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1.         REGULATION OF CUSTOMER RELATIONSHIP 

1.1       The following terms and conditions apply to all BGC customers:

(a)        BGC customers may use all of any Club’s facilities in accordance with and subject to the rules and regulations of the Clubs.  More specifically, BGC customers may access ClubLink Clubs to play golf, dine in restaurants, conduct meetings and enjoy other experiences for business entertainment purposes.  Group outings for greater than 16 delegates are subject to availability and require group function contracts.  Group outings require additional and separate funding over and above the annual BGC deposit. 

(b)        ClubLink shall be entitled to operate, maintain, repair, modify, expand, sell, dispose, lease, license or otherwise deal with the Clubs in its sole and absolute discretion.

(c)        ClubLink shall use its commercially reasonable efforts to have golf course available to BGC customers during the golfing season.  The closure of all or any portion of a Club for repair, maintenance, improvement or expansion and the use of all or any portion of a Club for the purpose of private functions, tournaments, guest play or otherwise, shall be permitted at the sole and absolute discretion of ClubLink. 

(d)        The rights and privileges granted to a BGC customer shall cease in each of the following circumstances unless otherwise agreed to by ClubLink, in its sole and absolute discretion, at the time the circumstance occurs:

(i)         If, by notice in writing to ClubLink, the BGC customer resigns the account .

(ii)        If the BGC customer fails to pay annual fees or other Club charges when same is due and payable

 (iii)      If the BGC customer is expelled or suspended under Section 3.

(vii)      If the BGC customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors or makes any proposal, assignment or arrangement with the BGC customer’s creditors, or any steps are taken or proceedings commenced by any person for the dissolution, winding-up or other termination of the BGC customer’s existence or the liquidation of assets.

(e)        No food or beverage is to be brought to any ClubLink property by any BGC customer, their guests and none of such persons are to litter or otherwise cause any damage to Club property.

2.         APPLICATIONS

2.1       All applications shall be made on the application form prescribed by ClubLink and shall be subject to the rules and regulations governing application.  Every applicant on a BGC account shall agree to be bound by and to abide with the rules and regulations of the Clubs as established by ClubLink from time-to-time and to pay all accounts as required by ClubLink.

2.2       ClubLink shall have the right, in its sole and absolute discretion, to accept or reject any application..  ClubLink may establish such order of priorities for consideration and acceptance of applications as it determines to be appropriate.

3.         EXPULSION AND SUSPENSION OF BGC CUSTOMERS

3.1       If a BGC customer does not comply with the rules and regulations of a Club as are in force from time-to-time, or if the conduct or behaviour of any of such person, whether inside or outside the Club, is in the opinion of ClubLink injurious or detrimental to the character or reputation of the Club or to the interests of ClubLink, the Club, its other customers or ClubLink employees, officers or directors, ClubLink may require the BGC customer to resign..

3.2       ClubLink may, in its sole and absolute discretion, may suspend the offending BGC customer from the use of a Club and from all or any of the rights and privileges for such period as is determined by ClubLink, in its sole and absolute discretion.

4.         LIABILITY ON CESSATION OF ACCOUNTS AND PRIVILEGES

4.1       Any person ceasing to be a BGC customer, shall nevertheless remain liable for and shall pay to ClubLink all amounts that have become due and payable with respect to the BGC accounts. For greater certainty, the BGC customer shall remain liable for all charges incurred prior to termination of the BGC account/s. 

4.2       Any person ceasing to be a BGC customer, shall forfeit all right to use ClubLink facilities

5.         WAIVER OF LIABILITY AND INDEMNITY

5.1       Each BGC customer agrees:

(a)        that ClubLink and their agents, officers, directors, employees, servants, shareholders and representatives (collectively the "ClubLink Group") SHALL NOT BE LIABLE and hereby release the ClubLink Group from all liability to the BGC customer for any claims, actions, costs, expenses, damages or demands in respect to death, injury, loss or damage to the BGC customer’s person or property, howsoever caused, arising out of or in connection with any Club, the BGC customer’s presence at any Club's premises or facilities or the premises or facilities of other facilities owned by ClubLink, or the BGC customer participating in any activity at any Club owned by ClubLink, and notwithstanding that the same may have been contributed to or occasioned by the negligence of any one or more of the ClubLink Group and, without limiting the generality of the foregoing, the ClubLink Group SHALL NOT BE LIABLE for any loss or damage suffered by a BGC customer as a result of the BGC customer being injured while participating in any sport or activity at any Club's premises or facilities or the premises or facilities of other clubs operated by ClubLink, or the BGC customer or the BGC customer’s property being accidentally struck by a golf ball, golf club, tennis ball, racquet, or any other sports equipment;

 (b)       TO SAVE HARMLESS AND KEEP INDEMNIFIED THE CLUBLINK GROUP from and against all claims, actions, costs, expenses, damages and demands in respect to death, injury, loss or damage to the BGC customer’s person or property or the person or property of a BGC customer’s  guest, howsoever caused, arising out of or in connection with any Club. and,

(c)        TO SAVE HARMLESS AND KEEP INDEMNIFIED THE CLUBLINK GROUP from and against all claims, actions, costs, expenses, damages and demands in respect to the death or bodily injury of any other person or loss or damage to the property of any other person caused by the BGC customer or arising out of or in connection with any act of the BGC customer in, on or about any  Club's premises or facilities or the premises or facilities of other facilities operated by ClubLink, and notwithstanding that the same may have been contributed to or occasioned by the negligence of one or more of the ClubLink Group.

6.         ENUREMENT

6.1       These rules and regulations referred to in the application form constitute an agreement between ClubLink and each BGC customer as of the date of such BGC customer activating an account.  Upon the execution of the application form by an applicant, the rules and regulations shall constitute an agreement between the applicant BGC customer and ClubLink whereby each such person is required to be bound and abide by the provisions of the rules and regulations.  The rights, privileges and obligations contained herein shall enure to the benefit of, and shall be binding upon, ClubLink and its successors and assigns and the BGC customers, their heirs, executors, administrators and permitted assigns from time-to-time.