PHEASANT GLEN GOLF RESORT CLUB
MEMBERSHIP PLAN
EFFECTIVE JANUARY 1, 2007
GENERAL DESCRIPTION OF CLUB MEMBERSHIP PLAN
PURPOSE OF CLUB
This Membership Plan offers you an opportunity to acquire
a membership in Pheasant Glen Golf Club (the "Club").
The Club is a private club offering golf and social facilities
located in Qualicum Beach, British Columbia, Canada.
CLUB FACILITIES
The facilities of the Club are owned by Clan Oil Inc., a Saskatchewan
corporation and operated by Pheasant Glen Golf Resort (the "Company").
Facilities include an 18 hole golf course, practice facilities
with a greenside sand trap and putting greens, a
restaurant/bar, and a golf pro-shop (collectively, the "Club Facilities").
The Club Facilities and the Club will be operated and managed by the
Company directly or through its agent. The Company is
under no obligation to add additional facilities and may
change, from time to time, the facilities which are or may
be available for use at the Club.
MEMBERSHIP PRIVILEGES
Membership in the Club is an opportunity to belong to a
private club providing golf facilities. Each
member will be entitled to use the Club Facilities in
accordance with the privileges granted by his or her
membership.
INFORMATION
No person is authorized to make any representations or
to provide any information with regard to the Club or the
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memberships in the Club contrary or in addition to the
information contained in this Membership Plan and the
Club Rules.
FOLLOW THESE
PROCEDURES TO APPLY
FOR MEMBERSHIP
APPLICATIONS MUST BE
MAILED OR DELIVERED TO
MEMBERSHIP DIRECTOR
An applicant must mail or deliver to the Company a fully
completed and signed Application for Membership and
Agreement, and a cheque payable to Pheasant Glen Golf Resort in Canadian
funds for the amount of the Initiation Fee then due.
REVIEW OF APPLICATION
WITHIN THIRTY DAYS
Within thirty (30) days after receiving the Application for
Membership and Agreement, and the required Initiation
Fee, the Company will determine, subject to any
applicable law, whether the applicant has satisfied the
relevant conditions of the membership. If the Company
determines that the applicant has satisfied those
conditions, the Company will notify the applicant in
writing that the application has been accepted. However,
if the Company determines that the applicant has not
satisfied the membership requirements, then the
Company will notify the applicant that the application has
not been acted upon favorably and will return the
applicant’s Initiation Fee without any interest thereon.
The Company retains the right to decline any application for
membership at the Company’s sole discretion.
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INITIATION FEES REQUIRED TO PURCHASE
A MEMBERSHIP
To acquire a membership, the applicant shall pay an
Initiation Fee to the Company. The amount of the
Initiation Fee will remain in effect until increased or
decreased, from time to time, by the Company. The
applicant, if accepted for membership, will be issued a Membership
entitling the Member to pay Annual Dues (Yearly Playing Privilege Fee)
for golf privileges. If the application is rejected the whole of the Initiation
Fee will be refunded without interest.
MEMBERSHIP DIRECTOR AVAILABLE TO ANSWER INQUIRIES
Should you have any questions concerning the membership opportunities available at
Pheasant Glen Golf Club or this Membership Plan, please contact the Manager at
Pheasant Glen Golf Club.
You may call or visit at the Golf Shop.
DESCRIPTION OF CLUB FACILITIES
THE CLUB FACILITIES INCLUDE GOLF, SOCIAL,
AND RELATED RECREATIONAL FACILITIES
The Company will provide Club members with golf, social,
and related recreational facilities. The Club Facilities
include an 18 hole golf course, practice facilities
with a greenside sand trap and putting greens, dining facilities,
a bar, and golf pro shop.
The Company will maintain the Club Facilities in good
condition and working order, ordinary wear and tear
excepted. The Company is under no obligation to add
additional facilities and may change, from time to time,
the facilities which are or may be available for use at the Club.
MEMBERSHIPS
Golf Memberships will continue to be offered in
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the Club. A limited number
of Life Memberships may also be issued.
PLAYING PRIVILEGES
Upon payment of the required Initiation Fee and the
applicable dues, members will be entitled to the following
rights of access to and use of the Club Facilities:
GOLF MEMBERSHIP
A Golf Membership is a non-transferable membership which
entitles the member to use all of the golf and clubhouse
facilities provided the member pays the required annul dues each year.
Members shall be entitled to use the golf
facilities with a 14-day advance booking privilege.
The Company has the right from time to time to amend
the booking privilege of Members to play golf and to
limit Members’ use of other facilities, including, but
not limited to, the driving range during certain periods.
MEMBERSHIP RIGHTS
The Company reserves the right, from time to time, to
modify playing privileges, to establish different categories of
membership, and to establish rules governing access,
booking privileges, and starting times with respect to the
golf course and other recreational facilities of the Club;
provided, however, that the Members will always have
full playing privileges, booking priority and access
to the golf facilities.
DEATH OF A MEMBER
If a membership has been issued only in the name of one spouse
and such spouse dies, the surviving spouse of the deceased member may
file a new application for membership in the Club
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requesting that the deceased member’s membership be
transferred to the spouse. Such request must be made,
if at all, within ninety (90) days following the member’s
death. Provided the spouse would otherwise qualify for
membership, as determined by the Company at its sole discretion,
and the deceased member’s Club account is current, the
membership shall be transferred and issued in such
spouse’s name, without any additional payment to the
Company, and the spouse will thereafter be entitled to all
privileges of the membership so acquired.
INITIATION FEE
No Initiation Fee will be refunded to a member or his
Heirs under any circumstance, except that the Company retains the right to make any
refund the Company, at its’ sole discretion deems appropriate.
This right is for the sole benefit of the Company.
PAYMENT OF DUES BY
MEDICALLY UNFIT MEMBER
A member who has requested his or her membership in the
Club be temporarily suspended due to medical afflictions
will continue to be obligated to pay all dues and other charges required by the Company.
The Company retains the right to make any reduction in Annual Dues the Company, at
its’ sole discretion deems appropriate. This right is for the sole benefit of the Company.
CHANGE OF ADDRESS
If a member is transferred or moves to a permanent residence not located on Vancouver
Island during a membership year,
the resigned member will be entitled to a refund of a
prorata portion of any dues paid in advance.
OUTSIDE RIGHTS TO USE CLUB FACILITIES
The Company is entitled to reserve Tee times for public play.
The Company may permit public access to the
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restaurant and other Club Facilities for as long
as, and to the extent that, the Company deems such
public access appropriate.
The Company may also make all or portions of the Club Facilities
available to nonmembers, on an exclusive or nonexclusive basis, for
promotional, public relations, or community purposes, as
part of special functions sponsored or sanctioned by the
Company, and to other guests, business clients, consultants, advisors,
and employees of the Company or of its executive personnel.
ANNAL DUES AND ASSESSMENTS
MEMBERSHIP YEAR JANUARY 1 TO DECEMBER 31
The Club’s membership year constitutes the 12-month period
commencing January 1, and ending on the following December 31.
PLAYING PRIVILEGE DUES SET PRIOR TO EACH
MEMBERSHIP YEAR
Each year the Company will determine the amount of
dues, fees, and other charges to be payable for the next
membership year.
The amount of dues to be payable by members may be set at
the level deemed appropriate by the Company.
Dues are payable in advance, on or before the first day
of the first month of the membership year (Jan. 1). Each
member shall be legally and financially responsible for
his or her acts or omissions.
The failure of any member of the
Club to pay the required dues, fees, or other charges
within the prescribed time period will constitute grounds
for forfeiture of such member’s membership in the Club.
NO ASSESSMENTS FOR CAPITAL IMPROVEMENTS
Members are not subject to any assessments for capital improvements.
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CONTROL OF CLUB OPERATIONS
MANAGEMENT AND CONTROL
OF CLUB FACILITIES AND
OPERATION OF CLUB
The Company or its agent will manage and operate the
Club Facilities. The Company will be responsible for the
administration of the Club and will have the exclusive
authority to accept members, establish rules and
regulations, and, in general, manage and control the
affairs of the Club. The Company will also be entitled to
retain any profits from the operation of the Club.
The members of the Club shall be entitled to the rights
and privileges set forth in this Membership Plan for a
period of one (1) year from the date of acceptance as a
member and payment of all fees, and said membership may be renewed
annually by the payment of the annual fees subject to
modification or termination as permitted herein.
MEMBER’S COMMITTEE
A Member’s Committee has been
established to serve as a liaison between the Company
and the members of the Club (the "Member’s Committee").
The Member’s Committee shall only advise and counsel and
will have no management authority. The Company will
meet on a periodic basis with the Member’s Committee to
discuss the operation of the Club.
In 2008 the Members may select the Members Committee.
Selections of Member’s Committee members shall occur
annually.
Beginning in 2008 and each year thereafter, the members of the Member’s Committee
shall be selected to serve a 2-year term, except that in 2008, one half of the members
shall be selected to serve only a 1-year term.
In 2009 and thereafter, selections shall continue to be held on an annual basis,
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but only one half of the members shall be elected annually to fill
membership terms expiring that year. In case a vacancy in the Member’s Committee
arises between the annual selections, the remaining members of the Member’s
Committee shall fill the vacancy by selecting, on the basis of a majority vote, one of the
other members of the Club to serve on the Member’s Committee until the next annual
election, at which time, if there is a portion of the term for
such membership still unexpired, the Members will also select an additional member of
the Member’s Committee to complete the unexpired portion of the
term.
Beginning in 2008, the Chair person of the Member’s Committee shall sit as the
Members representative on the Membership Committee which shall also have two
members appointed by the Company.
MODIFICATION OF MEMBERSHIP PLAN
COMPANY MAY AMEND
TERMS OF MEMBERSHIP PLAN
The Company reserves the right to waive or modify the
terms of membership or make any other changes in this
Membership Plan from time to time as may be
determined in the sole and absolute discretion of the
Company.
GENERAL CONDITIONS OF MEMBERSHIP
CLUB FACILITIES ARE OWNED BY THE COMPANY
The Company is the sole owner of the Club Facilities.
Membership in the Club is not an investment in the Club
nor does it provide an equity or ownership interest in the
Club or the Club Facilities. Membership in the Club does
not confer upon any member a prescriptive right or
easement in the Club Facilities. The Company reserves
the right from time to time to restrict or to otherwise
reserve the Club Facilities for maintenance, tournament
play, and special events.
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TRANSFER OF CLUB FACILITIES
If at any time the Club Facilities are transferred, the
Company shall be released from any and all liabilities
with respect to the Club, the Club Facilities, and this
Membership Plan, including, but not limited to, the
responsibility to maintain the Club Facilities.
The Company agrees to use its’ best efforts to ensure
the transferee assumes all such liabilities. The Company may also assign
to any such transferee of the Club Facilities all of the
Company’s rights under this Membership Plan and the
General Club Rules. At the time of such transfer, the Company and
specifically Clan Oil Inc., shall be released from any and all obligations.
GENERAL CLUB RULES
Members will be required to comply with the General Club
Rules, as such Rules may be modified from time to time
by the Company. Prospective members should review
these Rules. A membership may be suspended or
terminated if the member engages in conduct which,
in the sole opinion of and at the sole discretion of the
Company is deemed to constitute grounds for suspension,
revocation or termination.
EXISTING MEMBERSHIPS
The memberships at the Club, active as of December 31, 2007
shall continue, subject to the terms, conditions, and restrictions recited herein.
AFFIRMATION OF OFFER
The Member agrees to be bound by the terms and conditions of this
Membership Plan. By paying my annual dues for the year 2008, I acknowledge
that I have read and accepted and agreed to the terms of the
Membership Plan as published.
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