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GOLF CLUB

M E M B E R S H I P C H A RT E R


ABOUT THE GLADES GOLF COURSE The Glades is a par 72, 6420 metre championship course that spans 65 hectares of land. The course layout was designed by champion golfer and Australian sporting icon and legend Greg Norman, and is typical of his trademark aggressive layouts. The Glades boasts superb agronomy that is unique to the area. In particular the greens consist of a "Tropical Bent" grass that was specially developed for the Glades. This grass will ensure a superior putting surface for the entire year. A feature on the course is the trademark Greg Norman bunkering - in total there are 98 bunkers over 18 holes. In his design, Greg not only had a vision to create a challenging golf course, but he also retained 9 hectares of wetland area to create a natural wildlife sanctuary within the course.

MEMBERSHIP CHARTER PREAMBLE Glades Golf Club Pty Ltd ACN 094 431 535 (the Owner) is the owner of the property known as The Glades Golf Club (the Glades). The Glades is a master planned golf community located at Robina in the heart of the Gold Coast. The Owner is offering membership in the Glades so that Members and their guests can enjoy the use of the Glades facilities and special privileges of membership. This charter sets out the terms and conditions of membership.


CONTENTS SECTION 1. INTRODUCTION..........................................................................................................................................5 What is the Charter? .....................................................................................................................................................................5 Contract with Owner....................................................................................................................................................................5 SECTION 2. DEFINITIONS AND INTERPRETATIONS .......................................................................................5 SECTION 3. RULES OF MEMBERSHIP .........................................................................................................................6 Membership Generally...................................................................................................................................................................6 Limitation of number of members...............................................................................................................................................7 Types of Membership available.....................................................................................................................................................7 Rights and privileges attaching to each category of Membership ........................................................................................7 Renewal .............................................................................................................................................................................................7 Sale of Golf Course and Facilities ...............................................................................................................................................7 Changes to Documents.................................................................................................................................................................8 General..............................................................................................................................................................................................8 Changes to Charter .......................................................................................................................................................................8 Applications for Membership .......................................................................................................................................................8 Termination of Membership .........................................................................................................................................................8 Membership Identification.............................................................................................................................................................9 Ownership of Golf Course and Club House Facilities...........................................................................................................9 Conduct of Members.....................................................................................................................................................................9 Liability...............................................................................................................................................................................................9 Notices to be in writing ..............................................................................................................................................................10 Effective time of Notices.............................................................................................................................................................10 Notices addressed to Members ................................................................................................................................................10 Change of address ........................................................................................................................................................................10 Evidence ..........................................................................................................................................................................................10 Commission ...................................................................................................................................................................................10 Assignment .....................................................................................................................................................................................10 No waiver.......................................................................................................................................................................................11 Governing law................................................................................................................................................................................11 Time is of the essence .................................................................................................................................................................11 Entire agreement...........................................................................................................................................................................11 Severability .....................................................................................................................................................................................11 SECTION 4. RULES OF GOLF MEMBERSHIP ........................................................................................................11 Eligibility ..........................................................................................................................................................................................11 Fees ..................................................................................................................................................................................................11 Golf Course ...................................................................................................................................................................................12 Lockers............................................................................................................................................................................................12 Discounts........................................................................................................................................................................................12 Practice Balls..................................................................................................................................................................................12 Guests .............................................................................................................................................................................................12 Golf Handicaps ..............................................................................................................................................................................12 SECTION 5. RULES FOR TRANSFER OF MEMBERSHIP ..................................................................................13 Introduction ...................................................................................................................................................................................13 Application .....................................................................................................................................................................................13 SECTION 6. GOLF COURSE RULES............................................................................................................................13 Golf Course ...................................................................................................................................................................................13 Golf Carts.......................................................................................................................................................................................13 Handicaps .......................................................................................................................................................................................14


SECTION 1. INTRODUCTION What is this Charter? 1.1

This Charter contains essential information for any person who is considering becoming a Member of The Glades Golf Club. It describes the different types of Memberships available and contains rules which apply to all Members.

1.2

Before making a decision about applying for Membership, you should read and understand all the rules contained in this Charter.

1.3

By applying for Membership, you agree to be bound by this Charter.

1.4

The fees and charges which apply to Membership are set out in the Fee Schedule which, although it is a separate document, forms part of this Charter.

1.5

Membership is not an investment and you should not regard it as an investment.

Contract with Owner 1.6

Your contract is with the Owner.

SECTION 2. DEFINITIONS AND INTERPRETATION 2.1

To assist you in reading and understanding this Charter, please take the time to read and understand the following definitions. Annual Fee means the fee for membership payable annually, bi-annually or quarterly in advance to the owner in respect of each calendar year, as set out in the Fee Schedule from time to time. Application Fee means the fee payable to apply for membership, as set out in the Fee Schedule which must be paid at the same time as the application for membership is made. Charter means this document and any document expressly referred to in it. Club House Facilities means the Glades Golf Clubhouse with golf shop, all food and beverage facilities and men's and ladies locker rooms. Conduct Code means the code of conduct made and amended by the Owner from time to time, regulating the standards of behaviour of Members and their guests while using the Golf Course and Club House Facilities. Fee Schedule means the schedule of Membership fees issued by the Owner from time to time. Golf Course means the 18 hole golf course located at the Glades. Golf Course Rules means the rules relating to the use of the Golf Course contained in this Charter Member means a person who has made an application for membership which has been accepted by the Owner. Membership means membership of the Glades Golf Course as specified in the Membership Charter. Owner means The Glades Golf Club Pty Limited (ACN 094 431 535), its successors or assigns to the ownership of the Golf Course and Club House Facilities and includes in the context where appropriate any of the Owner's authorised employees or agents. Relevant Portion means that percentage which the number of days remaining in the period for which the relevant fees have been paid as at the day on which such portion is calculated (including the day of calculation itself) represents to the total number of days in that period. For the avoidance of doubt, the period may be

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one year, six months or three months depending on the option elected by the Member for payment of the relevant fees. Resident Member means a member who resides in a property located at the Glades. Residential Lot means a residential property situated at the Glades. Transfer Fee means the fee payable to the Owner by the purchaser of a Residential Lot for transferring the outgoing resident ordinary member's membership to the incoming purchaser. In this Charter, unless the contrary intention appears; (a)

a reference to the Charter or another instrument includes any variation or replacement of either of them;

(b)

the singular includes the plural and vice versa;

(c)

the word 'person' includes a firm, a body corporate, an unincorporated association or an authority;

(d)

reference to a person includes a reference to the person's executors, administrators, successors, substitutes (including persons taking by novation) and assigns;

(e)

an agreement, representation or warranty on the part of, or in favour of, two or more persons binds or is for the benefit of them jointly and severally;

(f)

a reference to any thing (including, without limitation, any amount) is a reference to the whole and each part of it and a reference to a group of persons is a reference to all of them collectively, to any two or more of them collectively and to each of them individually;

(g)

a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;

(h)

the word 'including' or 'includes' is deemed to be followed by the words 'but not limited to', or 'but is not limited to', as the context requires; and

(i)

a reference to a particular clause number, unless otherwise stated, means the clause with that number in the Section of this Charter where the reference is made. Headings are inserted for convenience and do not affect the interpretation of this Charter.

SECTION 3. RULES OF MEMBERSHIP Membership generally 3.1

As a Member you do not have to acquire shares or an interest in any organisation, including the Owner. You are not responsible for the maintenance of the Golf Course and the Club House Facilities. You only have a contractual relationship with the Owner.

3.2

You have no interest in the land on which the Golf Course and Clubhouse Facilities are situated.

3.3

Your rights, benefits and obligations with respect to the Golf Course and Clubhouse Facilities are contractual and are regulated by this Charter. Your rights, benefits and obligations may be varied from time to time at the absolute discretion of the Owner. All of your rights with respect to the use of the Golf Course and Club House Facilities are set out in this Charter (as it may be amended from time to time) and you have no other rights whatsoever.

3.4

The Charter and the other documents specifically referred to in it contain all of the terms of the contract between you and the Owner.

3.5

Use of the Golf Course and Clubhouse Facilities by Members are subject to availability and the discretion of the Owner at all times.

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Limitation of number of Members 3.6

The Owner may change the kinds of Memberships at any time. This may involve discontinuing existing kinds of Memberships, creating new kinds of Memberships or varying the rights which attach to any category of Membership.

3.7

The Owner, at its discretion, may decide to limit the total number of Memberships or the number of Memberships to be issued in each group or category.

Types of Membership available 3.8

The following types of Membership are currently available: (a) (b) (c) (d)

Ordinary Membership; Limited Membership; Spousal Membership; Corporate Membership.

3.8.1 Any person over the age of 18 may apply to become an Ordinary Member 3.8.2 Only those persons whose place of residence is not within 150 kilometres of the Glades Club House may apply to become a Limited member. 3.8.3 Spousal Membership is available to a couple whether married or in a defacto relationship who live together on a genuine domestic basis as husband and wife. 3.8.4 Corporate Memberships shall be available upon such terms and conditions as the Owner in its absolute discretion deems fit. Rights and privileges attaching to each category of Membership 3.9

The rights and privileges which currently apply to each type of Membership are set out in this Charter. These can be changed by the Owner at any time by amending this Charter in the manner described in the Charter

Renewal 3.10 The first year's Membership lasts from the date when the Owner accepts the Membership application (and has received all relevant fees) to the next 31 December. 3.11 Membership will expire on 31 December in each calendar year, provided that you may renew your Membership (subject to the discretion of the Owner ) for the next calendar year by paying the relevant Annual Fee 3.12 The Owner reserves the right at its discretion to cancel a Member's membership at any time by refunding a relevant portion of their annual fees from the date of cancellation to the end of the annual membership period. Upon such notice, the Member's rights and interests held pursuant to that membership will immediately cease and the Member shall relinquish any and all claims associated with the membership. Sale of Golf Course and Facilities 3.13 In the event that the Owner decides to sell the Golf Course to a third party or parties the Owner may cancel all memberships and refund the portion of their annual fees from the date of cancellation to the end of the annual membership period. The Owner shall not be liable to pay any other monies to members.

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Changes to documents 3.14 The Manager can make changes to any part of this Charter and Fees Schedule, after giving Members notice as specified in clauses 3.17 and 3.18 in the Charter. General 3.15 The Charter forms part of the contract between each Member and the Owner. By submitting an application for Membership , you agree to: (a) be bound by the Charter; and (b) ensure that your guests behave appropriately, and obey the Charter. 3.16 In order to be considered for Membership an individual must be acceptable for Membership at the Owner's sole and absolute discretion. Changes to Charter 3.17 The Owner may change, remove or add to any part of the Charter at any time, at its absolute discretion, by giving notice of the proposed change to all Members. For these purposes it will be sufficient if the Owner gives notice to Members in the manner described in the Charter. 3.18 The amount of notice which the Owner must give in order to change, remove or add to any part of the Charter is 7 days. 3.19 The amended Charter will bind Members at the end of the period of notice. Applications for Membership 3.20 Any person who wishes to become a member must: (a) make application to the Owner on the appropriate application form prescribed by the Owner (b) fill out the application form in full; and (c) provide any other information in support of the application as the Owner may request. 3.21 The Application Fee must be paid in full before any membership application will be approved. 3.22 The Owner may reject any Application for Membership without giving any reason. If the Owner rejects any application, the Owner will notify the applicant of that fact in writing and return any Application or Transfer Fee (where applicable). 3.23 If the Owner accepts an Application for Membership , the Owner will give notification of that fact in writing. The Membership begins on the later of the date the Owner accepts the application for membership and the date on which the Application Fee payable by the applicant is paid. 3.24 Annual Fees are payable annually, bi-annually or quarterly in advance at the election of the member. However, for the avoidance of doubt, whilst you remain a member, payment bi-annually or quarterly is a means of payment only and the full annual fee (or so much of the annual fee as is unpaid) shall be payable and be a debt owing and recoverable by the Owner. If Membership commences other than at the beginning of a calendar year, you will be charged a Relevant Portion (the period for calculating which shall be one year) of the Annual Fee in respect of the first year of your Membership calculated on the day on which Membership is due to commence. Termination of Membership 3.25 If a Member or any of their respective guests: (a)

breaches the Charter; or

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(b) fails to pay any money such person owes the Owner within 30 days of it becoming due; or (c) fails to report to the golf shop for registration prior to commencing play on the Golf Course; or (d) behaves in the Club House Facilities or on the Golf Course in a manner which, in the Owner's sole and absolute discretion, is contrary to the best interests of the other Members or to the reputation of The Glades, the Owner may at its sole discretion cancel or suspend the Member's membership by notifying the Member. Upon notice, if a Member's membership is cancelled, the Member's rights and interests held pursuant to the membership shall immediately cease and the Member shall relinquish any and all claims associated with the membership. If a member is suspended for any period of time, the member will have no rights during the period of suspension and waives all rights that it may have against the Owner upon such suspension. The Owner shall not have any obligation to refund any application fee or annual fees to the member. 3.26 The Owner's decision under the preceding clause is final and binding on Member. Membership Identification 3.27 The Owner will issue each Member with a Membership Card. 3.28 Members must: (a)

carry their Membership Card with them at all times while using the Clubhouse Facilities or the Golf Course; (b) show their Membership Card to the Owner's staff when requested to do so; (c) not allow their Membership Card to be used by any other person; and (d) notify the owner immediately if their Membership Card is lost, stolen or destroyed. 3.29 If a Member notifies the Owner that the Member's membership card is lost, stolen or destroyed, the Owner will issue the Member with a replacement Membership Card (at the Member's cost) within a reasonable time of receiving the notification from the Member. 3.30 If a Member is unable to produce the Membership Card, the Owner may withhold Membership benefits from the Member until the Member's membership Card is produced or the Member is issued with a replacement Membership Card. Ownership of Golf Course and Club House facilities 3.31 Subject to the Charter, no Member acquires any right or obligation because of their membership with respect to the Golf Course, the Clubhouse facilities or any property, assets or liabilities of the Owner. Conduct of Members 3.32 All Members must comply with and must ensure that each of their respective guests complies with the Conduct Code. 3.33 The Owner is responsible for the Conduct Code. The Owner must provide a copy of the Conduct Code to any Member upon request. 3.34 No Member may conduct money-raising activities on the Golf Course or in the Club House facilities without holding all appropriate permits and approvals, and without the prior approval of the Owner. Liability 3.35 Members and their guests use the Golf Course and Clubhouse Facilities at their own risk. The Owner its directors, employees, agents and representatives are not liable to Members or their guests for damage to or loss of any property, or injury or death to persons. MEMBERSHIP CHARTER | 9


3.36 Each Member and each of their guests indemnifies the Owner and its respective directors, employees, agents and representatives against any loss of or damage to any property or injury or death to persons caused or contributed to by them or by their guests while using the Golf Course or Club House facilities. 3.37 Failure by a Member to pay any amounts for which he, she or it is liable under clauses 3.35 and 3.36 shall constitute grounds for termination or suspension by the Owner of that membership. Notices to be in writing 3.38 A notice, approval, consent or other communication in connection with the Charter: (a) may be given by an authorised officer of the relevant party; (b) must be in writing; and (c) subject to clause 3.31, must be left at the address of the addressee, or sent by prepaid ordinary post (airmail if posted to or from a place outside Australia) to the address of the addressee or sent by facsimile to the facsimile number of the addressee or sent by electronic mail to the electronic mailing address of the addressee. Effective time of Notices 3.39 Unless a later time is specified in it, a notice takes effect from the time it is received. 3.40 A letter or facsimile or electronic mail is taken to be received: (a)

in the case of a posted letter, on the third day after posting (unless posted to or from a place outside Australia, in which case it is taken to be received on the seventh day after posting); (b) in the case of facsimile, at the time and on the date indicated in a transmission report produced by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient notified for the purpose of this clause; and (c) in the case of electronic mail, at the time and on the date indicated by the report produced by the mail server of the mailing address of the addressee. Notices addressed to Members 3.41 A notice addressed to all Members or to a particular group of Members will be deemed to have been received by those Members if it is posted on the general noticeboard in the Club House Facilities. Change of Address 3.42 Members must notify the Owner in writing as soon as practicable about changes to their contact details as shown on their application form, or any other contact details notified to the Owner. Until the Owner receives notice of the change, the Owner may send all notices to the last address of the Member which was notified to it by the Member. Evidence 3.43 A certificate signed by an officer, staff member, or agent of the Owner stating the amount which a Member or any of their guests owes the Owner is sufficient proof of the amount owed, until otherwise proven. Commission 3.44 The Owner reserves the right to pay commission to its sales agents, for the sale of a membership, without notice to any Member.

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Assignment 3.45 The Owner may assign its rights and obligations under the contract with any Member at any time without the Members consent. 3.46 Except as otherwise stated in this Charter a Member cannot assign his or her rights and obligations under the Charter. No Waiver 3.47 No forbearance, delay or failure to exercise any power or right under this Charter (including an acceptance of a part payment) shall operate as a waiver of that power or right. No single or partial exercise of any power or right will preclude any further exercise of that power or right. Governing law 3.48 The Charter and the transactions contemplated by it are governed by the law in force in Queensland. 3.49 The Member and the Owner irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them for determining any dispute concerning the Charter or the transactions contemplated by it. The Member and the Owner waive any right they have to object to an action being brought in those courts, including claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction. Time is of the essence 3.50 Time is of the essence with regard to the Charter and the obligation of a Member to pay money. Entire agreement 3.51 This Charter and any document specifically referred to in this Charter constitute the entire agreement of the parties about its subject matter and supersede all previous agreements, understandings and negotiations on that subject matter. Severability 3.52 If the whole or any part of a provision of the Charter is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of the Charter has full force and effect, and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Charter or is contrary to public policy.

SECTION 4. RULES OF GOLF MEMBERSHIP Eligibility 4.1

All people who apply for membership must: (a) satisfy the eligibility conditions set out in the Charter; and (b) pay the Application fee and all relevant instalments of the Annual Fee to the Owner.

Fees 4.2

The Application Fee and Annual Membership Fees are set out in the Fee Schedule.

4.3

The Application fee and all relevant instalments of the Annual Fee must be paid in full before the commencement of your Membership. The Annual Fee may be paid annually, bi-annually or quarterly in advance at the election of the Member.

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4.3.1 The Application fee is payable when the person applies to become a member for the first time and such Application fee is payable again if a person rejoins after the membership has lapsed for a period of more than one year Golf Course 4.4

Subject to clause 4.5 and clause 6.2, ordinary membership entitles you to play the Golf Course without payment of green fees at any time, subject to the prior approval of the Owner. Limited membership entitles you to play the course with payment of the appropriate fee in the fee schedule. At all times you must report to the Golf Shop prior to entry onto the Golf Course.

4.5

From time to time the Golf Course may play host to tournaments for non- members (Tournament Days). On Tournament Days, the Owner will endeavour to allocate a number of tee times solely for the use of Members. Members can only play the Golf Course during these allocated times on Tournament Days.

Lockers 4.6

Members are entitled to use a golf locker on a daily basis, subject to availability. On no account may any belongings be left in a locker overnight.

4.7

The Owner its directors, employees, agents and representatives are not liable to Members or their guests for damage to or loss of any property left in the locker.

Discounts 4.8

Members may be entitled to certain discounts on goods sold or services provided in the Clubhouse Facilities. Any discounts offered will be at the absolute discretion of the Owner who will inform Members of the discounts on offer from time to time.

Practice Balls 4.9

Members are entitled to 50% discount (or such other discount as the owner may nominate from time to time) on the cost of practice range balls.

Guests 4.10 Members may introduce guests to play on the Golf Course and/or use the Clubhouse Facilities on a daily basis, subject to availability and the approval of the Owner. All daily golfing guests must be signed in at the golf shop and will be charged a green fee at the Member's guest rate. 4.11 All individuals playing golf or using the Clubhouse Facilities as daily guests of a Member must be accompanied at all times by the Member who introduced them. 4.12 Members are responsible at all times for the behaviour of his or her guests. 4.13 The Club House Facilities will not generally be available for public use but they may, at the sole discretion of the Owner be made accessible to a member of the public on the day on which that individual plays the Golf Course. Golf Handicaps 4.14 Members are entitled to nominate the Glades Golf Course as their home club. The Owner will maintain the handicap of all such Members for no additional charge. Membership Privileges 4.15 Membership Privileges (a) A Member shall be entitled to use the Golf Course and Club House Facilities. (b) The enjoyment of privileges by Members shall be subject to the terms and conditions of the Charter.

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SECTION 5. RULES FOR TRANSFER OF MEMBERSHIPS Introduction 5.1

Subject to Section 5.2, memberships cannot be transferred.

5.2

Memberships may only be transferred by a Member who is the owner of a Residential Lot at the Glades to the purchaser of his or her or its Residential Lot and subject to the conditions set out in this Section 5 within 90 days after the date of settlement of the sale of the Residential Lot.

5.3

Subject to clause 5.6, upon the sale of his, her or its Residential Lot, the Members membership will terminate unless it is transferred in accordance with this Section 5.

5.4

Members are obliged to notify the Owner of any sale or transfer of ownership of the Residential Lot which entitled them to the benefits of this Section.

Application 5.5

Within 90 days after settlement of the sale of a Residential Lot, the purchaser of that Residential Lot may apply in writing to the Owner for the right to transfer the outgoing Member's membership. If the purchaser is approved by the Owner, the purchaser must pay the appropriate Transfer Fee.

5.6

If a member sells one Residential Lot and buys another Residential Lot, then the membership does not terminate nor is the member required to pay a transfer fee. Upon the completion of such sale and purchase the member shall notify the owner of the same as soon as practicable.

SECTION 6. GOLF COURSE RULES Golf Course 6.1

Members and their guests must observe the rules of course etiquette and any other etiquette appropriate to the use of the Golf Course or the Clubhouse Facilities. These include: (a) (b) (c) (d)

repairing divots and pitch marks on the Golf Course; raking sand bunkers on the Golf Course; keeping golf carts a minimum of 20 metres away from the greens; using reasonable care for plants and trees, fixtures and equipment in the Clubhouse Facilities and on the Golf Course; (e) playing at an acceptable speed on the Golf Course so as not to delay play or offend other players. (f) immediately responding to the direction of Golf Course staff 6.2

The Owner reserves the right to close the Golf Course for play at any time without notice to Members for any reason that the Owner thinks fit. Your contract with the Owner does not include any promise or warranty that the Golf Course will be available for play and you will have no rights against the Owner as a result of the Golf Course not being available for play.

6.3

Members and their guests must report to the golf shop for registration prior to any play on the Golf Course. Failure to comply with this provision will be treated as a serious offence by the Owner and may result in the suspension or termination of Membership.

Golf Carts 6.4

Golf carts must be used when playing the Golf Course.

6.5

All golf carts used on the Golf Course and at the Glades must:

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(a) be electric or powered by some other source approved by the Owner; and (b) otherwise be of a standard and appearance and be in such condition as the Owner considers appropriate. (c) have current Queensland Transport and Main Roads registration with the appropriate Insurance 6.6

The Owner has the right to prohibit the use of a golf cart on the Golf Course, or anywhere at the Glades, either because it does not meet the standards set out in clause 6.5 or for any other reason at the Owner's discretion.

6.7

The Owner will provide golf cars to Members and their guests for use only on the course and practice areas while playing at the rate specified in the fee schedule.

6.8

All drivers of golf carts must be at least 18 years of age or hold a valid probationary or unrestricted driving licence.

Handicaps 6.9

The Owner will maintain golf handicaps in accordance with the handicapping rules of the Australian Golf Union and the Women's Golf Association for all persons who are entitled to nominate the Glades Golf Course as their home club under the Charter.

6.10 It is the member's responsibility to be aware of their own correct playing handicap at all times. 6.11 The Owner will not be liable for any errors or omissions made in maintaining handicaps.

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Glades Golf Charter  

Glades Golf Membership Charter

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