CLUB MEMBERSHIP TERMS AND CONDITIONS

Whereas

A. Poona Western Club Limited Liability Partnership (“Owner”) is the owner and developer of amenity space out of the layout sanctioned and revised there after time to time, situated at Skyi Songbirds, Survey No.274/1 and Others, Village -Bhugaon, Taluka-Mulshi, Pune 412 115 village Bhugaon (“said Property”);

B. The Owner has established a sports and recreation club on the part of said Property by the name of “The Poona Western Club” (the “Club” or “Sports Club”) which will be managed by the Owner or by different entity as may be engaged by the Owner;

C. The Member is desirous of utilizing the services or Facilities available at the Club and has accordingly, made an application to the Owner for obtaining membership to the Club; and

D. The Owner has agreed to consider application of the Member to admit the Member as a Member of the Club subject to certain terms and conditions as mentioned hereinafter and accordingly Member and Owner have agreed to execute this presents in the manner hereinafter appearing.

1) Definitions

a) “Add on Member(s)” shall mean one or more child of the Member (other than Child/Children included in the Family Member) and /or Father or Mother of Member or his/her Spouse.

b)“Agreement” means Application Form, these terms and conditions and Rules and Regulation and notices/instructions as may be displayed in Club or displayed on the website of the Club from time to time shall collectively referred as Agreement governing and regulating membership of Member.

c) “Annual Maintenance Charges” means annual maintenance fees payable by the Member towards and for usage, upkeeping and maintenance of Club Benefits for the period beginning 1st April of the year and ending on 31st March of next year or proportionate thereof depending upon beginning of Term of the Member.

d) “Applicant” means individual who has applied for Club membership for himself/herself and for Family Members details of which are mentioned in the Application Form.

e) “Application Form” means an application form signed by the Applicant for seeking membership of the Club to avail Club Benefits as per these terms and conditions which will also include Rate Card attached or annexed along with the Application Form and the details of club benefits.

f) “Application Fees” means non-refundable Application Fee paid by the Member to get Application Form.

g) “Club Benefits” includes various facilities or benefits provided by the Club.

h) “Club Hours” means the Club working hours as maybe prescribed by the Club Managing Committee.

i) “Security Deposit” shall mean interest free deposit kept by the Member with Owner.

j) “Eligibility Terms and Conditions” means eligibility terms and conditions for the Member Category as more particularly mentioned in the Application Form.

k) “Family Member” shall mean spouse and maximum two children (U18) details of which are mentioned in the Application Form.

l) “Guest(s)” shall mean individual other than Member or Add on Member or Family Member who will be allowed to enter into Club Premises along with Member and avail Membership Benefits or Pay Per Use Benefits subject to payment of applicable fees.

m) “Holidays” means the holidays, which shall be decided by the Owner from time to time during which the Club shall not be operational, and Club Benefits will not be available to the Member;

n) “Joining Fees” means one-time non-refundable joining fee payable/paid by the Member to get Membership of the Club;

o) “Managing Committee” means the committee constituted by the Owner from time to time for regulating Rules and Regulations

p) “Member” means a an ‘Applicant’ whose Membership is approved by the Owner and who has paid Joining Fees and will also include wherever context so requires Family of Member and Add on Member(s) and whose Application is approved by the Owner

q) “Membership Card” means the membership card issued by the Club to the Member and to Add on Members on approving Membership of the Member.

r) “Membership Category” means category of membership as mentioned in the Annexure 1.

s) “Membership Category Benefits” means Club facilities/benefits associated with the Membership Category as more particularly mentioned in the Annexure 2 herewith which will be made available to Member from time to time and subject to adherence with these terms and conditions.

t) “Pay-Per Use Benefits” means certain club benefits which will be made available to Member for usage subject to payment of fees as decided by the Owner from time to time.

u) “Person” means, natural person, limited liability partnership, company, body corporate, any form of legal entity or any form of business.

v) “Rate Card” means rates, fees or charges of various Club Benefits provided in the Club Premises or on the website of the Club.

w) “Rules and Regulations” means the rules and regulations incl. sexual harassment policies for the Club as finalized and amended by the Managing Committee from time to time without the prior consent of the Member.

2) Acceptance of Membership is discretion of Owner

a) Notwithstanding anything contained in these Terms and Conditions, approving Membership of a person shall be discretion of the Owner, and shall not be right of a person seeking membership.

b) Acceptance of Membership of Applicant is sole discretion of the Owner which is dependent upon various factors including without limitation fulfilment of Eligibility Terms and Conditions by the Applicant, and sufficient documents in support of Eligibility Terms and Conditions have been provided by the Applicant to the Owner. Eligibility Terms and Conditions means terms and conditions as may be decided by the Owner/Screening Committee from time to time for accepting Applicant as Member of the Club. Owner/Screening Committee shall have sole right to waive any of the Eligibility Terms and Condition for any particular Applicant.

c) For evaluating of Application, Owner has right to constitute a committee (‘Screening Committee’). Role, responsibilities and composition of Screening Committee shall be decided by the Owner. After its constitution, decision of Screening Committee shall be final and binding on the Applicant.

3) Commencement of Membership

a) Decision of the Screening Committee or Owner regarding approval of Application will be informed by the Owner to Applicant by letter in writing or by email (‘Membership Communication’).

b) Membership of Member shall commence from the date of receipt of Joining Fees and Security Deposit by the Owner from Member.

c) Member Shall be eligible to pay Joining Fees only after receipt of Membership Communication and shall pay Joining Fees within period mentioned in the Membership Communication.

d) Expiry Period of Membership is mentioned in the Annexure 2 herewith unless terminated earlier as per provisions of this Agreement.

4) Family Members

Member and his/her Family Members are eligible to use and avail Membership Category Benefits which are associated with the Membership Category of the Member subject to payment of Joining Fees as well as Annual Maintenance Charges from time to time.

5) Add on Members

Member by paying fees for Add on Member(s) as mentioned in the Application Form/Rate Card can include Add On Member(s) in his Membership Category and then such Add on Member(s) can use Membership Benefits as per terms and conditions of this Agreement.

6) Guests

Except on payment of the Guest entry fees as decided by the Owner from time to time and seeking prior approval from the Owner, entry of Guest will be allowed in the Club Premises. Notwithstanding foregoing, Owner reserves right to restrict entry of Guests without assigning any reason. Further, Owner has right to frame rules and regulations on Guest entry fees and restrictions on the number of Guests’ entry in the Club.

7) Application Fees

Member will get Membership Application Form only after paying Application Fees. Application Fees shall not be refunded on any circumstances including if membership is denied to the Applicant.

8) Joining Fees

Notwithstanding anything contained in these Terms and Conditions Joining Fees paid by the Member shall not be refunded to Member in any circumstances.

9) Annual Maintenance Charges

Member shall pay Annual Maintenance Charges on or before 30th April of every year. In case of new Members, first year’s Annual Maintenance Charges shall be paid along with Application Form. Member agrees and accepts that in the event of non-payment of Annual Maintenance Charges on or before 30th April of every year, Owner has right to terminate this Agreement and restrict entry of Member in the Club. Member further agrees that the Owner has sole right to revise (upward or downward) Annual Maintenance Charges and any such revision will be informed to Member from time to time. Current Annual Maintenance Charges are mentioned in the Annexure 2 herewith.

10) Security Deposit

Each Member needs to keep interest free deposit of the amount as mentioned in the Annexure 3 with the Owner. Owner will return the interest free deposit to the Member upon expiration or termination of the Membership subject to any adjustment or deduction made by the Member from to time to time. Member authorises the Owner to adjust or deduct from interest free deposit amount any loss, damages or cost suffered/incurred by the Owner due to breach of these terms and conditions by the Member/Add-On-Member/Family Member/Guests. Without prejudice to foregoing, if interest free deposit amount is not sufficient to recover such loss, damages or cost suffered/incurred by the Owner, then Member shall indemnify Owner for balance amount of such loss, damages or cost suffered/incurred by the Owner. In the event Owner adjusts/deducts the deposit amount, Member shall replenish the deposit amount within 10 days from the intimation received from the Owner. If Member fails to replenish the deposit amount within 10 days from the intimation received from the Owner, then Owner shall have right to terminate Membership of the Member.

11) Membership Category Benefits

Subject to payment of Joining Fees, and Annual Maintenance Charges from time to time and subject to adherence to these terms and conditions Member is eligible to avail and use Membership Category Benefits. Member further agrees that the Owner has sole right to revise (upward or downward) such Pay Per Use charges and any such revision will be informed to Member from time to time.

12) Non-Membership Category Benefits

Member may choose to avail or use Non-Membership Benefits which are not associated with the Category of Membership by paying Pay Per Use Charges as applicable at the time of using or availing such Benefits.

13) Upgradation of Membership

Subject to approval of the Owner, Member may upgrade his Category of Membership by paying differential Joining Fees and Annual Maintenance Charges associated with upgraded category of the Membership at the time seeking upgradation of the Membership Category.

14) Committees

The Owner reserves right to constitute various committees such Screening Committee, Disciplinary Committee, Art & Culture Committee, Sports Committee or such other Committees for the purpose of functioning of the Club. Role, responsibilities and composition of committees shall be decided by the Owner. After constitution, decision of committees shall be final and binding on the Member.

15) Responsibility of Member

Member shall always remain responsible or liable for breach of these terms and conditions by Family Member or by Add on Member or for actions or omissions by Family Member or by Add on Member.

16) Adherence with Terms and Conditions

Member covenants to comply with the provisions of these Terms and Conditions and is required to observe the restrictions set out at all times during the subsistence of this present.

17) Club Hours

Right of the Member to use the Club premises as contemplated herein is very limited and restricted always to the use during Club Hours.

18) No right over Club Premises and Club Property

Member accepts and agrees that Member (including Family Members and/or Add on Members) has no right, title or interest over said Property, Club, Owner’s equipment, assets, or belongings. It is expressly agreed, understood and accepted by the Member that the Member is neither entitled to use nor concerned with (nor shall the Member be at anytime be entitled to and/or concerned with) the use of any other area of the said Premises save and except for passage to the Club.

19) Membership Card

The Member agrees, confirms, declares and covenants with the Owner that she/he shall always carry Membership Card at the time entry in the Club and acknowledges that in the event of non-carry of Membership Card he/she will not be allowed entry in the Club. The Membership Card shall be forthwith returned to the Owner on expiry or sooner determination of the membership on demand. The Member shall forthwith inform the Club on loss and / or damage of the Membership Card. In case of loss of Membership card, the Managing Committee will subject to indemnity undertaking and payment charges for issue of duplicate card, issue the duplicate Membership Card.

20) Biometric Access

Member agrees and gives consent for implementation of biometric access for entry in the Club Premises and usage of Club Benefits.

21) Behaviour of Member

a) Member shall behave in polite manner with other Club Members, their Guests, employees/representatives of the Owner and as per Rules and Regulation of the Club.

b) Member shall not get involved any in sort of verbal abuse or physical fight with other Club Members, their Guests, employees/representatives of the Owner.

22) Prevention of Sexual Harassment Policy

Member shall adhere with Prevention of Sexual Harassment Policy as mentioned in the Rules and Regulations document hereto and as amended from time to time. Member agrees that Owner has sole right to modify said Policy from time to time.

23) Insurance by Member

Member agrees and undertakes that he/she shall on his/her/its own cost obtain and maintain adequate personal accident and health insurance for the entire duration of the Membership, and the Owner shall not be liable for any injury death, or health hazard that maybe caused to the Member at the Club.

24) Safety of Member

Member shall be responsible for his/her and his/her Guests safety and security. Member before availing any Club Benefits shall read and understand safety instructions mentioned in the Club at various places. Owner shall not responsible or liable for any accident, damage or death to Member or his/her Guests arising out or related to or in connection with usage or availing of Club Benefits.

25) Belongings of Member

Member (including his/her guests) shall be responsible for his/her belongings, assets or properties. Member agrees that Owner or other Members shall not responsible for loss or damage to belongings, assets or properties of the said Member.

26) Covenants of the Member

The Member covenants that the Member, Family Members, his guests, Add on Member, and any third parties claiming through the Member who are permitted into the Club shall:

a) Not do or permit to be done or omit to be done upon the Club or any part of the said Property anything, which may damage or destroy the Club and / or the said Property and/or any part thereof;

b) Not to collude with, connive with or instigate or agitate other Members in the Club, for any reason whatsoever, whereby the rights of the Owner are prejudiced, and in event of non-compliance of said condition notwithstanding anything contained herein or in any other Agreement entered into between the parties, the Owner shall be at liberty to terminate membership of the Member forthwith;

c) Not to do or permit to be done upon the premises of the Club or any part of the Club premises anything which may be or become a nuisance, harm, danger, risk hazard or an annoyance to or in any way interfere with the quiet or comfort of all the persons who occupy, use or visit the Club and persons residing in SKYi Songbirds Project;

d) Not bring into the premises of the Club any hazardous or inflammable articles; and

e) Not to carry on any illegal activities from the premises of the Club.

27) Exposure to dangerous activity(ies)

Member acknowledges that the usage or availing various Club Benefits Member may be exposed to dangerous activity(ies) and that by participating in it Member is exposed to certain risks. Member further acknowledges that whilst usage or availing Club Benefits;

a) Member may be injured, physically or mentally or may die;

b) Member’s personal property may be lost or damaged; and

c) There may be no or inadequate facilities for treatment or transport of Member if Member is injured.

28) Suspension of Club Benefits

Member agrees that the Owner has sole right to add, modify, discontinue or suspend any of the Club Benefits and in such case no refund of Joining Fees and/or Annual Maintenance Fees shall be given to the Member.

29) Rights of the Owner

In addition to and without prejudice to the rights available to the Owner under this present or otherwise, the Owner shall have the following rights:

a) To make commercial use of Club and derive full commercial benefit thereof by allowing use of the services or Club Benefits to all the present and future Members and third parties.

b) It is agreed that the Owner shall solely be entitled and shall appropriate unto itself any incidental revenue that the Owner may generate from the Club operations without any let or hindrance from the Member.

c) Owner shall have full right to induct such third persons, as it may deem fit in its absolute discretion, and as a member of the Club and the Member herein shall have no objection in relation thereto;

d) Any income generated by the Owner or its nominee from the Club operations or any common areas shall inure to the benefit of the Owner, and the Member shall not claim any right or demand any set off from the same.

e) The Owner shall be entitled to develop the Club in a phased manner and put up additional construction as a part of the Club or put up additional construction on top of or adjoining to the Club as any other commercial outfits, without any permission of the Member but without causing any undue disruption in the use of the Club by the Members.

f) The Owner shall be entitled to effect any repairs; alterations or improvements and additions to the Club and to install all necessary equipment to bring about such work as may be required.

g) The Owner shall be entitled to enter upon the premises of the Club in order to do such work.

h) The Owner reserves right to appropriate adjust part or complete Membership Joining Fees or Annual Membership Fees against any amount due and or payable by the Member as per terms of this present.

i) The Owner reserves right to transfer the operations of running the Club in totality or certain specific services or facilities to an independent service provider or operator on terms and conditions as deemed fit by the Owner.

j) The Owner shall have the right to change the name of the Club from “The Poona Western Club” to any other name, as deemed fit by the Owner. The Owner shall not be liable for any losses or damages suffered by the Member arising from or incidental to such change of name.

k) The Owner shall have the right to induct any person as a member to the Club subject to payment of the requisite Joining Fees and such rules and regulations as may be stipulated by the Owner.

l) To make commercial use of Club and derive full commercial benefit thereof by way of sale, lease or any other commercial arrangement of any part of the club to commercial outfits, shops etc.

m) Owner reserves the right of transferring part or complete ownership of said Club to any third party and/or to assignee the operation rights of the club or part thereof to any third party.

n) Certain Club Benefits will be charged separately on pay per use basis as decided by the Owner from time to time.

o) The Member agrees that the Owner shall always be entitled to sell, mortgage and/or charge and/or create third party rights on the Said property, assets of the Owner and Club equipment.

30) Splitting of Membership

In case of divorce of the Member, Membership will remain with the primary Applicant as named in the Applicant Form.

31) Rules & Regulations

Member agrees that Member shall strictly adhere with Rules and Regulation of the Club, a copy of which is separately given to Member along with the Application Form and Member acknowledges its receipt. Member represents that Members has read and understood the Rules and Regulation of the Club. Member further agrees that Owner has right to modify Rules and Regulation of the Club from time to time and Member shall adhere with modified Rules and Regulation of the Club from time to time. Copy of modified Rules and Regulation of the Club will be given to Member or will be placed on the website of the Club.

32) Indemnification by Member

Member covenants that he/she shall indemnify and keep the Owner (including their Officers, employees, or any other person) indemnified against all losses, costs, expenses, damages, or claims of any nature whatsoever arising out of:
  1. breach of any of these terms and conditions,
  2. breach safety instructions displayed by the Club;
  3. breach of Rules and Regulations;
  4. wrong or incomplete information given in the Application Form or wrong or incomplete documents attached to the Application Form;
  5. Damage to assets, or properties or equipment of the Owner;
  6. Damage to assets, or properties or equipment of any third party; and
  7. Accidents, injuries to Club Member or any person or death of any person due to actions or negligence of Member.

33) Disclaimer, Waiver and release

Member hereby waive, release, and discharge forever the owner (including owner’s representatives, employees or consultants) from any and all liabilities, claims, demands, or causes of action whatsoever, for any harm, loss, damage, property damage, personal injuries or death, due to any negligence, gross negligence, or any other cause (including, but not limited to the negligence or gross negligence of the owner (including its employees, contractors or agents, or otherwise) resulting from, arising out of, or in connection with member’s presence in or use of the club benefits. Member hereby agree to defend, indemnify and hold harmless the owner including owner’s representatives, employees or consultants) from and against any claim, cause of action, liability or judgment resulting from, arising out of, or in connection with my presence in and/or use of the club benefits, gear, equipment, or apparatuses. Member understand that by signing this present member and any of his/her children who member is signing for shall have (a) no claims whatsoever against, (b) have no right to sue, and (c) have no right to recover any damages or other compensation from the owner including owner’s representatives, employees or consultants).

34) Continuation of Club Benefits

The Owner or Club Managing Agency shall not be liable or responsible to offer usage of Club Benefits to the Member if the Owner has suffered or suffering financial loss due to running, operating and maintaining the Sports Club Benefits or due to occurrence any event or act which is outside or beyond the control of the Owner including without limitation, war, warlike conditions, hostilities, mobilization, blockade, embargo, revolution, riot, looting, strike, lockout, epidemic, floods, earthquake, fire, government orders or restrictions, floods, earthquake, maintenance of the Club Benefits etc. (singly or collectively ‘Force Majeure Event’). If at any time during the term of this present, by reason of Force Majeure Event, the Member is prevented from using the Club and/or any part thereof, the Owner shall have the option to endeavour to restore the Club at its own cost and expenses, within a reasonable period. In the event that the Club cannot be restored within the reasonable period, then either party shall have an option to terminate this present by serving a written notice of 10 working days; and under such termination thereafter neither party will have any claim of whatsoever nature against each other.

35) Transfer of Membership

The Membership of the Club is not transferable under any circumstances. It is hereby clarified that any person desirous of becoming a Member to the Club shall be required to acquire a separate membership to the Club.

36) Termination of Membership by Owner without any notice

In any of the following circumstances Owner shall have right to terminate this Agreement and membership of the Member without any notice, if according to the Owner:

a) Member has breached terms and conditions of ‘Prevention of Sexual Harassment Policy’ of the Sports Club;

b) Member brought in the Club any dangerous or illegal equipment, goods or product Member is convicted for any offence involving imprisonment;

c) Member has violated Rules and Regulation;

d) Member has violated these Terms and Conditions;

e) Closing down operations of the Club Benefits by the Owner is necessary if the Owner has suffered or suffering financial loss due to running, operating and maintaining the Sports Club Benefits and for reasons as more particularly mentioned in the Clause 33; and

f) Closing down operations of the Club by or due to any court order.

37) Termination of Membership by Member with notice

The Member shall be entitled to terminate this present by giving a written notice of 30 (thirty) days to the Owner of the Club and the Owner shall terminate the membership after the Member has paid all amounts due in relation to the services of the Club used by the Member and Annual Membership Fees for the Term.

38) Consequences of Termination of Membership

In the event of termination of Membership or expiration of Term for whatsoever nature or whatsoever reason, Member agrees and accepts that:

a) Member shall have no right to demand or claim any type or nature of compensation or claim from the Owner;

b) Member shall have no right to demand refund or return of Joining Fees and Annual Maintenance Charges or taxes, duties, outgoings or levies; and

c) Entry of the Member in the Club Premises shall be restricted.

39) Death of Member

In case of death of the Member or Member becomes totally or permanently disabled then no refund of Joining Fees and Annual Maintenance Fees will be given to the Member or his/her legal heirs but in case of death of the Member or Member becomes totally or permanently disabled, then his/her Spouse has right to become Member for remaining period of Membership by giving to Owner proof of disability or death of the Member. The written notice must be mailed by certified mail to the Registered address of Club.

40) Receipt of Payment from Member

Any payment payable by Member to Owner, including Joining Fees, Maintenance Charges, Non-Membership Club Benefits can be paid by Member to Owner by credit card, Cheque or demand draft or cash (except for Joining Fees) including by using payment gateway facility available on the Website of the Club or in Mobile App. In the event, Member pays any payment by Cheque, then payment shall be treated as received by the Member only if cheque is honored after presentation by the Owner or as may be decided by the Owner from time to time.

41) Limitation of Liability

Notwithstanding anything contained in these term and conditions, or any other documents related to or in connection with regulating or governing membership of the Member: (a) Owner is not liable or responsible for any indirect, special, consequential or exemplarity loss or damage or costs to the Member arising out of or in connection with or related to actions or omissions of the Owner (including its employees, representatives or agents), or due to / arising out of accidents, injuries or death of the Member/ Add on Members/ Family Members/Guests of Member in the Club Premises or arising out of or in connection with using of Club Benefits; and (b) maximum aggregate liability of the Owner (including its employees, representatives or agents) arising out of or related to or in connection with these Terms and Conditions shall not exceed INR 10% of Joining Fees.

42) Modification and Amendment

Member agrees and acknowledges that the Owner has sole right to modify / alter these terms and conditions, and Owner will send intimation of modification or alterations to the Member by email to Member’s registered email Id given in the Application Form or by sending written letter at Member’s address given in the Application Form or by placing information on Website of Club or notification through Club’s mobile app.

43) Mode of Communication to Member

Member agrees that any communication or correspondence made by the Owner to Member either by email to Member’s registered email Id given in the Application Form or by sending written letter at Member’s address given in the Application Form or by placing information on Website of Club or notification through Club’s mobile app or SMS or WhatsApp message shall sufficient notice or communication by Owner to Member.

44) Governing Law

This Agreement shall be governed by and construed or enforced in accordance with Laws of India. Subject to provisions of arbitration the courts in Pune alone shall have jurisdiction.

45) Arbitration

Any dispute or claim (‘Dispute’) arising out of or in connection with these Terms and Conditions shall, in the first instance, be resolved through consultation by the Parties among themselves within 30 (Thirty) days from its request. If the Dispute is not resolved within said period, then same shall be finally settled by way of arbitration by a sole arbitrator who shall be jointly appointed by the Parties. Arbitration Proceedings shall be conducted
(i) as per provisions of Arbitration and Conciliation Act, 1996 including amendments or re-enactments therein from time to time;
(ii) at Pune; and
(iii) in English language. Arbitrator shall give reasoned Award. Parties shall share arbitrator’s fees in equal proportion.

46) Interpretation

In this Agreement
(i) All indices, titles, subject headings, clause titles and similar items are provided for reference and convenience and are not intended to be inclusive or definitive or to affect the meaning, content or scope of this Agreement;
(ii) all schedules, annexures, supplements or any papers, documents attached and/or annexed to this Agreement shall form an integral part of this Agreement; and
(iii) in this agreement, words imparting singular shall include plural and vice versa and words imparting any gender shall include all other genders and words imparting persons shall include bodies corporate.

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