Dripping Springs Country Club and Membership Agreement
(Clover Rock LLC, a Texas limited liability company doing business as "Dripping Springs Country Club" (DSCC))
A. DSCC owns and operates a driving range and related facilities generally located at 3000 W. Hwy 290, Dripping Springs, TX 78620, collectively knows as "Dripping Springs Country Club" ("DSCC Facilities").
B. Member wishes to purchase from DSCC, and DSCC desires to sell to Member a non-exclusive license to use the DSCC Facilities, referred to throughout this Agreement as the "Membership."
In exchange for, and consideration of, Member's payment of the Annual or Monthly membership fees, and in further consideration of the mutual promises and covenants outlined in this Agreement, the parties now agree as follows:
1. Membership Fee. Member agrees to pay the Membership Fee as outlined in the Membership Fee Schedule, which is attached to and made part of this Agreement as Exhibit "A." The Membership Fee is locked-in and will not change during the initial 12 months of this Agreement.
2. Other Charges or Fees. The Membership Fee does not include any fees charged in connection with any programs, events, activities, facilities, or services that are not included with the Membership, as specifically described under this Agreement. For example, if DSCC or any individual that is employed or retained by DSCC (i.e., golf instructor) offers any program, event, activity, facility, or service that is not specifically included with the Membership, the Member must pay any fees that may be charged in connection with such program, event, activity, facility or service.
3. Payments. Member agrees to pay all Membership Fees, and any other fees, on or before the date such fees are due. Member will pay a late fee of $5.00 per month on any past due fees or charges. Member further agrees that if Member is delinquent in paying any amounts due, DSCC may immediately suspend or terminate the Membership. DSCC shall be entitled to recover from Member all costs and expenses that DSCC reasonably incurs in collecting such past due to amounts, including, without limitation, collection costs, attorney fees, and court costs, whether or not suit is filed.
4. Credit Card/ Bank Account Charges. During the entire Term, Member must maintain on file with DSCC valid information regarding a credit card account to which DSCC may charge, or valid information regarding a bank account from which DSCC may debit, any charges or fees related to the Membership. Upon Member’s execution of this Agreement, Member shall provide DSCC with either a completed Credit Card Authorization Form or a completed Bank Account Debit Form provided by DSCC.
5. Membership Use. The Member’s use of his or her Membership shall, at all times, be subject to the terms and conditions of this Agreement, as well as the Dripping Springs Country Club Rules and Regulations, which may be revised by DSCC from time to time. By signing this Agreement, Member acknowledges Member’s receipt of such Rules and Regulations and agrees to be bound by and fully comply with the terms and conditions of such Rules and Regulations, as they may be amended, and to be responsible for compliance with such Rules and Regulations by Member’s family members and guests. The benefits that accompany each type of Membership as of the Effective Date are listed under the Membership Fee Schedule. DSCC reserves the right to modify such benefits at any time with advance notice; provided, however, that any such modification may be applied to the specific Membership that was purchased under this Agreement only as of the Anniversary Date of this Agreement.
6. Membership Transfer/Assignment. Member acknowledges, understands, and agrees that the Membership may not be transferred, sold, traded, pledged, or assigned in any manner whatsoever.
7. Assumption of Risks and Indemnification. Upon Member’s execution of this Agreement, Member agrees to release Clover Rock LLC DBA Dripping Springs Country Club of all liability and assumption of risks.
8. Availability of DSCC Facilities. Member acknowledges, fully understands, and agrees that DSCC can periodically schedule promotional events, tournaments, or other activities that utilize the DSCC Facilities. Such promotional events, tournaments, or other activities may occasionally utilize DSCC facilities, which may delay or restrict the Member’s ability to use some or all DSCC Facilities. DSCC will make every reasonable effort to post, on the Dripping Springs Country Club website, two (2) weeks advance notice of any such promotional events, tournaments, or other activities. DSCC may close all or any portion of the DSCC Facilities on any given day and at any time due to inclement weather or other natural forces, or for maintenance, safety, or emergency purposes as solely determined by DSCC.
9. No Vested Interest. Member acknowledges and understands that the Membership grants the Member a non-exclusive license to use the DSCC Facilities but does not give the Member any ownership or vested rights in or to the DSCC Facilities or DSCC, and does not give the Member any right to participate in management or control of the DSCC Facilities or DSCC. Member shall not be not subject to any operating or capital expenses or assessments related to operation or maintenance of DSCC Facilities. Member also acknowledges and understands that the DSCC Facilities will be open for use by the general public and may be used by individuals who do not hold a Membership.
10. Termination/Suspension/Change of Membership. Members may terminate Memberships at least 30 days before the end of their 12-month Renewal Term. Such termination must be in writing and will be effective thirty (30) days after DSCC’s receipt of such notice of termination, or at the end of the 12-month Renewal Term. Upon Member’s termination of the Membership, Member shall not be entitled to any refund of any Membership Fees or any other charges or fees that Member may have paid in connection with the Membership.
MEMBER ACKNOWLEDGES THAT MEMBER IS ACQUIRING A MEMBERSHIP FOR THE SOLE PURPOSE OF OBTAINING SOCIAL BENEFITS AND RECREATIONAL USE OF THE DSCC FACILITIES, AND NOT AS AN INVESTMENT OR WITH ANY EXPECTATION OF MAKING A PROFIT OR DERIVING ANY OTHER BENEFIT FROM THE MEMBERSHIP.