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| Club Constitution |
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1. NAME OF THE CLUB
The name of the Club is the Atlantic Beach Golf Club or such
other name as the proprietor may determine from time to time.
2. INTERPRETATION
2.1 In this constitution, unless the context otherwise indicates:
2.1.1 "Club" means the club conducted on the property
by the proprietor or its nominee;
2.1.2 “Council" means the Municipality of the City
of Cape Town and includes its successor/s;
2.1.3 "facilities" mean all improvements and amenities
erected on the property, including the clubhouse, restaurant
and other amenities which include the swimming pool, tennis
courts and gymnasium commonly referred to as the leisure centre;
2.1.4 "golf course" means the golf course constructed
and developed on the property;
2.1.5 "homeowner members" mean those natural or juristic
persons who from time to time are members of Atlantic Beach
Homeowners Association;
2.1.6 “lease” means the notarial lease dated 13
July 1999 in terms of which the Council lets the leased premises
to the proprietor and includes any amendment thereto from time
to time;
2.1.7 "leased premises" mean the property and the
facilities;
2.1.8 "member" means a member for the time being and
from time to time of the Club.
2.1.9 "membership agreement" in relation to each member,
means the written agreement that the member has entered into
with the proprietor for golf playing rights and/or use of the
facilities;
2.1.10 "non-resident members" mean those natural persons
who are not members of Atlantic Beach Homeowners Association;
2.1.11 "property" means the property comprising Erven
3828 and 3656 Melkbosch Strand and includes such other property
or properties as the proprietor may acquire or lease for the
purposes of the Club;
2.1.12 "the proprietor" means the proprietor for the
time being and from time to time of the Club.
2.2 Words importing the singular shall include the plural, and
vice versa, and words importing the masculine gender shall include
the feminine and neuter genders, and vice versa, and words importing
persons shall include partnerships, trusts and bodies corporate,
and vice versa.
2.3 The head notes to the paragraphs to this constitution are
inserted for reference purposes only and shall not affect the
interpretation of any of the provisions to which they relate
2.4 Should any conflict arise at any time between the membership
agreement and this constitution, the provisions of the membership
agreement shall take precedence and shall be appropriately implemented.
3. PROPRIETOR OF THE CLUB
The proprietor of the Club is Atlantic Beach Management (Pty)
Limited (Registration No (1998/021275/07) and includes its successor/s
or assigns.
4. LEGAL STATUS OF THE CLUB
4.1 The Club is a proprietary club and does not constitute a
voluntary association at all for legal purposes.
4.2 The Club is under the control of the proprietor who is the
sole owner of all the assets of the Club and who is entitled
to all the income and profits of the Club.
4.3 Golf playing rights and the privileges of membership of
the Club are granted to members by payment of fees, subscriptions
and other amounts to the proprietor, subject to the provisions
of the membership agreement and this constitution.
5. BUSINESS OF THE CLUB
5.1 The business of the Club includes the following:
5.1.1 to promote, encourage and foster the game of golf for
the benefit of the general public, the homeowner members, the
non-resident members and all other persons entitled to play
golf on the golf course;
5.1.2 to maintain and manage the golf course, and the facilities
and amenities on the leased premises;
5.1.3 to do all such things and direct such activities to the
furtherance of the business of the Club as the proprietor may
determine from time to time.
5.2 The golf course and the leased premises shall be made available
to the members of the general public, the homeowner members
and non-resident members, all upon the terms and conditions
of this constitution and subject always to the provisions of
the rules from time to time governing the playing rights of
members of the Club.
6. MEMBERSHIP OF THE CLUB
6.1 The members of the Club shall comprise the following:
6.1.1 homeowner members who are guaranteed membership of the
Club;
6.1.2 non-resident members of which there shall be provision
for at least 400 memberships for non-resident members;
6.1.3 such other playing or non-playing members or other categories
of members as the proprietor may in its sole discretion determine
from time to time
6.2 Application for membership shall be in such form as the
proprietor may determine from time to time and shall be accompanied
by payment of the relevant entrance fee and annual subscription.
6.3 The privileges of membership are non-transferable and shall
commence only after receipt of official written notification
of acceptance of an applicant for membership and receipt of
all amounts payable on application.
6.4 Subject to the provisions clauses 6.1.1 and 6.1.2 above,
the proprietor shall have the absolute discretion as to whether
or not to admit any person as a member of the Club.
6.5 The proprietor shall have the power at its discretion to
close or open membership of the Club from time to time, subject
to the provisions paragraphs 6.1.1 above and 6.1.2 above.
6.6 The membership of each member of the Club is subject to
the provisions of the membership agreement and the provisions
of this constitution.
7. ENTRANCE FEES, SUBSCRIPTIONS AND LEVIES
7.1 The proprietor shall from time to time determine:
7.1.1 the entrance fees payable by members;
7.1.2 the annual subscriptions payable by members;
7.1.3 the green fees, fees for annual playing cards and any
other fees and/or amounts payable by members and non-members.
7.2 Entrance fees payable by members shall accompany the application
for membership and shall become due and payable upon acceptance
for membership.
7.3 The entrance fee for ratepayers within the area of the former
Blaauwberg Municipality shall be at a discount of 20%, excluding
VAT.
7.4 The proprietor shall be entitled to revise on an annual
basis the entrance fees, annual subscriptions, green fees, fees
for annual playing cards and any other fees or amounts payable
by members and non-members from time to time.
7.5 Annual subscriptions shall be due and payable annually in
advance on or before 31 July of each calendar year or at such
other time or times as may be determined by the proprietor from
time to time.
7.6 Members joining during a year shall be liable to pay a pro
rata proportion of the annual subscriptions and other fees or
levies for that year.
7.7 The privileges of membership of a member shall be suspended
if any annual subscription or any other amount payable by that
member is not paid within 30 days of due date.
8. RULES OF THE CLUB
The proprietor shall be entitled from time to time to make rules
and regulations relating to the Club and the members, including
(but not limited to) rules governing and/or relating to:
8.1 the use of the golf course, the facilities and/or the amenities;
8.2 access to the golf course for the purposes of playing golf
thereon;
8.3 the playing rights of the general public and the members
of the Club.
9. CLUB LIAISON
The proprietor shall be entitled from time to time to appoint
members of the Club to liaise between the members and the proprietor,
including to:
9.1 act as a communicative conduit between the proprietor and
the members;
9.2 assist with improvement ideas for the course and clubhouse
operations;
9.3 assist the Club management with member event recommendations;
9.4 represent the Club at provincial level, whenever required
by the proprietor;
9.5 assist the Club management with club competition format
and member function recommendations;
9.6 assist proprietor with member disciplinary hearing and with
member dress codes and regulations;
9.7 participate at periodic meetings and prize givings with
management and golf club captain;
9.8 canvas member's ideas, concerns and constructive inputS;
9.9 attend club functions and prizegivings.
10. LIMITATION OF LIABILITY
10.1 Each member enters upon or exits the leased premises entirely
at his/her own risk.
10.2 Neither the Club nor the proprietor shall be liable for
any death, injury, loss, or damage suffered by any member and/or
any member of his/her family, guest or invitee through or contributed
to by any cause whatsoever, including (but not limited to) theft,
loss of or damage to any property, or any negligent (including
gross negligent) act and/or omission or breach on the part of
the proprietor or any of its directors, employees, contractors,
agents or any other member.
11. NOTICE AND DOMICILIA
11.1 Each member chooses domicilium citandi et executandi for
the purposes of the giving of any notice, the serving of any
process and for any other purposes arising from this at his/her
address and fax number as set forth in the membership agreement.
11.2 Notwithstanding the provisions of clause 11.1 above, in
the event that a written notice or any process is actually received
a member, such receipt shall be valid for all purposes under
this constitution, notwithstanding that it was not received
at his/her chosen domicilium.
12. GENERAL PROVISIONS
12.1 This constitution (as read with the membership agreement
signed by each member) contains the entire contract between
the proprietor and each member relating to his/her membership
of the Club
12.2 No alteration, cancellation, variation of, or addition
hereto shall be of any force or effect unless reduced to writing
and signed by the proprietor or its duly authorised representative.
12.3 Neither the Club nor the proprietor shall be bound by any
undertakings, representations, warranties, promises nor the
like which is not recorded in this constitution, the membership
agreement and/or the lease.
12.4 No indulgence, leniency or extension of time, which the
proprietor may grant or show to any member shall in any way,
prejudice or preclude the proprietor from exercising any of
its rights in the future.
13. AMENDMENT OF THIS CONSTITUTION
This constitution may be amended by the proprietor in its sole
discretion from time to time by notice in writing to the members
provided that no amendment shall conflict with obligations of
the proprietor in terms of the lease. |
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Note!! |
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| Events
Calendar subject to change without notice. |
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Club
Cancellation Policy |
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| Members are requested to cancel
48 hours in advance for any Member Event to avoid being charged for the
event. |
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