Ownership and Operation Of Club Facilities
Red Stag National, LLC, a private Club, and/or its subsidiaries and affiliates (referred to herein as the “Club”), controls and operates all of the Club Facilities and manages and controls the Club.
Club Documents
The Club Owner will adopt and amend from time to time rules, policies and other requirements for membership and for the use of the Club Facilities (collectively the “Traditions”), and all memberships shall be bound by such Traditions. Privileges and obligations of membership, including use of Club Facilities by the Member’s Family and guests, are set forth in the Agreement and in the Club’s Membership Plan and Traditions that may be amended from time to time (collectively, the “Club Documents”).
Membership Classifications
The Club currently offers a Resident Membership and a National Membership.
Financial Obligations
Membership Deposit: Members are required to pay a Refundable Membership Deposit as set forth in the Membership Plan.
Dues, Fees, And Charges: The Club will determine the amount of dues, fees, and charges (collectively, “Financial Obligations”) to be payable by the Members each year. Dues are billed annually by December 31st and due annually on January 20, unless otherwise determined by the Club from time to time. If any Financial Obligations are not paid by Member on a timely basis, Member may be charged interest and late fees in accordance with the Club Documents and shall be subject to suspension of privileges or expulsion for repeated delinquency.
Resignation: A Member may resign effective December 31 by submitting to the Club a fully executed Resignation Notice on a form provided by the Club not later than October 1 of that year, any given year of Member’s intent to resign at the end of the calendar year.
Transfer on Death: Upon the Member’s death, and provided Member has executed and delivered proper paperwork confirming Member’s intention, Member’s membership may be transferred to the Member’s then-current Spouse if the Spouse is qualified for and has been approved for membership.
Memberships At The Club Are Offered Only For Recreational Purposes: Member represents and warrants to the Club that Member is acquiring the membership solely to enjoy the social and recreational privilege and benefits of membership, including use of the Club Facilities and social interaction with other Club Members. Acquisition of membership is not made as an investment or with the expectation of obtaining a profit from the membership.
Member Is Not An Owner: Membership in the Club is a license to use the Club Facilities and does not represent an ownership interest in the Club, the Club Facilities or the Club Owner. Members will not have a vote or any right to control the Club’s operations. The Parties agree that membership does not confer upon Member any ownership, interest, or rights of any nature in the Club Facilities or any other Club assets or assets owned by Club Owner.
Assumption of Liability: Member understands that any use of the Club Facilities by Member, Family or guests is done at their own risk, and the Club is not liable for personal injury, theft, or loss of personal property.
Release and Indemnity Agreement
Activities and Risks: The use of the Club Facilities (including, without limitation, golf course, cottages, food and beverage outlets, clubhouse, restrooms, showers, various buildings, driveways, parking areas, and the driving range), and participation in golf, golf instruction, golf tournaments and other activities, services and programs or events organized by the Club, including the game of golf (including the risks of errant golf balls, use of golf equipment and golf carts) (the “Club Activities”), exposes Member to numerous inherent, latent and/or obvious risks that could result in serious physical and emotional injury, death, property loss and other damages (collectively, the “Risks”). The Risks may be increased by Member’s state of fitness and health (including physical, mental and emotional), Member’s consumption of alcoholic beverages, Member’s medication, and the amount of skill, care and attention Member brings to the Club Facilities and Club Activities. These Risks are inherent in Member’s participation in Club Activities and they cannot be eliminated without altering the nature of the experience or altering the event. The Club and its employees, contractors, visitors, guests, and other people present may act carelessly, negligently or engage in other wrongful conduct. Equipment may malfunction. The Club may fail to, or inadequately, warn Member of certain risks. Member understands the Risks associated with participation in any use of the Club Facilities and/or participation in Club Activities.
Assumption of Risks: Member, to the maximum extent allowed by law, understands, acknowledges and assumes all Risks involved in using the Club Facilities and/or participating in any Club Activities whether described in this Agreement or not. Member understands the Risks and chooses to participate. Member’s participation is voluntary.
Release: In exchange for the Club granting Member, and any guest or minor child present under or through Member’s membership, access to the Club Facilities and Club Activities, Member personally and on behalf of Member’s Family (including any minor child under or through Member’s membership) hereby, to the fullest extent permitted by law, releases the Club and each of its agents, officers, owners, managers, employees, representatives, instructors, contractors, and affiliates (collectively, the “Released Parties,” or “Released Party” when singular) from any and all liability whatsoever including, without limitation: (a) for claims, rights, demands, causes of action, or liability for personal injuries, emotional injury, physical or mental illness, death, economic losses, property damage, and/or other damages that may result from participating in the Club Activities and/or the use of the Club Facilities and/or equipment; (b) for any or all Released Party’s negligence; and (c) any of the Risks identified in this Agreement.
Disclaimer of Liability: THE CLUB EXPRESSLY DISCLAIMS LIABILITY FOR ANY INJURIES SUSTAINED BY USE OF THE CLUB FACILITIES OR WHILE ON CLUB PREMISES AND/OR BY PARTICIPATING IN CLUB ACTIVITIES. MEMBER FOR THEMSELVES, THEIR FAMILY AND THEIR GUESTS, ACKNOWLEDGES AND ACCEPTS THESE RISKS.
Indemnity: MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS AND DAMAGES ARISING IN ANY WAY FROM MEMBER’S USE and/or ANY GUEST’S OR FAMILY MEMBER’S USE OF THE CLUB FACILITIES and/or PARTICIPATION IN THE CLUB ACTIVITIES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CLUB. MEMBER EXPRESSLY ACKNOWLEDGES THAT THIS PROVISION OBLIGATES THEM TO (A) RETAIN AND TIMELY PAY FOR DEFENSE COUNSEL SELECTED AND RETAINED BY THE RELEASED PARTY OR PARTIES DURING ANY ATTEMPT TO RESOLVE ANY DISPUTE, WHETHER PENDING IN ANY COURT, BEFORE ANY ONE OR MORE ARBITRATORS, AND/OR DURING INFORMAL DISPUTE RESOLUTION EFFORTS, AND (B) TO PAY ANY AWARD OR JUDGMENT ISSUED AGAINST ANY RELEASED PARTY OR PARTIES.
Public Policy: If any of the provisions herein are deemed unenforceable as contrary to public policy, the Parties hereto nevertheless intend for the remainder of this Agreement to be enforceable, and enforced, by its terms.
Member Acknowledgement
Club Directory: Members of the Club have access to the annual membership directory publication and may access the online Club roster through the Club members-only website. This roster lists Members’ names, email address and phone numbers and may only be accessed by current registered Club members using a username and password. Initial below to consent.
Members Not Owners: Membership in the Club does not give a Member an equity or ownership interest in the Club or the Club Facilities or a vested or prescriptive right or easement to use the Club Facilities. A Member acquires only a revocable license to use the Club Facilities in accordance with this Agreement and the Traditions (as the same may be amended from time to time by the Club).
Terms and Conditions
Applicant understands that providing information in this Membership Agreement that is materially false or misleading, or failing to disclose pertinent information relevant to this Membership Agreement, is grounds for automatic disqualification and disapproval of this Membership Agreement or, if this Membership Agreement is approved, suspension or termination of the use of the Club Facilities.
Applicant acknowledges and agrees that the Club’s decision regarding approval or disapproval for membership in the Club shall be final and that no reason will be given for the action taken.
Applicant hereby expressly waives any claims, rights, and causes of action that Applicant has, may have, or could have against the Club, its agents and members arising from disapproval for membership in the Club. A signed copy of this Membership Agreement may be pled as and constitutes a complete defense to any action brought by or on behalf of Applicant in violation of this provision and the Club may recover from Applicant, and Applicant agrees to pay to Club, all costs and expenses, including reasonable attorney’s fees, which the Club may incur as a result of Applicant’s violation of this provision.
If Applicant is not approved for membership in the Club, then any amount paid by Applicant will be refunded to Applicant without interest within fifteen (15) days of the Club’s notice to Applicant of such determination.
In the event of any dispute, claim or other matter of disagreement arising out of, or otherwise in connection with, this Membership Agreement or membership in the Club other than a disciplinary matter for Applicant’s failure to comply with the Club Documents or pay any amount owed to the Club (a “Dispute”), Applicant acknowledges and agrees that the Dispute will be resolved solely by binding arbitration to be held in Indiana before one (1) arbitrator, in accordance with the applicable Rules of the American Arbitration Association, and the prevailing party shall be awarded reasonable attorney’s fees and costs as determined by such arbitrator. Additional policies or requirements regarding dispute resolution may be added to the Plan and/or Traditions and modified from time to time in the Club’s discretion.
The Club retains the right to terminate a member’s membership or membership privileges if the member violates the Club Documents or fails to timely pay their Financial Obligations.
Applicant agrees that all rights and privileges of membership in the Club are expressly limited by, and subject to, the Club Documents and agrees to fully substitute the membership privileges acquired pursuant to this Membership Agreement for any and all present and prior rights or privileges Applicant may have in connection with membership in the Club.
