible for any loss or damage to any private property used or stored on the Club premises, whether in lockers or elsewhere. 3. Every Member of the Club shall be liable for any property damage and/or personal injury at the Club, or any activity or function operated, organized, arranged or sponsored by the Club, caused by the Member, any guest, or family member. Members shall pay the cost of such damage promptly upon receipt of a statement from the Club. 4. Any Member, guest, or other person who, in any manner, makes use of or accepts the use of any apparatus, appliance, facility, privilege or service whatsoever owned, leased or operated by the Club, or who engages in any contest, game, function, exercise, competition or other activity operated, organized, arranged or sponsored by the Club, either on or off the Club s premises, shall do so at his or her own risk, and shall hold the Club, its Board of Directors, officers, employees, representatives and agents harmless from any loss, cost, claim, injury, damage or liability sustained or incurred by him or her, resulting there from and/or from any act or omission of any director, officer, employee, representative or agent of the Club. 5. If a Member s check is returned for non sufficient funds and the Club incurs a bank charge as a result, then the Member shall be assessed the amount of the charge and, if applicable interest charges on the debt(s) over 30 days late based on the invoice presenting such charges for payment. 6. Members must not request special services from Club employees who are on duty. Misty Creek Country Club Edit March 26, 2013 Page 1

7. The roster or list of Members in the Club shall not be used or given to anyone by management or by a Club Member for any reason whatsoever, and shall be furnished only to Members for social purposes or Club business 8. All complaints, criticisms or suggestions of any kind relating to any of the operations of the Club must be in writing, signed and addressed to the General Manager (GM). 9. Members and their guest(s) may not abuse any of the Club s employees, verbally or otherwise. All service employees of the Club are under the supervision of the GM, and no Member or guest shall reprimand or discipline any employee, or send any employee off the Club facilities for any reason. Any employee not rendering courteous and prompt service should be reported to the GM immediately. 10. The Club, and such facilities as may be contemplated, shall be open on such days and during such hours as may be promulgated from time to time by the Club. The decision as to the availability of facilities and services shall be determined by the Club, based in part upon the extent of Member participation at certain times, and the economic viability of operation of the facilities at certain times. 11. No Member may remove from the Club premises any property belonging to the Club without authorization from the GM. 12. Roller blading, bicycling or skate boarding are not permitted on the Club property at any time. 13. Fishing from the fairway sides of the ponds is not permitted. 14. Walking and jogging on the golf course is not permitted at any time. 15. Expletive or offensive language will not be tolerated. 16. All sweeps from the prior year must be used in total by March 31 st of the following year. CLUBHOUSE RULES 1. No group, organization or committee shall plan or set dates for dining room activities without prior approval of the GM or designated employee. 2. Hours of operation shall be set by the GM and announced in the Club s Newsletter. The hours pertaining to the bar shall be posted in the bar area. The Club wishes to encourage the use of the Clubhouse by Members for private parties, provided that it does not conflict or interfere with the normal service to Members and their use of the Club. Arrangements for private parties will be catered solely by the Club or at the discretion of the GM may be catered by parties other than the Club 3. Members are not allowed to charge purchases to the unspent minimum balance of another Member. Guests may credit purchases to the unspent minimum balance of their sponsoring Members. An assignee may credit purchases to the unspent minimum balance of their assigning Member only. Misty Creek Country Club Edit March 26, 2013 Page 2

4. Alcoholic beverages will not be sold, served or consumed on Club premises during hours prohibited by law or as directed by the GM. Alcoholic beverages will not be sold, served or consumed on Club property by any person not permitted to purchase same under Florida State laws. 5. It is the policy of this Club to terminate service to any individual who appears to be intoxicated, or has reached a reasonable limit of alcoholic beverages in a short period of time. (Limitations and periods of time are set by the Bureau of Alcohol.) Any individual who does not comply with the above may be suspended. The period of time of suspension shall be determined at a meeting of the Board of Directors. This policy is for the welfare and benefit of Misty Creek Country Club, Inc., its Members and staff. 6. No advertising will be displayed in the Clubhouse without GM approval. 7. All food and beverages consumed in the Clubhouse will be furnished by the Club, except as otherwise permitted in advance by the Club GM. 8. Children under 13 years of age are not permitted in the Clubhouse, unless accompanied and supervised by an adult. Children under the lawful drinking age are not permitted in the Bar/Lounge unless accompanied by an adult. 9. Gambling and wagering are prohibited. 10. Cell phone use is discouraged in the Clubhouse. 11. No score sheets, decorations, notices, etc., will be affixed or attached to any interior walls, fixtures or furnishings without approval of the GM or designated employees. Pictures, plants, decorative accessories, etc., will not be rearranged without approval of the GM. Furniture may be rearranged as required to accommodate special functions and seating arrangements. Those responsible for such changes will restore the furniture to its normal arrangement. 12. Tables will be assigned on a first call, first choice basis by pre registering with the Club Staff for all functions held in the dining room. 13. It is expected that Members will choose to dress in a fashion befitting the surroundings and atmosphere provided by the Club. It is expected that members will advise their guests of the Club s dress requirements. Appropriate golf attire is required in the Clubhouse. Ladies shirts must have a collar, if sleeveless, and must have sleeves, if collarless. Crew collars are permitted. Men s shirts must have a collar. Appropriate mock collars are permitted. Tee shirts, gym shorts, tank tops, tube and halter tops, cut off shorts, bathing attire, spandex attire, and similar attire are not permitted. 14. For dinner in the Main Dining Room, the mode of dress for gentlemen is dressy casual, unless otherwise specified. Ladies will dress in a fashion comparable with the dress required of gentlemen. For breakfast and luncheon in the Main Dining Room, informal, casual sports attire may be worn. 15. No hats or visors shall be worn in the Clubhouse by men. Denim is permissible unless prohibited for an event by the GM Misty Creek Country Club Edit March 26, 2013 Page 3

16. Only food and beverage personnel are permitted behind the bar, in the kitchen and snack bar areas. 17. Private use of Club telephone is limited to two minutes. 18. Club facilities are not available for card or other game playing after operating hours, if play conflicts with scheduled meetings or functions. Club facilities are otherwise available for such play after operating hours at the discretion of the GM, but may require appropriate compensation to the Club 19. Except during service calls or making deliveries, parking vehicles, including carts, is prohibited on the circular driveway and near the pantry ramp of the Clubhouse. Designated parking for golf carts is on the paved area adjacent to the scoreboard. 20. All bikes shall be parked in the bike rack. REGISTRATION 1. All players must register in the Pro Shop prior to playing the course. 2. All Members must present their Membership cards upon request. A Membership card must be used only by the Member to whom it is issued, and not by any other person. Membership cards will be required at reciprocal clubs, at the discretion of the reciprocal club. 3. All players must have a starting time before teeing off. The names of all players in the foursome will be given to the Pro Shop. 4. When crowded conditions occur, twosomes and singles will be grouped with other players at the discretion of the Pro Shop. 5. Failure to check in and register ten minutes prior to starting time may cause cancellation. 6. Fivesomes will be allowed at the discretion of the Golf Professional. 7. Repeated failure to notify the Pro Shop of a cancellation 24 hours in advance may subject Member to disciplinary action and/or a cancellation fee equal to the applicable greens fee for all players in the group. 8. Children of Members under the age of 16 must play with a Member or have prior approval of the Pro Shop. 9. Equity Members may reserve tee times fourteen days in advance, all other categories of Membership may reserve times 10 days in advance, and all other players may reserve tee times 7 days in advance or less. 10. When rains prevail and cause termination of play, a rain check for that day s greens fees and cart fees will be issued. A rain check will be issued for 18 holes, if six or fewer holes were completed prior to rain. A rain check will be issued for nine (9) holes, if 7 to 12 holes were completed prior to rain. No rain check will be issued, if more than 12 holes were completed prior to rain. Rain checks will only be issued immediately after termination of play, and it will be at the sole responsibility of the players to request a rain check. Misty Creek Country Club Edit March 26, 2013 Page 4

GUESTS 1. All guests must be registered and sponsored by a Club Member. Each Member is responsible for the conduct of his/her guests. Guest fees will be charged for use of the facilities of the Club whether accompanied or unaccompanied by a Club Member. For purposes of determining rates for greens fees, Guests are categorized as follows: (a) Family Guests, defined as a parent, siblings, children, and grandchildren of the golfing Member and spouse or domestic partner of the Member; (b) House Guests, defined as visitors of a Member, actually residing with the Member for a period of 30 days or less and (c) Other Guests, defined as all other accompanied Guests of a Member. Any golfer not associated with a Member (i.e., the general public) will not be considered a Guest for purposes of this section. 2. House Guests and Other Guests may enjoy golf and/or other privileges upon payment of the Member Guest greens fee rate. Greens fees for Family Guests will be 10 percent lower than the fees charged for House Guests and Other Guests. 3. Member Guest rate privileges are limited to once per calendar month per Guest, with a maximum of 6 times per calendar year. Additional Member Guest rate privileges may be extended to Family or House Guests with approval of the Club, as specified in the Rules and Regulations. In all other cases, the prevailing posted outside (i.e., public) rates in the Pro Shop will apply. 4. As provided by the By Laws Section 3.7, an Equity Member has the right to offer the playing privileges of the Membership for assignment. Upon approval of such assignment, by the Board, the Assignor (and any other person(s) included in Equity Membership) shall be allowed to play golf as often as desired, but shall pay green and cart fees at the prevailing posted outside rate. If such Assignor has previously paid a trail fee for use of a privately owned golf cart, Assignor is permitted to use the cart on the course, but shall be bound by the same rules that apply to all Members of Misty Creek Country Club. It is recognized that the Assignee is not an Equity Member, but may participate in all Club affairs, except for those that are limited to Equity Members. 5. The GM and or/ the Board of Directors may, from time to time, issue guest passes to Club Members or non members, allowing for free golf and/or tennis privileges. Unless specified otherwise on the pass, the following restrictions shall apply; (a) passes will be accepted for daily play only (no tournaments or special events); (b) only original passes (no copies) will be accepted; (c) guests who have received their passes from a Club Member may use the facilities with or without that Member in attendance; (d) the Pro Shop may schedule usage of the Club facilities at such times so as not to interfere with other activities; (e) guests using a free pass may be permitted to use the Club facility only twice per calendar month. GOLF AND CART RULES 1. All play will start on the first tee (except shot gun starts), unless approval is obtained to start on the tenth tee from the Pro Shop. Such players, after finishing the 18th hole, will not have absolute rights to the first tee. Such players must obtain their proper place from the Pro Shop. 2. Practice is not allowed on the golf course. The driving range and the pitching and putting greens will be used for all practice. The use of practice areas is limited to Members and to paid daily fee customers on the day of play. Misty Creek Country Club Edit March 26, 2013 Page 5

3. A group failing to keep its place on the course, and losing more than one hole on the group ahead, must allow the following group to play through. 4. A single player has no standing, and shall give way to a foursome or match of any kind. 5. The golf ranger or Pro Shop staff has full authority on the course to speed up play by enforcing all rules. If a group is behind the group in front by more than one hole, or behind the pace of play by 14 minutes, the group will be asked to improve their position on the course. If the group does not improve their position within two holes, the group will be asked to pick up their ball and move forward into position. This request will be made by the ranger or golf staff member. If this request is not adhered to, the golf staff may ask the group to leave the course. If the group involved has a Member or Members as part of the group, the Member(s) may receive from the Board of Directors a letter of reprimand, which could include disciplinary action. 6. Each players must have a set of golf clubs. 7. Members are permitted to walk when playing golf only after 1:30 p.m. 8. Pull carts are not permitted on the aprons or fringes of the greens or teeing areas. 9. Appropriate golf attire is required. Ladies shirts must have a collar, if sleeveless, and must have sleeves, if collarless. Crew collars are permitted. Men s shirts must have a collar. Appropriate mock collars are permitted. Denim, tee shirts, gym shorts, tank tops, tube and halter tops, cut off shorts, bathing attire, spandex attire, and similar attire are not permitted. Pro Shop personnel will enforce the dress code for the golfing facilities. 10. Non Members are not permitted to bring coolers, and all food & beverage must be purchased from the Club as specified in these Rules and Regulations. 11. Golf carts will not be used by a Club Member or guest without prior assignment, registration, and payment of applicable fees in the Pro Shop. 12. Operators of Club owned and privately owned golf carts operated on golf course property must be at least 16 years of age and possess a valid driver s license. 13. Club provided golf carts are not to be used off the course or within any residential area. 14. No more than two people and no more than two sets of golf clubs per cart are permitted. Only one Clubowned cart in a twosome, and no more than two Club owned carts in a threesome or foursome are permitted. 15. Golf cart paths must be used where provided. At all other times carts must drive in the rough and remain there until arriving adjacent to player s ball; then cross the fairway using the 90 degree rule, returning to the nearest rough area after playing the shot. 16. Except on a path, do not drive carts beyond the white markings in front of green, tee, or closely mowed approach area to the green. Golf carts must stay on paths on all Par Threes at all times. Misty Creek Country Club Edit March 26, 2013 Page 6

17. Do not drive carts into or through a hazard. 18. Always avoid soft areas on the entire course. 19. Protect carts by avoiding low hanging tree branches and other obstacles. Operation of a golf cart is the responsibility of the operator. The cost of repairs to a Club provided cart damaged by a Member or Member s guest will be charged to such Member. 20. All Club provided golf carts must be returned to the cart return area immediately upon completion of the round of golf. 21. Obey all directional signs and honor all roped off areas. 22. Park carts on the pavement when using the practice areas. During times of congestion, park carts on the widened areas of the pavement, so that those players wishing to pass may do so without leaving the pavement. 23. Replace all divots with sand provided on all carts. 24. Handicap cart privileges will be determined by the Golf Professional. Handicap carts will be identified by a flag issued by the Pro Shop and attached to the cart. Handicap carts are not permitted within 15 feet of a green. 25. Ball hawking is not allowed on the golf course at any time. 26. All players who stop after playing nine holes for any reason must occupy the next tee before the following players arrive at the tee, or they will lose their position on the golf course. 27. The hours of play, driving range hours and Pro Shop hours will be posted in the Pro Shop. The Golf Course Superintendent is authorized to determine when the golf course is fit for play. His decision shall be final. In his absence, the Golf Professional on duty shall make this decision. PRIVATE GOLF CART RULES 1. Only Members who are residents of The Preserve at Misty Creek and have complied with number 7 below may operate privately owned golf carts on the golf course except for Home Owners as allowed in paragraph 8 of the land lease agreement. Misty Creek Country Club Edit March 26, 2013 Page 7

2. The annual Trail Fee for privately owned golf carts shall be determined from time to time by the Board of Directors. Trail Fees shall be billed in December for the upcoming year, and must be paid in full prior to February 1 st each year. Trail Fee applications after January 31 shall be pro rated to the end of the calendar year. No Trail Fees will be refunded or deferred for any reason. 3. Members may choose to lease a cart from the Club for an annual fee which shall be determined from time to time by the BOD. Lease agreements are subject to the payment schedule and application process for Trail Fees. 4. The per person cart fee for Club owned carts shall be charged at the prevailing rate for any rider in a privately owned cart. 5. An owner will be charged the prevailing cart rate when using a club cart for whatever reason, excluding downtime of the private cart (proof of cart downtime may be required or when in use by the joint Member in a family Membership. 6. Privately owned golf carts must be approved by the BOD, so as to comply with appearance and safety standards set forth by the Club. Private carts must be electric battery operated only, and have four wheels. The only private carts with three wheels allowed are those in use at the Club before March 23, 1992. 7. All Club Members who are owners of private golf carts are required to complete an annual application, confirm liability insurance and sign a release of liability agreeing to hold the club harmless as a result of any loss or damage relation to owner s operation of the golf cart. Private cart owners will display on the cart a current decal provided by the administration office at the time of application. 8. Private golf cart owners are required to sign in at the Pro Shop prior to commencing play. 9. Private cart owners must follow all rules pertaining to operation of Club owned carts on the golf course. HOLE IN ONE/HANDICAP FEES 1. Every Membership of the club shall upon admission to the Club be charged a mandatory $10 fee for the hole in one club. 2. In the event of a Member hole in one at Misty Creek, the Member will receive a credit of $125 to their Member account and a $125 credit to their Sweeps account. 3. When the balance in the hole in one fund drops below the threshold of $250, each Membership in the club will be charged $10 on their next statement to replenish the fund. 4. All Members will be charged $10 per year for Handicap fees. TENNIS COURTS Misty Creek Country Club Edit March 26, 2013 Page 8

1. The tennis courts are for the use of Members of Misty Creek Country Club, their guests, and students of the Club tennis professional. Residents of the Preserve at Misty Creek can be permitted to use the courts with the express permission of the Club GM. 2. All players must check in and register at the Pro Shop prior to their entering the tennis court area. Failure to register can result in suspension of playing privileges. 3. Proper tennis attire is required at all times. Colors are permitted. However, cut offs, bathing suits, gym shorts, or running shorts are not permitted. Shirts will be worn at all times. 4. Proper tennis etiquette should be observed at all times. Excessive noise, racquet throwing or profanity is strictly prohibited. 5. If other persons are waiting to play, play will be limited to one and one half hours. The players will relinquish the court to the waiting players. The relinquishing players may again use the court after all waiting players have finished their turn. 6. Members shall be responsible for the conduct of their guests. 7. Children under 12 years of age must be accompanied by an adult. 9. No glass containers of any kind are permitted on the tennis courts. 9. Pro Shop personnel shall be responsible for enforcing the above stated tennis rules, and for collection of court fees. Misty Creek Country Club Edit March 26, 2013 Page 9