|
|
Terms & Conditions
GENERAL
ASSOCIATE CLUB BENEFIT TERMS AND CONDITIONS
Conditions of
Participation
Members in good standing at their Home Club will be afforded
Associate Club Program privileges based on the level of their
Associate Club benefits. There are currently five categories of
benefits: (i) Signature Gold; (ii) Associate Gold; (iii) Associate
Plus; (iv) Associate Silver; and (v) Associate Bronze. Benefits are
administered by ACI. Participants at each level will receive an
Associate Club membership card appropriate for their benefit level.
All participants must present their Associate Club membership card
and picture identification to gain access to Associate Clubs. All
Associate Club privileges, benefits and fees are subject to change
from time to time and may vary from club to club and from resort to
resort.
ACI reserves the right to charge participation fees and/or monthly
dues to individual participating Associate Clubs in exchange for
permitting the Associate Clubs to offer Associate Club benefits to
their members. Associate Clubs may in turn charge fees or dues to
those members who elect to participate, as determined in accordance
with these Terms and Conditions. ACI also reserves the right to
restrict the participation in certain categories of benefits to only
those members of the Home Club who pay a required minimum “base
dues” for their Home Club level of membership or to only those
members who hold a certain minimum type or category of membership in
their Home Club as determined by ACI. In addition to these
requirements, ACI may require additional monthly dues for certain
benefit levels. The amount of any fees or dues charged are subject
to increase from time to time, in the sole discretion of ACI. By
participating in the Associate Club benefits, Club members agree to
pay all fees and or dues charged by their respective Home Clubs. For
purposes of this Agreement, a "Home Club" is the Associate Club at
which a Club member's membership is located. Participants are
entitled to participate in Associate Club Program benefits at their
applicable level, but do not hold “memberships” in ACI or any of the
Participating Clubs other than the participant’s Home Club.
Participants may not, therefore, participate in the Associate Club
Program in multiple levels that would increase any of the maximum
tee times, meals, or other benefits described in the applicable
categories of participation set forth below. A person or entity
cannot participate in the Associate Club Program, at any benefit
level, more than once, regardless of the number of Home Club
memberships such person or entity may own, and/or regardless of the
number of different Home Clubs to which a person or entity may
belong. In this context, a “person” includes any spouse or other
person entitled to usage of a Home Club membership titled in the
name of another person.
The Associate Club benefit provides participating members with
social privileges on a space available basis at participating
Associate Clubs which are outside the non-resident radius of the
participating member’s Home Club and at Clubs in which the
participating member’s place(s) of residence and business fall
outside those Clubs’ radius restrictions. ACI retains the right, in
its sole discretion, to determine whether a participating member is
maintaining a “residence” at a particular location or locations. The
intent of the Associate Club Program is to allow participating
members to participate in benefits while traveling away from home.
To enforce this intent, ACI may in its discretion restrict the use
of program benefits by participating members in certain areas,
including but not limited to areas where they own or maintain
vacation properties, second homes, rental properties or other
properties that can or may be used as dwellings. ACI’s determination
as to whether a participating member is maintaining a “residence” in
a location or locations will be consistent with this intent.
Social privileges generally include access to dining privileges, but
do not include access to golf, tennis or athletic facilities. Each
participating member agrees to abide by the rules and regulations of
the Associate Club he or she is visiting. Each Associate Club
reserves the right to refuse access to any participant that it deems
to have violated or be in violation of any of its rules and
regulations or other codes of conduct. Associate Club benefits are
nontransferable, and may not be offered, assigned or in any way
transferred to any other person.
For Associate Club benefit levels which include access to golf,
tennis, athletic facilities and/or complimentary dining,
participants are afforded privileges in Clubs as listed in the
Associate Club roster as it appears in the most current issue of
Private Clubs magazine. Clubs are subject to change without notice.
Participating Associate Clubs may be added or removed from time to
time. There is no guarantee that a specified number of Clubs or that
specific Clubs will always participate in the Associate Club
Program. A current issue of Private Clubs magazine may be obtained
through the ClubLine at 800-433-5079, or via the Internet at
ClubLine.com.
Associate Club benefit participants must make tee time reservations,
court reservations, dining reservations and any other necessary
arrangements in advance through the ClubLine to ensure availability
and receive appropriate privileges. At most Associate Clubs, two tee
times are set aside daily for Associate Club benefit participants.
Participating Associate Clubs reserve the right to limit or restrict
tee times. ACI makes no guarantees or representations regarding the
availability of tee times. All tee times are provided on a space
available basis only, first come, first serve. Except as otherwise
noted herein, all Associate Club benefit participants are
responsible for payment of charges incurred through usage of their
Associate Club benefits, including any applicable sales taxes or
other surcharges which may apply. Associate Club benefits, including
complimentary golf and complimentary dining, are not available as
part of a Group Booking. ACI may determine in its discretion whether
a request constitutes a “Group Booking,” but at a minimum a “Group
Booking” is defined as any single ClubLine booking which requires
two or more tee times at one Associate Club on the same date, or any
dinner reservation that requires service for more guests than can be
accommodated by a standard “ten-top” table. Notwithstanding the
foregoing, participants in certain benefit categories may be
entitled to utilize privileges as part of a Group booking, as set
forth herein below.
In the event of any claim, dispute or cause of action of any kind
arising under or in any way relating to these terms and conditions,
or to the participation of any member in any Associate Club Program,
the amount of damages suffered by any participating member shall be
limited to an amount equal to the amount of dues paid by that member
for his or her Associate Club level of benefit, if any, during the
12 months immediately preceding the events giving rise to the cause,
claim or dispute. All parties to this Agreement agree that damages
suffered by an individual participating member under these terms and
conditions would be difficult to ascertain with any certainty, and
further agree that the above statement of liquidated damages
represents a fair resolution of any claims, disputes or causes of
action that a participating member may have now or in the future.
Signature Gold Benefit
There are three categories of participation in the Signature Gold
benefit: (a) Signature Gold Golf, (b) Signature Gold Dining, and (c)
Signature Gold Unlimited. Participation in each category requires an
upgrade to the Signature Gold level, and each of the Signature Gold
categories are unavailable to persons with Associate Gold (including
persons designated as “Founding” Associate Gold), Associate Plus,
Silver or Bronze benefits, who have not upgraded to the Signature
Gold level.
Signature Gold Golf
In addition to the social privileges described above, the Signature
Gold Golf benefit provides participants with golf, tennis, and
athletic privileges on a space available basis at participating
Associate Clubs and selected golf courses located at participating
Associate Clubs ("Signature Gold Golf Clubs"). The participating
Associate Clubs and Signature Gold Golf Clubs are noted in the
roster which can be obtained as described above. Privileges include
two rounds of golf per membership, per 30 day period, per
participating Associate Club and/or Signature Gold Golf Club, at no
greens fees. These two rounds per membership may be used by either
the Signature Gold Golf participant, or the participant’s spouse, in
any combination. All rounds reserved by Signature Gold Golf
participants may be reserved up to fourteen (14) days in advance.
Prior to September 1, 2003, a Signature Gold participant may enroll
his or her spouse in the benefit by paying additional monthly dues,
as determined by ACI; a participating spouse enrolling prior to
September 1, 2003 will also be eligible to play two rounds of golf,
per 30 day period, per participating Associate Club and/or Signature
Gold Golf Club, at no greens fees. Neither the Signature Gold Golf
individual participant nor participating spouse may personally
exceed two rounds per 30 day period, per participating Associate
Club or Signature Gold Golf Club. If a Signature Gold participant or
a participating spouse exceed two rounds per Associate Club and/or
Signature Gold Golf Club per 30 day period, each additional round
will require the payment of a greens fee or other fee as determined
by the participating Associate Club and/or Signature Gold Golf Club.
Certain selected domestic Associate Clubs and/or Signature Gold Golf
Clubs participating in the complimentary rental club program, shall
provide, on an available basis, a courtesy set of golf clubs for use
by Signature Gold participants, at no additional fee. Signature Gold
Golf participants will be responsible for payment of any additional
fees incurred for golf, tennis or athletic privileges, other than
greens fees, including but not limited to all cart fees. Waiver of
greens fees applies only at certain Associate Clubs and Signature
Gold Golf Clubs and may not include certain resort properties.
Signature Gold Golf participants may convert to Signature Gold
Dining privileges for a conversion fee of one-thousand dollars
($1000.00). Upon conversion to Signature Gold Dining, all Signature
Gold Golf privileges will be terminated.
Members previously designated as Founding Associate Gold
participants (see Associate Gold benefit, below) who elected to
participate in the Signature Gold Golf benefit prior to July 1,
2001, were re-designated as Founding Signature Gold Golf
participants. Upgrade fees may have been waived for Founding
Signature Gold Golf participants, and Founding Signature Gold Golf
participants' monthly dues will not increase above twenty dollars
($20.00) for the period in which the member participates in the
Signature Gold Golf benefit. In the event that a Founding Signature
Gold participant elected to enroll his or her spouse in the benefit,
prior to July 1, 2001, the additional dues charged for the Founding
Signature Gold participant's spouse will not be subject to increase;
in the event a Founding Signature Gold participant elected to enroll
his or her spouse after July 1, 2001, the spouse will be subject to
increases in dues from time to time, as determined in the sole
discretion of ACI. Should the Founding Signature Gold Golf
participant wish to convert to Signature Gold Dining, he or she will
be subject to the monthly dues currently in effect for the Signature
Gold Dining benefit at the time of conversion, even if such dues are
greater than $20.00 per month; provided however that such
participant shall not be subject to any future increases in
Signature Gold Dining monthly dues which may occur following his or
her conversion. Should the Founding Signature Gold Golf participant
wish to convert to Signature Gold Unlimited, his or her monthly dues
for the Signature Gold Golf component will not increase above twenty
dollars ($20.00), and his or her monthly dues for the Signature Gold
Dining component shall be the amount of required monthly dues in
effect for the Signature Gold Dining benefit at the time of
conversion; provided however that such participant shall not be
subject to any future increases in the amount of monthly dues for
the Signature Gold Dining component which may occur following the
conversion.
Signature Gold Dining
In addition to the social privileges described above, the Signature
Gold Dining benefit provides participants with complimentary dining
privileges on a space available basis at participating business and
sports clubs (“Signature Gold Dining Clubs”). Signature Gold Golf
Clubs do not participate in the Signature Gold Dining benefit. The
participating Signature Gold Dining Clubs are noted in the roster
which can be obtained as described above. Privileges include two
complimentary meals per membership, per 30-day period, per
participating Signature Gold Dining Club. Each complimentary meal
includes one item per course, which includes appetizer, soup or
salad, entrée, dessert, regular coffee, tea or soft drink. Alcohol,
guest’s charges, tax and gratuity and/or service charge are not
included. The two complimentary meals per membership per 30 days may
be used by the participant, the participant’s spouse, or by the
participant and spouse in any combination. If the two complimentary
meals per membership per Signature Gold Dining Club per 30 day
period are exceeded, each additional meal will require the payment
of regular charges as determined by the participating Signature Gold
Dining Club. Signature Gold Dining participants will be responsible
for payment of any additional fees incurred for tennis or athletic
privileges; Signature Gold Dining participants will have no access
to golf benefits at any Associate Clubs. Complimentary dining does
not apply to groups, private parties, or special events.
Complimentary meals apply only at participating Signature Gold
Dining Clubs and may not include certain resort properties.
Participants who elect the Signature Gold Dining benefit level will
also be subject to a nonrefundable upgrade fee in the then
applicable amount established by ACI, plus any applicable sales tax.
The amount of any upgrade fee charged is subject to change. ACI
reserves the right to waive any applicable upgrade fees, in its
discretion.
Signature Gold Unlimited
Participants who elect the Signature Gold Unlimited benefit level
are entitled to all of the benefits of both Signature Gold Golf and
Signature Gold Dining, and are further subject to all restrictions
and obligations which apply to Signature Gold Golf and Signature
Gold Dining. A participant who elects the Signature Gold Unlimited
benefit level participates simultaneously in both the Signature Gold
Golf benefit level and the Signature Gold Dining benefit level,
under all of the Terms and Conditions set forth above for each
benefit, and for the Associate Club Program generally.
Additionally, members who participate in the Signature Gold
Unlimited benefit are entitled to the following privileges not
available under the Signature Gold Golf or Signature Gold Dining
benefits:
(a) Signature Gold
Unlimited participants may utilize privileges on a space
available basis at participating Associate Clubs which are
located within ACI’s imposed radius restrictions from the
participants’ place(s) of residence, which would otherwise be
restricted from usage under other Associate Club benefit levels
(“Restricted Clubs”). The usage of Restricted Clubs by members
with Signature Gold Unlimited benefits is limited to two (2)
total cumulative rounds and two (2) total cumulative meals per
thirty (30) days at participating Associate Clubs located in the
market in which the residence is located. So, for example, if a
particular market contains three participating Associate Clubs,
a Signature Gold Unlimited participant may enjoy a maximum total
of up to two complimentary rounds and two complimentary meals in
a thirty day period, spread amongst the three participating
Associate Clubs. Rounds and meals may be allocated among
participating clubs as determined by the participating Member,
subject to space availability. So, for example, a participating
Member could use one round at a certain club located within the
market, the second round at a second club within the market, and
both meals at a third club located within the market. Or, for
example, both rounds could be used at one club within the market
and both meals could be used at the second club—but then no
other clubs in that market could be used during that thirty day
period. The ability of the participant to allocate rounds and
meals among clubs within a market may be limited somewhat by the
type of clubs within the market. For instance, if the market
contains only one business club which participates in Signature
Gold Dining, then both meals would have to be at that club,
since the country clubs in that market will not offer
complimentary dining benefits. For purposes of this paragraph, a
“market” is intended to refer to a distinct geographical area
which may contain one or more participating Associate Clubs. ACI
will define the term “market” in its sole discretion.
Note: Signature Gold Unlimited participants may NOT under
any circumstances utilize program benefits at Associate Clubs
located within the radius restrictions of their primary
residence, Home Clubs or businesses. For purposes of this
paragraph, ACI shall determine, in its sole discretion, whether
a participant’s residence is his or her “primary” residence.
This determination will be made on a reasonable basis,
consistent with the intent of the Associate Club Program that
benefits are intended to be utilized by participants who are
traveling away from home.
(b) Signature Gold Unlimited participants may utilize their golf
privileges as part of a Group Booking for golf outings, provided
that such Group Booking requires two or fewer tee times at one
Associate Club on the same date. Such Group Bookings, when
reserved by Signature Gold Unlimited Participants, are referred
to as “back to back” bookings. Although Signature Gold Unlimited
participants may utilize their benefits to enjoy complimentary
tee times in such back to back bookings, members who participate
in any other category of Associate Club benefits who are part of
the same back to back booking may not utilize their
complimentary golf benefits in connection with the back to back
booking. So, for example, a Signature Gold Unlimited participant
may reserve a back to back booking which includes two foursomes;
if, of the eight players in the group, two are Signature Gold
Unlimited participants, four are Signature Gold Golf
participants, and two are Associate Gold participants, all eight
golfers may participate in the group, but ONLY the Signature
Gold Unlimited participants may use complimentary tee times for
the back to back booking.
(c) Rounds reserved by Signature Gold Unlimited participants may
be reserved up to thirty (30) days in advance, subject to space
availability; provided however, that at most participating
Associate Clubs, two tee times are set aside daily that can be
reserved no more than fourteen (14) days in advance. Only those
tee times set aside by participating Associate Clubs in
addition to two tee times per day, if any, may be reserved
by Signature Gold Unlimited participants up to thirty (30) days
in advance.
(d) Signature Gold Unlimited participants may provide friends,
family or associates with unaccompanied guest passes to be used
in any participating business or athletic Associate Club, up to
two (2) passes per club per thirty (30) days. Persons using the
unaccompanied guest passes are responsible for making payment
for all goods and services purchased at the participating clubs,
and for conducting themselves in accordance with the Bylaws of
the participating club visited. The Signature Gold Unlimited
participant shall be responsible for the conduct of said persons
and will make payment of any unpaid charges made by said
persons. The use of unaccompanied guest passes is subject to
space availability and to restrictions at each such Associate
Club regarding the total number of guest passes which may be
accepted during a given period.
(e) ACI reserves the right to create additional privileges,
rights, benefits and programs to be made available only to
Signature Gold Unlimited participants from time to time, in its
discretion.
Participants who elect the Signature Gold Unlimited benefit level
will also be subject to a nonrefundable upgrade fee in the then
applicable amount established by ACI, plus any applicable sales tax,
in addition to the upgrade fee required to participate at either the
Signature Gold Golf or Signature Gold Dining benefit level.
Participants who have previously paid an upgrade fee to participate
only at the Signature Gold Golf or Signature Gold Dining benefit
levels will be given credit for such upgrade fees already paid,
towards the Signature Gold Unlimited fee. The amount of any upgrade
fee charged is subject to change. ACI reserves the right to waive
any applicable upgrade fees, in its discretion.
Associate Gold Benefit
In addition to the social privileges described above, the Associate
Gold benefit provides participants who with golf, tennis and
athletic privileges on a space available basis at participating
Associate Clubs. The participating Associate Clubs are noted in the
roster which can be obtained as described above. Privileges include
two rounds of golf, per 30 day period, per participating Associate
Club, at no greens fees. Each additional round will require the
payment of a greens fee or other fee as determined by the
participating Associate Club. Associate Gold participants will be
responsible for payment of any additional fees incurred for golf,
tennis or athletic privileges, other than greens fees, including but
not limited to all cart fees. All rounds reserved by Associate Gold
participants may be reserved up to fourteen (14) days in advance.
Waiver of greens fees applies only at participating Associate Clubs
and may not include certain resort properties.
Members who elected to participate in the Associate Gold Benefit
prior to July 31, 1999, are designated as Founding Associate Gold
participants, and the upgrade fee may have been waived for these
members. Also, Founding Associate Gold participants' dues will not
increase above ten dollars ($10.00) for the period in which they
maintain their Associate Gold benefit. Members who elected to
participate in the Associate Gold benefit after July 31, 1999, may
be subject to periodic increases in dues. Founding Associate Gold
participants who wish to obtain Signature Gold Dining or Signature
Gold Unlimited privileges are subject to payment of all required
upgrade fees and all required monthly dues for such benefits which
may be in effect at the time such benefits are elected, even if the
required monthly dues are greater than $10.00; provided however, the
Founding Associate Gold participant would not then be subject to any
future dues increases for the category of Signature Gold benefit
that he or she has elected. The amount of any upgrade fee charged is
subject to change. No member may upgrade to or enroll in the
Associate Gold benefit after March 31, 2001.
Associate Plus
In addition to the social privileges described above, the Associate
Plus Benefit provides participants with golf, athletic and tennis
privileges on a space available basis at participating Associate
Clubs. The participating Associate Clubs are noted in the roster
which can be obtained as described above. Privileges include access
to a maximum of two rounds of golf, per 30 day period, per
participating Associate Club, at payment of fifty percent (50%) of
the then current greens fees ordinarily charged by the participating
Associate Club. Associate Plus participants will be responsible for
full payment of any additional fees incurred for golf, athletic or
tennis privileges, other than greens fees, including but not limited
to all cart fees. All rounds reserved by Associate Plus participants
may be reserved up to seven (7) days in advance. Reduction of greens
fees applies only at participating Associate Clubs. No member may
upgrade to or enroll in the Associate Plus benefit after December
31, 2007.
Associate Silver Benefit
In addition to the social, tennis and athletic privileges described
above, the Associate Silver benefit provides Members with golf
privileges, on a space available basis, at only those participating
Associate Clubs which are not designated for Associate Gold or
Signature Gold or Associate Plus Only in the current issue of
Private Clubs magazine. Associate Silver participants do not
have golf privileges at any Associate Clubs added to the Associate
Club roster after May 31, 1999. Associate Silver participants do
have social, tennis and athletic privileges at Associate Clubs added
to the Associate Club roster after May 31, 1999. Access to golf
privileges for Associate Silver participants may require the payment
of greens fees in certain locations. At participating Associate
Clubs that do not charge greens fees, each Associate Silver
participant is limited to a maximum of two rounds per thirty (30)
days per club without paying greens fees; each additional round will
require the payment of a greens fee or other fee as determined by
the Participating Associate Club. All rounds reserved by Associate
Silver participants may be reserved up to fourteen (14) days in
advance. Participating Associate Clubs reserve the right to charge
greens fees to Associate Silver participants in accordance with club
policy, at the sole determination and discretion of the club.
Participant will be responsible for payment of any fees incurred, in
addition to greens fees, including but not limited to all cart fees.
No member may upgrade to or enroll in the Associate Silver benefit
after May 31, 1999.
Associate Bronze Benefit
Members joining any Home Club in the ClubCorp family of clubs after
June 1, 1999 will be afforded Bronze Associate Club benefits for no
additional dues. The Associate Bronze benefit includes social
privileges, but does not include golf, tennis or athletic
privileges. Associate Bronze participants are encouraged to make
reservations for use of social facilities in advance through the
ClubLine to ensure availability. Participating Associate Clubs
reserve the right to limit or restrict availability of facilities
and there are no guarantees or representations regarding the
availability of facilities. |
|