Membership policies, rules & regulations
contents
contents
membership policies ARTICLE 1
1.1 1.2 1.3
ARTICLE 2
2.1 2.2 2.3 ARTICLE 3
INTRODUCTION Membership Opportunities Club Facilities Ownership and Operation
4 4 4
TYPES OF MEMBERSHIP AND USE PRIVILEGES Classes of Membership Categories of Membership Exercise of Privileges; Authorized Users and Guests
5 7 8
FINANCIAL OBLIGATIONS OF MEMBERS
3.1 Membership Fees 3.2 Delinquencies ARTICLE 4 TRANSFER, CONVERSION, AND TERMINATION OF MEMBERSHIPS
9 10
4.1 4.2 4.3 ARTICLE 5
10 11 12
Transfer of Memberships Termination of Memberships Repurchase and Reissuance of Memberships GOOD STANDING; DISCIPLINE
5.1 Good Standing 5.2 Discipline ARTICLE 6 MANAGEMENT, OPERATION AND TRANSFER OF CLUB FACILITIES
12 13
6.1 6.2 6.3 ARTICLE 7
15 16 16
Club Management Non-Member Use Transfer of Club Facilities GENERAL PROVISIONS
7.1 Notices 7.2 Amendment 7.3 Assumption of Risk 7.4 No Ownership Interest 7.5 Representations
17 18 18 18 19
Membership Policies, Rules & Regulations | 1
rules & regulations INTRODUCTION ARTICLE 1
1.1 1.2 1.3 1.4 1.5
ARTICLE 2
20 GENERAL RULES Purpose of Club Rules Control of Club Facilities Violation of Club Rules Enforcement of Club Rules Access Control
20 20 20 20 20
MEMBERSHIP DUES AND ACCOUNTS
2.1 Dues 2.2 Accounts 2.3 Use of Cash ARTICLE 3 HOUSE AND GUEST LODGE RULES AND REGULATIONS
21 21 21
21 21 21 22 22 22 22 22 23 23 23 23 23 24 24 24 24 24 25 25 25 25 25
3.1 Hours of Operation 3.2 Monday Closings 3.3 Attire 3.4 Alcoholic Beverages 3.5 Controlled Substances 3.6 Staff and Employee Discipline 3.7 Solicitations and Advertising 3.8 Political and Religions Activity 3.9 Pets 3.10 Gratuities 3.11 Member Sponsored Functions 3.12 Corporate Sponsored Functions 3.13 Damage to or Removal of Club Property 3.14 Children 3.15 Guests 3.16 Mailing Addresses and Mailing List 3.17 Personal Property 3.18 Liability for Use of Club Facilities; Assumption of Risk 3.19 Parking 3.20 Smoking 3.21 Fireworks 3.22 Weapons 3.23 Support of Charitable and Community Organizations
2 | Lake Nona Golf & Country Club
ARTICLE 4
GOLF RULES AND REGULATIONS
4.1 Control of Play 4.2 Starting Times 4.3 Rules of Play 4.4 Attire 4.5 Golf Carts 4.6 Playing Through 4.7 Slow Play 4.8 Making the Turn 4.9 Clearing Shots 4.10 Replacing Divots 4.11 Repairing Ball Marks 4.12 Clearing Green 4.13 Scores 4.14 Handicaps 4.15 Practice and Golf Instruction
ARTICLE 5
25 26 26 26 26 27 27 27 27 27 27 28 28 28 28
TENNIS RULES AND REGULATIONS
5.1 Control of Play 5.2 Reservations 5.3 Registration 5.4 Attire 5.5 Equipment 5.6 Tennis Court Etiquette 5.7 Food and Beverages 5.8 Down Nets ARTICLE 6 POOL RULES AND REGULATIONS
28 28 28 29 29 29 29 29
29 29 29 30 30
6.1 Control of Activity 6.2 Hours of Operation 6.3 Own Risk 6.4 Illness 6.5 Attire
ARTICLE 7
MARINA AND BOAT DOCK REGULATIONS
7.1 Control 7.2 Hours of Operation 7.3 Fueling 7.4 Members’ Boats
30 30 30 30
Membership Policies, Rules & Regulations | 3
membership policies ARTICLE 1
INTRODUCTION
Membership Opportunities
1.1
Membership in Lake Nona Golf & Country Club (“Club”) provides the opportunity to enjoy a variety of recreational and social facilities in a comfortable atmosphere as well as opportunities to participate in various social events and activities. The terms and conditions of membership are described in these Membership Policies for Lake Nona Golf & Country Club, as they may be amended (“Membership Policies”), the Rules of Lake Nona Golf & Country Club, as they may be amended (“Club Rules”).
1.2
Club Facilities The Club Facilities currently include the following “Golf Facilities”: •
An 18-hole championship golf course designed by Tom Fazio; and
•
Golf practice facilities to include a state-of-the-art golf performance center
In addition, the Club Facilities currently include the following “Social and Sports Facilities”: •
An approximate 40,000 square foot clubhouse with a golf pro shop, formal dining rooms and lounge, reception and executive offices, grill room, with men’s and ladies’ locker rooms, men’s grill room, and other common facilities;
•
The “Lodge” with 18 guest rooms;
•
The “Bath & Racquet Club” composed of an approximate 7,000 square foot facility featuring aerobics rooms, fitness center, men’s and ladies’ locker rooms, massage room, six tennis courts, a 25-meter swimming pool, youth activities center “Nona Crewhouse” and playground;
•
The boat launch facility located adjacent to the Bath & Racquet Club with ramp and temporary dock facilities, use and ownership of which is shared with the Estates at Lake Nona Community Association, Inc.
The Golf Facilities and Social and Sports Facilities (collectively, the “Club Facilities”) are located within or adjacent to the planned community known as the Estates at Lake Nona in Orlando, Orange County, Florida (the “Community”). Additional recreational facilities may be constructed within or in the vicinity of the Community. If additional facilities are constructed, there shall be no obligation to include them in the Club Facilities or to make them available for use by members of the Club. Unless specifically made a part of the Club Facilities by amendment of these Membership Policies, members shall have no right to use any such additional facilities without the expressed permission of the owner thereof, and then only on such terms and conditions and payment of such fees as such owner may establish in its sole discretion.
1.3
Ownership & Operation Lake Nona Golf & Country Club, LLC, a Florida limited liability company (the “Club Operator”), owns, operates, and manages the Club Facilities on a for-profit basis which Club Facilities are more commonly known as the Club. Membership represents a license to use designated Club Facilities in common with such other persons as the
4 | Lake Nona Golf & Country Club
Club Operator may authorize from time to time. The Club is not an equity club and Members, designees, Authorized Users (as defined below), and guests do not acquire any ownership, proprietary, or beneficial interest in, or right to control, the Club Operator or the Club Facilities. ARTICLE 2
TYPES OF MEMBERSHIP AND USE PRIVILEGES
Classes of Membership
2.1
There are currently five classes of membership in the Club. Within a particular class, memberships may be offered in one or more categories, based on eligibility, and one or more use classifications, as described in the following. The Club Operator may waive the eligibility requirements for any class or category of membership; establish and change the eligibility requirements, privileges, obligations and fees of any class or category of membership as they relate to new members; discontinue offering any category of membership; and create additional classes and categories of membership with such eligibility requirements, privileges, and obligations as it deems appropriate, in its sole discretion. Golf memberships are available only by invitation of the Club Operator. Currently, Golf memberships are available in six categories: Local, Non-Local (U.S.), Non-Local (N.A.), Non-Local (Overseas), Corporate, Junior, Legacy and Professional. Golf memberships are available in the Individual and Immediate Family use classifications (as defined below). Unless otherwise provided, Golf members shall be required to pay an initiation fee, the appropriate annual dues, and all charges incurred by the members or designees and their Authorized Users and guests. Golf members and their Authorized Users, as described below, are entitled to use all of the Club Facilities, including the Golf Facilities, during operating hours and on an as available basis. Golf members shall not be required to pay greens fees or any other similar golf user fee. Golf members shall be required to pay golf cart rental fees and fees for the rental of any of the Club’s sports equipment. Golf members who reside in the Community may, in lieu of paying golf cart rental fees, pay an annual trail fee for use of their private golf cart within the Club Facilities. Use of a private golf cart shall be subject to all Club Rules, including licensing, appearance, and inspection requirements and may be suspended for any or no reason by the Club Operator.
Social memberships are available only by invitation of the Club Operator. Currently, there are two categories of Social memberships, Social and Junior Social. Social memberships are only available in the Immediate Family use classification. Social members shall be required to pay an initiation fee, the appropriate annual dues, and all charges incurred by the members or designees and their Authorized Users and guests. Social members and their Authorized Users, as described below, are entitled to use all of the Club Facilities, excluding the Golf Facilities, during operating hours and on an available basis. Social members may be required to pay court fees or any other similar sport user fee. Social members may be required to pay fees for the rental of any of the Club’s sports equipment. Use of a private golf cart shall be subject to all Club Rules, including licensing, appearance, and inspection requirements and may be suspended for any or no reason by the Club Operator.
Membership Policies, Rules & Regulations | 5
Legacy memberships are available only by invitation of the Club Operator. The Club
Operator shall establish the rights and obligations of each Legacy member. A Legacy member will be either golf or social and have the same rights and privileges as those members within that category. Legacy members shall be required to pay an initiation fee, the appropriate quarterly dues, and all charges incurred by the members or designees and their Authorized users and guests. Dining memberships are available only by invitation of the Club Operator. Currently, there are no categories of Dining memberships. Dining memberships are only available in the Immediate Family use classification. Dining members shall be required to pay an initiation fee, the appropriate annual dues, and all charges incurred by the members or designees and their Authorized Users and guests. There are currently no new Dining memberships being issued by the Club Operator. Dining members and their Authorized Users, as described below, are only entitled to use the dining facilities within the clubhouse, during operating hours on an as available basis. Honorary memberships are available only by invitation of the Club Operator. Honorary memberships may be established, from time to time, by the Club Operator in its discretion. The Club Operator shall establish the rights and obligations of each Honorary member. Honorary members may not be required to pay an initiation fee, greens fees, court fees, or any other similar sport user fees, dues, or golf cart rental fees to the Club Operator. Honorary members may be required to pay fees for the rental of any of the Club’s sports equipment and all charges incurred by the member or his or her guests. Any Honorary membership issued prior to the Conversion Date (as defined below) with respect to that certain land trust agreement dated as of March 5, 1996, shall terminate upon the earlier of (i) voluntary written notice of termination given by the Honorary member to the Club Operator, (ii) death of the Honorary member, (iii) failure to remain in “good standing” in accordance with Article 5, and (iv) with the prior written consent of John B. Sunley, during his lifetime, Club Operator terminating the Honorary membership.
Bradshaw memberships shall be issued only to C.E. Bradshaw, Jr., C.E. Bradshaw, III, and Landon F. Bradshaw in accordance with the terms of that specific agreement dated February 18, 1982 by and between C.E. Bradshaw, Jr., V. Grant Stanton and Virgil D. Jones, as Trustees and Gregory Alan Marshall as Trustee, and the two subsequent addenda to such agreement dated May 29, 1987 and June 12, 1987. There are no categories of Bradshaw memberships, they are classified as Individual memberships. Bradshaw members are not required to pay an initiation fee, annual dues, or assessments to the Club Operator. Bradshaw members shall be obligated to pay to the Club Operator all charges incurred by the member and his guests. Bradshaw members shall have the same rights to use the Club Facilities as a Golf member. A Bradshaw membership is not assignable or transferable except to the member’s surviving spouse upon the death of a Bradshaw member. If there is no surviving spouse, the Bradshaw membership shall terminate upon the death of a Bradshaw member. Upon the death of the surviving spouse who is issued a Bradshaw membership, such Bradshaw membership shall terminate.
6 | Lake Nona Golf & Country Club
In the event of a divorce or a separation subject to a written separation agreement, the
spouse of the Bradshaw member shall not be entitled to any rights or privileges to use the Club Facilities following the date of such divorce or separation.
In addition to the rights as a Golf member, C.E. Bradshaw, Jr., shall have the right to invite up to a maximum of 24 parties of 4 guests per annum to play golf at the Club unaccompanied by C.E. Bradshaw, Jr. member, subject to such guests having a verifiable USGA handicap of 18 or less and subject to C.E. Bradshaw, Jr., reserving tee times for such guests in advance with the Club. Bradshaw memberships are issued in consideration of the Grant of Easement for the benefit of all owners of property within the Estates at Lake Nona in Orange County, Florida. During the existence of the Bradshaw memberships the privileges of the Bradshaw memberships shall not be changed or eliminated.
2.2
Categories of Membership There are currently six categories of Golf memberships in the Club, as follows: Local. Any Golf member may be classified as a Local Golf member. If, in the sole and absolute determination of the Club Operator, any Golf member (i) owns a primary or secondary residence within a 50-mile radius of the Club Facilities or (ii) establishes housing, temporary or otherwise, within a 50-mile radius of the Club Facilities, such Golf member shall be classified as a Local Golf member and shall not be eligible to hold any other category of Golf membership.
Non-Local (U.S.). A Golf member who does not, in the sole and absolute determination of the Club Operator, (i) own a primary or secondary residence within a 50-mile radius of the Club Facilities or (ii) establish housing, temporary or otherwise, within a 50-mile radius of the Club Facilities, but who does own a primary or secondary residence within the 48 contiguous states of the United States of America may be classified as a NonLocal (U.S.) Golf member. Non-Local (N.A.). A Golf member who does not, in the sole and absolute determination of the Club Operator, (i) own a primary or secondary residence within the 48 contiguous states of the United States of America or (ii) establish housing, temporary or otherwise, within a 50-mile radius of the Club Facilities, but who does own a primary or secondary residence elsewhere within the North American continent, Hawaii, Puerto Rico, Bermuda, the Bahamas, or any of the Caribbean nations may be classified as a Non-Local (N.A.) Golf member.
Non-Local (Overseas). A Golf member who does not, in the sole and absolute determination of the Club Operator, (i) own a primary or secondary residence within the North American continent, Hawaii, Puerto Rico, Bermuda, the Bahamas, or any of the Caribbean nations or (ii) establish housing, temporary or otherwise, within a 100mile radius of the Club Facilities, may be classified as a Non-Local (Overseas) Golf member.
Membership Policies, Rules & Regulations | 7
Corporate. Corporate Golf memberships may only be held by legal entities organized
for and actively engaged in a business other than investing in or holding title to Club memberships. Each Corporate Golf member shall be entitled to designate up to four designees or such greater number as Club Operator may authorize, in its sole and absolute discretion, and memorialize in the member’s Membership Agreement (Corporate Designees), subject to the Club Operator’s approval of the Corporate Designee in its sole and absolute discretion, who shall be entitled to exercise the rights of the Corporate Golf member to use the Club Facilities. Corporate Designees shall be entitled to have their membership classified in the Individual and Immediate Family use classification upon payment of the appropriate fees as determined by the Club Operator. Each Corporate Designee shall pay the applicable dues and all charges incurred by the Corporate Designee and his or her Authorized Users and guests to the Club Operator; provided, the legal entity to which the Corporate Golf membership is issued shall be jointly and severally liable for all dues and charges incurred by their Corporate Designees and their Authorized Users. Corporate Designees must be either directors, officers, partners, members, or employees of the Corporate Golf member. A minimum of three designees are needed to form a Corporate membership and all designees are subject to an employment verification. If a designee is removed and a new designee is added a fee will be charged by the Club Operator. Professional. A Professional Golf membership may be issued by the Club Operator in its sole and absolute discretion to current or former members of a recognized professional golf association.
2.3 Exercise of Privileges; Authorized Users and Guests Designees. If a membership is issued in joint names, the members shall jointly designate in writing to the Club Operator one member to act on their behalf in exercising the privileges of the member hereunder, subject to the right to extend the use privileges to all Authorized Users as provided below. If a membership is held by a corporation, partnership, sole proprietorship, association, or other legal entity which does not hold a Corporate Golf membership, the member shall designate in writing to the Club Operator one adult as the designee of such membership. Such designee may not be changed; however, upon the death of such designee, the designee status may be transferred to a surviving spouse in accordance with procedures set out in these Membership Policies.
Authorized Users. The persons entitled to enjoy the use privileges of a membership (“Authorized Users”) vary according to the use classification of the membership, as follows:
Individual use classification in any class or category of membership permits only the named individual member, designee (if the membership is held in joint names or by a corporation, partnership, sole proprietorship, association, or other legal entity which does not hold a Corporate Golf membership), or Corporate Designee to use the Club Facilities (in accordance with the use privileges of the applicable classification and category of membership).
8 | Lake Nona Golf & Country Club
Immediate Family use classification in any class or category of membership permits the member, designee (if the membership is held in joint names or by a corporation, partnership, sole proprietorship, association, or other legal entity which does not hold a Corporate Golf membership), or Corporate Designee and the spouse or one other adult designated by such member, designee, or Corporate Designee who resides in the household of such member, designee, or Corporate Designee, and the dependents of each under the age of 25 who reside with such member, designee, or Corporate Designee and attends school on a full-time basis to use the Club Facilities.
Guest Privileges. A member may sponsor guests to use the Club Facilities in accordance with the Club Rules and the privileges of the sponsoring member’s class and category of membership, upon payment of applicable guest fees and such other charges as the Club Operator may establish. The Club Operator reserves the right to limit the number of guests that members and their Authorized Users may sponsor and to limit the number of times a particular individual may use the Club Facilities as a guest; provided, without the prior written permission of the Club Operator, no more than seven guests (if none of the guests are staying in the Lodge) or 15 guests (if eight of the guests are staying in the Lodge) shall be permitted to use the Golf Facilities at any one time per membership. Notwithstanding the foregoing, Corporate memberships may be permitted two designees with three guests each. Except as the Club Operator may otherwise agree, the sponsoring member shall be responsible for all charges incurred but not paid by a guest. All guests must be accompanied by the sponsoring member, or an Authorized User of the sponsoring member, when using the Club Facilities, except as the Club Operator may otherwise authorize in the Club Rules. The Club Operator may choose at their discretion to restrict guest privileges during high golf course traffic. ARTICLE 3
FINANCIAL OBLIGATIONS OF MEMBERS
Membership Fees
3.1
Types of Fees. Except as provided in the member’s Membership Agreement, persons accepted for membership will pay an initiation fee to acquire a membership. Initiation fees shall be paid in accordance with the terms set forth in the member’s Membership Agreement. The initiation fee payable by Corporate Golf members will vary depending on the number of designees that the Corporate Golf member may designate under the terms of its Membership Agreement. The initiation fee shall be due and payable in full upon execution of the Membership Agreement. In addition to the initiation fee, members will pay periodic dues to the Club Operator for all class and categories of membership except as may otherwise be provided in these Membership Policies. Dues will vary based on the membership category. The Club Operator is authorized to establish a food minimum usage fee (i.e., a minimum amount periodically charged to each membership account for food and alcoholic beverage purchases, regardless of whether the member or the member’s Authorized Users actually incur such charges) to ensure a minimum level of income to support food and beverage operations. Any such minimum usage fee shall be charged in arrears and reduced by actual charges for food and non-alcoholic beverage fees charged to the member’s account during the preceding period.
Membership Policies, Rules & Regulations | 9
Except as the Club Operator may otherwise provide, membership shall be subject to payment of such other fees and charges as the Club Operator may establish, all of which may vary among members according to the class and category of membership held and the use classification selected. Fees charged to members may also differ from fees charged to non-members. In addition to such other charges as are specifically authorized in these Membership Policies, such fees and charges may include, without limitation, golf cart rental fees, private golf cart service fees, Club storage fees, locker fees, instruction fees, handicapping charges, and fees for failure to cancel reserved tee times or other reservations. The Club Operator shall publish a schedule of current fees, dues, and charges, which shall be subject to change from time to time in the Club Operator’s sole discretion. Payment. Members shall pay to the Club Operator all fees, dues, and charges in such amounts and at such times as the Club Operator may establish. Unless the Club Operator otherwise specifies, all dues shall be annual dues, payable annually in advance on or before the first day of the calendar year. Members (or their designees pursuant to Article 2) shall be primarily responsible for and shall be billed directly for any fees and personal charges which their Authorized Users and guests incur. The Club Operator may, in its discretion, require accounts to be paid through a charge account service with a bank or other financial institution. The Club Operator may permit members and Authorized Users to charge food and beverage charges, golf shop charges, guest fees, equipment rentals, and similar charges to the member’s club account. However, should any member’s account become delinquent, the Club Operator reserves the right to suspend or terminate such charge privileges. 3.2 Delinquencies In the event that any member fails to pay amounts due to the Club Operator when due, the Club Operator may impose late charges, charge interest on the amount past due until paid at a rate determined by the Club Operator (not to exceed the highest rate allowed by Florida law per annum on the past due amount), and, subject to the procedures set forth in Article 5, suspend the privileges of the delinquent member and all Authorized Users of the member’s membership or terminate the delinquent member’s membership. The Club Operator shall be entitled to collect from the delinquent member all costs and expenses reasonably incurred by the Club Operator in attempting to collect the delinquent amounts, including attorneys’ fees and court costs, regardless of whether suit is filed. ARTICLE 4
TRANSFER, CONVERSION, AND TERMINATION OF MEMBERSHIPS
Transfer of Memberships
4.1
General. Except as specifically provided in these Membership Policies or in the member’s Membership Agreement, memberships are not transferable except to and by the Club Operator and any other attempt to transfer a membership shall be void and of no effect.
10 | Lake Nona Golf & Country Club
Death. Upon the death of a member holding a Golf membership (excluding Corporate or Professional), Social membership, or Dining membership, the surviving spouse, if any, shall have 60 days within which to apply to have the deceased member’s membership transferred to him or her at no charge. If there is no surviving spouse, or upon failure of a surviving spouse to apply to have such membership transferred within such 60-day period, the deceased member’s membership shall terminate. Upon the death of the surviving spouse, the membership shall terminate. Upon the death of a Professional Golf, Honorary or Bradshaw member, the membership shall terminate. Separation or Divorce. In the event that a member holding a Golf membership (excluding Corporate or Professional), Social membership, or Dining membership is legally separated or divorced, the membership shall vest in the individual entitled to the membership pursuant to written agreement, divorce decree, or court order. The membership rights of the other spouse shall terminate. In the event that a member holding a Professional Golf, Honorary, or Bradshaw membership is legally separated or divorced, the membership shall vest in the individual named on the membership.
4.2
Termination of Memberships Voluntary Resignation. Any member may voluntarily resign his or her membership by written notice to the Club Operator at least 60 days prior to the end of any membership year. Such resignation shall be effective as of the end of the membership year in which such notice is received unless the member requests and the Club Operator approves a different effective date. Other Events of Termination. In addition to the foregoing, a member shall be deemed to have resigned his or her membership and such membership shall automatically terminate upon occurrence of any of the following events: •
upon the death of a Golf member (excluding Corporate or Professional), Social member, or Dining member who has no surviving spouse, or on the 60th day following the death of such a member who has a surviving spouse unless the surviving spouse has applied to have the membership transferred to him or her within the 60-day period following the member’s death;
•
upon the death of a Professional Golf, Honorary or Bradshaw member;
•
in the case of a Corporate Golf member, upon dissolution of such entity or upon such entity ceasing to be actively engaged in legitimate business; or
•
upon expulsion of the member pursuant to the disciplinary procedures set forth in Article 5.
Rights and Obligations upon Resignation or Termination. Members shall be responsible for all dues, fees, and other charges accrued or incurred on such member’s account through the effective date of voluntary resignation or the date of receipt by the Club Operator of notice of any other event of termination. A member shall have no right to any payment upon resignation or other termination of a membership except as provided in Article 4.3., if applicable
Membership Policies, Rules & Regulations | 11
4.3
Repurchase and Reissuance of Memberships The Club Operator shall refund the initiation fee actually paid by the former member for such membership, upon the Club Operator’s repurchase of a former member’s membership, in accordance with the following: Converted Equity Memberships. If a Golf member (excluding Corporate and Professional) purchased the membership prior to the date all equity memberships in Lake Nona Club, Inc., a Florida not-for profit corporation, were converted to non-equity membership issued by the Club Operator (the “Conversion Date”), the resigning or terminated member shall be entitled to receive, upon repurchase, the greater of (i) the refundable equity fee actually paid by the member for the converted equity membership, or (ii) 80% of the refundable portion of the initiation fee then being charged for the same class and use category of membership, less any other outstanding fees, dues, and charges due from the former member. The Club Operator shall place any resigned or terminated converted equity membership (as described above) on a waiting list for repurchase. The Club Operator shall maintain the waiting list based on the date that the Club Operator receives written notice of the resignation or other event of termination relating to each such membership. Every fourth Full Family Local Golf membership which the Club Operator issues shall be one reissued from such waiting list, if there are memberships on such waiting list for reissuance, and the Club Operator shall issue a refund to the first person on such waiting list. The Club Operator may, in its sole discretion, change the ratio by which converted equity memberships are reissued from the waiting list. The Club Operator may, in its sole discretion, refund all or part of a resigning or terminating member’s initiation fee sooner than required hereunder, without regard to the person’s position on the waiting list for refunds; however, the issuance of any such refund shall not delay the Club Operator’s obligations with respect to other persons having a higher position on such waiting list than the person receiving such refund. Other Golf Memberships. If a Golf member (excluding Corporate and Professional) purchased the membership after the Conversion Date, the resigning or terminated member shall be entitled to receive the following: (i) if the member paid the initiation fee in one installment upon acceptance as a member by the Club Operator, the member shall be entitled to receive 50% of the initiation fee actually paid to the Club Operator upon the later of (a) five years after the original date of acceptance into membership if the membership has been resigned or terminated prior to such five-year period or (b) upon resignation or termination of the membership if the membership is resigned or terminated after such five year period, or (ii) if the member paid the initiation fee in installments, the member shall not be entitled to a refund.
ARTICLE 5
GOOD STANDING; DISCIPLINE
Good Standing
5.1
A member, designee, or Authorized User shall cease to be in “good standing” with the Club upon the occurrence of any of the following:
12 | Lake Nona Golf & Country Club
•
failure to pay to the Club Operator any fees, dues, or other charges, or any installment thereof, on or before the due date;
•
failure to accompany a guest, if and when required, while such guest is using the Club Facilities;
•
resignation or other termination of the membership by which the member, designee, or Authorized User was entitled to use the Club Facilities;
•
violation of these Membership Policies or the Club Rules;
•
conviction of a felony or any crime involving moral turpitude, or a determination by the Club Operator that the person was convicted of a felony or such a crime prior to the Club Operator’s approval of his or her membership application and failed to disclose such conviction prior to such approval;
•
commission of any act which the Club Operator determines to be detrimental to or likely to endanger the welfare, safety, harmony or good reputation of the Club or Club Operator, or any member, designee, or Authorized User;
•
any behavior or activity by any member which the Club Operator, in its sole and absolute discretion, determines is detrimental to the harmony or friendly atmosphere of the Club; or
•
designee has been refunded their initiation fee for any or no reason, at the sole discretion of the Club Operator.
5.2 Discipline General. If the Club Operator determines, in accordance with the procedures set forth below, that any member, designee, or Authorized User is no longer in good standing, the Club Operator may impose such sanctions as it deems appropriate. Such sanctions may include, but need not be limited to, monetary fines, reprimand, temporary suspension of membership privileges, or expulsion and termination of membership. Any temporary suspension of membership privileges shall be for such period as the Club Operator deems appropriate. A suspended member or designee shall remain fully liable for all dues, fees, and other charges accruing during any period of suspension. The Club Operator’s determination that an Authorized User is not in good standing shall be cause for suspension or termination of the Authorized User’s privilege of using the Club Facilities and may affect the privileges of the member, designee, or other Authorized Users at the Club Operator’s discretion. The Club Operator’s determination that a designee is not in good standing shall be cause for suspension or termination of the privileges of the designee and the designee’s Authorized Users, but shall not affect the privileges of the member. Suspension or termination of a member’s rights due to the Club Operator’s determination that the member is not in good standing shall also suspend or terminate all rights of the member’s designee and Authorized Users. A person whose use privileges are suspended or terminated pursuant to this shall not be entitled to use the Club Facilities as the guest of another member or otherwise. A member who has been expelled shall be deemed to have resigned his or her membership pursuant to Article 4.
Membership Policies, Rules & Regulations | 13
Action Taken by Club Operator. Except as set forth below, the Club Operator shall not suspend or terminate the rights of a member, its designee, or any Authorized User without prior notice to the member (and the designee, if applicable), specifying the basis for a belief that the member, its designee, or other Authorized User is not in good standing (as defined above), and an opportunity for a hearing on the matter.
If the member, its designee, or Authorized User requests a hearing in writing within 10 days after receipt of such notice, the Club Operator shall set a time and date for a hearing and shall provide at least 10 days prior written notice thereof to the member. The hearing shall be held before a committee comprised of such persons as the Club Operator may designate, who may but need not be members. At such hearing:
•
The member, its designee or Authorized User may make a statement and present any evidence or witnesses supporting the position that such person remains in good standing or should not be sanctioned. The general policy of the Club shall be that neither the Club Operator nor the charged person shall have counsel present at any such hearing.
•
Only the Club Operator’s representative, the charged person, and those persons who, in the discretion of the Club Operator, have relevant information to share concerning the charges or the good standing of the charged person, may attend.
•
The Club Operator’s appointee, or representative, if any, may present its arguments for sanctions against the charged person. The Club Operator’s appointee shall name the complainants and witnesses who are to testify regarding the charged person’s conduct and in support of the Club Operator’s charges.
•
The charged person shall have an opportunity to be heard orally or in writing, to present witnesses, produce any statement or evidence on his or her behalf, confront the Club Operator’s witnesses, and refute the claims of complainants.
•
The Club Operator and the charged person each shall be afforded a reasonable opportunity to present relevant matters. The charged person shall have the same amount of time to present its matters and confront the Club Operator’s witnesses and complainants as the Club Operator uses to present the matters it deems relevant; however, neither presentation shall exceed one hour, unless the Club Operator, in its sole discretion, determines that more time is necessary to present relevant matters. The amount of time that the Club Operator uses to pose questions to those in attendance shall not be charged against the time allotted to either.
•
The committee shall notify the alleged violator of its determination and the sanction, if any, to be imposed, within 10 days following the date of such hearing. In the discretion of the Club Operator, membership privileges may be suspended pending the outcome of such hearing.
THE CLUB OPERATOR’S DETERMINATION IN ACCORDANCE WITH THIS THAT ANY PERSON OR ENTITY IS NOT IN GOOD STANDING SHALL BE FINAL.
14 | Lake Nona Golf & Country Club
Notwithstanding the requirement for notice and hearing set forth above, the Club Operator may immediately suspend the rights of a member, its designee, or any Authorized User if the Club Operator determines, in its sole discretion, that such person’s conduct, if repeated, would pose a threat to the welfare and safety of the Club or its members or that the time period involved in complying with the procedure set forth above would render such hearing procedure ineffective to address or prevent a recurrence of such person’s conduct within such time period. In such event, the member, designee, or Authorized User involved shall have the right to appeal the suspension to the Club Operator or its designee by submitting a written notice of appeal which is received by the Club Operator or its designee within 10 days after the date of suspension. If such a suspension is appealed, the Club Operator or its designee shall comply with the applicable notice and hearing procedures set forth above. If such a suspension is not appealed, the Club Operator or its designee shall review the facts surrounding the suspension to determine the length of the suspension or if further disciplinary action is necessary.
ARTICLE 6
MANAGEMENT, OPERATION AND TRANSFER OF CLUB FACILITIES
Club Management
6.1
The Club Operator shall have exclusive authority and shall be responsible for the management and operation of the Club Facilities, which shall include, without limitation, the following: Staffing. The Club Operator shall select, retain, supervise, direct, fix the compensation of, and discharge, in its sole discretion, all professionals and other personnel, agents, and/or independent contractors which the Club Operator deems necessary or desirable for the smooth and efficient operation and maintenance of the Club Facilities. Any complaints regarding such personnel shall be directed to the Club’s President, General Manager or such other person as the Club Operator may designate. No person other than designated employees of the Club shall reprimand or admonish such personnel or direct them in performing their duties. Nature and Condition of Club Facilities. The Club Operator reserves the right to add or eliminate facilities, discontinue or modify the operation of existing Club Facilities, and otherwise make such changes to the Club Facilities and level of operations as the Club Operator deems appropriate in its sole discretion. The Club Operator makes no representations or warranties with respect to the nature or condition of the Club Facilities or the suitability of the Club Facilities for any particular purpose. The Club Operator may, but shall not be obligated to, establish or provide for capital reserves or any other reserve fund related to operation or maintenance of the Club Facilities. Club Rules and Policies. The Club Operator shall have the exclusive authority to adopt and amend rules and policies governing use of and conduct on the Club Facilities, including policies regarding tee time allocation, reservations, and guest privileges. Such rules and policies are subject to change in the Club Operator’s sole discretion. Special Events. Subject to the limitations set forth in Article 6.2, the Club Operator reserves the right to make all or portions of the Club Facilities available to members, guests, or Lodge guests for special events, including, without limitation, tournaments, private parties, and charitable events, to determine the number and scheduling of special events in its sole discretion, and to restrict members’ use of the Club Facilities during such events. Membership Policies, Rules & Regulations | 15
Hours of Operation. The Club Operator shall have sole and exclusive authority to determine the hours of operation of the Club Facilities and to close portions of the Club Facilities during inclement weather and for maintenance, repair, overseeding, and other purposes as the Club Operator deems appropriate, subject to the limitations set forth in Article 6.2. Except in an emergency, the Club Operator may exercise its best efforts to give the members prior notice if the golf course will be closed to regular play.
Approval and Acceptance of Members. The Club Operator shall have sole and exclusive authority to determine the qualifications for membership and to approve or reject any application for membership in accordance with such procedures as it may establish from time to time.
Profits, Losses, and Distributions. The Club Operator shall be entitled to all income and profits and shall be responsible for all expenses and losses from operation of the Club Facilities, subject to its right to increase fees, dues, and other charges as provided in Article 2. In the event of a sale of the Club Facilities, any proceeds which the Club Operator derives from such sale shall be the property of the Club Operator and members shall have no interest therein.
Delegation. The Club Operator shall have the right to delegate, transfer, or assign any or all of its rights and responsibilities for management and operation of the Club Facilities to such persons and on such terms and conditions as the Club Operator deems appropriate in its sole and absolute discretion.
6.2
Non-Member Use The Club Operator reserves the right to make any or all of the Club Facilities available for use by persons other than members (which use may include, without limitation, tournaments, charitable events, banquets and other such activities) under such circumstances, terms and conditions, and upon payment of such fees and charges, as the Club Operator shall determine in its sole and absolute discretion. The Club Operator may reserve any or all of the Club Facilities for non-member tournaments or other non-member events, restricting use by members (exclusive of closures of all or portions of the Club Facilities to regular use for maintenance, overseeding, member tournaments and events, etc.).
6.3
Transfer of Club Facilities The Club Operator reserves the right to sell or otherwise transfer all or any portion of the Club Facilities to a third party or parties, upon such terms and conditions as the Club Operator determines appropriate in its sole and absolute discretion. Unless either: •
the new owner agrees to operate the Club Facilities in accordance with the Membership Policies then in effect (as they may be amended); or
•
adopts a new membership program and agrees to exchange all memberships in good standing for memberships in such new program having substantially the same or better use privileges and rights upon termination as held by existing members in good standing, without requiring payment of any additional initiation fee;
16 | Lake Nona Golf & Country Club
Each member whose rights under the existing Membership Policies are to be materially adversely affected shall be given at least 30 days after receipt of notice of the proposed changes to elect either (i) to continue to use the Club Facilities on such terms and conditions as the new owner may establish, or (ii) to resign by written notice to the Club Operator or new owner and receive a refund of the amount due to the member in accordance with Article 4, less any unpaid installments of such initiation fee and less any outstanding dues, fees and other charges due from the resigning member.
For purposes of this provision, only the following shall be considered to “materially adversely affect” the rights of a member under the Membership Policies:
•
elimination of use privileges afforded to such member’s class and category of membership;
•
reduction in the number of Authorized Users or designees permitted for such member’s membership;
•
requirement of an additional initiation fee in order to continue existing privileges;
•
elimination of the right to have a membership reissued in the name of a surviving spouse upon death of the member; or
•
elimination or significant reduction in the rights of the member upon termination of the membership.
In the event that a new owner of the Club Facilities who is unaffiliated with the previous owner discontinues or suspends the offering of memberships in any category of membership and does not substitute a different category of membership with similar or greater privileges than what is included in the discontinued or suspended category of membership, the new owner shall refund to the member the amount the member is entitled to receive in accordance with Article 4 within 60 days of discontinuing or suspending such category of membership.
In the event that the Club Operator transfers all or any portion of the Club Facilities to a third party, the Club Operator may assign to the new owner its rights to collect fees, dues, and other charges pursuant to the Membership Agreements with persons then holding memberships. ARTICLE 7
GENERAL PROVISIONS
7.1 Notices Except as otherwise specifically provided in these Membership Policies, all notices or other communications (other than regular statements of account) required to be given or made hereunder shall be in writing and shall be delivered by hand or mailed by registered or certified mail, return receipt requested, postage prepaid, or by electronic mail to members so requesting. Notices delivered in person shall be deemed received upon actual receipt, and notices mailed shall be deemed received three days after deposited in the mail in accordance with this . Notices to the Club Operator shall be delivered to the address of the Club Facilities. Notices to a member (or its designee) shall be addressed to the member (or its designee, as applicable) at the address specified in the member’s Membership Agreement, unless the member has provided written notice to the Club Operator in accordance with this requesting that notices be given at a different address and providing such new address. Membership Policies, Rules & Regulations | 17
7.2 Amendment
The Club Operator reserves the right, in its sole and absolute discretion, to amend these Membership Policies at any time and in any manner which it deems appropriate.
Any amendment shall become effective when notice thereof is delivered to the members.
7.3
Assumption of Risk In consideration for the privilege of using the Club Facilities, each person entering upon or using the Club Facilities agrees: •
to accept all risks associated with the use of the Club Facilities and to release the Club Operator from and indemnify and defend the Club Operator against any and all claims arising out of or in any way connected with such use of the Club Facilities; and
•
to assume sole responsibility for their personal safety and the safety of their personal property brought upon, used or stored at the Club Facilities. The Club Operator shall not be responsible for any loss or damage to any personal property brought upon, used or stored at the Club Facilities, whether in lockers or elsewhere.
Each member and designee further agrees, on behalf of themselves and their Authorized Users and guests, to be responsible and liable for, and to release from and indemnify and defend the Club Operator against any and all claims for any property damage and/or personal injury which he or she causes, or which is caused by his or her Authorized Users or guests, while on the Club Facilities, or at any activity or function operated, organized, arranged or sponsored by the Club Operator. In addition, a member or designee who arranges or sponsors any activity or function at the Club Facilities shall be responsible for any such damage or injury even if such damage or injury was not caused by the member or designee. The cost of repairing any such damage shall be charged to the member or designee’s club account, as applicable. As used in this, the term “Club Operator” shall mean Lake Nona Golf & Country Club, LLC, its members, successors, assigns, officers, directors, and employees, and all persons, corporations, partnerships and other entities with whom it is or may in the future become affiliated.
7.4
No Ownership Interest No member, by virtue of their membership, shall have any ownership or proprietary interest, beneficial interest, or any other vested interest whatsoever in the Club Operator, or any of the assets of the Club Operator. No member shall have any right to vote on or approve any matter relating to management or operation of the Club except as specifically provided in these Membership Policies. Membership constitutes only to a license to use, on a priority basis, some or all of the Club Facilities as set forth in these Membership Policies, as they may be amended from time to time. Membership is offered as an opportunity to obtain the recreational and social benefits of the Club only and should NOT be viewed as an investment or purchased with any view toward or expectation of profit.
18 | Lake Nona Golf & Country Club
7.5 Representations
No person is authorized to make any representation or provide any information with regard to the Club or Club memberships contrary or in addition to the information contained in these Membership Policies and the Membership Agreements referenced herein.
Membership Policies, Rules & Regulations | 19
rules & regulations INTRODUCTION
Lake Nona Golf & Country Club, LLC, a Florida limited liability company (“Club Operator”), has established the following rules (“Club Rules”) to govern the use of the Club Facilities and to promote the health, safety, welfare, and enjoyment of all persons using the Club Facilities. The Club Operator may, in its sole discretion, amend these Club Rules from time to time. Amendments to the Club Rules will be effective when posted at the Club Facilities or mailed to the members. These Club Rules shall apply to all persons using the Club Facilities, whether a member, designee, Authorized User, or guest. Capitalized terms used in these Club Rules shall be defined as set forth in the Membership Policies for Lake Nona Golf & Country Club (“Membership Policies”). The Club Manager shall be the Club’s representative for purposes of implementing and enforcing these Club Rules.
ARTICLE 1
GENERAL RULES
Purpose of Club Rules
1.1
These Club Rules are established to protect the Club Facilities and to assure the enjoyment of the Club Facilities and activities of the Club, and provide protection of the rights and privileges of, all Club members, designees, Authorized Users, and their guests.
1.2
Control of Club Facilities The Club Facilities, including without limitation, the Clubhouse, Guest Lodge and grounds shall at all times be in the complete charge and control of the Club Operator. All members, designees, Authorized Users, and their guests shall at all times, while on the premises of the Club, be subject to the order and direction of the General Manager.
1.3
Violation of Club Rules Any member, designee, Authorized User, or guest who knowingly violates any Club Rule may be subject to disciplinary action in accordance with the provisions of the Membership Policies.
1.4
Enforcement of Club Rules All members, designees, and Authorized Users are requested to report any violations of the Club Rules to the General Manager. Members, designees, and Authorized Users themselves shall have no authority to enforce the Club Rules and are requested not to do so.
1.5
Access Control Members’, designees’, and Authorized Users’ names shall be registered at the gatehouse. Members, designees, and Authorized Users shall be assured of entry into the Club Facilities during normal Club business hours. It is the responsibility of the member to properly register all expected guests.
20 | Lake Nona Golf & Country Club
ARTICLE 2
MEMBERSHIP DUES AND ACCOUNTS
2.1 Dues Dues are payable upon joining the Club, and are billed annually in advance, are not refundable and must be paid within the prescribed period.
2.2 Accounts Every member shall be allocated an account number which shall be used when signing for purchases. Members should sign for purchases, if the member does not opt to sign for purchases, the member may not dispute charges. Members are expected to settle accounts within the prescribed periods, failing which they may be refused entry in the Club.
2.3
Use of Cash Members are permitted to use cash or credit card at the Club Facilities only at the time of purchase. Neither annual dues nor monthly statements may be charged to a credit card.
ARTICLE 3
HOUSE AND GUEST LODGE RULES AND REGULATIONS
Hours of Operation
3.1
The hours of operation of the Club Facilities, shall be determined and established by the Club Operator, in its sole and absolute discretion, as need and usage dictates. The Club Operator will from time to time publish an appropriate schedule of the hours of operation and shall make every effort to advise the membership of any changes.
3.2
Monday Closings Any or all of the Club Facilities, in the sole and absolute discretion of Club Operator, without limitation, may be closed to the membership of the Club each Monday. Notwithstanding such Monday closings, however, the Club Operator shall have the right to open and use the Club Facilities for activities sponsored or approved by the Club Operator.
3.3 Attire Appropriate attire is expected at all times while in the Clubhouse and on Club grounds. Dress codes have been established for various areas and activities of the Club. Clubhouse and Common Areas. Casual dress is allowed in the Grill Room and Common Areas and is defined as a neat shirt, preferably with a collar, slacks or shorts for men and boys. A jacket for men may be required from time to time while dining in the Dining Room. Women and girls are asked to adhere to a similar standard of dress.
Membership Policies, Rules & Regulations | 21
Cut-off shorts, halter tops, tank tops, bare midriffs, swimwear and blue jeans with visible tears or frayed edges are not appropriate attire anywhere in the Clubhouse or Common Areas. Workout attire is discouraged in the Clubhouse. Hats shall be removed and are not permitted to be worn in the Grill Room, Men’s Grill Room or Dining Room. The dress standards of the Club may be amended from time to time for special Club activities and functions.
3.4
Alcoholic Beverages The Club Operator shall enforce all laws of the State of Florida concerning the sale and consumption of alcoholic beverages. Accordingly, alcoholic beverages will not be served or sold, nor permitted to be consumed on Club premises during hours prohibited by law. All alcoholic beverages consumed or otherwise possessed on Club premises must be sold by and purchased from the Club Operator.
3.5
Controlled Substances The possession and/or use of any type of drugs or other controlled substances is absolutely prohibited on Club premises at all times; except such as required to be used or taken pursuant to the prescription of a physician. Any member, designee, Authorized User, or guest violating this rule shall be required to vacate the Club Facilities immediately.
3.6
Staff and Employee Discipline All complaints regarding the Club’s staff shall be submitted in writing to the General Manager. It is inappropriate for any member, designee, Authorized User, or guest to abuse or harass any of the Club’s employees, verbally or otherwise. No member shall discipline any employee, nor shall a member, designee, Authorized User, or guest request an employee to leave the Club Facilities for any purpose whatsoever. Any employee not rendering courteous and prompt service should be reported to the General Manager immediately.
3.7
Solicitations and Advertising No business, political, religious or other solicitation of any kind shall be permitted on or within the Club Facilities; neither shall any commercial, political or religious advertisements be posed or circulated on or within the Club Facilities, nor shall any petition be originated, solicited, circulated or posted on or within the Club Facilities without the prior written consent of the Club Operator.
3.8
Political and Religious Activity The Club Facilities shall not be used by any member for purposes or functions which are in any way related to past, present or future fund raising or other activities for the benefit of any political or religious cause and, accordingly, such activities are expressly prohibited within the Club Facilities.
22 | Lake Nona Golf & Country Club
3.9 Pets
No dogs or other pets shall be permitted within the Club Facilities except under special circumstances when authorized by the Club Operator and in accordance with such restrictions imposed by the Club Operator. Any person who brings an animal within the Club Facilities shall be responsible for any damage caused by the animal. In compliance with the American Disabilities Act (ADA), service animals are allowed on Club property if the pet is qualified under ADA. A service animal means any dog or pet that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. While Emotional Support Animals or Comfort Animals are often used as part of a medical treatment plan as therapy animals, they are not considered service animals under ADA; therefore, Emotional Support Animals are not allowed within the Club Facilities.
3.10 Gratuities
A service charge of twenty percent (20%), or such other percentage as may be determined by the Club Operator from time to time, shall be added to all food and beverage sales and certain other services as provided by the Club Operator in its discretion. Tipping. No member of the Club shall offer any tip or other payment or gratuity to any member of the staff or employee of the Club, except bag staff, valet parking or shoe shine personnel. Holiday Fund. A Holiday Fund will be established for all Club staff members and employees. This would be the appropriate time for the members to show their appreciation of all Club staff members throughout the year by participating in the fund. Club Management will be responsible for distribution of the amounts collected.
3.11
3.12
3.13
Member Sponsored Functions The Clubhouse and other Club Facilities are for the use and enjoyment of all members of the Club, in accordance with the use rights of their class and category of membership, and, accordingly, prior written consent and approval of the Club Operator must be obtained for any member sponsored parties, events or activities. Member Sponsored Functions The Club Operator reserves the right to hold parties, events or activities at any time whatsoever which may be closed to the members and will endeavor to advise the membership in advance when such functions will take place. Damage to or Removal of Club Property A member shall be personally liable and responsible for the replacement cost of all Club property which is damaged or removed by such member or any designee, Authorized User, or guest.
Membership Policies, Rules & Regulations | 23
3.14 Children
Although children of the members and child guests of members will be accorded most every right, privilege and courtesy of their parent or host member’s membership in the Club, it is necessary to place certain restrictions upon children while on the Club Facilities. Accordingly, children under the age of 13 years must be accompanied by an adult within the Club Facilities. Children under the age of 16 years may only be permitted on the golf course in the company of a supervising adult, unless that child has been approved by the Club Operator based on their ability and knowledge of etiquette. Each member shall at all times be fully responsible for the conduct and actions of such member’s children and child guests.
3.15 Guests Members of the Club shall be entitled to entertain guests at the Club, subject at all times, however, to such rules, regulations and guest fees as may be established by the Club Operator from time to time. Each member of the Club shall be responsible for the fees, charges, and conduct of his or her guests or the guests of the member’s designee or Authorized Users. A member’s guest or Authorized User may choose to pay for fees or charges on their own, however if payment is not made then the member will be responsible for any unpaid charges from the guest or Authorized user.
3.16
Mailing Addresses and Mailing List Each member of the Club shall be responsible for advising and filing with the Club Operator, in writing, a statement of the physical mailing address and email address at which he or she wishes to receive all Club mailings. The Club’s mailing and email lists shall not be used for any commercial or charitable purpose and shall never be released to a non-member. The Club’s mailing and email lists may only be used with specific authorization by the Club Operator.
3.17
Personal Property Each member, as a condition of membership, and each designee, Authorized User and guest, as a condition of invitation to the Club Facilities, assumes sole responsibility for his or her personal property. The Club Operator shall not be responsible for any loss or damage to any personal property used or stored on the Club premises. Any such personal property which is left in or on the Club Facilities for six months or more may be sold by the Club Operator, with or without notice, at a public or private sale, or may be otherwise disposed of, and the proceeds, if any, shall belong to the Club Operator.
3.18
Liability for Use of Club Facilities; Assumption of Risk Members of the Club shall be liable for any property damage and/or personal injury at the Club, or at any activity or function operated, organized, arranged or sponsored by the Club Operator, caused by the member, its designee, Authorized Users or guests. The cost of repairing any such property damage shall be charged to the responsible member’s Club account.
24 | Lake Nona Golf & Country Club
3.19 Parking
Absolutely no fireworks are permitted anywhere on the Club premises except as part of a fireworks exhibit organized and conducted by the Club Operator.
3.22 Weapons
Smoking is prohibited in all interior areas of the Clubhouse and Club Facilities.
3.21 Fireworks
Vehicles shall be parked only in paved areas designated for parking. “No Parking” signs and reserved parking designations must be observed. Violators may be towed at the vehicle owner’s expense. All posted traffic signs and regulations (speed limits, exit, stop, directional or other signs) must be followed. Speed limits are 15 mph in parking lots and 25 mph maximum on Community and Club roads unless posted otherwise.
3.20 Smoking
Any member, designee, Authorized User or guest who, in any manner, makes use of or accepts the use of any apparatus, equipment, facility, privilege or service whatsoever owned, leased or operated by the Club Operator, or who engages in any tournament, game, function, special event, exercise, competition or other activity operated, organized, arranged or sponsored by the Club Operator, either on or off the Club’s premises, does so at his or her own risk and agrees that the Club Operator shall have no liability for personal injury or damage to personal property occurring in the course of or arising out of such use.
3.23
No firearms or other weapons of any kind are permitted on the Club premises at any time except those, if any, that police officers and other public servants and security personnel may be required to carry while on duty. Support of Charitable and Community Organizations
Many of the Club’s members are active in community and charitable organizations and are financial contributors to those organizations. It is however, outside of the responsibility of the Club Operator to designate support or solicit to any community or charitable organization, either by direct contribution or reduction or waiver of fees.
ARTICLE 4
GOLF RULES AND REGULATIONS
Control of Play
4.1
All players must register with the Pro Shop prior to playing. Members are responsible for also registering their guests with the Pro Shop.
Membership Policies, Rules & Regulations | 25
4.2
4.3
Starting Times All players should have a starting time assigned prior to commencement of play. Starting times may be made a maximum of six months in advance unless approved by the Club Operator. Guest names must be given. Special events may block tee times. All players and guests must register with the Pro Shop at least 10 minutes prior to their starting time. All play will start from No. 1 tee unless instructed to the contrary by the golf professional staff or golf assistant. Rules of Play United States Golf Association rules shall govern play at all time, except as modified by local rules.
4.4 Attire All players must be appropriately attired on the golf course and driving range at all times. Golf attire applies to the golf course and driving range. For men and boys: Bermuda length shorts or slacks, sports shirts with collars, sweaters, vests, golf jackets, etc. are acceptable. For women and girls: golf shorts, skirts, skorts are acceptable. Shirts with sleeves may have a round neck or collar, sleeveless shirts must have a collar. Swimwear, halter tops, tank tops, cut off shorts, blue jeans, athletic shorts or slacks and T-shirts are not permitted.
4.5
Golf Carts Electric power golf carts may be used for transportation on the course. The Club Operator shall maintain a fleet of power electric golf carts for rental by members and guests. Members whose residence are within the Estates at Lake Nona may own private golf carts for use on the course. These privately owned golf carts must be approved and registered by the Club Operator and the appropriate trail fee paid prior to use and must abide by all rules that govern Club owned carts. All privately owned carts may be inspected and registered annually in the Club Operator’s discretion. Members are required to follow the cart usage rules of the day. Golf carts must always remain on cart paths around all tees and greens unless the Club Operator has approved the use of a Handicap Flag. The Club General Manager, Director of Golf, Head Golf Professional, assistants or Golf Course Superintendent may restrict cart use at any time. Members will be responsible and personally liable for damage to a golf cart or personal injury while the golf cart is in their possession or the possession of their designees, Authorized Users, or guests or for any damage to the golf course resulting from their use of a golf cart or the use of a golf cart by their designees, Authorized Users, or guests.
26 | Lake Nona Golf & Country Club
No more than two people and two golf bags may occupy or be carried in or on a single golf cart at any one time.
Only persons 16 years of age and holding a valid driver’s license may operate a Club Fleet golf cart on the Club Facilities at any time.
4.6
Playing Through
Players, while looking for a lost ball or otherwise engaged in slow play so as to hold up the four-ball behind them shall, as a matter of courtesy, allow the following four-ball to play through. Any four-ball which loses more than one clear hole on the players ahead must allow the following four-ball to play through. After signaling the following four-ball to play though, the forward four-ball shall not continue play until the previously following four-ball has passed and is well out of range.
Slow Play
4.7
4.8
4.9
4.10
4.11
Slow play shall mean a four-ball or group of lesser size taking over four hours and 20 minutes to complete a round of 18 holes, and two hours and 10 mintues to complete any round of nine holes, or any group losing a full hole of play on those in front. All players are encouraged to report instances of slow play to the Director of Golf, Head Golf Professional, Golf Staff or General Manager and they should not consider themselves nor shall others consider those reporting slow play to be anything but guardians of the game of golf and the rights and privileges of the membership. Making The Turn Players stopping or pausing for food and beverages or for any other reason following the completion of play at hole No. 9, and before commencement of play on hole No. 10 may not delay the following groups and the stopping or pausing players are required to invite the following group to play through in order to maintain continuity of play. Clearing Shots Each player should be prepared to make his or her shot when it is his or her turn to play, and all players shall be certain that the group ahead is well clear of the green or otherwise out of range before playing any shot. Replacing Divots Do not replace divots on the course, fill the divot with sand provided on the golf carts. Repairing Ball Marks Each player shall be responsible for repairing any ball mark made by his shot on putting greens. All players shall repair any such ball marks observed by them, whether or not made by their shots.
Membership Policies, Rules & Regulations | 27
4.12
Clearing Green When play of a hole has been completed, the flagstick shall be promptly returned to the hole and the player shall immediately clear and leave the putting green and proceed to the next tee without delay.
4.13 Scores Scores for all rounds (18- and 9-hole), including tournament rounds, played at the Club must be turned into the Golf Professional Shop for handicap purposes.
4.14 Handicaps Member handicaps shall be computed in accordance with the current United States Golf Association recommendations and requirements under the supervision of the Golf Professional Staff.
4.15
Practice and Golf Instruction Practice is not permitted on the golf course. Golf instruction is available and conducted by the golf staff, only touring professional members that are full members of the following tours are permitted to have their personal golf instructors teach them at the Club: PGA Tour, WEB.com Tour, LPGA Tour, Champions Tour, European Tour, Challenge Tour, Senior European Tour and Women’s European Tour. All other Club members may not have personal instructors teach them on Club property.
ARTICLE 5
TENNIS RULES AND REGULATIONS
Control of Play
5.1
The use of and play on the tennis courts shall be subjected to the control of the Club Operator. The tennis courts will be closed when necessary for maintenance or when dictated by safety considerations or adverse weather conditions. The hours of play will be posted on the Club Facilities.
5.2 Reservations Reservations for tennis court time shall be made through the Club Operator. Tennis court time shall be for a maximum time of one hour for singles and one and a half hours for doubles. A member may also obtain the use of the tennis courts by arriving in person and waiting for the next available court. If a reserved tennis court is not claimed by the reserving party 10 minutes before the reserved time, the tennis court shall be deemed free.
5.3 Registration All players must register with the Bath & Racquet staff 10 minutes prior to their starting times.
28 | Lake Nona Golf & Country Club
5.4 Attire
5.5 Equipment
5.6
5.7
Appropriate tennis attire is defined as apparel specifically designed for tennis. Men and boys are not permitted to wear sleeveless shirts. All players must wear regulation tennis shoes on Club courts. Cross training, basketball and jogging shoes are not permitted. Shirts must be worn at all times.
5.8
Each player must play with a regulation tennis racket. Handball, paddleball, badminton or similar paddles or racquets are not permitted. Regulation tennis balls must be used at all times. Tennis Court Etiquette United States Tennis Association etiquette shall be observed at all times. Only playing participants should be on the tennis courts at any time. Food & Beverage Food and beverages shall not be permitted on the tennis courts. Smoking is also prohibited on the tennis courts. Down Nets
When nets are down, the tennis court involved shall be considered closed for play. Players are not to tighten or raise down nets or otherwise commence play on such tennis courts without first receiving permission from the Club Operator.
ARTICLE 6
POOL RULES AND REGULATIONS
Control of Activity
6.1
Members, designees, Authorized Users and guests shall observe all rules and regulations posted at poolside. Persons failing to observe these rules and regulations are subject to loss of pool privileges.
6.2
Hours of Operation The pool shall be open and available for use during such hours as shall be determined by the Club Operator which may change from time to time. Use of the swimming pool at all other times is prohibited.
6.3
Own Risk Use of the pool will be at the member’s, designee’s, Authorized User’s and guest’s own risk.
Membership Policies, Rules & Regulations | 29
6.4 Illness
For health reasons, persons with skin disorders, infections or other illnesses are not permitted at or in the pool. No bandages, adhesive or similar type tape shall be worn in the pool.
6.5 Attire All swimmers must be appropriately attired in bona fide swimwear. Cut-offs, shorts and the like, are not permitted. Bathing attired is not permitted to be worn in the main Clubhouse.
ARTICLE 7
MARINA AND BOAT DOCK REGULATIONS
7.1 Control The use of and all activities at and on the dock and marina shall be subject to the control of the Club Operator which shall determine the suitability of the dock for use. The dock may be closed for maintenance or for safety reasons as determined by the Club Operator.
7.2
Hours of Operation The dock shall be open and available for use during such hours as shall be determined by the Club Operator from time to time. Use of the dock at other times is prohibited.
7.3 Fueling Fueling operations shall be conducted on or from the dock only in accordance with the Orange County Zoning Regulations applicable to the Club.
7.4
Members’ Boats The Club Operator retains absolute discretion whether to permit members to launch their own boat from the Club Facilities. Such permission must be granted by the Club Operator before any boat may be launched. Members and guests are prohibited from leaving their boat at the dock overnight.
30 | Lake Nona Golf & Country Club
9100 chiltern drive, orlando, fl 32827 407.209.1200 • lakenona.club