Section 6 - Club @ Essensa

PREAMBLE:

“THE CLUB @ ESSENSA” hereinafter referred to as “THE CLUB” is formed as a division of ESSENSA EAST FORBES CONDOMINIUM CORPORATION, having its office at the corner of 21st Drive and Fifth Avenue, Fort Bonifacio Global City, Taguig, Metro Manila.

The Club is an amenity of ESSENSA EAST FORBES CONDOMINIUM CORPORATION. The property was developed with modern equipment and techniques and was laid out as a recreation center with Club House, restaurant and other recreation facilities, to be run on break even terms. This is an exclusive private Club, for the use of duly enrolled residents of this property and their immediate family members and for eligible, invited guests. EEFCC will be solely responsible for all expenses connected there with, for the engagement, dismissal and payment of staff, for catering and for all other matters that involve disbursement of money.

The Club, its property and its funds and the control and management thereof shall vest with EEFCC. Neither the member nor his heir or successor/s, (as the case may be) shall have or claim any share, right, title or interest of any sort or nature whatsoever, in / or to the said property, in / or to the Club and/or its assets, on any account whatsoever. The Members of the Club are entitled only to the use of the Club premises and the property and enjoy the privileges / amenities provided in the Club, subject to the provisions of these rules and such rules as may be amended, altered or replaced, from time to time.

RIGHTS & OBLIGATIONS:

EEFCC reserves the right to make such additions, alterations or developments by demolishing or reconstructing the Club building or parts thereof, as and when the circumstances warrant, for providing better and alternate facilities for the use of the members and to close any facility or amenity, if so desired by EEFCC. All persons who may apply for membership and who become members of the Club including all the Guests and Visitors to the Club, is bounded by the Rules & Regulations of the Club, as may be applicable and effective from time to time.

RESIDENT MEMBER:

Any individual, firm or corporate body, owning or leasing an apartment in the adjoining Essensa project, after having paid in full the consideration for the apartment, shall, by virtue of the ownership of the unit, be eligible to use The Club as a Member of The Club. The membership shall however be co-terminus with the ownership or tenancy of the unit and shall automatically cease upon transfer or alienation of the unit. All such unit owners, who purchased or leased units before (dd/mm/yy), shall be admitted as Resident Member. In case the unit is owned by more than one individual, then, a maximum of 2 individuals, first named in the ownership of the unit, shall be entitled as Resident Members. In case the unit is owned or leased by a firm or a corporate body, they can nominate 2 persons / individuals, to represent the firm or the corporate body, as Resident Members.

Only individuals, duly nominated by the firm or the corporate body, shall use The Club and its facilities and no other individual shall be eligible to use the same on behalf of the firm or the corporate body.

Upon termination of the membership of the Resident Member, consequent to the transfer or alienation of the ownership, the transferee or alienee shall; (a) on such transfer or alienation being established to the satisfaction of the EEFCC; (b) on payment of all arrears of the original Resident Member and the membership fee and other charges; be eligible, at the discretion of EEFCC, to the Membership of The Club. However, only one member shall be admitted as member of the Club in case alienation or transfer takes place after (dd/mm/yy).

In the event of death of the residential member, his successor or where there is more than one successor, the successor nominated by all the successors, shall be eligible to be conferred with the membership of The Club.

DEPENDENT MEMBER:

The spouse and children of members of the Club, who are below the age of 18 years, will be admitted to The Club, as Dependent Members.

MANAGEMENT:

EEFCC will appoint a Resident Manager/Life-style Coordinator or constitute a managing committee, for the purpose of management of The Club. The Resident Manager/Life-style Coordinator or the Managing Committee shall be empowered to prescribe tariffs from time to time for all services provided to and supplies made to members in general and for the casual use of such facilities / amenities for which special fees or subscription are levied and for participation in social events, entertainment, etc. and in general, for any event or activity in The Club which involves special expenditure and has been particularly availed of individual members at their choice. The management may, at its discretion, declare the entire Club closed on any day or days for organizing major social functions or public function or entertainment program. The management may, at its discretion, after suitable notice, close a part or parts of The Club, outlets or facilities for any day or days to cater for a specific work or repairs or modifications, alterations, etc.

WITHDRAWAL, CESSATION, REMOVAL & EXPULSION: -

A member, who intends to withdraw from the membership of The Club, shall give clear notice of 30 days, of his intention, to the management of The Club. A member, who intends to withdraw as above, shall be liable to pay all his dues, if any, to The Club and shall not be entitled to refund of any fees, subscriptions, paid by him.

Further:
Membership in any class, shall be deemed to have ceased, if any member -

a.    Becomes insolvent and declared undischarged, insolvent by a competent court of law or authority.

b .    Is of unsound mind.

c.    Is convicted for any grave offense involving moral turpitude

d.    Is declared as a defaulter and removed from the rolls, under the rules.

Any corporate membership shall be deemed to have been ceased, on the expiry of the membership period or if, any such company/corporation/firm is wound up or goes into liquidation, ceases to exist in any other manner or loses its identity by way of merger or legal process or government action.


The managing committee reserves itself, the right of suspending or removing any member, in case the conduct of such member, within the premises of the Club, appears, in the opinion of the managing committee, to be unbecoming of a gentleman, or is derogatory with the reputation of The Club or where such conduct has disturbed or appears likely to be disturbed, the order of The Club or infringes on rights and privileges of other members, or in case of any serious infractuation of the House Rules and Regulations.

No member shall be allowed to be in arrears of his dues to The Club for a period exceeding one month. The managing committee has right to suspend the member from the use of The Club.

If a member, who has been suspended as above, pays the arrears before his / her name is removed from the list of members and furnishes satisfactory explanation for his / her default, then, the member may be reinstated with retrospective effect i.e., from the date of suspension.

In case of death of a member, the deceased spouse will be permitted the use of The Club for the balance period of membership of the deceased spouse, subject to the payment of monthly subscriptions and other charges as levied from time to time. No illegal gambling or betting shall be allowed in The Club and any member/s is reported to have broken this rule, shall be, at once, suspended.

RIGHTS & PRIVILEGES OF THE MEMBERS

The Club is a proprietary Club by EEFCC and as such, the members have no rights whatsoever, over the assets and the other properties of The Club.

Subject to the rules, Members are only entitled to the use of facilities provided by The Club.

EEFCC reserve the right of admission of the members to The Club.

The Club shall not be liable for any loss or damage suffered by any member or his guest, due to his negligence or want of reasonable care or on account of any loss or damages caused by the act of God, or any other natural cause /s beyond the control
of The Club.

PREAMBLE:

a.

EEFCC may, from time to time, vary and revoke House Rules and Regulations (not in consistent with the rules) for regulation of the internal affairs of the conduct of the members and the House Rules and Regulations enforced from time to time, shall be binding on all the members;

b .

Without prejudice to the generality of paragraph (a) of this rule, the House Rules and Regulations may provide for and regulate:

(i)    the working hours of the Club

(ii)    charges in various facilities

(iii)    entertainment of members and guests at the Club

(iv)    payment by the members of their bills

(iv)    any other matter in the interest or proper management of the Club

(vi)    enjoyment of the Club facilities by the members

Any dispute arising out of not governing by these rules shall be referred to the EEFCC / managing committee, whose decision shall be final.

General:

These provisions of the Rules & Regulations are framed for furtherance of the objects of the Club and non observance of these Rules & Regulations will render a member liable for disciplinary action and penalties, as the managing committee may prescribe under the powers vested in them by the Rules and Regulations of the Club:

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