| 1 |
`MEMBERSHIP'
CARD |
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The
Company shall issue to the Licensee a membership
card and one supplemental membership card to
the Licensee lawful spouse and junior membership
card to his/her lawful children respectively
so to allow identification as being having a
license to enter and enjoy the facilities provided
by the Resort and for registration of usage
of the Resort facilities purposes. |
| 1.1
|
The
licensee and persons who are entitled to be
issued a membership card shall at all time produce
the membership card in the event of being requested
by any employees of the Company at the Resort
premises. |
| 1.2 |
Membership
cards issued to Licensees or their spouse and
children are not transferable and/or are not
to be used by any other person other than the
person named in the membership card. |
| 1.3 |
The
Membership Card shall at all times belong to
the property of the Company. The Company may
at any time as it thinks fit request the membership
card holder to return the Membership Card. Further,
the Company may at all times allow to substitute
the Membership Card with any other form of identification
card but subject to non derogation of the existing
privileges enjoy by the licensee and any other
membership card holders. |
| 1.4 |
Upon
any report of lost, stolen and/or misplaced
of membership card by any membership card holder
and a request is made to the Company to issue
a new membership card to substitute the lost,
stolen and/or misplaced card, a fee will be
charged to replace the lost, stolen and/or misplaced
card. |
| 1.5 |
The
Licensee shall be liable and responsible for
all bills incurred by any fraudulent or unauthorised
use of the membership card. |
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| 2 |
GUESTS
AND VISITORS |
|
2.1 |
Any
Licensee may subject to the Rules and Regulations
of the Resort introduce guests to the Resort.
The name of guests introduce on to the Resort
premises must be entered into the Visitors'
Books. Junior card holders are not permitted
to introduce any guest to the Resort. |
| 2.2
|
A
Member introducing a guest or whose spouse introduces
a guest shall be responsible for any payment
to the Resort incurred by such guest and also
for the observance of such guest of the Rules
and Regulations of the Resort. |
| 2.3
|
The
Company may impose a fee payable by the Licensee
for introducing guests using the club facilities. |
| 2.4 |
The
Company shall have the discretion at any time
to withdraw any privileges granted to the guest
introduced by the Licensee in the Resort without
giving any reason whatsoever. |
| 2.5 |
The
Resort and/or the Company shall not be liable: |
| |
| (a) |
in
respect of any death or personal injury
of any guest arising in any way through
his use or enjoyment of the Resort, its
amenities, privileges or other facilities
howsoever arising; or |
| (b) |
for
the loss of or damages to any vehicle,
article or property whatsoever brought
upon the Resort premises or ground by
a guest or entrusted to an employee of
the Resort. |
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| 2.6 |
No
person (including any nominated individuals
in the case of a Corporate
Member) who has ceased to be a Member under
any of the Rules hereunder or from whom the
privileges of the Resort have been withdrawn
or who has been declared by the Company to be
unsuitable to be introduced as a guest may be
introduced as a guest to the Resort unless with
the express permission of the Company. |
| 2.7 |
The
Company may permit any member or any affiliated
club, which has agreed with the Company to extend
similar or other privileges to the Members,
to be a visitor of the Resort and to enjoy the
facilities of the Resort on such terms and conditions
as the Company shall determine and such visitor
or visitors shall abide by the Rules and Regulations
of the Resort. |
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| 3
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AMENDMENTS
AND INTERPRETATION OF THESE RULES |
| 3.1
|
These
Rules and Regulations may be amended or repealed
from time to time by the Company who shall take
cognizance of any recommendation and/or suggestion
made by the Licencee(s) but shall not be bound
to act on such recommendation and/or suggestion. |
| 3.2 |
Any
dispute of difference as to the interpretation
or meaning of these Rules and Regulations made
hereunder or shall be solely determined by the
Company and whose decision shall be final and
binding on all Members. |
| 3.3 |
These
Rules and Regulations made hereunder shall be
printed and copies shall be available to all
Members on application to the Company. |
| 3.4
|
A
certified copy of the Rules and Regulations
of the Resort shall be kept available in the
Club House of the Resort for inspection by Members
and other persons using the Resort. |
| 3.5 |
Every
Member of the Resort shall be bound by the Rules
and Regulations of the Resort and shall be deemed
to have full knowledge thereof whether he has
or has not read or not obtained a copy thereof. |
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| 4
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GENERAL
PROVISIONS |
| 4.1 |
The
Company shall have the absolute discretion to
fix the operation hours of the Resort and/or
the time for the usage of any facilities provided
by the Resort. |
| 4.2 |
It
is the duty and responsibility of each and every
Licensee and member to register themselves with
the relevant registration counter before using
any facilities of the Resort, failure to do
so, such Licensee and/or the member concerned
may be liable for in breach of this Rule and
shall be subject to disciplinary hearing if
the Company thinks fit. |
| 4.3 |
The
Resort shall be opened daily from such time
and for such duration as may be fixed by the
Company from time to time PROVIDED ALWAYS that
the Company shall be entitled at any time and
from time to time by notice, whether generally
or for a particular occasion alter, extend or
restrict that hours for which the Resort shall
be opened. |
| 4.4
|
The
Company may at any time and from time to time
by notice reserve the whole or any part of the
Resort, any of the Facilities and other premises
in connection therewith and other parts of the
Resort premises for any purpose whatsoever for
such period or periods and subject to such provisions
and restrictions as to entry thereon by any
Member whether upon terms and payment or otherwise
as the Company may thinks fit. In particular
and without derogation from the generality of
the power aforesaid, the same may be exercised
in connection with competitions, tournaments,
exhibition matches, fetes, galas, celebrations
and entertainments and functions of all kinds
and shall include the loan or hire of the Resort
premises or any part thereof. |
| 4.5 |
No
Member shall give any money, present or gratuity
directly or indirectly any to any employee of
the Resort under any circumstances whatsoever. |
| 4.6 |
No
Licensee guest and/or visitors shall reprimand,
assault (either verbally or physically), mistreat
any employee guest and/or visitors of the Company.
A complaint may be made in writing to the Company
or entered into the complaint book provided
for such purposes. |
| 4.7 |
No
food cooked in the Resort or wines or liquors
shall be sent out of the Resort, and no food
cooked outside the Resort or wines or liquors
shall be brought into the Resort on any pretext
whatsoever, except with the consent of the Company. |
| 4.8 |
Any
Member breaking or damaging the property of
the Resort shall pay to the Resort the cost
of making good the damage. The amount of such
cost shall be assessed by the company whose
decision shall be final. |
| 4.9
|
No
animals shall be allowed to be within the premises
of the Resort. Any Member whose animal enters
the Resort premises or any part thereof, shall
be liable to a fine to be determined by the
Company for each offence. |
| 4.10 |
Books,
periodicals, newspapers, and such other reading
materials provided by the Company, shall on
no account be removed from the Resort. |
| 4.11 |
The
Resort and/or the Company shall not be liable
in respect of the death or personal injury of
any Member, or any family of any Member or any
nominated individual of any Corporate Member
arising in any way out of his membership of
the Resort or through his or their use or enjoyment
of the Resort, its amenities, privileges or
other facilities howsoever arising. |
| 4.12
|
The
Company may impose fines for any amount as the
Company shall from time to time at its absolute
discretion determine on any Member or their
guests who park or permits to be parked their
vehicles in contravention of any parking regulation
that may from time to time be in force. All
such regulations shall be posted on the Resort's
notice-board. |
| 4.13 |
Gambling
of any kind is forbidden on the Resort premises.
Introduction of any form of prohibited drugs
under the laws of Malaysia is strictly prohibited
in the Resort. |
| 4.14 |
No
employees of the Company at the Resort shall
be sent by any Member or his family or guest
for any errand outside the Resort premises except
with the prior permission of the Management. |
| 4.15 |
Members
and their guests shall at all times: |
| |
| (a) |
conduct
themselves with decorum and observe courtesy
and rules of etiquette while in the Resort
premises. |
| (b)
|
use
or wear the appropriate attire prescribed
by the Rules and Regulations and/or as
posted on the Resort premises from time
to time when using the facilities of the
Resort. |
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| 4.16 |
Members
shall refrain from making any noise, causing
any nuisance or doing any act or thing which
may, in the opinion of the Management, create
annoyance to the other Members and their guests. |
| 4.17 |
Unless
otherwise permitted by the Management, a Member
or his guest is not at any time allowed or permitted
to enter the service rooms, kitchens, employee's
quarters, filtration plant, pump room or any
other places which has been designated as prohibited
areas by the Management under any pretext whatsoever. |
| 4.18 |
Messages
for Members at the Resort's premises will be
posted on the notice board at reception counter.
Paging of Members and guests will only be made
in the case of emergencies. |
| 4.19 |
No
food or beverage other than those served by
the Company at the Resort premises may be brought
into any part of the Resort premises unless
otherwise permitted by the Management. |
| 4.20 |
Chewing
of tobacco, tobacco products or betel leaves
and/or consumption of illicit drugs is prohibited
in the Resort premises. |
| 4.21
|
Unless
otherwise permitted by the Management, no Member
shall be allowed to play in the Resort premises
any radios, transistors or musical instrument
which may cause nuisance or annoyance to other
Members or person at the Resort premises. |
| 4.22 |
Sports
equipment which are not approved by the Management
shall not be allowed to be used in or within
the Resort premises. |
| 4.23 |
No
private or domestic servant or `amah' shall,
unless registered as guests, be permitted to
use any of the facilities and amenities of the
Resort. |
| 4.24 |
Neither
the Company nor the Management shall be liable
for the loss or damage to any article brought
upon the Resort premises by a Member, his spouse,
child or guest. Members who leave articles of
clothing or personal property in any part of
the Resort premises shall do so at their own
risk. Any lost and found items or articles at
the Resort will be handled by the Security Department
and the Company and/or the Resort shall not
be in any way responsible for such items or
articles. |
| 4.25
|
Any
complain or suggestions from the Member shall
at all times be made in writing and directed
to Management who will take cognizance of such
complaints or suggestions but shall not be bound
to act on such complaints or suggestions. |
| 4.26 |
All
Licensees are to take note that it is their
duty and responsibility to observe the Rules
and Regulations of each and every individual
sport facilities. These Rules and Regulations
of each and every sport facilities shall be
displayed at the respective sport register counters. |
| 4.27
|
All
Licensees are also required to take note that
it is their duties and responsibilities to check
from time to time the Rules and Regulations
of each and every sport facilities in order
to up date themselves of any changes made by
the Company in order to avoid any embarrassment
and or inconvenience caused to themselves and
to other Licensees. |
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| 5 |
DISCIPLINARY
COMMITTEE AND ITS FUNCTIONS |
| 5.1 |
If
any Licensee or Nominee or their family members
act in any way prejudicial to the interests
of the Company and/or the Club or in breach
of any Rules and Regulations herein, the General
Manager or any person authorised by the Company
shall inform the Company. The Company may
issue a show cause letter or a caution or
reprimand to or censure the concerned person.
If the Company considers that there is sufficient
evidence and/or the serious nature of such
complaints may call upon the concerned person
to answer any charge made against him/her
before a Disciplinary Committee, two (2) weeks'
notice in writing shall be given to such concerned
person to attend a hearing before the Disciplinary
Committee for the purpose of answering the
charge. At such hearing the concerned person
shall have the right to be heard in his own
defence. If after such hearing, the Disciplinary
Committee is satisfied that the concerned
person has in breach of the alleged charge
shall recommend to the Company the appropriate
actions as its think fit to be taken against
such concerned person. The company shall accept
and notify the concerned person of the decision
of the Disciplinary committee. The decision
of the Disciplinary committee shall be final.
The
Disciplinary Committee comprises of one representative
from the Company (preferably the General Manager),
and four from the Licensees of the Club. The
appointment of the Disciplinary Committee
shall be at the discretion of the Company.
A majority of the members of the Disciplinary
Committee present shall be deemed a 'decision
of the Disciplinary Committee, and two licensees
and a representative from the Company of the
Disciplinary Committee shall form a quorum
for any meeting of the same.
In
the event the concerned person fails and/or
refuses to attend the hearing without any
valid reason or no reason given after sufficient
notice has been given to him/her, the Disciplinary
Committee may nevertheless in its absolute
discretion proceed in his/her absence to make
findings and decisions in respect of the charge
or charges against him/her.
The
Disciplinary Committee shall herein empower
to impose fines, suspensions, expulsion, penalty
and/or even termination of the Licence Agreement.
In the event the Disciplinary Committee recommends
termination of the Licence Agreement, the
Company shall have the discretion to accept
or reject such recommendation.
Without prejudice to the general termination
clauses in the Licence Agreement, in the event
that the concerned person fails and/or refuses
to accept the sanction(s) impose against him/her
after the inquiry, the Company shall have
the absolute discretion to terminate the Licence
Agreement with immediate effect.
Upon such termination, the Licensee shall
be liable to pay all debts due and owing to
the Company and/or its Collection Agent and
further liable to pay in full of any outstanding
Licence Fees and whatsoever charges and/or
fees which is payable by the Licensee.
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