Pelican Waters Golf Club – Terms and Conditions

Overview

1 The operator offers annual Memberships for the purpose of permitting Members and their guests to enjoy the use of the Club Facilities and any other special privileges of Membership that may, from time to time, be introduced.

1 General

1.1 Definitions

(a) The definitions for certain terms used in these Terms have the meanings noted below:

(i) “Application Fee” means the amount payable for processing a Membership Application.

(ii) “Applicant” means any person or legal entity applying for Membership.

(iii) “Business Day” means a day that is not a Saturday, Sunday or public holiday in Brisbane.

(iv) “Casual Player” means a casual golf player, who is not a Member but who has the permission of the Operator to use the Golf Course and Facilities on an irregular basis and who, whilst using the Golf Course and Facilities, is bound by these Terms and Conditions and Rules to the same extent that Members are bound.

(v) “Club” means the golf club, known as Pelican Waters Golf Club and located at Pelican Waters, Queensland the business of which is owned and operated by the Operator.

(vi) “Clubhouse” means the clubhouse adjacent to the Golf Course, and everything contained within the clubhouse.

(vii) “Entrance Fee” means the one-off fee payable as part of any person who is not a current Member applying for and being granted Membership.

(viii) “Facilities” means the Golf Course, together with a practice facility featuring a driving range, practice green, short game area, the Clubhouse, car parking areas and such other facilities as the Club and/or the Operator may make available from time to time for use by Members.

(ix) “Fee Schedule” means the schedule of Membership Fees issued by the Operator from time to time.

(x) “Golf Course” means the 18-hole Greg Norman designed golf course located at Pelican Waters, Queensland.

(xi) “Golf Operations Team” means those persons appointed by the Operator from time to time, to oversee the day-to-day operations of the Club and Facilities.

(xii) “Guest” means a casual golf player who is not a member but has the permission of the Operator to use the Golf Course and Facilities as a guest of a Member and who, whilst using the Golf Course and Facilities, is bound by these Terms and conditions to the same extent that Members are bound.

(xiii) “Member” means the person who has been granted Membership by the Operator and is the holder of a current Membership. For Membership held by a corporation or other legal entity a Member is any individual designee who has been nominated by the corporation or other legal entity and approved for Membership in accordance with these Terms.

(xiv) “Membership” means the agreement with the Operator under which the Member is granted Privileges.

(xv) “Membership Application” means the application form for Membership available on the Operator’s website, as amended from time to time by the Operator.

(xvi) “Membership Fee” means the yearly membership fee payable to the Operator as set out in the Fee Schedule from time to time.

(xvii) “Operator” means PWGR Pty Ltd ACN 154 845 388, the owner and operator of the business of the Club and its assignees.

(xviii) “Privileges” means the rights, benefits, and entitlements conferred on a Member pursuant to their Membership which includes (without limitation) the right to access and use the Golf Course, the Clubhouse, and associated Facilities, Member competitions and events, and any other rights, benefits or entitlements made available to Members from time to time by the Operator.

(xix) “Policies” has the meaning given in clause 2(b).

(xx) “Rules and Regulations” means the rules and regulations at Schedule 1 to these Terms.

(xxi) “Terms” means these terms and conditions, including the Schedules and as amended from time to time. The Operator may change the Terms at any time in accordance with clause 7.2.

1.2 Interpretation

(a) Headings are for convenience only and do not affect interpretation. The following rules of interpretation apply unless the context requires otherwise.

(b) The singular includes the plural and conversely.

(c) A gender includes all genders.

(d) Where a word or phrase is defined, its other grammatical forms have a corresponding meaning.

(e) A reference to any party to these Terms or any other agreement or document includes the party’s permitted successors and assigns.

(f) A reference to a person, corporation trust, partnership, unincorporated body or other entity includes any of them.

(g) Clause or schedule means a clause of or schedule to these Terms.

(h) A reference to any agreement or document is to that agreement or document as amended, novated, supplemented, varied or replaced from time to time, except to the extent prohibited by these Terms.

(i) A reference to any legislation or to any provision of any legislation includes any modification or re enactment of it, any legislative provision substituted for it and all regulations and statutory instruments issued under it.

(j) A reference to a right or obligation of any two or more persons confers that right or imposes that obligation jointly and severally.

(k) Unless stated otherwise, one provision does not limit the effect of another.

(l) A reference to conduct includes, without limitation, any omission, statement or undertaking, whether in writing.

2 Policies and Rules and Regulations

(a) The Operator may establish and amend from time to time, at its complete discretion, Rules and Regulations for the control and operation of the Club and its Facilities and for the conduct required of Members, Casual Players, Guests and other persons using the Club and its Facilities. The current Rules and Regulations are attached at Schedule 1 to these Terms, and any amended Rules and Regulations shall become effective upon completion of the procedure at clause 7.2. The Rules and Regulations are incorporated into and form part of these Terms. The provisions of these Terms shall prevail in the event of any conflict or inconsistency between these Terms and the Rules and Regulations.

(b) In addition to the above, the Operator may create, adopt, and publish policies as reasonably necessary or appropriate for the operation of the Club and Facilities from time to time (“Policies”). The provisions of those Policies must not be inconsistent with the Terms. The provisions of these Terms shall prevail in the event of any conflict or inconsistency between these Terms and those Policies. Current Policies of the Club are available on the Operator’s website.

(c) All Members, Casual Players, Guests and other persons using the Club and it’s Facilities must comply with the Rules and Regulations and Policies of the Club which are in effect from time to time.

3 Facilities

3.1 Club Facilities

(a) The Members acknowledge and agree that the Operator may permanently or temporarily modify or close part of the Facilities from time to time in order to complete any redesign or reconfiguration which the Operator considers reasonably necessary or appropriate in the Operator’s sole discretion.

3.2 Availability of Facilities

(a) Repair and maintenance of Facilities, operational matters and/or acts of God or nature and other occurrences may make it necessary for the Operator to change hours of use or restrict the use of the Facilities temporarily or permanently, or to close the Club temporarily. The unavailability of all or any part of the Club and/or Facilities shall not entitle Members to a refund of any portion of their Membership Fees.

(b) Members acknowledge that the Facilities shall be open to Casual Players (i.e. non-Members) on a daily green fee-paying basis as determined by the Operator, in the Operator’s sole discretion.

4 Memberships

4.1 General

(a) The number of Memberships will be determined by the Operator in its sole discretion.

(b) The Operator may also from time to time, in its sole discretion, prescribe or modify Membership Fees, assessments, periodic economic incentives, Privileges, and restrictions for the Memberships. This includes that the Operator may create different categories of Memberships with different Privileges and Membership Fees.

(d) The Operator’s decision whether to accept or decline a Membership Application shall be final and binding and the Operator shall not be required to provide reasons in the event an Application is declined.

(e) All Memberships begin on 1 June each year and are valid until 31 May the following year. Memberships are not perpetual, and the Operator may, at its sole discretion, elect not to renew Memberships. Members may only renew the Membership at the discretion of the Operator and the number of Members may be limited from time to time.

(f) Each Member shall have a non-exclusive, revocable licence to use the Club and Facilities in accordance with these Terms. Each Membership in the Club only entitles a single individual to exercise the Privileges of Membership and cannot be transferred or assigned by a Member to any other person.

4.2 Membership

(a) A Membership entitles the Member to have the benefit of the Privileges during the period of Membership. Members are not required to pay greens fees for the use of the Golf Course, unless otherwise required as a condition of a special category of Membership granted from time to time. Fees may be required for the use of other recreational facilities, if any, and for the usage of the other recreational facilities by Guests and Casual Players.

(b) Priority tee time reservation for Members is at the Operator’s discretion.

4.3 Total Membership Numbers

(a) The Operator in its sole discretion, has the authority to determine, reduce, increase or remove maximum numbers of Memberships or alter the way in which the maximum number of Memberships is calculated.

4.4 Conduct of Guests and Others

(a) Each Member shall be responsible for the charges and actions of the Member’s spouse, children, designees (where applicable) and guests for their adherence to the provisions of these Terms. Any breach of these Terms by a Member’s spouse, designees, children or guests shall be grounds for disciplinary action (pursuant to clause 4.5) by the Operator against the Member.

4.5 Pelican Waters Golf Club – Operator’s Cancellation or Suspension Rights

(b) The Operator may, at any time, cancel or suspend any Memberships by written notice to the relevant Members, provided the Operator must first comply with this clause 4.5. Where a Membership is terminated other than by reason of a breach of these Terms, the Operator will repay a pro-rata portion of the Membership Fees paid by the Member (without interest or premium of any kind). If an Application Fee or Entrance Fee was paid by the Member, it will not be repaid. Upon notice and repayment (if applicable), the Member’s Privileges will immediately cease, and the Member shall automatically relinquish any and all claims associated with the Membership and the Member’s entitlements under the Membership.

(c) If the Operator reasonably believes that a Member has breached these Terms (or the Rules and Regulations, or any other Policies), then the Operator may initiate an investigation into the Member’s conduct.

5 (Selected clauses captured in source extract)

(b) Members, Guest, Casual Players and invitees who access or park in the Club’s car parking areas do so at their own risk, and to the fullest extent permitted by law, the Operator is excluded from all liability arising from any loss, damage, injury or death suffered by Members or other users accessing or using the car park areas.

5.3 Personal Property

(a) Due to the number of persons granted access to the Club and Facilities, the Operator cannot guarantee the security of personal property. Therefore, each Member and each person using the Facilities must take precautions against theft and not to encourage theft by failing to properly secure all articles of personal property. To the fullest extent permitted by law, each Member and each person using the Facilities, equipment and amenities agrees that the Operator is not responsible or liable for articles damaged, lost or stolen in or about the Facilities, or left in lockers, or for loss or damage to any property, including, but not limited to, automobiles and the contents thereof. Any storage facilities or lockers provided at the Facilities are offered as a convenience to Members and others and the Operator does not represent or warrant that the lockers or storage facilities are safe and secure, nor does it guarantee that any items placed therein are or will be secure and accepts no liability for anything removed from such lockers.

6 Financial Obligations

6.1 Entrance Fees

(a) Each Member must pay the Entrance Fee (plus GST) in full in one payment.

(b) To avoid doubt, if a person who was previously admitted to Membership, is no longer a member for whatever reason or allows their Membership to lapse or otherwise forfeits or cancels their Membership, then that person must pay a further Entrance Fee in the event they later decide to re-apply for Membership. The provisions of this clause also apply to a membership which has ended because the term of a complimentary golf offer held by a resident of Palm Lake Resort Pelican Waters has ended.

6.2 Membership Fees

(a) Each Member shall pay annually, in advance, the requisite Membership Fees (plus GST) established by the Operator from time to time no later than the payment due date specified by the Operator from time to time.

6.3 Members Club Accounts

(a) Members’ club accounts are permitted for convenience. These accounts are not to overdraw (by purchasing from the drinks cart etc.) and should this occur then payment is to be made as soon as practicable. Should an account continue to overdraw then the privilege will be withdrawn.

6.4 Member Account Discrepancies

(a) Any account discrepancies must be reported within four (4) weeks from the purchase date. Any disputes regarding Members’ accounts from beyond four (4) weeks, will be deemed accepted by the Member.

6.5 Personal Liability

(a) Each Member shall be personally liable for payment of all the Membership Fees in connection with the Member’s Membership. Each Member shall also be liable for any charges which that Member, spouse, child, designee (if applicable) or any guest of that Member incurs with regard to any goods purchased from or services rendered by the Operator.

6.6 Charges and Interest

(a) A Member shall pay all money owing to the Operator as and when it falls due. All goods (such as food and beverages and items from the golf shop) and services (such as golf cart hire, competition fees and and green fees) must be paid for at the time that good or service is ordered.

(b) Any and all payments must be made on line using the Club website, and/or App unless directed otherwise. The Club has a no cash payments policy.

6.7 Fees and Costs

(a) A Member shall be liable to pay any losses, damages, costs or expenses (including legal fees) incurred by the Operator in relation to:

(i) its efforts to collect any fees, including Membership Fees, assessment, charges, late charges, or interest, or in enforcing or defending its rights under these Terms or otherwise;

(ii) any breach of these Terms by the Member; or

(iii) any damage caused by the Member to any property of the Operator or any other person.

7 Miscellaneous

7.1 Notices

(a) Except where otherwise clearly specified herein, whenever any notice, statement, billing or other communication is required or permitted to be given a Member under these Terms, it shall be given in writing and shall be sent by email, mail, postage prepaid, addressed to such Member’s last known address on file in the office of the Club, or served personally. Any notice, statement, billing or other communication so sent shall be deemed to have been given and received:

(i) For mail, postage, prepaid, or other physical delivery service (excluding personal service), on the third Business Day following the date of its deposit in the Australian mail.

(ii) For email or other digital delivery service, on the same day as it is sent, if sent on a Business Day before 5:00pm, or otherwise on the next Business Day after being sent.

(iii) For personal service, on the same day as it is given.

7.2 Amendments

(a) The Members acknowledge the Operator is operating in a dynamic environment and that it will be necessary for them to make reasonable changes to the Terms from time to time.

(b) If the Operator does make changes pursuant to this clause, then they will provide Members with reasonable notice and invite Members to contact the Operator within a two-week timeframe if Members believe the changes would be unduly prejudicial to them. If a response is not received from a Member within this timeframe, it shall be deemed to not be unduly prejudicial to the Member and to be otherwise acceptable to the Member.

(c) If a Member provides a response outlining why the changes would be unduly prejudicial to them acting reasonably, and if the Operator wishes to proceed with the change notwithstanding that the Member would be unduly prejudiced, then the Operator will provide the Member the opportunity to terminate their Membership and receive a pro-rata refund of their Membership Fee (but for the avoidance of doubt, any Nomination Fee, or Entrance Fee will not be refunded).

7.3 Membership Binding

(a) Each Member agrees that these Terms as amended or modified from time to time and the Member’s Membership Application record the whole of the agreement between the Member and the Operator relating to the subject matter of these Terms including the Member’s right to use the Facilities.

7.4 Relationship of Parties

(a) The relationship between the Operator and a Member is one of contract regulating, primarily, a Member’s personal use of the Facilities from time to time only, is personal between the parties and does not constitute any other relationship, connection or arrangement of any other nature whatever between the Operator, the Club, the Member and any other person or entity.

7.5 Assignment by Operator Only

(a) Membership is personal to the Member that holds it and cannot be transferred or assigned by a Member to another party; and

(b) The Operator may at any time, assign its rights under each contract with each Member to a person nominated by the Operator. Such assignment will be effected by giving written notice of the assignment to the Member. Such notice may be addressed to all Members (rather than individually to each Member) and may be given by posting a copy in a conspicuous place at the Facilities.

Schedule 1

Pelican Waters Golf Club Rules and Regulations

These Rules and Regulations of Pelican Waters Golf Club are designed to protect the Privileges of Members of the Club and the enjoyment of the Club by Members, their guests and Casual Players.

It is also the duty of the Members to know the Rules and Regulations and to co-operate with management and staff in the enforcement of these Rules and Regulations.

Members acknowledge that it will be necessary for the Operator to amend these Rules and Regulations from time to time due to the dynamic environment in which the Club operates.

Accordingly, the Operator may at any time establish additional Rules and Regulations and/ or may modify or rescind the existing Rules and Regulations set forth herein. To the extent of any inconsistency between these Rules and Regulations and the Pelican Waters Golf Club Membership Terms and Conditions (“Terms”), then the Terms shall prevail.

Unless inconsistent with the context or subject matter, any terms defined in the Terms have the same meaning in these Rules and Regulations.

1 Hours/Days of Operation

1.1 The Club’s hours and days of operation will be established and published by the Operator on a seasonal basis. The Operator reserves the right to modify the hours and days of operation as it deems necessary from time to time.

2 Conduct

2.1 Members are to conduct themselves in a manner which will not interfere with the enjoyment of the Club by other Members, Guests or Casual Players. Anyone on the Facilities acting in a disorderly, disruptive, or offensive manner will be asked to leave. Members are responsible for the conduct and dress of their family members and guests and will be held accountable for their actions. The Club’s management may take appropriate action for unbecoming behaviour and for behaviour which may result in the disturbance of or damage to property of the Club. Members guilty of conduct prejudicial to the welfare of the Club or other Members, or in violation of these Rules and Regulations, may be subject to disciplinary action as determined by the Club’s management pursuant to clause 4.5.

3 Dress Code

3.1 All Members, Guests and casual players at all times whilst on or in the Golf Course and any of the Club Facilities must strictly adhere to the Dress Code Policies issued from time to time by the Operator.

3.2 The Operator may, in its absolute discretion, require any person to leave the Golf Course and Club Facilities if it decides that the person is not dressed in accordance with the Dress Code specified above.

4 Guest Privileges

4.1 All Members shall be entitled to limited guest privileges subject to any applicable guest fees and any additional guest policies established from time to time by the Operator, such as the number of times a guest may use the Facilities.

4.2 Members are responsible for the conduct and dress of their guests as well as the charges incurred by their guests and any damage caused by their guests. Guests may use the Facilities the sponsoring Member is entitled to use. Guest privileges to any individual may be denied, withdrawn, or revoked at any time for reasons considered sufficient in the sole and absolute discretion of the Operator. Persons who have been suspended or expelled from the Club are not entitled to guest privileges. Guests, whether playing or non-playing, acknowledge that the use of the Facilities is at their own risk, and they assume sole responsibility for personal injury, personal property and property damage, and that the Operator, its officers, employees, representatives and agents shall not be held liable for any personal injury to any person while on the Facilities.

5 Minors

5.1 Members are directly responsible for the actions of their children and children of their guests and any other minors within their control.

6 Policies

6.1 The Operator may create, adopt, and publish Policies as reasonably necessary or appropriate for the operation of the Club and Facilities from time to time.

6.2 Each Member has a duty to keep informed of and abide by Club Policies as published.

6.2 Notwithstanding the above, any Policies adopted or published by the Operator must not be inconsistent with the Terms. In the event of an inconsistency, the Terms will prevail.

7 Leave of Absence

7.1 Medical Leave of Absence

(a) A Member wishing to take a medical leave of absence, after having paid their prescribed annual Membership Fee, must apply in writing to the Operator. A medical leave of absence is only available for Members who are medically incapacitated for more than 3 months. The Member must provide a doctor’s certificate which clearly states the reason for the incapacitation and how long the Member will be unfit to play golf (being not less than 3 months).

(b) The term of the relevant Member’s Membership will be suspended for the duration of the incapacitation and must be suspended a minimum of 3 months. During the incapacitation, the Member will not be able to exercise any Privileges. At the end of the incapacitation (as specified in the doctor’s certificate) the term of the relevant Member’s Membership will re-commence. To remove doubt, if a Member is permanently incapacitated, the Operator is not obliged to refund any Membership Fee or other amount paid by the Member for the use of the Facilities. Despite anything else in this clause 7, a Member’s leave of absence cannot be longer than 2 years, regardless of the nature of the incapacitation.

7.2 Non-Medical Leave of Absence

(a) A Member wishing to take non-medical leave of absence, after having paid their prescribed annual Membership Fee, must apply in writing to the Operator. Subject to the approval of the Operator a Member may take leave of absence, other than for medical reasons, from the club for a period of time subject to the following conditions:

(i) The Member must be financial with all fees and levies paid as per the Terms.

(ii) The leave of absence period must be for a minimum period of 3 months and no longer than 6 months.

(iii) A Member must apply in writing to the Operator a minimum of 7 days prior to the proposed commencement date of the leave of absence.

(iv) Leave of absence must be for legitimate reasons (i.e. Overseas Holiday, Work overseas, Family commitments).

(v) Leave of absence requests and related Membership Fee subsidies will not be applied retrospectively.

(vi) During Leave of Absence a Member will be entitled to maintain a Golf Australia handicap and use Pelican Waters Golf Club as their home club for submitting of handicap cards.

(vii) The Member/s must re-apply each year to be eligible for Leave of Absence category* (subject to Operator’s discretion).

7.3 Membership and Administration Fees for Approved Leave of Absence Periods (Medical & Non-Medical)

(a) Membership fees will be reduced/credited by 50% for the approved leave of absence period.

(b) A one-off administration fee of $50.00* is payable to compensate the Operator for the administrative burden of managing applications for leave of absence requests (the administration fee payable is subject to change at the Operator’s discretion, however, any change to the fee must be reasonable).

(c) The Membership fee reduction amount applicable to the approved leave of absence period, less the $50.00 administration fee, will be credited against the following Membership year’s Membership Fee.

(d) An approved leave of absence period may continue across two annual Membership periods provided the leave of absence period is not greater than 6 months for non-medical absence or 2 years for medical absence. The Club Account Levy must be paid in full during the approved leave of absence period.

8 Membership Cards

8.1 If the Club implements bag tags, Membership cards, or similar tools to help regulate Member activity from time to time, the Club may require Members and/ or other golfers to utilise them.

9 Late Payments

9.1 If the Member fails to pay its Membership Fee in full when due, the Operator may, in its absolute discretion, suspend all rights and benefits related to the use of the Facilities to which the Member would otherwise be entitled.

9.2 If the Member continues to fail to pay its Membership Fee when due within 30 days of the date the Membership Fee is payable, the Operator may, in its absolute discretion, terminate the Member’s Membership.

10 Parties/Special Functions

10.1 Certain Facilities may at the option of the Operator be made available for private parties or special functions at a cost determined by the Operator. The Club, in its sole discretion, may use certain Club facilities for private parties, weddings, and special functions and may conduct outside tournaments on the Golf Course.

11 Mobile Telephones

11.1 The use of mobile telephones is encouraged on the Golf Course for scoring purposes only. In the clubhouse or any other area designated by the Operator we encourage use the silent mode feature on the phone.

12 Alcoholic Beverages

12.1 The Operator complies with the Liquor Act 1992 (Qld), the Liquor Regulation 2002 (Qld) and other relevant laws pertaining to the sale and service of alcoholic beverages. Accordingly, any violations may result in the loss of the Operator’s liquor license. No alcoholic beverages shall be brought onto or removed from the Facilities. Instances of intoxication on the Facilities may be forwarded to the Operator for disciplinary action pursuant to clause 4.5 of the Terms. The Operator may refuse service of alcoholic beverages to any individual they feel is intoxicated or on the verge of becoming intoxicated. Members should not attempt to leave the Facilities and operate a motor vehicle in an intoxicated condition.

13 Pets

13.1 No dogs or other pets, except for Seeing Eye dogs and other qualified handicap service dogs, are permitted on the Facilities (including the Golf Course) at any time, unless special Policies or certain exceptions are adopted in that regard. Members are responsible for any damage caused by their pets.

14 Bicycles, scooters, etc

14.1 Bicycles, motorbikes, electric bikes/scooters and all-terrain vehicles (or the like), including roller blades, are not permitted on the Golf Course, cart paths, or driving range at any time.

15 Prohibited Activities

15.1 The Operator has the right and power to prohibit any games, sports, or other activities, which it may, in its sole determination, consider harmful to the interests of the general Membership and/or the Club. Illegal activities are prohibited. Solicitation of Members, petitions and commercial advertisements posted or circulated on Club property are prohibited without prior approval of the Club. Use of the Club’s name, logo or stationery for any purpose is prohibited without prior approval from the Operator.

16 Member List

16.1 Members are not entitled to view or access a list of Members for the Club for any purpose.

17 Damage to Club Property

17.1 Members will be responsible, and may be subject to disciplinary action, for any of the Club’s property abused, removed, damaged, or destroyed by a Member, as well as for all property of the Club abused, removed, damaged, or destroyed by their guests.

18 Reporting Injuries and Property Damage

18.1 Any injury to persons or damage to property shall be reported immediately to the Golf Operations Team. Personal injury or property damage caused by a golf ball is the sole responsibility of the golfer striking the errant ball.

19 Behaviour

19.1 Club Employees

(a) Employees of the Operator are to be treated in a courteous and considerate manner. No employee shall be reprimanded in any way by a Member or guest. Any complaints regarding service, behaviour, or inattention to duty by employees should be immediately brought to the attention of the Operator. Members may be requested to state the complaint in writing.

19.2 Abuse of Fellow Members and Guests

(a) Abuse of fellow Members and guests will not be tolerated.

19.3 Crude and Abusive Gestures and Use of Crude Language

(a) Crude and abusive gesture or language will not be tolerated at the Club.

19.4 Breach

(a) Any breach of Clauses 19.2 and 19.3 or any other Rule or any of the Club Policies by a Member, guest or other person shall be grounds for disciplinary action pursuant to Clause 4.5 of the Terms.

20 Complaints/Grievances

20.1 If any Member wishes to make a complaint/grievance about another Member, the Club, its Facilities, or make suggestions for improvements of any kind, the complaint must be made in writing and submitted to the Operator.

20.2 The Operator shall investigate the complaint/grievance or suggestion and determine the action to be taken, if any.

20.3 A Member must not reprimand any member of the staff for alleged misconduct. If a Member feels that disciplinary action should be taken against any member of the staff, the Member concerned must put their complaint in writing, giving full details of the behaviour complained of, including the time, date, and names of any witnesses, such complaint to be submitted to the Operator.

20.4

(a) Issues regarding a rules query are to be resolved with the Golf Operations Team verbally where an impact on daily competition results may occur.

(b) Other Issues are to be put in writing to the Operator.

21 Firearms/Fireworks

21.1 Firearms, fireworks, lethal weapons, and ammunition are not allowed in or around the Club’s property.

22 Club Lakes

22.1 No swimming, fishing, playing, boating, kayaking or retrieving of golf balls shall be allowed in or around the lakes within the Facilities. Deliberate or negligent action which could harm both flora and fauna will not be tolerated. Incidents reported will be investigated by the Golf Operations Team and a recommendation put to the Operator as to appropriate action to be taken.

23 Smoking

23.1 Smoking may be prohibited in certain areas in accordance with the laws of Queensland.

23.2 The Operator may publish rules, Policies, or other procedures/notices specifying those areas where smoking is prohibited from time to time.

24 Supervision of Play

24.1 The Golf Operations Team has the responsibility for supervision and control of all matters relating to play on the Golf Course. Golf Course privileges may be refused to anyone who, in the judgement of the Operator acting on advice from the Golf Operations Team, violates any of these Rules and Regulations. Responsibility for such supervision may be delegated to pros, starters, marshals, any member of the Golf Operations Team or other individuals designated by the Operator from time to time.

25 Rules and Regulations and Etiquette of Play

25.1 Members are required to familiarise themselves, their family and their guests with the rules and regulations and etiquette of golf, as contained in the Royal and Ancient Golf Club of St. Andrews Rules and Regulations of golf as endorsed by Golf Australia (the “GA”), which shall apply at all times except when in conflict with any local rules and regulations or these Rules and Regulations (in which case the local rules and regulations or these Rules and Regulations will apply to the extent of any inconsistency). Excessive noise, golf club throwing, or profanity will not be permitted.

25.2 Throwing of Golf Clubs

(a) Throwing of golf clubs in anger/frustration will not be tolerated and Members who engage in such conduct may face disciplinary action in accordance with the Terms.

25.3 Failure to return Scorecards

(a) It is a requirement of the Club that all scorecards from competitions are lodged with Mi Score online promptly following completion of competition. Once lodged with Mi Score, scorecards cannot be retrieved for amendment without approval from the Golf Operations Team.

(b) Unless the day’s competition is cancelled, cards for incomplete rounds will be handicapped.

(c) Members who consistently fail to lodge scorecards with Mi Score online may face disciplinary action in accordance with the Terms.

25.4 Cheating on the Golf Course

(a) Cheating through miscounting or infringing the Rules of Golf and Local rules will not be tolerated in any circumstances. The Operator and the Golf Operations Team, require all Members to try and eliminate any incidences of cheating by reporting it to them in writing. Processes are in place for the rapid handling of such occurrences. Daily results can be amended, and any prizes awarded to be retrieved and reallocated appropriately. Any Member reported for cheating may face disciplinary action in accordance with the Terms.

27 Hours

27.1 The hours and days of operation for the Golf Course, and practice range will be set seasonally by the Operator and made available to Members. Hours may need to be adjusted for weather, maintenance, and special events.

28 Registration

28.1 All Members and all guests must register in the golf course check in area at the Club at least fifteen (15) minutes prior to tee time, otherwise tee times for Members, guests or groups who appear after the registration cut off may no longer be available.

28.2 Should a Member continue to book in after 15 minutes for their tee time a verbal warning from the Golf Operations Team will be issued for the first two incidents. Should a 3rd late arrival occur without a reasonable explanation the Member will be asked to show cause to the Operator as to why their Membership should not be suspended for a period of time. Note: when a “shot gun” start applies for the day then Members should have checked in at least 20 minutes prior to the scheduled starting time.

29 Starting

29.1 All play must start on the No. 1 tee, unless directed to start elsewhere by the golf shop or the nominated starter. “Cutting in” is not permitted at any time. Under no circumstances are players permitted to start play from residences adjacent to or bordering the Golf Course.

30 Tee Times

30.1 Tee times will be required each day the Golf Course is open for Member play and may be reserved on line via the Members App or website. Members will need to provide the names of players in their group at the time of reservation or check-in.

30.2 When a Member is unable to get to the club having booked a tee time it is a requirement for the Member to contact the Golf Operations Team so that alternate teeing arrangements can be made where practicable. Should a Member fail to advise of non-attendance more than once the Member will be given a verbal warning by the Golf Operations Team. Should a further instance arise, the Member will be required to show cause to the Operator as to why their Membership should not be suspended for a period of time.

30.3 When booking other Members/guests for a tee time the Member booking the times is to enter the other player’s name(s). Time slots are not to be filled to deny others access to that time. Should a Member not adhere to the requirement more than once then their right to book tee times will be limited to one tee time only.

30.4 Non-attendance for a booked tee time will incur a cancellation fee.

31 Playing Groups

31.1 Members are encouraged to play in foursomes, however, there may be times when groups with less than four players may be filled with twosomes or singles. Single players and twosomes or threesomes may be permitted at the discretion of the Golf Operations Team. Smaller groups should not expect to play through foursomes and should not exert pressure on the groups ahead except when the foursome has lost their place in the field or directed by a Course Marshal, as applicable. Generally, groups of more than four players are not permitted.

32 Cancellation

32.1 Notice must be given to the Golf Operations Team of the cancellation of a tee time as early as possible but no later than eight (8) hours before the scheduled tee time so that someone else may be able to use the tee time. Failure to cancel a tee time as required may result in a full cancellation fee being charged to the Member’s account to compensate the Operator for the additional administrative burden of managing tee times and playing groups due to such cancellations.

33 Pace of Play

33.1 All golfers are asked to maintain a reasonable pace and should play to complete the Golf Course within the time limits posted on the Club App. If a group falls behind by one clear hole, please speed up or let the group behind you play through. All players who stop for any reason after playing nine (9) holes must occupy the next tee before the following players arrive at the tee or they will lose their position on the Golf Course.

33.2 Slow Play is not acceptable. A standard 18 holes should take no longer than 4 hours 20 minutes (weather and conditions aside). Members must strive to keep to the pace of play of the group in front of them by moving quickly to their ball and be ready to play once clear. The Course Marshal carries the full authority of the Operator and if the Course Marshal directs a group of players to speed up their pace of play the Marshal’s instruction are to be complied with.

33.3 Failure to comply with a direction from the Course Marshal may, at the Course Marshal’s discretion, result in disqualification and/or a direction to leave the Golf Course.

41 Lightning

41.1 Players are expected to exercise reasonable prudence and common sense when severe weather (e.g. thunder or lightning) is reported or observed in the area. Players should familiarise themselves with the Golf Club’s Extreme Weather Policy, which includes the policy in relation to lightning.

42 Handicaps

42.1 Handicaps are computed under the supervision of the Club in accordance with the current GA handicap system. Members are responsible for the accurate posting of their scores following each round of golf. All scores are subject to review by the Golf Operations Team to determine any violations.

43 Junior Play

43.1 The Operator wishes to encourage junior play but reserves the right to establish additional Policies relative to junior play, as it may deem necessary. Unless golfing privileges have been granted to the junior golfer by the Operator, junior golfers must play with an adult and should be at least fourteen (14) years old. Juniors are expected to follow the Rules and Regulations and etiquette of golf and conduct themselves in an appropriate manner.

44 Golf Carts

44.1 Members, Guests and Casual Players must use golf carts for hire at the Club. The golf cart hire fee for fully paid-up Members is included in their Membership Fee.

44.2 Privately owned electronic or manual pull buggies are not acceptable.

44.3 Residents of Palm Lake Resort Pelican Waters who are Members must use their private golf carts or pay the hire fee for the use of a Club golf cart.

44.4 Walking the Golf Course is not permitted unless prior consent has been obtained from the Golf Operations Team.

45 Rules and Regulations for Operation of Golf Carts

45.1 The Operator maintains a fleet of golf carts for use only on the Golf Course and practice areas while playing. The use of these golf carts is subject to the following rules and regulations:

(a) Members are strictly responsible for their guests, their families, and their own safe operation of the golf carts so as not to interfere with fellow players’ enjoyment of the game and always guard against injury to persons or damage to property, especially the playing surfaces of the Golf Course.

(b) The Operator assumes no responsibility for accidents or damage caused by golf carts. Members shall be responsible for any damage, including misuse, to their assigned golf cart or a golf cart assigned to their guest(s) and damage to any equipment on the golf carts or damage to the Club’s property caused by themselves, their family or their guest(s) while operating a golf cart.

(c) Reckless driving or violation of Golf Course Rules and Regulations may result in forfeiture or suspension of the privilege of golf cart usage and the privilege of playing golf on the Golf Course.

(d) Golf cart drivers shall always observe safe driving procedures and must observe and obey signs, stakes, and other markers used to guide golf carts, and shall stay on golf cart paths where they are provided, and without exception, on Par3 holes.

(e) No more than two players and two bags shall be permitted on any golf cart. For the safety of infants and small children under the age of Fourteen (14), they are not permitted to ride in any golf cart, except when accompanied by an adult Member, and with the express permission of the golf shop personnel.

(f) A Golf Cart must not be operated or parked within ten (10) metres of any tee, green, bunker (or their shoulders), or beyond designated markers.

(g) Golf carts must not be parked on property outside the Club.

(h) Every effort should be made to avoid bare spots, wet or soft areas, and areas under repair.

(i) Golf carts must never be driven through a hazard.

(j) After use, golf carts must be returned to the staging area and any malfunctions and needed repairs reported to the golf shop.

(k) Only persons over seventeen (17) years of age and holding a valid driver licence may operate a golf cart on the Facilities at any time, otherwise a licence to operate a golf cart on the Facilities (Cart Licence) may be granted to a person by the Golf Operations Team (in their absolute discretion) where:

(i) The person is at least seventeen (17) years of age; and

(ii) The parent or legal guardian of the person (if the person is younger than eighteen (18) years of age has granted in writing their permission for the issuance of a Cart Licence and its use.

(l) Members and their guests will use and operate Club owned golf carts subject to the terms and conditions of any golf cart agreement between the Operator and the Member.

(m) Club owned golf carts are only for use on the Golf Course and the transportation to and from the practice range and are not to be driven to homes on streets.

(n) Members shall be responsible and liable to the Operator and the owner for the cost of all repairs and damages to the Club owned golf carts caused by themselves, Member’s family or their guests, including any personal injury or property damage occasioned by their negligent or inappropriate operation of a golf cart by themselves, members of their family or guests.

(o) It is mandatory that all Members, Guests and Casual Players sign the club’s standard form of agreement covering the operation of any club owned golf cart prior to its use on the Golf Course or other club premises.

(p) No more than two golf carts are allowed in any one playing group (unless it is an approved private cart).

46 Private Golf Cart Rules

46.1 Residents of Palm Lake Resort Pelican Waters who are Members of the Club or who have a current complimentary golf offer to access the Golf Course and Facilities must operate their own golf carts on the Golf Course, subject to the following rules and regulations:

(a) All Residents using privately owned golf carts on the Facilities may be required to sign an agreement covering the use of their golf carts, prior to such use commencing on the Facilities.

(b) All Residents must book and register their golf cart with the Golf Operations Team before entering the Golf Course.

(c) Residents must display the registration sticker or villa number provided on their golf carts.

(d) The Operator will not accept responsibility for any damage incurred to Residents’ property (including their golf cart) or equipment whilst on the Facilities.

(e) All motorised carts must be electric powered only and conform to the Operator’s requirements from time to time, including any provision of these Rules and Regulations.

(f) The use and operation of all golf carts is at the risk of the users. Members and other users, as a condition of such use:

(i) indemnify and hold indemnified the Operator, its employees, agents, contractors and other persons under its control (together called “Operator Personnel”), from and against all liabilities whatsoever arising out of the users’ operation of golf carts;

(ii) to the fullest extent permitted by law, release the Operator from liability for any loss, damage, injury, or death that users may suffer from operating golf carts.

(g) In this rule 46, “Resident” means an owner or occupier of a lot in the surrounding Palm Lake Resort Pelican Waters Residential Estate.