CLOVERBANK COUNTRY CLUB MEMBERSHIP RULES & REGULATIONS ARTICLE I NAME AND PURPOSE The name of the club is Cloverbank Country Club (the “Club”). The Club is a non-equity club owned and operated by South Western Rogers LLC (the “Owner”), who is responsible for the financial requirements of the Club. The Club is run in a financially prudent and responsible manner, while seeking to maintain and enhance the unique nature of the property for the enjoyment of all.
ARTICLE II OWNER AND CONTROL 2.1. CONTROL The Owner has established rules and regulations (“Rules & Regulations”) governing the use of the Club facilities, and every member is subject to these, and shall abide by them. The Club reserves the right to amend or modify these rules when necessary and will notify the membership of changes. Violation of any of these rules or conduct that is in any manner prejudicial to the best interests of the Club, may result in disciplinary action, such as a suspension of benefits or membership termination. 2.2. OWNERSHIP RIGHTS The Club is not an equity club. No member shall be a partner of the Owner or have any ownership or equity interest in the Club or any of the assets of the Club or the Owner. Membership grants solely the privileges to use and enjoy the facilities and amenities offered at the Club in accordance with these Rules & Regulations. Members are not liable for the debts or other obligations of the Club or the Owner, past, present, or future. Acceptance of a membership in the Club constitutes acceptance and agreement by the member and such member’s spouse, children, and guests to abide by the Rules & Regulations.
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ARTICLE III MEMBERSHIP
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3.1. MEMBERSHIP QUALIFICATIONS Each applicant for membership shall (a) be at least eighteen (18) years of age, (b) have completed, in all respects, an application for membership, (c) be of good reputation, high moral standing, credit worthy, and (d) be interested in the enhancement of the Club experience for all members as determined and approved by the Club. 3.2. APPLICATION FOR MEMBERSHIP 3.2.1. All candidates must complete an application for membership and pay the appropriate fee as established by the Owner. Such fee shall be refunded to the candidate if the application for membership is not approved. At any time during the admission process, the Club or the Owner may accept or reject any invitee or application for membership in its sole discretion, and such decision shall be final. 3.2.2. Applications will be evaluated on the basis of the following criteria: Interest of the applicant in the use of the Club facilities; Financial qualification of the invitee or applicant; Compatibility of an applicant with Club members and the purposes of the Club; Demonstrated desire to enhance the Club experience for all members. 3.2.3. Applications will be evaluated on the above criteria without regard to age (if at least 18 years old), race, national origin, gender, sexual orientation, veteran status, disability, or religion. 3.2.4 The privileges of membership extend to the individual member, the member’s spouse or significant other, if living in the same household as the member, and qualified dependents, as listed on the completed paperwork. The Club defines qualified dependents as unmarried children, under twenty-three (23) years of age, that reside with the primary candidate or at school as a full-time student. Members may be required to provide documentation that includes, but is not limited to: a Marriage Certificate, Birth Certificate, Divorce Decree and/or Proof of Residency. 3.2.5. Cloverbank Country Club provides a wide variety of activities, facilities and events for members, their families, and their guests. Acceptance for membership in the Club does not allow the member to commercialize privileges by providing non-member access, usage, and the like to any part of the Club whether as a hobby or business.
ARTICLE III MEMBERSHIP
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3.3. MEMBER PROFILE INFORMATION 3.3.1. Contact Info: Each member is responsible for contacting the office to update the mailing address and email on file, as well as any changes thereto, to which the member wishes all notices and invoices of the Club to be delivered. A member shall be deemed to have received mailings from the Club within ten (10) days after they have been mailed to the address on file with the club. 3.3.2. Image(s): Members shall provide the Club with a current photo to use for identification and training purposes only. Images are assigned to the appropriate member account to help familiarize the staff with each new member and prevent billing errors that may occur with similar names and/or account numbers. 3.4. MEMBERSHIP CLASSIFICATIONS 3.4.1. The membership shall consist of the following classifications or categories, each of which shall enjoy the privileges of the Club under the terms and conditions contained in these Rules & Regulations. Membership categories are created by the Club and agreed upon by the ownership. When a particular category is full, a new member, with written approval from the Club’s General Manager, may be placed on the designated waitlist. 3.4.2. Full, Executive & Associate Memberships: Include unlimited Golf with NO greens fee, and access to all the Club’s amenities. 3.4.3. Pool Membership: Includes Pool privileges with access to the Pool Locker Room, pavilion and restaurant. Pool members may play the Golf Course up to 6 times/year. Guest Fees apply. 3.4.4. Upgrading / Downgrading of Memberships: Membership classification must be maintained for a minimum of one (1) calendar year. 3.4.5. Changes in Membership Classes: At its sole discretion, the Owner has the right at any time to establish, modify, close, or discontinue any class of membership, as it may determine to be in the best interest of the Club. Furthermore, the Owner has the right to set or change initiation fees, upgrade fees, dues, incentives, privileges, rules, regulations, and restrictions applicable to each class of membership, and determine the terms of admission, privileges, and facilities to be extended.
3.4.6. Legal Separation or Divorce: In the event a Club membership of any class or
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category is held by a married couple who subsequently are legally separated or divorced, all privileges, benefits, and obligations of the membership shall be awarded to one (1) spouse as set forth in the written separation agreement or divorce decree. No membership is divisible. In the absence of a written separation agreement, divorce decree, or other written agreement between the couple, the membership shall continue in the name of the first person set forth on the membership application. The remaining spouse may apply for membership in the same manner as any new applicant for membership and is subject to meeting the requirements set forth in Article III, Sections 1 and 2 of the Rules and Regulations. During the pending of divorce or separation, liability for all obligations under the membership will remain unchanged. If the Owner, in its sole discretion, during the pendency of the divorce or separation determines that prospects of payment are impaired or that the temporary arrangement is not satisfactory to the Owner, then the Club may suspend charging privileges until it is resolved. 3.4.7 Surviving Spouses: Upon the death of a member, the surviving spouse may continue the membership so long as the account is in good standing. Once written notification is received, the Club will update the membership account, adjust the dues (when applicable) and reduce the minimum spend requirement
ARTICLE IV MEMBERSHIP FEES 4.1. DUES AND CHARGES 4.1.1 Each member shall pay monthly dues in advance. All dues and charges are payable to the Club and shall be submitted to the Accounting office located in the Clubhouse. 4.1.2. The obligation to pay dues is not dependent on the availability of the Club’s facilities or the frequency of use. Tournaments, repair, maintenance, or improvement of facilities, and/or other occurrences may make it necessary for the Club to change the hours of operation, restrict the use of, eliminate or close facilities or close the Club temporarily. The Club does not reduce or suspend membership dues when facilities, in whole or in part, are not available. 4.1.3. Each member is assigned a unique account number, which is used for identification and billing purposes. Employees shall request a photo ID and member number for any person using the Club facilities. Under no circumstances should an account number be used by anyone other than the member(s) for which it was assigned.
4.1.4. In the event that a member account is compromised, the member must notify the
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Club immediately to avoid a disruption in services and/or fraudulent charges to the account. 4.1.5. Members must sign for purchases using their assigned membership number and normal signature. 4.1.6. Service charges, as set by the Club, are automatically added to all food and beverage purchases should member not sign their receipt. 4.1.7. Each member is financially responsible to pay for all charges or other indebtedness incurred by the member’s spouse, children, and guests. 4.1.8. Members will be billed monthly for all charges incurred. The Club account of each member is due and payable upon receipt of the monthly statement. Accounts unpaid thirty (30) days after billing are delinquent and will accrue a service charge one-and one-half percent (1.5%) per month from the date of the statement until paid in full. A 3% Fee will be incurred for monthly bills paid by credit card. 4.2. ANNUAL MEMBERSHIP RENEWALS 4.2.1. The Club does not require members to confirm the continuation of membership on an annual basis. Membership is automatically renewed on the anniversary of membership. Pool membership category is automatically renewed on April 1st of every year. 4.2.2. Cancellation of membership requires a sixty (60) day formal notification to the General Manager. Monthly dues and charges within this sixty (60) day notice period are still required to be paid in Full. All outstanding balances must be paid before final resignation
ARTICLE V CONDUCT AT THE CLUB 5.1. GENERAL RULES OF CONDUCT The cooperation of all members and guests is necessary to maintain high standards of service and conduct while at the Club. No one should not interfere with any other person’s proper use and enjoyment of the facilities owned and operated by the Owner.
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5.1.1 Members are responsible for their own acts, omissions, and the prompt payment of all charges and costs incurred by the member, their families, or their guests and any other designated users of the member’s membership privileges or other representatives.
5.1.2. Behavior: The Club prohibits the use of profanity and abusive behavior of any kind, verbal or otherwise. Failure to comply, may result in a temporary suspension of benefits or a termination of membership. 5.1.3. Smoking: The Club prohibits indoor smoking and the use of tobacco products of any kind while inside the facilities. Smoking is only permitted in the designated smoking areas, which are subject to change from time to time for special events. 5.1.4. Attire: In general, collared shirts, blouses, slacks, skirts and dresses are considered appropriate Club attire. Sweat pants, undershirts, cargo shorts, muscle shirts, and tube tops are not permitted. Bathing suits, cover ups, flip flops, and other similar items are restricted to the Pool areas only. Additional details are available in the Member Handbook and/or on the website. 5.1.5. Animals: Dogs and other animals are not permitted on Club property. The only exceptions to this are registered service animals, and dogs that have been designated to help disperse the geese. If a member requires the assistance of a service animal, the animal and the requirements related to the animal must be registered with the Club prior to bringing the animal on the premises. Service animals, in accordance with Title II and Title III of the Americans with Disabilities Act (ADA) are specifically trained to perform a task for the person with a disability. While Emotional Support Animals or Comfort Animals are often used as therapy or as part of a treatment plan, they are NOT considered Service Animals by the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals either. 5.1.6. Solicitation: To protect the privacy of the members, the Club prohibits the circulation of any subscription lists, petitions, requests for charitable contributions, and access by news media representatives, in their official capacity, unless approved, in advance, by the General Manager. The posting and/or removing of flyers, notices, or information of any kind, without approval, is strictly prohibited.
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5.2. CHILDREN 5.2.1. Members are required to accompany children twelve (12) years of age and under. Parents must be seated with the children when dining and provide the appropriate supervision at all times. Children shall not play on the golf course unless it is part of a supervised lesson or junior program. 5.2.2. Children shall conduct themselves in an orderly fashion and use the facilities in the manner for which they were intended. To ensure the safety of everyone, children are not permitted to run on the golf course, practice areas, inside the clubhouse, at the pool or in any of the dining facilities. 5.2.3. In accordance with New York state law, the Club prohibits anyone under twenty-one (21) years of age to sit at a bar that serves alcohol. 5.3. CLUB EMPLOYEES 5.3.1. Members may not request personal services from a Club employee while on duty.
5.3.2. Members and guests shall not interfere with the management of the Club. Employees of the Club are under the supervision of the General Manager and the Owner. A member or guest may not reprimand or attempt to discipline a member, guest, or Club employee. All comments, suggestions, or recommendations relating to the facilities, service, or employees should be reported in writing to the General Manager. 5.4. UNBECOMING BEHAVIOR 5.4.1. The Owner reserves the right to have any member or guest removed from the Club’s premises, to suspend or terminate memberships for conduct unbecoming of a member, interference with the proper use or enjoyment of the facilities by others, disruptive behavior, loud, boisterous, or profane conduct, intoxication, physical altercations, or illegal activity.
ARTICLE VI GUEST POLICY AND PRIVILEGES
6.1. GUESTS AT THE CLUB
Members in good standing, may invite guests to the Club, if they are registered in advance and are accompanied by the sponsoring member at all times. Any exceptions and/or special requests must be approved in advance by the General Manager. Management has the discretion to invite guests and/or prospective members to the Club.
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6.1.1. Guests of members shall be extended privileges subject to the applicable guest fees, charges and the rules and regulations established by the Club. The sponsoring member(s) shall be responsible for the guest(s)’ conduct while at the Club. 6.1.2. Guest privileges may be restricted throughout the year when it is in the best interests of the Club to do so, as determined by the General Manager. Members will be notified of such limitations. 6.1.3. The same guest may only use the Club’s facilities a total of SIX (6) times per year, regardless of whether they are sponsored by different members. This applies to family members as well. The Club reserves the right to request a photo ID for any member guest on Club property. 6.1.4. Guest privileges may be denied, withdrawn, or revoked at any time for reasons considered sufficient by the General Manager. 6.1.5. Members shall not entertain such a number of guests at any one time which would interfere with the use and enjoyment of any recreational facilities by other members. The Club reserves the right in its sole discretion to limit the number of guests entertained at any one time by any Member. 6.1.6. Cloverbank Country Club is a private club, offering a wide variety of amenities exclusively to members. The Club does not allow members to commercialize their club privileges by providing non-members access, usage, preferred rates, and the like to the Club, whether as a hobby or business.
ARTICLE VII USE OF THE CLUB AMENITIES
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7.1. FACILITIES AND AMENITIES 7.1.1. The Club’s amenities are reserved for members only, and privileges are dependent on the membership classification. 7.1.2. The Owner retains the discretion to deny the use of the Club for purposes which it deems in its sole discretion to be inappropriate or not in the best interest of the Club. 7.1.3. Subject to applicable restrictions established by law on use, the Owner reserves the right, in its sole and absolute discretion, to terminate memberships in the Club; to discontinue or modify operation of any or all of the Club facilities; to sell or otherwise dispose of the Club facilities; and to make any other changes in the terms and conditions of membership or the Club facilities available for use by members. 7.1.4. The Club’s hours of operation will fluctuate based on a variety of reasons, which include, but are not limited to, the time of year, changes in the weather, staffing or special events. The Club agrees to notify the membership of such changes
ARTICLE VIII GOLF
8.1. GOLF AND GOLF COURSE POLICIES
8.1.1. The Club restricts the use of the golf course for any activity other than playing golf. This includes, but is not limited to, use of the cart paths for exercise such as walking, jogging, bicycling, skating, rollerblading, or dog walking, even if the course is closed. 8.1.2. The USGA Rules of Golf will govern play except when modified by local rules. A copy will be in the Golf Shop and/or posted with the Starter. The Club publishes golf rules and regulations in relation to specific play and/or tee time reservations. 8.1.3. Play may not originate on any hole after the course is closed for the day. Practice is to be confined to the designated areas. At no time are the golf course tees, greens, fairways, or bunkers to be used as practice areas. Removing practice balls from the designated areas is prohibited, and may result in disciplinary action. 8.1.4. Junior golfers (“Juniors”) are defined as members’ unmarried, dependent children, under twenty-three (23) years of age, who are residing with the member and/or attending college.
No one under sixteen years of age are permitted in the locker rooms unless accompanied
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by an adult. Specific information on junior restrictions are included in the member handbook. 8.1.5. Member Events are open to all golf members in good standing with the Club. Some events will be age or gender specific. Juniors are eligible to play in junior events, and and specific events that provisions have made for during the event registration process. Guests participating in the Club’s Member-Guest events must be at least eighteen (18) years of age. 8.1.6. Golf Course Attire: It is expected that members will dress in customary golf attire befitting the surroundings and atmosphere of the Club. Members are responsible for their guests’ proper attire. Detailed information on acceptable golf attire is included in the member handbook and posted on the member website as well as the Golf Shop. 8.1.7. Golf Carts are permitted on the cart path and designated areas only. Carts must be returned to the member bag drop and/or the designated cart staging area and may not be taken off property at any time. If the Club determines that any golf cart user has created an unsafe condition, has failed to yield to golf play or has interfered with golf play while utilizing a cart, it may take whatever disciplinary action it deems appropriate including the suspension or termination of privileges.
ARTICLE VIX SWIMMING POOL 9.1. THE SWIMMING POOL FACILITY The Director of Operations oversees the pool. Restrictions mandated by the Director or the lifeguard in charge must be strictly observed to ensure the safety of all members and guests. 9.1.1. All members and guests are required to check in at the registration desk upon entering the facility, and all swimmers are required to wear bathing attire in the pool. 9.1.2. No one is permitted inside the pool area unless a lifeguard is on duty. The decisions of the lifeguards, who are under the jurisdiction of the Pool Director, are final in all matters pertaining to the safety of the bathers. 9.1.3. Children five (5) years of age and under may use the wading pool or the main pool if accompanied by a parent or responsible adult. Children who are not fully potty trained must wear swim diapers at all times. In the event of a fecal contamination, the member will be assessed $500 for the closing of the pool. 9.1.4. Children five (5) years of age and older are not allowed in the locker room of the opposite sex. 9.1.5. Personal Caretakers, Nannies, and Babysitters (CNB’s) are individuals that are employed by a current member and are at the Club solely to care for and/or supervise those children. Members are required to register each CNB by name and pay the associated fee, and there is no restriction on the number of times a CNB may accompany the children to the pool. 9.1.6. Members should be sure that CNBs are aware of, and comply with the Club’s rules, which include but are not limited to the following: CNBs are expected to dress in a neat and appropriate manner; CNBs are not permitted to bring guests or children belonging to another member; and may not use the Club’s facilities when they are not directly supervising their charges. 9.1.7. Members are required to register guests upon arrival, pay the applicable fees before entering the facility, and are subject to the Club’s guest policy as stated in these Rules and Regulations. If the pool is overcrowded, the Director reserves the right to limit the number of guests permitted in the facility.
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9.1.8. Running, disrobing, and roughhousing of any kind is not permitted. All accidents, no matter how minor, must be reported to the Lifeguard in charge and the Director. 9.1.9. Glass containers of any kind are not permitted in the pool area. Drinks are permitted on the deck only but not inside the pool. No food is permitted in the pool area.
ARTICLE X MEMBER DINING 10.1 FOOD AND BEVERAGE All food and beverages consumed on Club property must be furnished by the Club and may be consumed only in areas designated by the Club. 10.1.1. Alcoholic beverages will be served or sold only to persons permitted to purchase the same under the laws of the State of New York, and no one under age twenty-one (21) shall be permitted to sit at a bar where alcohol is served. 10.1.2. All alcoholic beverages consumed or otherwise possessed on the premises of the Club must be sold and purchased at the Club. 10.1.3 The Club reserves the right to refuse the service of alcoholic beverages to any individual who, in the opinion of the management staff, is not conducting him or herself in a responsible manner. 10.2. MINIMUM SPEND 10.2.1. All members are required to spend a minimum of $1,200.00 per year on Food & Beverage, including alcohol purchases. 10.2.2. Based on the category of membership, this includes Food & Beverage charges that are made at the restaurant, the Beverage Cart, the Pool & Member Events from January 1st through December 31st of each year.
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11.1. MEMBER EVENTS
ARTICLE XI EVENTS AT THE CLUB
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11.1.1. The Club provides a variety of social, cultural, and recreational events in which all members are encouraged to participate. Information shall be distributed in the Club newsletter and be available on the website and/or in the membership office. 11.2 PRIVATE PARTIES 11.2.1. With the approval of the General Manager, members may reserve certain facilities, such as the Clubhouse, Pavilion, for a private function, provided such use does not interfere with the normal operation of the Club or the services regularly available to the members. 11.2.2. The member assumes full responsibility for the conduct of their guests in accordance with the Rules and Regulations set forth in this document. 11.2.3. Members and guests are not permitted to bring food into the Club from any source outside the Club, unless with prior permission by the General Manager. 11.2.4. All decorations, public signage, and entertainment must have the approval of the General Manager. The member sponsoring a private party is responsible for the installation and removal of party decorations, any damage caused therein, for assuring the facility is vacated in the way it was obtained, and all fees are paid in full.
ARTICLE XII DISCIPLINARY ACTION 12.1. GROUNDS FOR DISCIPLINARY ACTION The Owner shall have the power to reprimand, suspend, expel or otherwise discipline any member for committing any violation of these Rules & Regulations, for nonpayment of dues or other charges, for conduct unbecoming as a member, for any offense against the best interests of the Club, for acts degrading to the Club, its facilities, operations, employees, or ownership, for interfering with the proper use or enjoyment of the facilities by others, for any illegal activity or for any other cause that the Owner deems to be in the best interest of the Club membership. 12.2. DETERMINATION Whether an individual’s actions constitute “conduct unbecoming a member,” or any of the other prohibitions referenced immediately above, shall be determined by the ownership and General Manager, in their sole and absolute discretion, and such decision shall be final.
ARTICLE XIII DELINQUENCY 13.1. DELINQUENT ACCOUNTS 13.1.1.Members are required to keep a valid credit card on file at the Club. If an account is delinquent sixty (60) days, the Club will charge the member’s credit card for the amount due. If the credit card is denied, the account status will change to inactive, and the member will no longer have access to the Club facilities until the balance is paid in full. The member shall continue to be charged monthly membership dues, late fees, and the fees for any certified mailing(s) during the suspension period. 13.1.2.An account that is delinquent for ninety (90) days, shall be subject to collection, as determined by the General Manager. The failure of any member to pay dues and/or any other charges may constitute grounds for expulsion from the Club. 13.1.3. If the account is not paid within one hundred twenty (120) days from the billing date, the membership will be terminated unless a payment schedule was approved in advance of the cancellation date. Such action may be taken without further notice to the member. 13.1.4. A membership that is terminated for nonpayment may not be reinstated. An application for new membership, along with the appropriate fees, may be submitted to the General Manager for approval. with the initiation fee may be submitted to request new membership. Approval will be at the sole discretion of Owner and is subject to payment of any unpaid charges. If approved, the Club may require a deposit and automatic payment for the new account. 13.2. INABILITY TO PAY The member agrees to immediately notify the Club in writing of any insolvency of the member. The member hereby agrees that any failure to so notify the Club and the continued use of the membership shall constitute a fraud on the Club. Upon the insolvency of any party to the membership contract, the Club, at its discretion, may terminate Club privileges to all parties granted by such contract.
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ARTICLE XIV GRIEVANCES 14.1. GRIEVANCE PROCESS 15.1.1. Complaints concerning the conduct of any member and/or any member’s fitness or suitability for membership shall be submitted in writing to the General Manager, who shall determine if the matter is to be referred to the Grievance Committee. 14.1.2. If the General Manager has not referred a complaint to the Grievance Committee within thirty (30) days following receipt thereof, it means that it was determined that the charge in such complaint lacks sufficient substantiality to proceed thereon or that the General Manager, on behalf of the Owner, has taken the appropriate disciplinary action as permitted in the Rules & Regulations. Both parties will be notified in writing of the outcome. 14.1.3. The General Manager may any time initiate a complaint in writing to the Grievance Committee for purposes of a hearing and a determination thereon. 14.1.4. Written notice of a hearing on any such complaint or charge shall be sent by the Grievance Committee to the last known address of the member by ordinary United States mail, provided that the date of such hearing may not be fewer than twenty (20) days from the date of mailing of such notice. Such notice shall specify the acts complained of, the date, time, and place of hearing, and, upon request, the member in question shall be provided a copy of these Rules and Regulations. Written notice of the hearing date, time, and place shall be given in like manner to all members of the Grievance Committee. 14.1.5. The Grievance Committee’s function shall be to determine the facts concerning the complaint based upon the evidence presented at the hearing. All such hearings shall be closed, except to the member charged and any witnesses. Formal rules of evidence will not apply to any such hearing, provided that the Member in question shall have the opportunity to cross-examine all witnesses against him/her, to produce witnesses on his/her own behalf, to explain any evidence against him/her, and to submit at such hearing any written or oral argument. 14.1.6. Within ten (10) days following the hearing, the Grievance Committee shall issue a finding of facts and recommendations to the General Manager, the Owner, and mail a copy thereof to the member in question.
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14.1.7. The Owner shall, within thirty (30) days, review the Grievance Committee’s findings and recommendations, issue a final decision, and notify both parties. The decision of the Owner as to sufficiency of the cause for removal, suspension or other disciplinary action shall be final and a copy of such decision shall be mailed to the member
ARTICLE XV MEMBERSHIP SUSPENSION, TERMINATION AND EXPULSION 15.1. SUSPENSION When a member is suspended from the Club, the Member and any other person who would also be allowed the privileges of such membership, shall be temporarily barred from admittance to the Club and its facilities during the suspension period, both under the Member’s own membership and as a guest of another member. The Club shall notify the member in writing that the membership has been suspended. 15.2. TERMINATION AND EXPULSION When a member is expelled from the Club, the member, and any other person who would also be allowed the privileges of such membership, shall be permanently barred from admittance to the Club and its facilities, including as a guest of another member. The Club shall notify the member in writing, that the membership has been terminated. Notice by any means, directed to the Member’s last known address, shall be sufficient. Expulsion does not entitle the Member to a hearing. Such notice of expulsion may be included in or with the statement of account of the Member.
ARTICLE XVI PROPERTY LOSS AND DAMAGE 16.1. PERSONAL PROPERTY LOSS Each member, as a condition of membership, and each guest as a condition of invitation to the Club, assumes sole responsibility for his or her personal property while on the premises. In consideration of the privileges granted hereby, the member agrees that neither the Club nor the Owner is responsible or liable for the loss through fire or theft, or for the damage to any personal property used, left, or stored at the Club. This includes but is not limited to automobiles and the contents thereof, as well as items in bag storage and lockers. 16.2. PROPERTY DAMAGE Every member of the Club shall be solely liable for any property damage at the Club, at any activity or function that is operated, organized, arranged, or sponsored by the Club, or that is caused by the member, a guest of the member or a family member. Any costs associated with damages to property or furniture belonging to the Club, will be charged to the member’s account.
ARTICLE XVII PERSONAL INJURY, LIABILITY AND LEGAL ACTIONS
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17.1. PERSONAL INJURY 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. 17.2. INDEMNIFICATION The member agrees that as consideration for the provision of the Club privileges and amenities to the member and the member’s spouse, children, designees, or guests, that the Owner and its directors, agents and employees shall not be subject to any claim, cause of action, demand, injury, or damage whatsoever, including, without any limitation, those claims or damages resulting from acts or omissions of active or passive negligence on the part of the Owner, its directors, agents, or employees. The member, for himself or herself and on behalf of his other executors, administrators, heirs, assigns, and successors, does hereby expressly forever release and discharge the Owner, its directors, agents, and employees, assigns and successors from all such claims, demands, injuries, damages, actions, or causes of action whether arising now or in the future. The member shall have, owe, and perform the same obligation to the Club and its employees, representatives, and agents here under in respect to any such loss, cost, claim, injury, or liability sustained or incurred by any Guest of the member. 17.3. LEGAL ACTION If the Club commences any legal action to collect any amount, owed by any member, or to enforce any other liability of any member to the Club, and if judgement is obtained by the Club, the member may also be liable for all the costs and expenses of the legal action and reasonable attorney’s fees incurred by the Club (including fees required in connection with appellate proceedings).
5324 Rogers Rd, Hamburg, NY 14075 716.648.2700 clubinfo@cloverbankcc.com