In these Rules, unless there is something in the subject or context inconsistent therewith, the following expressions shall have the following meanings :“CLUB”
PALM SPRING GOLF AND BEACH RESORT“CLUB PREMISES”
Nongsa, Pulau Batam, Republic of Indonesia.“DEPOSIT”
The sum of money to be deposited without interest by the member with the proprietor and which shall be refunded to the member in the year of 31 st December 2020.“MEMBER”
Member of the Club of Indonesia nationality, including all classes of membership and, where appropriate, nominees of Members.“PROPRIETER”
P.T AFP DWILESTARI and successors-in-title and assigns.
2.1 The name of the Club shall be PALM SPRING GOLF AND BEACH RESORT
2.2 The club premises shall be located at Nongsa, Pulau Batam, Republic of Indonesia
The objects of the Club shall be the provision of facilities for golfing and such other sports and social recreation which the Proprietor may decide from time to time for its Members and guests.
4.1 The Club is a proprietary club, the sole proprietor being P.T. AFP DWILESTARI
4.2 Members of the Club shall have the right, and the Proprietor shall allow Members, to use the Club premises and facilities thereon in accordance with these Rules and the bye-laws of the Club for the duration of their membership.
4.3 The proprietor shall be entitled to charge and receive, and amend, increase, alter or fix from time to time, entrance and annual membership fees, monthly subscriptions, bonded fees and all other charges and fees. Unless otherwise decided by the Proprietor, monthly subscriptions shall be payable each calendar month in advance, and charges and expenses shall be billed at the end of each calendar month. Annual membership fees shall be payable each calendar year in advance (any new member joining the Club during the year in advance (any new member joining the Club during the year shall have his annual fee pro rated for the year of his admission). The Proprietor may at its discretion waive, increase or decrease the entrance fees for any application or any classes of membership as it thinks fit.
4.4 The Club Premises and facilities thereon are the property of the Proprietor, and Members have only a contractual right pursuant to and in accordance with the terms of-their memberships to use the Club Premises and facilities thereon. All surplus operating income shall belong to the Proprietor.
4.5 Notwithstanding anything herein contained, the Proprietor shall be entitled, if it so chooses, at any time and from time to time, to exercise all or any of the powers vested in the General Manager. In the event of any conflict pursuant thereto, the decision of the Proprietor shall prevail and be accepted as final and conclusive.
5.1 The classes of membership in the Club are as follows
The Proprietor reserves the right to introduce new classes of membership at any time and from time to time.
5.2 The Proprietor may invite any distinguished personality or any person connected to the operations of the Proprietor or the Club to be an Honorary Member for such period and on such terms as the Proprietor may determine.
(i) Individual Membership is open to any individual above 21 years of age. Individual Memberships expire on 31st December 2020.
(ii) All applications for individual Memberships shall be :
(i) There are two categories of Corporate Membership, namely, Corporate (One) Membership and Corporate (Two) Membership. Both categories may, where the context permits, be referred to in these Rules as Corporate Memberships.
(ii) Corporate Membership is open to any partnership, unincorporated association, body corporate, or other institution. Corporate Membership expire on 31st December 2020.
(iii) All applications shall be:
(i) There are two categories of Social Membership, namely, Social (individual) Membership and Social (Corporate) Membership. Both categories may, where the context permits, be referred to in these Rules as Social Memberships.
(ii) Social (Corporate) Membership is open to any partnership, unincorporated association, body corporate, or other institution. Social (individual) Membership is open to any individual above 21 years of age. Social Memberships expire on 31st December 2020. A Social Member or nominee may not use the golf course except as a guests.
(iii) All applications for Social Memberships shall be :
(i) Term Membership is open to any individual above 21 years of age. Term Memberships expire 12 calendar months from the date commencement of the relevant Term Membership.
(ii) All applications for Term Memberships shall be :
The spouse and children under 21 years of age of any Member may use the facilities of the Club except for the golf courses. The spouse and children under 21 years of age of Members (other than Social (Individual) and Social (Corporate)) may use the golf courses upon payment of additional monthly subscription from time to time prescribed by the Proprietor. The relevant Member shall be responsible for and discharge the liabilities incurred by his spouse and children.
The facilities of the Club may be open to persons who are not Members on the terms of any reciprocal arrangements with other clubs which the Proprietor may decide to enter into.
The name of very Member shall be entered in the Register of Members. Each Members (and, where applicable, his spouse and children) shall be issued one membership card, which constitutes conclusive evidence of membership and which shall be produced on demand by any member of staff or authorized person of the Club.
Each Member may bring in three guests (or such other number as the Proprietor may determine) at any one time to use the golf course, and six guests (or such other number as the Proprietor may determine) to use any other facilities. Guests shall be signed in at a visitor’s book and are entitled to use the facilities of the Club upon payment of such fees and upon such terms and conditions as may from time to time be determined by the Proprietor. The Member introducing the guest shall be responsible for and discharge all liabilities incurred by the guest. Guests who have been black marked by the Proprietor shall not be introduced.
The Proprietor may reserve the whole or any part of the facilities of the Club for such purpose and for such period of time as it deems necessary, and may allow the use of any part of the facilities of the Club by persons who are not Members or guests.
The Proprietor reserves the right to create new categories of memberships that may not require the application for or the holding of Deposit issued by the Proprietor.
A Member must carry his membership card when using the facilities of the Club or when he is on the Club Premises.
A Member may at any time notice in writing to the Proprietor resign his or its membership but shall continue to be liable for any entrance fee, annual membership fee, deposit payments, monthly subscriptions or other liabilities due and unpaid at the date of his or its resignation. A resigning Member may within three months after the date of his or its resignations apply to transfer the resigned membership. Upon resignation and before transfer, a Member which holds a Deposit will continue to hold the Deposit without enjoying the privileges of membership in the Club.
The Proprietor may suspend a Member for such period as it thinks fit or terminate his or its membership upon giving 14 days notice in writing if :
A Member shall cease to be a Member if :-
Where a membership is terminated pursuant to Rule 6.2 or Rule 6.3 above, the Member (or his or its heirs, successors, executors, administrators or liquidators) may whiten three moths after the date of termination apply to transfer the terminated membership, subject to full settlement of his or its account with the Club. If the membership is not transferred at the expiry of the three-month period, that membership shall be forfeited and the Member (or his or its heirs, successors, executors, administrators or liquidators) shall continue to hold his or its Deposit, if any, without enjoying the privileges of membership in the Club.
Save for Rule 6.4 above, a Member shall forfeit all right and privileges of a Member and the use of the facilities of the Club on and from the date of termination of his or its membership, but shall continue to be liable for any entrance fee, annual membership fee, Deposit payments, installments thereof, subscription or other liabilities due and unpaid at the date termination.
The Proprietor may appoint any individual, person, firm or body corporate to be the General Manager for the day to day administration of the Club. The General Manager shall be responsible for the formulation and implementation of the Club’s progamme of activities and shall supervise the Club ‘s employees, servants or agents as may be appointed by the Proprietor.
The Proprietor may establish a General Committee, and appoint persons (whether Member or not) to be members of such General Committee. The General Committee shall serve as a liaison between the Proprietor and the Members.
The Proprietor may from time to time appoint committees, and may appoint such persons as it deems appropriate to such committees and prescribe powers of and procedures for such committees.
No Member shall take away, or permit to be taken away, any property within the Club Premises under any pretence whatsoever or shall injure or destroy any such property.
The Proprietor, the General Manager, the Club, the General Committee and any other committee and any person appointed or employed by the Proprietor, the General Manager or the Club shall not be liable :
Every Member shall communicate in writing any change of address to the General Manager. Such address shall be inserted in the register of Member.
A notice to any Member may be sent by post or delivered by hand to his or its address in the Register of Members. If it is sent by post it shall be deemed to have been duly delivered fourteen days after the date of posting.
The Proprietor may from time to time lay down, amend or repeal any bye-laws as it may deem necessary for the efficient running of the Club. All Member shall be bound by the bye-laws of the Club. In the event of any inconsistency between the bye-laws and these Rules, these Rules shall prevail. Amendments to the bye-laws shall come into force after at least seven days prior notice in writing has been given to Members and upon such amendments being posted on the Club Notice Board. The Proprietor shall send such amendments to Members, but failure to receive any amendments on the part of any Member shall not affect the validity or enforceability of such amendments. A copy of the prevailing bye-laws shall be made available to any Member upon written request.
Only the Proprietor shall have the power to amend, add to or repeal these Rules. Amendments to these Rules shall come into force after at least seven days prior notice in writing has been given to Members and upon such amendments being posted on the Club Notice Boards. The Proprietor shall send such amendments to Members, but failure to receive any amendments on the part of any Member shall not affect the validity or enforceability of such amendments. A copy of the prevailing Rules shall be made available to any Member upon written request.
The introduction of persons of bad character or ill-repute or indecent behavior or illegal activities into the Club Premises is prohibited.
The account of each Member with the Club shall be kept as directed by the General Manager and each Member shall keep his or its account in credit and shall place a bonded fee in order to have signing facilities for food and beverages and other expenses.
Should any Member’s account not be in credit the General Manager may, after due notification has been given, withdraw the Member’s privileges in the Club until credit has been established.
No Member who has been notified that his account is in debit can enter for or take part in any Club Competition or in any inter-Club matches.
If any Member fails to place his account in credit within seven days after notice from the General Manager, the General Manager shall give him a notice stating that unless his account be placed in credit within a further period of seven days, his name will be posted on the Club’s Notice Boards as a Defaulter.
If the Member fails to place his account in credit after his name has been so pasted as a Defaulter, the General Manager shall delete his name from the Register of members and he shall thereupon cease to be a Member but without prejudice to the right of the Club to recover all monies due by him to the Club.
The Club shall be dissolved upon the expiry of the Proprietor’s tenure on the Club Premises or upon the occurrence of any government action or Act of God which makes it illegal or impossible for the Proprietor to continue holding the Club Premises or owning or operating the Club.
Upon the dissolution of the Club, all rights of Membership shall terminate and the Proprietor shall be discharged from all liabilities and obligations, to the Members or any other person, hereunder or elsewhere save for the Deposit (if any).
All Members shall remain liable to the Proprietor for all dues or debts incurred before dissolution of the Club and shall forthwith make payment.
The Proprietor shall be the sole authority for the interpretation of these Rules and the bye-laws of the Club and the decision of the Proprietor shall be final and binding.
The spouse and children under 21 years of age of each Individual Member, nominee and alternative nominee of each Corporate Member, Social Individual Member, Social Corporate Member, Honorary Member and Local Member (the “Relevant Member”) may use the facilities of the Club except for the golf course. The spouse of a Relevant Member may use the golf course upon payment of additional monthly subscription from time to time prescribed by the Proprietor. The Relevant Member shall be responsible for and discharge the liabilities incurred by his spouse and children.