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THE
LEGENDS FORT CANNING PARK
Owned
and Operated by
THE
LEGENDS FORT CANNING PARK PTE. LTD.
RULES
& REGULATIONS
The
information contained herein is correct as at 25 February
2004
and
may from time to time be amended or deleted as deemed fit
by the Proprietor.
THE
LEGENDS FORT CANNING
PARK
11
Canning Walk, Singapore 178881
Tel:
63381212 Fax: 63343020
RULES
& REGULATIONS OF
THE
LEGENDS
FORT
CANNING
PARK
Name
1.
The name of the club is THE LEGENDS FORT CANNING
PARK (the “ Club ”).
Object
2.
The object of the Club is to provide for the use
and enjoyment by the Members of facilities (the “ Facilities
”) for recreation, entertainment, dining and/or such
other activities as the Proprietor may from time to time at
its discretion decide.
Constitution
of Club
3.1
The Proprietor
The
proprietor (which expression shall include its successors-in-title
and assigns) and sole manager of the Club is The Legends Fort
Canning Park Pte. Ltd. (the “ Proprietor ”).
3.2
Supervision of Club
The
Proprietor is a private company incorporated in Singapore
. Its Board of Directors will be entrusted with the supervision
of the politics, management, maintenance, finance, accounts
and operation of the Club.
3.3
Premises
The
place of business of the Club shall be situated at part of
Lot 474X (now known as Lot 500N) of Town Subdivision 20 comprised
in the Certificate of Title Volume 469 Folio 64 together with
the building erected thereon known as 11 Canning Walk on Fort
Canning Park (the “ Premises ”) in relation
to which the Proprietor has obtained a lease from the National
Parks Board for a period of 30 years ending October 2032.
3.4
Payment to Proprietor
All
payments due by a Member under these Rules and the bye-laws
made pursuant to these Rules (the “ Bye-laws ”)
shall be due to the Proprietor and not the Club.
•
Ownership of Assets
All
the improvements and Facilities provided at the Club and located
at the Premises (the “ Assets ”) shall be
deemed to be owned by the Proprietor. The Premises are leased
by the National Parks Board to the Proprietor. No Member shall
have any rights interest or title whatsoever in relation to
the same. Use of the Facilities by Members will be subject
to these Rules and the Bye-laws.
3.6
Granting of Licence to Members
In
consideration of the Member agreeing to pay in accordance
with the provisions herein the Entrance Fee, the monthly subscription
and any other sum payable hereunder, and subject to these
Rules and the Bye-laws, the Proprietor grants to the Member
a licence for a period commencing from the date the Member
becomes a member of the Club till October 2032 to:
(i)
use and enjoy the Facilities; or
(ii)
in the case of a Corporate Member, nominate a
Nominee to use and enjoy the Facilities, (where a nominee
must be employed by the company holding a corporate membership),
in
common with other Members, the Nominees of other Members,
the persons entitled thereunder and such other persons as
the Proprietor may in its discretion decide subject to these
Rules and the Bye-laws, provided always that in the event
that the lease of the Premises is extended after October 2032
or the Facilities are relocated to different premises after
October 2032, the Proprietor shall grant to the Members an
option to extend the licence granted to them pursuant to this
Rule 3.6 to use and enjoy the Facilities on such terms and
conditions as are mutually acceptable to the Proprietor and
the Members.
A
Member shall also be entitled to use the facilities at and
be subject to the rules and regulations and bye-laws of The
Legends Golf & Country Resort in Johor Bahru , Malaysia
and the terms of an agreement entered into between the Proprietor
and The Legends Golf & Country Resort Bhd. The Proprietor
shall be entitled to apportion to and to collect on behalf
of and remit to The Legends Golf & Country Resort Bhd
such sum as it may in its sole discretion agree with The Legends
Golf & Country Resort Bhd in connection with the use by
Members of the facilities of The Legends Golf & Country
Resort.
Club
Property
4.
All the improvements to the Assets shall at all
times be and remain the property of the Proprietor and no
Member shall take away or permit to be taken away from the
Premises or shall injure, damage, misuse or destroy any of
the Assets.
Rights
and Liabilities of Members
5.1
Use of Facilities
Every
Member shall, subject to these Rules and the Bye-laws and
such restrictions or conditions as the Proprietor may from
time to time at its discretion impose, be entitled to use
and enjoy in common with the other Members the Facilities
provided by the Proprietor for the use of the Members, subject
to the payment of fees, subscriptions, and any other monies
due to the Proprietor. The Proprietor may at its discretion
also impose charges for any services, food, drinks or the
use of any of the Facilities. The Proprietor shall have the
right at any time and from time to time to vary any such charges.
5.2
Guests
The
Proprietor may at its discretion prescribe such rules relating
to the conduct and/or admission of Members and Nominees, their
guests, spouse, invitees or children, the use of the Facilities
and the conduct of games as it shall from time to time decide.
5.3
Financial Liability
A
Member shall not by reason of his membership be under any
financial liability in respect of the provision of the Assets
and Facilities except for payment of all monies payable under
these Rules and the Bye-laws to the Proprietor.
5.4
Repairs
Without
prejudice to the generality of the foregoing, if at any time
it appears to the Proprietor that any of the Facilities is
congested, in need of any repair, renovations, inspection,
expansion or maintenance or required for the use of the Proprietor
for any purpose as the Proprietor may decide, the Proprietor
may at its discretion impose conditions on, restrict, suspend
or otherwise limit the rights and privileges of the Members
in respect of any one or more of such Facilities. The Proprietor
shall not in any way be liable for any inconvenience or loss
that may be suffered or sustained by any Member or any other
person entitled or permitted to use and enjoy the Facilities
resulting from such conditions, restrictions, suspension or
limitation.
5.5
Alternative Facilities
The
Proprietor shall be entitled to substitute any of the Facilities
with any other facility that the Proprietor deems appropriate
in the event that any such Facility cannot, for any reason
whatsoever, be made available for the use and enjoyment of
the Members. In the event that such alternative facility cannot
be procured, the Proprietor shall have the absolute discretion
to discontinue providing such Facility and the Proprietor
shall not in any way be liable for any inconvenience or loss
that may be suffered or sustained by any Member or any other
person entitled or permitted to use and enjoy the Facilities
resulting from the Proprietor not providing such Facility.
Membership
6.1
Classes of Membership
Upon
its initial membership launch, the Club shall comprise of
Ordinary Members and Corporate Members. Any member of the
Club in whatever class shall be referred to in these Rules
and the Bye-laws as a Member which expression shall include
Nominees where appropriate. The Club shall consist of such
number of Members as the Proprietor may at its discretion
from time to time decide. The Proprietor may also decide to
exercise its discretion to offer to the public any additional
number of new memberships at a predetermined price for any
subsequent membership launches.
6.2
Creation of New Classes
The
Proprietor may from time to time create new classes or categories
of membership on such terms and conditions as the Proprietor
may determine.
6.3
Reciprocal rights to The Legends Golf &
Country Resort and affiliation with any other Clubs
Members
of the Club may enjoy membership privileges in The Legends
Golf & Country Resort in Johor Bahru , Malaysia , which
the Club has reciprocal usage arrangements with, or any other
affiliated/associated club to the Club, to the extent and
on such terms as the Proprietor may at its discretion determine
from time to time.
Honorary
Members
7.
The Proprietor may at any time and at its discretion
invite any person to be an Honorary Member upon such terms
and conditions and for such periods as the Proprietor may
determine. An Honorary Member shall have such rights and privileges
as the Proprietor may from time to time at its discretion
determine.
Ordinary
Members
8.1
Transfer
An
Ordinary Member may, with the approval of the Proprietor and
provided that he is not in breach of any of the Rules and
the Bye-laws, transfer his membership. Any Ordinary Member
(the “ Transferor ”) wishing to transfer
his membership must first submit the name of the proposed
transferee (the “ Transferee ”) on the prescribed
form to the Proprietor for approval. The Proprietor may at
its discretion reject the proposed Transferee for membership
for any reason whatsoever. No reason shall be given for such
rejections. The Transferee shall be a natural person aged
21 years or above. The Transferee shall be admitted as an
Ordinary Member upon payment to the Proprietor of:
•
a transfer fee (“ Transfer Fee
”) of S$1,000.00 + Goods and Services Tax (“ GST
”) payable by an Ordinary Member as may be decided
at the absolute discretion of the Proprietor from time to
time;
•
the transfer fee for a Priority Ordinary
Member / Priority Individual Member (being a former member
of the Fort Canning Country Club who has a first right to
join the Club at a preferential rate) shall be S$2,500.00
+ GST if the transfer takes place within the first 3 years
from the date of joining; and
(iii)
such sums as may be determined by the Proprietor
at its discretion from time to time as the refundable Security
Deposit (as defined in Rule 14.2).
8.2
Full Payment
An
Ordinary Member shall only be entitled to transfer his membership
upon full payment of his entrance fee, refundable Security
Deposit and all other fees, subscriptions and amounts owing
to the Proprietor.
8.3
Refund
Upon
the Transferee being admitted as an Ordinary Member, all monies
standing to the credit of the account of the Transferor including
deposits paid to the Proprietor shall be refunded to the Transferor
and the Transferor shall have no rights or claims whatsoever
against the Proprietor.
8.4
Supplementary Member
An
Ordinary Member shall, upon payment of a fee of such sum as
the Proprietor shall from time to time prescribe, be entitled
to nominate one person (who shall be the spouse of such Member
and aged 21 years or above) who shall, subject to the acceptance
by the Proprietor, be entitled to enjoy the Facilities in
the same manner as an Ordinary Member, and shall be subject
to these Rules and the Bye-laws including, but not limited
to, the payment of fees and subscription in the same manner
that an Ordinary Member shall be subject, and shall further
be subject to such restrictions or conditions as the Proprietor
may from time to time at its discretion impose.
Corporate
Members
9.1
Transfer
A
Corporate Member (which expression shall include businesses
registered in accordance with any applicable law) may, with
the approval of the Proprietor and provided that it is not
in breach of any of the Rules and the Bye-laws, transfer its
membership to any other company or business registered in
accordance with any applicable law. Any Corporate Member wishing
to transfer its membership must first submit the name of the
proposed transferee (the “ Corporate Transferee ”)
on the prescribed form to the Proprietor for approval. The
Proprietor may, at its discretion, reject the proposed Corporate
Transferee for membership for any reason whatsoever. No reason
shall be given for such rejections. The Corporate Transferee
shall be a firm or corporate body. The Corporate Transferee
shall be admitted as a Corporate Member upon the payment to
the Proprietor of the amounts referred to in Rule 8.1 except
that reference therein to “ Ordinary Member ”
shall be changed to “ Corporate Member ”.
9.2
Rules 8.2 and 8.3
The
provisions in Rules 8.2 and 8.3 shall mutatis mutandis be
applicable to Corporate Members.
9.3
Nominees
A
Corporate Member shall, upon payment of a nomination fee of
such sum as the Proprietor shall from time to time prescribe,
be entitled to nominate such number of persons as may be prescribed
by the Proprietor from time to time at its discretion (who
shall be aged 21 or above) employed by the Corporate Member
(collectively the “ Nominees ” and each a
“ Nominee ”) who shall, subject to the acceptance
by the Proprietor, be entitled to enjoy the Facilities subject
to these Rules and the Bye-laws, and such restrictions or
conditions as the Proprietor may from time to time at its
discretion impose, provided always that where the Corporate
Member nominates another person, the Corporate Member shall
not be entitled to use and enjoy the Facilities. The privileges
of the Nominees shall cease forthwith upon the membership
of such Corporate Member ceasing for any reason whatsoever.
9.4
Change of Nominees
A
Corporate Member may, by notice in writing to the Proprietor,
terminate the nomination of any Nominee and nominate another
individual as a Nominee, on payment of a renomination fee
of S$500.00 + GST, or such other amount as shall be determined
by the Proprietor from time to time at its discretion.
9.5
Acceptance of Nomination
All
Nominees, whether original or substituted, of a Corporate
Member shall be subjected to acceptance by the Proprietor
who shall be entitled at its discretion to reject any such
nomination without giving any reason whatsoever.
9.6
Liability of Corporate Member and/or its Nominee(s)
Each
Corporate Member and/or its Nominee(s) shall be jointly and
severally liable to the Proprietor for the payment of all
entrance fees, Monthly Instalments (where applicable), nomination/renomination
fees, liabilities and monies due on the accounts of its Nominees
and/or any charges or liabilities arising as a result of a
breach of these Rules and the Bye-laws by its Nominee(s) and
shall indemnify the Proprietor against all claims, proceedings
or actions made by its Nominees against the Proprietor in
respect of any matter whatsoever.
Membership
Application
10.1
Application Forms
Every
application for membership, other than as Honorary Members,
shall be made on the approved form provided by the Proprietor
and must be signed by the applicant. The terms and conditions
contained in such form shall form part of these Rules.
10.2
Entrance and other fees
The
application form shall be submitted together with payment
of the requisite entrance or other fees as may be specified
in the form.
10.3
Rejection of Application
If
any application is rejected, the applicant will be notified
of the same and all monies paid in respect of such application
will be refunded to the Member in such manner as the Proprietor
considers appropriate without interest, compensation or otherwise
at the applicant's own risk and thereafter the applicant shall
have no claims whatsoever against the Proprietor.
10.4
Minors
Applicants
and Nominees of Corporate Members below the age of 21 will
not be accepted.
Notification
of Acceptance
11.1
Acceptance Notice
Every
applicant for membership who has been accepted shall be informed
in writing by the Proprietor that he has been accepted (the
“ Acceptance Notice ”). A copy of these Rules
and a membership card, together with a request for payment
of such monies as may be due from the Member under these Rules
or otherwise, will accompany the Acceptance Notice.
11.2
Membership to Take Effect
Where
the Proprietor has despatched to a successful applicant the
Acceptance Notice, his name and address shall be entered in
the register of members (“ Register of Members ”)
and he shall thereafter be a Member and entitled to all the
rights and privileges of membership and shall be deemed to
have agreed to be bound by these Rules and the Bye-laws made
in accordance therewith.
Any
information relating to the Member may be shared by the Club
and The Legends Golf & Country Resort, Johor Bahru to
the extent as the Proprietor may at its sole discretion determine
from time to time.
Guests
12.1
Use of Facilities
Except
where otherwise provided by these Rules or the Bye-laws a
Member may, with the approval of the Proprietor, introduce
any person as a guest to the Club. Such a guest shall be entitled
to the use of the Facilities as may be determined from time
to time by the Proprietor and be governed by these Rules and
the Bye-laws provided that any guest using the Facilities
must be accompanied by a Member who shall pay such guest fees
as may be prescribed from time to time by the Proprietor.
The Proprietor may, at its discretion, restrict the number
of times a guest may be introduced to the Club during any
period. No guest shall be allowed to use the Facilities on
such days as the Proprietor may, in its discretion, prescribe
and no more than such number of guests as the Proprietor may,
at its discretion, determine shall be invited on any one occasion
by any one Member.
12.2
Responsibility of Members
A
Member introducing a guest shall write the name and address
of the guest, his own name and the period for which the guest
is introduced in the register of guests kept for the purpose
at the Premises and shall be responsible for any debt and
liability owing to the Proprietor by such guest and shall
indemnify the Proprietor against any claims, proceedings or
actions made by the guest against the Proprietor in respect
of any matter whatsoever. It is the duty of the Member to
acquaint his guest with these Rules and the Bye-laws and as
to whether there are any restrictions in respect of the use
of the Facilities by guests.
12.3
Withdrawal of Privileges
The
Proprietor may at any time at its discretion for any reason
whatsoever prohibit any guest from being introduced by a Member
and may at any time withdraw the privileges of the Club from
any guest.
12.4
Prohibition
No
person who has been prohibited from being introduced as a
guest, or from whom the privileges of the Club have been withdrawn,
or who has been expelled from the Club under Rule 22 may be
introduced as a guest.
12
.5 Private Functions
The
Proprietor may, at its discretion, at any time allow any of
the Facilities to be used for private functions, meetings
or conferences by any Member or any other person subject to
such conditions as the Proprietor may prescribe.
Entrance
and Other Fees
13.1
Fees
Unless
otherwise expressly excluded herein, each Member shall be
required to pay an entrance fee, Monthly Instalments (where
applicable), and such other fees as the Proprietor may from
time to time prescribe and all taxes and charges imposed by
any statutory or other law or regulation including but not
limited to the GST on all such amounts.
13.2
Credit Facilities
The
Proprietor may, at its discretion, extend to each Member credit
facilities or arrange for credit facilities through a third
party to an extent as may be determined by the Proprietor
from time to time (the “ Credit Limit ”).
Such credit facilities may not be utilized by any Member to
defer the payment of any entrance fee, Monthly Instalment
(where applicable), subscriptions or any deposit required
to be paid by such Member. Each Member shall be required to
pay a deposit (the “ Security Deposit ”)
of a sum to be determined by the Proprietor from time to time
and this sum shall be held as security for other monies due
and owing by the Member to the Proprietor at any time and
from time to time.
13.3
Amounts Payable
The
rates and amounts of entrance fee, Monthly Instalments (where
applicable), the refundable Security Deposit and other fees
payable by the various categories of Members shall be such
as the Proprietor may, at its discretion, from time to time
determine.
Subscriptions
14.1
Payments
Unless
otherwise expressly excluded herein, each Member shall be
required to pay such monthly subscription as shall from time
to time be notified by the Proprietor to the Member and/or
other subscriptions and at such rates as may from time to
time be prescribed by the Proprietor and all taxes and charges
imposed by any statutory or other law or regulation, including
but not limited to, the GST on such subscriptions.
14.2
Payment Date
The
first monthly subscription shall be pro-rated to 50% of the
full amount if the mail date of the membership cards is dated
on the 10 th day of each month or earlier. However, the first
monthly subscription shall commence on the first day of the
following month if the mail date of the membership cards is
dated later than the 10 th day of each month. All other monthly
subscriptions payable thereafter shall be due and payable
in advance on the 1 st day of each calendar month.
14.3
Other Subscriptions
The
other subscriptions shall be due and payable as such date
as the Proprietor shall at its discretion from time to time
determine.
The
Member's Account
15.1
Debit
Each
Member is deemed to have maintained an account (the “ Member's
Account ”) with the Proprietor on the Acceptance
Date. The Proprietor may debit against each Member's Account
for all Monthly Instalments (where applicable), and all other
sums payable under these Rules and the Bye-laws (the “ Indebtedness
”). Each Member is liable to pay to the Proprietor
or a contracted party such as a bank or credit card company
(individually known as the “ Third Party Contractor
”) (as the case may be) on all Indebtedness so debited
whether or not a sale voucher is signed by the Member. The
Proprietor reserves the right to assign the collection of
dues, fees and debt to a Third Party Contractor at any time
as deemed appropriate.
15.2
Monthly Statement
The
Proprietor will in the normal course send a monthly statement
(the “ Monthly Statement ”) to the Member
or such other person which it considers appropriate which
will show the balance outstanding in the Member's Account.
Payment of the Monthly Instalment (where applicable), any
deposit payable, any subscription and the Minimum Payment
specified in the Monthly Statement must be made to the Proprietor
by a date stipulated by the Proprietor as the payment date
(the “ Payment Date ”).
15.3
Records Conclusive
In
respect of the Monthly Statement, the Proprietor's record
of all transactions processed shall be conclusive and binding
upon each Member for all purposes whatsoever.
15.4
Monthly Statements Binding
Each
Member shall be obliged to check the correctness and accuracy
of the Monthly Statement and the contents of such Monthly
Statement shall be conclusive and binding on each Member if
no written objection is received by the Proprietor within
seven (7) calendar days of the Monthly Statement date.
15.5
Credit Limit
In
calculating whether the Credit Limit has been exceeded, the
Proprietor may take into account the amount of any transaction
not yet debited against the Member's Account.
15.6
Repayment
All
indebtedness will be immediately payable in full when the
credit (if any) is withdrawn or on the Member being declared
bankrupt, or on the death or incapacity or winding up of the
Member or on termination of the Member's membership or otherwise
in the Proprietor's absolute discretion.
15.7
Receipt of Payment
Any
payment to the Proprietor will only take effect when received
by the Proprietor and credited to the Member's Account. Any
payment sent by post by a Member to the Proprietor shall be
sent at the sole risk of the Member.
15.8
Priority
Payments
and credits to the Member's Account will be applied by the
Proprietor in satisfaction of all Indebtedness in such order
of priority as the Proprietor shall think fit. Within each
category of Indebtedness, payments and credits will be applied
first to the outstanding amounts due for the longest period
of time.
15.9
Costs
The
Member shall be liable to pay to the Proprietor all costs,
including legal costs on an indemnity basis incurred by the
Proprietor in enforcing or seeking to enforce the obligation
of the Member to repay any amount owing to the Proprietor.
Charges
16.1
Interest
Interest
shall be accrued daily at the rate of 2% per month (or at
such other rate as the Proprietor may, at its sole discretion,
determine from time to time) on the balance which is outstanding
on the Member's Account on the Monthly Statement. If no payment
is received on the Payment Date, a full month's interest charge
of 2% per month will be imposed on the sum due and remain
outstanding in the current Monthly Statement, regardless of
the date on which full payment is received in the following
month. The interest charges will not be pro-rated on a daily
basis and will be reflected in the following month's statement.
16.2
If the Proprietor is unable to produce or send
a Monthly Statement, each Member's liability for interest
shall continue and for the purpose of calculating interest
and establishing the date on which payment is due, the Proprietor
may select a date each month as the Monthly Statement date.
16.3
No Interest
If,
however, the whole of the outstanding balance on the Monthly
Statement date is repaid by the close of business on the Payment
Date, no interest will be charged on that balance.
16.4
Removal of Member's Name from the Register
of Members
If
any Member fails to pay any amount owing to the Proprietor
by the Payment Date, the Proprietor may send him a first reminder
with a request for immediate payment within the next 14 calendar
days. If the said amount is not paid within seven (7) calendar
days from the date such reminder is posted, a final reminder
for the outstanding amount will be served. If the said amount
is still not paid within seven (7) calendar days from the
date such reminder is posted, a demand letter will be sent,
and signing privileges at the Club and all privileges at The
Legends Golf & Country Resort will be suspended. If the
outstanding amount is still not paid within seven (7) calendar
days, the membership will be automatically suspended. Upon
further failure of payment, the Proprietor may, at its discretion
remove the Member's name from the Register of Members and
he shall thereupon cease to be a Member and forfeit all rights
and privileges of membership without any refund of any monies
paid by such Member except for any monies standing to the
credit of the refundable Security Deposits paid under Rule
14.2., if the outstanding amount remains unsettled within
the next seven (7) days from the date of the demand letter.
If the Proprietor exercises its right to remove the name of
a Member from the Register of Members, the balance of the
Monthly Instalments (where applicable) whether or not payable
then or in the future shall be immediately due and payable
from the Member on the date the Member's name is removed from
the Register of Members provided that no further monthly or
other subscription shall continue to be payable by the Member
to the Proprietor thereafter. Nothing in this Rule shall prejudice
the right of the Proprietor to recover any amount due prior
to the date the Member's name is removed from Register of
Members. If the Proprietor does not exercise its right to
remove the name of a Member from the Register of Members,
the Monthly Instalments (where applicable) and subscriptions
will continue to be due from the Member to the Proprietor
and the Proprietor shall be entitled to continue to debit
against the Member's Account for such sums as and when they
fall due, provided that the Proprietor may, at any time at
its discretion, restore a Member whose name has been removed
from the Register of Members, his membership upon payment
of all arrears amounts then due including late payment fee
and/or interest calculated on a daily basis in accordance
with Rules 17.1 or at the rate as may be stipulated by the
Proprietor from time to time, from the due date to the date
of payment.
16.5
Reinstatement Fee
Reinstatement
of a Member's membership after suspension will only be allowed
after all outstanding amounts are paid to the Club. The reinstatement
fee payable shall be at such rate as may from time to time
be prescribed by the Proprietor. The outstanding amounts shall
include the late interest payment and other monies due and
owing by the Member to the Proprietor arising under these
Rules.
Proprietor's
Discretion
17.1
Discretion to Refuse Transaction
The
Proprietor may, at time at its discretion and without assigning
any reason therefor, refuse to approve any proposed transaction
by a Member which would increase the Indebtedness of the Member,
notwithstanding that the total debit balance on the relevant
Member's Account at such time would not have exceeded the
Credit Limit, if any, then applicable to the Member's Account
if the amount of such transaction was debited thereto.
17
.2 Withdrawal of Credit
Any
credit extended by the Proprietor to any Member may be withdrawn
at any time and without any prior notice.
Prohibitions
18.1
Illegal activity
Illegal
activity of any kind is strictly forbidden on the Club premises.
18.2
Incurring liability in Club's name
No
Member shall borrow monies or incur any obligation or liability
in the name of, or pledge the credit of, the Club or the Proprietor.
18.3
Commercial Purpose
No
Member shall, without the prior written approval of the Proprietor,
use the address of the Club in any advertisement or use the
Club's address or premises for any commercial purposes.
18.4
Gambling
Unless
permitted by law, gambling of any kind whether for stakes
or not, is forbidden on the Premises, and the introduction
of materials for gambling or drug taking and of persons of
bad character into the Premises is prohibited. The Proprietor
shall determine what would constitute bad character and such
decision will be final and binding until revoked by the Proprietor.
Bankruptcy,
Conviction, etc.
19.1
Automatic Termination
If
any Member becomes of unsound mind or is the subject of winding-up
proceedings (voluntary or compulsory), or (being a Member
which is a partnership) is dissolved (save where the dissolution
is due to the death of one of the partners) or is adjudicated
a bankrupt or makes a composition with his creditors under
the provisions of any statute or is convicted of any offence
(other than a traffic offence) such a Member shall automatically
cease to be a Member, provided that if such Member's adjudication
is annulled or his conviction is set aside, the Proprietor
may, at its discretion restore his membership as from the
date when he ceased to be a Member. Nothing in this Rule shall
prejudice the right of the Proprietor to recover any amount
due prior to the date of the cessation.
If
such member is an Ordinary Member or Corporate Member, such
member may, subject to the approval of the Proprietor and
upon payment of all sums owing by the member to the Club,
transfer such member's membership within three (3) months
of the service of a notice of cessation by the Club on the
member at the member's address. If such member does not transfer
such member's membership within the said period of three (3)
months, the Proprietor shall have the right to transfer such
member's membership on the member's behalf. All sums owing
by such member to the Club and all expenses incurred by the
Club, if any, shall be deducted from the proceeds of sale,
the balance of the proceeds of sale shall be paid to such
member or the Official Assignee if he is adjudicated a bankrupt
or to the Liquidator, if being a Corporate Member it is wound
up. The proceeds of sale in the hands of the Club upon a transfer
under this Rule shall not carry interest and neither the Proprietor
nor the Club shall be answerable for any involuntary loss
happening in or about the exercise of any powers conferred
under this Rule for transfer of membership.
19.2
Death of Member
In
the case of the death of any partner of a firm holding a Corporate
Membership, the other partners surviving shall be the only
persons recognised by the Proprietor as having any right to
the membership.
19.3
Transmission
On
the death of a Member, the Proprietor shall upon the production
of a grant or probate or letters of administration, as the
case may be, transmit the membership of the deceased Member
to:
(i)
a member (who has attained 21 years of age) of
the deceased Member's immediate family; or
(ii)
the legal beneficiary of the estate of the deceased
Member (who is a natural person having attained 21 years of
age) in the case where the deceased Member has no immediate
family member,
and
who has been nominated by the Member's administration or executor,
as the case may be, provided that:
(iii)
the nominated Member must be a person acceptable
to the Proprietor; and
(iv)
the deceased Member's administrator or executor,
as the case may be, shall be liable for and shall first settle
all outstanding moneys due to the Proprietor including any
Monthly Instalments and/or monthly subscriptions which would
have been payable by the deceased Member whether at the time
of his death or at any time in the future.
Provided
further that the Proprietor shall not be required to transmit
the membership unless the administrator, the executor, the
next of kin or the legal beneficiary of the deceased Member
has notified the Proprietor in writing of the death of the
deceased Member within three (3) months from the date thereof;
upon the default of such notification, this deceased Member's
membership shall be deemed terminated without prejudice to
the Proprietor's rights in respect of any antecedent breach
or any outstanding account. Any costs and expenses incurred
or to be incurred for effecting such transmission (including
the solicitor's costs of the Proprietor on a full indemnity
basis) shall be borne by the administrator or the executor,
as the case may be.
Resignation
of Member
20.
A Member may resign his membership by 30 days'
notice in writing addressed to the Proprietor at the Premises
but shall be liable for his full Monthly Instalments (where
applicable) and the monthly subscriptions for the period during
which he resigns and all other debts and liabilities due and
unpaid at the date of his resignation. No refund of any monies
shall be made to such Member except for any monies standing
to the credit of the refundable Security Deposit paid under
Rule 14. Upon the resignation of the Member the Member's name
shall be removed from the Register of Members and the balance
of the Monthly Instalments (where applicable) whether or not
payable then or in the future shall be immediately due and
payable from the Member on the date the Member's name is removed
from the Register of members, provided that no further monthly
or other subscription fees shall continue to be payable by
the Member to the Proprietor thereafter. Nothing in this Rule
shall prejudice the right of the Proprietor to recover any
amount due prior to the date the Member's name is removed
from the Register of Members.
Upon
the resignation of the Member, the Member shall cease to enjoy
all privileges granted by the Proprietor for the licence to
enjoy the facilities of The Legends Golf & Country Resort
as set out in paragraph 3.6 above.
Expulsion
or Suspension
21.1
Expulsion or Suspension
The
Proprietor may expel from the Club any Member or Nominee or
suspend the membership of any Member if the Member or its
Nominee has committed any breach of these Rules and the Bye-laws
or if the Member's or its Nominee's conduct is such as the
Proprietor shall, in its opinion consider to be injurious
to the character of the Club or the interests of the Members
or prejudicial to the interest of the Proprietor, provided
that during the period of suspension of a Member's membership,
the Member shall not be entitled to transfer his membership.
21.2
Forfeiture of Rights
Save
for the refund of monies paid under Rule 14, a Member who
has been expelled shall forfeit all rights and privileges
of membership and all rights against the Club and the Proprietor.
In the event that a Member is expelled, the balance of the
Monthly Instalments (where applicable) whether or not payable
then or in the future shall be immediately due and payable
from the Member to the Proprietor after the date the Member
was expelled provided always that no further monthly or other
subscription fees shall continue to be payable by the Member
to the Proprietor thereafter. A Member whose membership has
been suspended shall remain liable for all Monthly Instalments
(where applicable), subscriptions and monies payable hereunder.
Club
Facilities
22.1
Illegality
In
the event that part of the operation, management and maintenance
of the Club or the provision of part of Facilities is rendered
illegal by the operation of law or any governmental policy
or is rendered commercially unviable, the Proprietor shall
use its best endeavours to continue to operate, manage and
maintain such part of the Club or to provide such part of
Facilities which is not prohibited or commercially unviable
upon such new terms and conditions as may be determined by
the Proprietor having regard to the circumstances then existing
and it is agreed by the Member that the Proprietor shall not
in any manner be liable to the Member or Nominee or any other
person entitled or permitted to the use and enjoyment of the
Facilities for any claims for damages or compensation of whatever
nature arising therefrom.
22.2
Use of Facilities not permitted
The
use of the Facilities by Members shall continue unless:
(i)
the Member's membership is terminated or discontinued
for any reason whatsoever; or
(ii)
pursuant to Rule 5.4 or 22.1, the Proprietor decides
to vary, terminate, suspend or withdraw such Facilities or
their use; or
(iii)
the licence granted to the Member pursuant to
Rule 3.6 expires or is terminated pursuant to these Rules.
Branch
23.
The Proprietor shall at its discretion have the
right to set up any branch of the Club at any place as it
shall determine.
Management
and Administration
24.1
Powers vested in Proprietor
The
powers of management and administration of the Club shall
be vested solely in the Proprietor whose decision on any question
or matter shall be conclusive, final and binding on the Members.
The Proprietor may appoint such persons or bodies of persons
as it may deem fit to carry out any part of the functions
of the management and administration of the Club, subject
to such terms and conditions as the Proprietor may impose.
The Members will not in any manner be involved in the management
of the Club. Further, the Proprietor shall have the full discretion
to deal with or dispose of the Assets of the Club or any part
thereof and to pledge the same for any purpose which includes,
but is not limited to, borrowing money for any business ventures
or investments, whether related to the Club or not, as the
Proprietor may determine from time to time provided that the
Proprietor shall not create any security interests over the
Club's assets except in relation to any indebtedness incurred
in respect of the operations, renovations, upgrading and other
matter in connection with, or resulting from the Proprietor's
ownership and operation of the Club.
24.2
Proprietor's Discretion
Where
there is any provision in these Rules or the Bye-laws conferring
on the Proprietor any right or discretion, the same shall
be exercised by the Proprietor at its discretion and upon
such terms and conditions as the Proprietor considers fit.
Bye-laws
25.
The Proprietor may from time to time make, vary
and revoke any Bye-laws for the regulation of the internal
affairs of the Club and the conduct of the Members and its
Nominees. All such Bye-laws shall, until revoked or varied
by the Proprietor, be binding on the Members and its Nominees.
In the event of any inconsistency between the Bye-laws and
these Rules, these Rules shall prevail.
Notices
26.1
Notice Board
All
notices required by these Rules and the Bye-laws to be given
to the Members of the Club are deemed to have been given by
posting such notices on the notice board in the Club premises.
26.2
Residential Address
Every
Member must furnish the Proprietor with their and their Nominee's
residential address and correspondence address in the event
of any change.
Dispute
Settlement
27.
Any dispute or difference which may arise as to
the meaning or interpretation of these Rules and the Bye-laws
or as to the powers of the officers or the Proprietor, or
the validity of any proceedings of the Proprietor and/or the
Club shall be determined by the Proprietor, whose decision
shall be final and binding upon all the Members of the Club.
Amendment
of Rules
28.
These Rules and any of them may from time to time
be revoked, altered or added to by the Proprietor provided
that at least seven (7) calendar days' prior written notice
thereof shall have been given to the Members.
Exemption
from Liability
29.1
The Proprietor and any person appointed or employed
by the Proprietor shall not in any manner be liable:
(i)
for any claims, demands or damages howsoever suffered
by a Member or its Nominees, any of their guests, invitees,
spouse or children or any other person at the Premises as
a result of any loss or damage to any property or article
whatsoever, or howsoever brought upon or left at the Premises
by such a person; and/or
(ii)
for any injury, loss of life, or other loss whatsoever,
or howsoever caused to a Member, any of their guests, invitees,
spouse or children, or any other person at the Premises or
vis-a-vis the use and enjoyment of the Facilities to the fullest
extent permissible by law.
29.2
The Member shall keep the Proprietor, other licensees
and all those authorised or permitted by the Proprietor to
use and enjoy the Facilities indemnified against all damages
and loss suffered and injury caused to the Proprietor, other
licensees or such other persons as aforesaid or their property
arising from the default, negligence and/or unauthorised use
of the Facilities by the Member and/or its Nominee, their
guests, invitees, spouse or children or in consequence of
the breach or non-observance of any of the provisions of the
Bye-laws by the Member and/or its Nominees, their guests,
invitees, spouse or children.
Relationship
between Members
30.
Nothing in these Rules and the Bye-laws shall
constitute or result in any relationship between the Members
inter se. Each Member shall only have a contractual relationship
with the Proprietor. There shall be no meeting held amongst
the Members in respect of the Club or the management of the
Club.
Spouse
and Children
31.1
Privilege
The
privilege to use and enjoy the Facilities shall at the discretion
of the Proprietor be extended to the Member's or its Nominee's
spouse and children, provided always that the Member shall
remain liable for all the obligations of the Member or its
Nominee under these Rules and the Bye-laws and shall bear
and be wholly responsible for all charges incurred and any
breach of these Rules and the Bye-laws by:
(i)
the Member's spouse and/or children; and
(ii)
the Nominee or the Nominee's spouse and/or children,
as
the case may be, without prejudice to any remedies that the
Proprietor may have against the Member's spouse and children,
the Nominee and the Nominee's spouse and children.
31.2
Breach of Rules
For
the purpose of these Rules, any breach by the spouse, children,
guests and invitees of the Member or its Nominee shall be
deemed to be a breach by the Member and the Member shall indemnify
and keep the Proprietor indemnified against any demand, claim
or action in relation to or arising out of such breach and
for any loss or damage (including legal costs on a full indemnity
basis) that the Proprietor may suffer or sustain.
Interpretation
32.1
Interpretation of Words
Words
importing the singular include the plural and vice versa;
words importing a gender include every gender. References
to persons shall, where applicable, include references to
corporations.
32.2
Headings
The
headings to these Rules are for convenience only and have
no legal effect.
Waiver
33.
No failure by any Member to comply with these
Rules or the Bye-laws shall be deemed to have been waived,
excused, or accepted by the Proprietor unless the same is
expressly waived, excused, or accepted by the Proprietor in
writing. Any waiver shall be effective only in the instance
and for the purpose for which it is given.
The
privileges and use of the facilities herein stated are subject
to the Club's Rules & Regulations as amended from time
to time, at the absolute discretion of the Management. |
