Membership Terms & Conditions for Clarks Beach Golf Club (CBGC)
These terms and conditions (Terms) as modified from time to time apply to all members who wish to utilise the membership benefits offered by CBGC.
MEMBERSHIP REGISTRATION
See Clause 14.00 in Constitution
To become a member and receive the membership benefits set out in the membership categories offered by CBGC, accessible via our website www.clarksbeachgolfclub.co.nz you must register with CBGC online via our website, or in person at the Club, stating the category of membership you wish to apply for and receive from CBGC.
Unless otherwise agreed by CBGC registration for memberships are for a single person.
Information provided by you to CBGC in connection with your membership application must be accurate. You shall update personal information as and when necessary to keep your details current and up to date.
By registering as a member of CBGC you agree that you become an affiliated member of Golf New Zealand, and a member of CBGC on these Terms, including any changes that may be made to the Terms from time to time.
ACCEPTANCE OF CBGC CODE OF CONDUCT
As a member of CBGC, it is important for you to understand one of the core principles of CBGC is that you uphold the spirit of the game of golf. Accordingly, you will be expected to follow and respect the rules of golf, any local rules applying to the course together with any CBGC policies or rules applying in respect of the facilities offered by CBGC under these Terms. By applying for membership with CBGC you acknowledge that you will abide by the above policies and statements.
DISCLOSURE OF INFORMATION AND PRIVACY
In making a membership application to CBGC you expressly acknowledge and consent to CBGC on an ongoing basis using personal information supplied by you including but not limited to your name and golf score in association with CBGC promotional activities and for your name and golf score to be recorded on the Golf New Zealand site, or to any person who logs in to or visits the Golf New Zealand website.
You further consent and agree to receive communication from Golf New Zealand and CBGC with the option to opt-out of such communications.
MEMBERSHIP
Regardless of when during the year you join as a member you will be liable for 12 months subscription for your chosen membership category and deemed to have accepted a membership period of 12 months from the date you become a member on the Terms set out herein.
Your membership will be rolled over to the new membership year on the anniversary of your membership each year, and your membership will continue indefinitely unless you retire as a member in accordance with these Terms.
AGE-RELATED MEMBERSHIPS
Where your birthday falls in a year that means you move membership categories, if you pay monthly your payments will be adjusted to the new category rate on the month following your birthday (e.g., if you turn 18 on 13 June, your payment will increase from 1 July). If you pay annually, your membership rate for the year will be determined by the greater number of months of the year prior to and after your birthday (e.g., if you turn 18 on 1 June and joined in January, you will pay the new rate for the year. If you turn 18 on 1 July, you will pay the previous year's rate).
CHANGE OF CATEGORY
If you wish to change your category of membership, please email us with your request for a category change. Please note that this can only be changed once per membership year and your request must be sent through to proshop@clarksbeachgolfclub.co.nz
BILLING AND PAYMENT
You agree to pay for the membership subscriptions relative to the membership category you have selected and submitted to CBGC.
CBGC’s normal billing for your 12-month subscription will be sent out to you one (1) month prior to the anniversary date of your membership for the start of your new 12-month period of membership each year. Payment of membership fees will be accepted in full or in monthly instalments only. No member shall play on the course or in any competition while their subscription or part subscription (instalment) is overdue.
Provided you have paid your annual membership fee in full (or first direct debit instalment) on your anniversary date you are entitled (with our consent which will not be arbitrarily withheld) to suspend your membership for a minimum of 1 month and a maximum of 2 months. If you do suspend your membership, then your membership renewal date will be extended by the same time your membership has been paused. Should you require longer than 2 months it will be at the discretion of the General Manager if the suspension of your membership will be granted for a further period.
You may pay for your subscriptions either by direct debit (only if you pay online), or by EFTPOS at the Club.
Where you pay by direct debit or EFTPOS and have chosen the instalment payment schedule then you agree that you are liable for the full payment of the annual subscription even if you opt-out of the membership during the membership year.
From time to time, it may be necessary for CBGC to increase its fees and subscriptions at the annual AGM to reflect the extra costs of providing the membership benefits to its members.
CBGC will not be obliged to give you any refund of fees paid for your membership if you fail to use your membership or terminate early before the end of your subscription period.
OVERDUE PAYMENTS
If your direct debit payment hasn’t been processed, CBGC will communicate with you to settle your account, so you can continue to be a financial member of CBGC.
If your account with us is more than thirty (30) days in arrears, we will put your membership on hold and if becomes sixty (60) days in arrears, we may at our sole discretion resign you from your CBGC membership, with or without notice. You will also be marked as unfinancial until you pay the outstanding amount.
MEMBERSHIP ENTITLEMENTS
In addition to the benefits for the category of membership chosen by you with CBGC, as an affiliate of Golf New Zealand your membership entitles you to an official Golf New Zealand handicap, a 7-digit ID number will provide you access to golf.co.nz, access to New Zealand Golf App and Tee Booking App, and to receive any benefits associated with Golf New Zealand promotions and Golf New Zealand’s partner promotions.
If you were previously a member of CBGC, or another golf club, you can obtain your history of scores.
OUR LIABILITY TO YOU
You may have certain statutory rights under the Consumer Guarantees Act 1993, the Fair-Trading Act 1986, and the Commercial Contracts Act 2017. Other than those rights and the rights given to you under this contract we will not be liable to you for any direct, indirect, or consequential loss or damage or injury of any kind to you or your property, howsoever arising. Please note that compensation for personal injury by accident in New Zealand is covered by the Accident Compensation Act 2001.
NO CLAIM AGAINST US – WAIVER/ INDEMNITY
You acknowledge that CBGC, its officers, staff and contractors will not be liable for:
- any loss or damage whatsoever to your personal property which you bring to the club at your own expense (excluding where such loss or damage is due to CBGC’s gross negligence);
- any loss or damage of any kind whatsoever to you or your personal property which has been caused by a third party, such as a trade person or another member who is not contracted with our services and facilities that we provide to you as part of this agreement.
- any loss or damage of any kind whatsoever to you or your personal property which has been caused by events that are beyond our control and that could not have reasonably been foreseen or prevented; and
- any temporary closure of the golf course because of inclement weather, or for course maintenance or repairs, or the closure of the course for events, corporate or charity bookings, or any events outside of the control of CBGC. Specifically, you agree that such matters do not give rise to any compensation to you, or third parties claiming through you, or for a discounting of your subscription fee.
To the extent permissible at law, you hereby waive all rights you may have under contract, tort or otherwise against us under these Terms and you agree to keep us indemnified on a full indemnity basis, indemnified against any loss (howsoever occasioned) that we might be suffering under these terms and in providing the membership benefits to you.
CONFIRMATION OF YOUR HEALTH
In making a membership application with CBGC you hereby confirm that you are fit, well and able to play golf and have no known medical conditions that would affect or stop you from playing golf.
You accept all risks to your own health and injury that may result from your participation in golf-related activities. If this should change, then you acknowledge that it is your responsibility and that you will contact CBGC via email at proshop@clarksbeachgolfclub.co.nz to advise of your updated health condition.
MEMBERSHIP SUSPENSION FOR INJURY OR HEALTH
All requests for the suspension of your membership for injury or health reasons must be emailed to the Golf Operations Manager.
You understand and acknowledge by becoming a member that CBGC are entitled, and you will provide a reasonable level of detail to establish the genuineness of the injury or illness for the purposes of assessing the merits of a suspension of your membership.
You acknowledge that in considering suspending your membership under this paragraph that:
- no verbal suspension requests will be processed, and that only written requests will be considered;
- we may not backdate suspension requests retrospectively unless in our sole discretion we decide to do so; and
- you forgo any booking in the golf booking system.
RESIGNATION
If you wish to resign as a member of CBGC, please contact the club at proshop@clarksbeachgolfclub.co.nz.
Resignations must be received not less than one month prior to the anniversary date of your membership to assist CBGC to ensure that you are not included in the billing cycle for the subsequent year of membership.
At any time, CBGC may resign your membership immediately by giving you notice in writing or by email if there is reasonable cause to believe you have, or are, in material breach of the Terms, including without limitation:
- if your account with us is more than sixty (60) days in arrears (you will also be marked as unfinancial until you pay the outstanding amount); or
- if you are in breach of any of CBGC’s policies or rules notified to you from time to time e.g., carrying out any illegal, offensive, threatening or harassing or unsafe behaviour or activity on CBGC premises, or any of the premises of any affiliated New Zealand Golf club.
If CBGC terminates your membership under this clause because of your material breach of this contract, you acknowledge that we are still entitled to recover all costs and losses under this contract (including any recovery costs and solicitor-client costs on a full indemnity basis).
DIFFERENCES IN TERMS AND CONDITIONS
If this agreement differs from anything you are told by CBGC representatives over the phone, this contract will apply unless you receive written confirmation from the Club otherwise.