AMENDED & RESTATED CLUB NINETY SIX RULES & REGULATIONS
The following rules (the “Rules”) have been adopted effective as of May 1st, 2024, and amend, restate, and supersede all prior versions of rules and regulations regarding Club 96.
PREAMBLE
Club Ninety Six (“Club 96” or the “Club”) is a club in which invited members, Family Members of members and members’ guests may use and enjoy the Club 96 Facilities (as defined in these Rules), subject to these Rules and applicable membership documents, including but not limited to membership plans, subscription agreements, and any other documents identified from time to time by the Club as part of the membership documents (collectively, the “Membership Documents”). These Rules apply to all persons using Club 96 Facilities, whether a member, designee, guest, or other user. While it is expected that all users of Club 96 Facilities comply with these Rules at all times, these Rules are a non-exhaustive compilation of the standards governing Club use. The absence of a specific guideline or rule within these Rules shall not be construed, in any way, as consent by the Club to any behavior, conduct, or circumstance that may arise concerning the use of Club 96 Facilities.
lub 96 Facilities (the “Club Facilities” or the “Facilities”) include the clubhouse facility and the dining and other facilities within the clubhouse; swimming pools; beach; beach storage area; poolside bar and grill, fire pit areas; and the related amenities and improvements, as each may exist from time to time, located within the grounds identified from time to time by the Club as part of the Club grounds (the “Club Grounds”). Club 96 Facilities do NOT include Club Espiritu, or any other facility not directly located on Club Grounds.
Wherever these Rules refer to the Club acting or having certain rights, such actions or rights belong solely and exclusively to Cabo Development, Ltd. (the "Sponsor"); Club Cabo LLC (“Managing Member”), as the managing member of Cabo CM LLC (“Cabo CM”); or, Club 96 S. de R.L. de C.V. (“Operator”), as the case may
The Club may, in its sole discretion and for any reason whatsoever, amend these Rules from time to time. Amendments will be effective when: (a) such amendments are physically posted at the Club, or (b) provided to the Club members according to such member’s contact information then on file with the Club, whichever first occurs. In each instance herein where the Club has the right to make, give, or undertake any determination, consent, approval, or action, unless otherwise expressly provided to the contrary in these Rules or the other Membership Documents, the Club may make, give, or undertake the same in its sole discretion.
In exchange for the privilege of access to Club Facilities (the “Membership Privileges”), each user of Club Facilities and all related persons are deemed to have actual notice and knowledge of these Rules and are charged with the responsibility to comply with them at all times. In exchange for the privilege of access to Club Facilities, each user of Club Facilities undertakes the personal responsibility to inform himself or herself of the substance of these Rules, as they may be amended from time to time.
GENERAL CLUB RULES
1. Members, their Family Members and guests, and all persons using any of the Club Facilities shall, at all times, abide by all Rules currently in effect as they may be amended from time to time.
2. The Club Facilities are available for use only during such operating hours as the Club, in its sole discretion, determines and publishes from time to time. The Club may close, restrict the use of, or limit access to some or all the Club Facilities at any time and from time to time, including during normal operating hours, for maintenance, repairs, construction of new facilities, renovations, or for any other reason. The Club may from time to time restrict or reserve the use of some or all the Club Facilities for special events or private parties, including during normal operating hours. No such restriction(s) shall relieve members of their financial or other obligations to the Club
3. Performance by entertainers will be permitted on the Club Facilities only with the advance, written permission of the Club. The Club may decline such permission for any reason
4. Group dining room activities are permitted only when such activity has been pre-authorized, in writing, by the Club. The Club may decline such permission for any reason.
5. Alcoholic beverages will not be served, sold, or consumed at or within any of the Club Facilities if prohibited by applicable law. Each person who consumes or purchases alcoholic beverages is responsible for and assumes all risks related to his/her own health, behavior, and conduct at all times. Persons who have not obtained the required age for lawful consumption of alcoholic beverages may not be served, and shall not be permitted to purchase, alcoholic beverages at Club Facilities. The Club reserves the right to require proof of age of anyone requesting to be served or to purchase alcoholic beverages. Notwithstanding the personal responsibility of, and the assumption of the risk by, each person relative to his/her own consumption or purchase of alcoholic beverages, the Club reserves the right to refuse service to anyone, to require any person to leave the Club Facilities, or to take any other action that the Club, in its sole discretion, deems appropriate
6. Unless prior authorization is first obtained from the Club in writing, and except as needed for infants, no person shall bring or consume food or beverages at the Club Facilities except those furnished by the Club.
7. Employees may not deliver food or alcoholic beverages to any location away from the immediate area of the Club Grounds unless otherwise authorized by the Club.
8. Commercial or personal advertisements shall not be posted or circulated in Club Facilities, solicitations of any kind shall not be made at any of the Club Facilities, and no person may use the Club's stationery for any advertisement or solicitation without the prior written approval of the Club. Other than as permitted in writing by the Club, no petition shall be originated, solicited, circulated, or posted on or within Club Facilities or Club Grounds.
9. Unless previously approved in writing by the Club, no person shall use or distribute the Club membership roster or any membership information for solicitation, for any commercial purpose, or any other reason.
10. Unless previously approved in writing by the Club, Club Facilities may not be used for functions, fundraising efforts, business purposes (including, by way of example, general solicitation of business from other members or their guests), political causes or benefits, or religious services, gatherings, or practices.
11. All persons using Club Facilities must refrain from requesting special personal services from employees of the Club who are on duty, or requesting personal use of the Club’s furnishings, supplies, or equipment which are not intended for personal use at the Club Facilities by members and guests.
12. Pets are not allowed on Club Grounds. Animals assisting visually impaired persons and medical assistance dogs (“Service Animals”) are permitted in all areas of the Club with prior written approval by the Club. Each request to admit a Service Animal will be reviewed on a case-by-case basis and may be denied by the Club for any reason in its sole discretion. All Service Animals must be on a leash, or inside a crate or handbag at all times. Under no circumstances are animals allowed in the pool. It is the sole responsibility of pet owners to clean up after their pets. Members or guests are responsible for and assume all risks related to any loss, damage, or injury caused by the animal. The Club reserves the right to require immediate removal of any animal from the Club Facilities, temporarily or permanently.
13. Only the Club and its designees shall supervise, give direction to, or reprimand Club employees. Any Club employee not rendering courteous and prompt service should be reported to the management of the Club immediately. Verbal or physical abuse, or harassment of Club employees will not be tolerated. Under no circumstance shall any person using Club Facilities request that an employee leave the Club Facilities.
14. Solicitation, hiring or attempting to hire (directly or indirectly) Club personnel or any other employee of TGI International S. de R.L. de C.V, Charter 96 S. de R.L. de C.V., or Operator is not permitted at any time during the term of membership.
15. Self-parking is only permitted in areas specifically identified as such. "No Parking" signs must be observed at all times. Parking is strictly prohibited on all grassed areas. Vehicles parked in violation of "No Parking" signs may be towed at the owner's expense.
16. All Club Facilities are smoke-free. Smoking (including but not limited to tobacco products, cigarettes, cigars, pipes, and e-cigarettes), vaping, hookah use, and use of chewing tobacco of any kind is prohibited at all Club Facilities and on the Club Grounds.
17. Talking, video conferencing, and playing of videos, music or games audible to other members on cell phones or other devices is permitted only in designated areas.
18. Unless expressly authorized in writing by the Club, no fireworks are permitted at Club Facilities or anywhere on the Club Grounds. The Club reserves the right to organize and conduct firework displays from the Club Facilities and Club Grounds.
19. Firearms and all other weapons as defined by the Club from time to time in its sole discretion are strictly prohibited, at all times, at or in the vicinity of all Club Facilities and Club Grounds.
20. Any person who violates any of these Rules, or who conducts himself/herself in a manner deemed by the Club to be prejudicial, harmful, detrimental, or undesirable to the best interests of the Club (or any of the Sponsor, the Operator or any of their respective affiliates or direct and indirect owners), shall be subject to appropriate disciplinary action by the Club. Such disciplinary action(s) may include but are not limited to, suspension or termination of Club membership, loss of or limitation of the use of Club Facilities, reporting illegal or offensive conduct to appropriate legal authorities, or any other disciplinary action deemed appropriate by the Club in its sole discretion.
21. The Club may require, in connection with or as a condition of any person’s use of Club Facilities, use of equipment, participation in an activity, or receipt of any services, that such person execute certain forms documenting such use, activity or receipt of services. The existence or absence of such additional documentation shall not limit the applicability of these Rules to all persons and all subject matters addressed in these Rules.
22. Each user of Club Facilities/Grounds, and each person who, in any manner, makes use of or accepts the use of any apparatus, appliance, amenity, equipment, facility, privilege or service whatsoever owned, leased, offered by, associated with, or operated by the Club, or who engages in any contest, game, function, exercise, competition or other activity operated, organized, arranged, associated with, or sponsored by the Club, on the Club's premises, or at any other location, does so completely at his or her own risk. EACH MEMBER (EACH AN “INDEMNIFYING PARTY”) HEREBY RELEASES, DEFENDS, INDEMNIFIES, AND HOLDS HARMLESS THE CLUB, THE SPON- SOR, THE MANAGER, THE OPERATOR, CABO CM, LLC, BEACH CLUB TRUST “THE TRUST”, ANY MANAGER OF THE CLUB FACILITIES, AND ANY MEMBERS OF THE CLUB'S ADVISORY BOARD, BOARD OF GOVERNORS, AND COMMITTEES, TOGETHER WITH THEIR RESPECTIVE AFFILIATES, SUCCESSORS AND ASSIGNS, SHAREHOLDERS, PARTNERS, DIRECTORS, OFFICERS, TRUSTEES, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") OF, FROM AND AGAINST ANY AND ALL LOSSES, COSTS, CLAIMS, DEMANDS, EXPENSES, INJURIES, DEATH, DAMAGES, PROPERTY DAMAGE OR LOSS OF USE OF PROPERTY, OR LIABILITIES (INCLUDING, WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, COSTS OF SUIT, AND RELATED EXPENSES) SUSTAINED OR INCURRED BY SUCH INDEMNIFYING PARTY (OR HIS OR HER FAMILY MEMBERS OR GUESTS), OR BY ANYONE CLAIMING BY, THROUGH, OR UNDER SUCH INDEMNIFYING PARTY (OR HIS OR HER FAMILY MEMBERS OR GUESTS), ARISING OUT OF OR RELATING TO USE OF ANY OF THE CLUB FACILITIES, THE PARTICIPATION IN ANY CLUB ACTIVITIES, OR THE USE OF ANY CLUB EQUIPMENT, SERVICES, OR AMENITIES BY THE INDEMNIFYING PARTY, ANY FAMILY MEMBER OF THE INDEMNIFYING PARTY AND ANY GUEST OF THE INDEMNIFYING PARTY WHATSOEVER, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, STRICT LIABILITY, ACT, OMISSION, OR OTHER FAULT OF ANY OF THE INDEMNIFIED PARTIES.
MEMBERSHIP ACCOUNTS/IDENTIFICATION
1. Upon satisfaction of all applicable membership requirements, the Club will create a membership account for the member holding the membership (the “Sponsoring Member”), and his or her Family Members (defined below). Membership accounts will only be honored by the Club to members who have paid dues, whose accounts with the Club are current, and who are in good standing with the Club. As used herein, the term “Family Members” means, concerning a member, each of the following: the spouse of such member, the children (by blood, marriage, or legal adoption), and grandchildren whose names have been registered with and accepted by the Club. The Club may require reasonable proof of family relationship (e.g., birth certificate, marriage license, or other documentation).
2. Each member may receive a Radio Frequency Identification (‘RFID’) tag and/or other such identification decals and insignia to affix to any vehicles to be parked in the Club’s parking facilities as the Club may from time to time designate and shall display such insignia on such vehicle as required by the Club. Members are encouraged to utilize golf carts as transportation to the Club as the use of full-size vehicles may be restricted during certain times as determined by the Club.
MEMBER DUES & CHARGES
1. Members' Club dues will be billed on a monthly basis unless otherwise determined by the Club. Incidental charges incurred at the Club will be billed on the member’s following month's Club statement or the member’s previously arranged and Club-approved ‘end of stay’ account bill. The ‘end of stay’ account bill will be added to the member’s current month statement or paid upon checkout via credit card or other means of payment accepted by the Club. The ‘end of stay’ account procedures and parameters shall be as identified and established by the Club from time to time in its sole discretion.
2. If a member’s monthly account balance is not paid in full within ten (10) days after receipt of the monthly statement, a late charge of ten percent (10%) of the delinquent account balance will be added.
3. If the member fails to pay any amounts owed to the Club within thirty (30) days after the monthly statement is due, the member shall be deemed delinquent (and shall not be a member in good standing). If any member’s Club account is delinquent, the Club, at its option, may take whatever action it deems necessary, including without limitation, suspension, or termination of the membership. Furthermore,repeated incidents of delinquency by the member constitute grounds for termination of the Club membership, or such other appropriate- ate action as determined by the Club in its sole discretion.
4. The Club’s decision to take, or refrain from taking a particular action is not a waiver of any other rights or remedies the Club may have under these Rules or applicable laws. If the Club commences any legal action to collect any amount owed by any member or to enforce any other liability of any member to the Club, the Club may recover and the member shall be liable for all reasonable attorneys’ fees, costs, and expenses of such legal action, including any fees required in connection with any appellate proceedings.
GRATUITIES
1. For the convenience of all members, a minimum gratuity, as determined from time to time by the Club, may be added to certain food and beverage sales. A Club Facilities user may increase the gratuity by signing the ticket invoice and changing the amount of the gratuity at such user’s personal discretion, and all such changes shall be paid by the member. No user of Club Facilities may reduce the minimum gratuity as determined by the Club.
2. Club Facilities users may leave a gratuity on any food and beverage sale at such user’s personal discretion and all such gratuities shall be paid by the user.
3. It is customary for the Club to send a letter providing an opportunity for members to contribute a suggested contribution to a holiday fund benefitting all Club employees. Payment of such contribution is voluntary and will be included on the contributing member's November statement. This holiday fund provides the members with an opportunity to show their appreciation to Club employees during the holiday season. Club management shall be responsible for the distribution of these funds. Funds will be distributed in entirety to all employees with the exception of the Club’s executive team and general manager.
CONTACT INFORMATION
1. Each member is responsible for providing the Membership Office with current and complete contact information where the member wishes all notices, invoices, and communications relating to the Club to be sent. The Club Membership Office will provide appropriate forms to the member. Contact information must include the member’s current physical mailing address, current email address, and one or more current telephone numbers. The member is responsible for updating and keeping all required contact information current. A member is deemed to have received and to have actual notice of communications from the Club within ten (10) days from the date such communication is mailed to the physical mailing address then on file with the Club, or within three (3) days from the date such communication is emailed to the email address then on file with the Club, whichever applies. In the absence of a current mailing or email address then on file at the Membership Office, the Club may, but is not required to, address any Club communication to any physical or email address as the Club manager may, in their discretion, believe is likely to reach a member, and any such deliveries shall be deemed received by the member within the same time periods as described above.
2. The Club must be notified in writing, through the Club Membership Office, of any change of address or other contact information. Failure to do so is a violation of these Rules as to which the Club may take appropriate disciplinary action.
3. The Club will use its reasonable efforts to ensure that such contact information is not distributed or made available to vendors or marketing firms.
MEMBERSHIP CORRESPONDENCE
All suggestions concerning the management, service or operation of the Club or its Facilities must be in writing, signed by the member, and addressed to the Member Services team at memberservices@clubninetysix.com. If a member believes an error in billing charges has occurred, all such communications should be directed to the attention of the Member Services team at memberservices@clubninetysix.com within ten (10) days of the transmission of the billing statement to the member. Absent such communication, billings reflected in the statement will be deemed approved by the member.
CLUB SERVICES & ACTIVITIES
1. The Club, in its sole discretion, may provide a variety of social and recreational events in which all members are encouraged but not required to participate.
2. Special events and functions may be scheduled from time to time by the Club.
3. Club members may use Club Facilities for private functions only with the prior written consent and approval of Club management. The Club has the exclusive discretion to accept, reject, or modify a Club member’s proposal for any private function. Club members must reserve all Facilities in advance through the appropriate Club personnel.
4. Private functions are permitted at the Club only with prior written permission from the Club. The individual sponsoring any such function assumes full responsibility for: (a) all personal injury, bodily injury, or property damage of any kind related to or arising out of such function, (b) the conduct of all attendees at such function, and (c) payment of all costs, expenses, and charges incurred or assessed by the Club associated with such function.
RESIGNATION OF MEMBERSHIP
1. A member may resign membership in the Club by delivering written notice of resignation to the Club's Member Services team or emailing notice to the Club’s Member Services team (email resignations must be sent with read receipt enabled and shall not be deemed effectively given until receipt is confirmed in writing by the Club’s Member Services team) and taking all such other actions as may be required under applicable Membership Documents. A notice of resignation is irrevocable. A Club membership resignation is effective when such member's membership has been canceled or redeemed, in accordance with applicable Membership Documents.
2. Notwithstanding the delivery of any notice of resignation to the Club’s Member Services team, the member must continue to promptly pay the Club for all unpaid amounts due (and that accrue) with respect to such member's Club account. Dues shall continue to accrue through the end of the month in which the member’s resignation becomes effective.
DISCIPLINE
1. Members are responsible for their own conduct and Club account charges, for the conduct and Club account charges of their Family Members and guests, and for the conduct and account charges of all users of Club Facilities who are associated with such member’s Club membership. Should the Club, in its sole discretion, deem any person’s conduct likely to endanger the welfare, safety, or good reputation of the Club, or inappropriate to the best interests and financial well-being of the Club for any reason, the Club may: (a) reprimand, fine, or expel the member, (b) terminate, suspend or limit the Membership Privileges of the member (and, accordingly, such member’s Family Members or guests), or (c) take any other appropriate disciplinary or corrective actions, at any time, in its sole discretion, with respect to one or more memberships. The Club shall be the sole judge of what constitutes improper conduct, but improper conduct includes, without limitation: (i) failing to meet any eligibility requirement for membership, (ii) submitting false information on the Subscription Agreement, submitting false information on the Prospective Member Information Statement or submitting false information on the Guest Registration Form, (iii) allowing his or her membership to be used by another person that is not authorized to do so by the Membership Documents, (iv) failing to pay any amount owed to the Club in a proper and timely manner, (v) failing to abide by these Rules and any other rules, policies, or procedures as may be established by the Club from time to time, (vi) abusing or mistreating Club personnel or employees, (vii) indictment, arraignment, or conviction of a felony (member or spouse) or other crime or offense, (viii) acting in a manner incompatible with the standard of conduct of the existing membership which the Club determines is likely to injure the reputation of the members or the Club, or (ix) soliciting, hiring or attempting to hire Club personnel or any other employee of TGI International S. de R.L. de C.V. or Operator.
2. Any member suspected of improper conduct shall be notified of the Club's disciplinary action, except that the Club may, without any notice or hearing, immediately suspend or terminate some or all privileges associated with a membership.
3. If the Club determines that the conduct of any member, Family Member, or member’s guest using Club Facilities is improper, the Club may expel the responsible member; terminate, suspend, or restrict the Sponsoring Member's Membership Privileges; restrict the use privileges of the responsible member's Family Member; or restrict the use of the Club Facilities by the guest whose conduct was improper. No member is entitled, on account of any restriction or suspension, to any refund of any dues or any other fees. During the restriction or suspension period, dues and other charges shall continue to accrue.
LOSS OR DESTRUCTION OF PROPERTY OR INSTANCES OF PERSONAL INJURY
1. By utilizing any of the Club Facilities, each user of Club Facilities assumes sole responsibility for his or her property. The Club is not responsible for any loss or damage to any personal property used, left, placed, or stored on or within the Club Facilities or on Club Grounds, whether in lockers or elsewhere, and whether resulting from theft or any other cause whatsoever. To the extent permitted by applicable law, any personal property left on or within the Club Facilities for two (2) months or more without payment of storage fees thereon automatically, with or without further notice, becomes the sole and exclusive property of the Club. All such property, to the extent permitted by applicable law, may be kept or sold by the Club, with or without notice, at a public or private sale, or may be other- wise disposed of, and all proceeds, if any, may be retained by the Club. The Club may charge appropriate costs of all such sales to a member’s Club account, if permitted under applicable law.
2. Absent prior written authorization from the Club, no person shall remove any Club property or furniture from the room or location in which it is placed, or from the Club Facilities or Club Grounds.
3. Every member of the Club is liable for and must pay for any loss of, use of, or damage to Club property caused by the member, or such member’s Family Member, guest, or other authorized designee. The cost of such damage or loss of use shall be charged to the responsible member's Club account unless the Club authorizes in writing another acceptable means of restitution.
4. Should any person bound by these Rules bring suit or any other formal proceeding against any of the Indemnified Parties in connection with: (a) any event operated, organized, arranged, or sponsored by the Club, or (b) on any other claim or matter in connection with membership in the Club, or (c) any use of the Club Facilities, or (d) any use of any apparatus, appliance, amenity, equipment, facility, privilege or service whatsoever owned, leased, offered by, associated with, or operated by the Club, each such person shall pay and be liable for all costs, expenses, and attorneys’ fees (including all appellate proceedings) incurred or owed by the prevailing Indemnified Party(ies).
RESERVATIONS & CANCELLATIONS
1. Reservations may be required from time to time as determined by the Club for the use of poolside beach cabanas, lounge chairs, bar/restaurant areas, and other facilities and equipment of the Club. Reservations will be considered on a first-come, first-served basis by pre-registering with the appropriate personnel of the Club. Reservations for parties of more than ten (10) persons will be accommodated on an "as available" basis.
2. Members are asked to assist in maintaining required service levels by making reservations for dining prior to 5:00 p.m. on the day involved. A 24-hour advance notice is requested for parties of more than ten (10) persons, and a set menu should be arranged for such parties whenever possible. The courtesy of providing notice of necessary changes or cancellations is requested no later than 3:00 p.m. on the day involved, or a cancellation fee may apply.
3. For all Club functions held in the Club dining areas, tables will be assigned on a first-call, first-choice basis. Reservations for specific tables will accommodated on an “as available” basis.
4. Dining reservations will be held for 15 minutes after the reserved time. After such time, the reservation will be forfeited.
5. No Club Facilities user shall plan or set dates for dining room activities without prior approval of the Club.
CHILDREN
1. All children under the age of thirteen (13) must be accompanied by at least one (1) adult member or representative of member and must be closely supervised by such adult at all times. The authorized adult or legal guardian is responsible at all times for the child’s safety and conduct while on the Club’s premises or using the Club Facilities.
2. Members are responsible at all times for the conduct and safety of their children when enjoying the Club Facilities.
ATTIRE
It is expected that members and all persons will choose to dress in a fashion compatible with the Club surroundings, atmosphere, the particular occasion, and in support of the Club’s good reputation. Users of Club Facilities must choose tasteful attire that is appropriate for the particular activity in which such persons are engaged. Members must advise their guests of the dress requirements. The Club may also publish dress requirements from time to time and proper attire is required in all dining areas. Specific dress codes may be made applicable to various designated mealtimes. During lunch, cover-ups/T-shirts and shoes are required. During dinner, “resort casual attire” is required, including shoes. The Club reserves the right to refuse entry or service to any persons whose attire is not suitable.
GUEST PRIVILEGES
1. Guest privileges may be extended, from time to time, under the rules established by the Club. Guests will be entitled to use the Club Facilities only in accordance with the privileges of the membership of the Sponsoring Member and upon payment of daily guest fees, if any. The Club reserves the right to limit the number of guests that are invited by a member on any given day and the frequency of visits by any individual guest. The Club shall establish from time to time the rate of the daily guest fees, charges, and the rules and regulations for the guests’ use of Club Facilities. Guest privileges may be denied, withdrawn, limited, or revoked at any time by the Club in its sole discretion.
2. All guests shall be classified by the Club as (i) Houseguests, or (ii) Day Guests. The Club shall have the right to host guests from time to time.
3. Houseguests
- A Houseguest is a guest temporarily residing in a member's residence while the member is not in residence in Villas del Mar or other communities designated by the sponsor and not paying compensation to the owner of the residence.
- b. Houseguests must be registered via a Guest Registration Form by the Sponsoring Member with the Club Membership Office, at least twenty-four (24) hours prior to the arrival date of the Houseguest. Registration forms will be made available by the Club upon request.
- c. No remuneration or other consideration can be paid or given by a Houseguest to the member for use of such member’s residence or access to the Club. If the member receives remuneration from a Houseguest, such member shall be deemed in violation of these Rules and is subject to disciplinary action by the Club, which may include termination of the member’s Club membership.
- d. Guest cards for Houseguests may be issued by the Club for the length of stay according to the member- sponsored Houseguest Guest Registration Form on file. No Houseguest shall have privileges at the Club for any period beyond such Houseguest’s registered period of stay, unless privileges are extended beyond the original length of stay in writing by the Club.
- e. Houseguests may be charged a daily use fee for each day they have access to the Club Facilities.
- f. The Sponsoring Member may also enjoy use of the Club during the period of time the Houseguest is in residence.
- g. The Houseguest, upon approval of the Club, will be issued temporary charge privileges. The Houseguest will have the opportunity to pay his or her charges at the Club at the end of his or her stay. The Sponsoring Member is responsible for all charges made by his or her Houseguests which are not paid timely by the Houseguest.
- h. If issued a guest card, Houseguests must have their guest card with them at all times while using the Club Facilities.
- i. The Club reserves the right to require valid, legal identification by each Houseguest.
- j. A Houseguest may not be registered for use of the Club Facilities for more than ten (10) days in any calendar year.
Each member may register up to ten (10) days of Houseguest usage during each calendar year. No Houseguests will be allowed at the Club during the following dates of each calendar year (the “Excluded Dates”): November 18th – November 30th, December 25th – January 5th, March 10th – April 28th. The Excluded Dates and the maximum number of Houseguest usage days per year may be accommodated by the Club upon written request of a member. - k. The Sponsoring Member shall be responsible for the conduct of a Houseguest while at the Club or while using Club Facilities. If the manner, deportment, appearance, or conduct of any Houseguest is deemed to be unsatisfactory, the Club may require the Houseguest to leave the Club Grounds and discontinue use of the Club Facilities.
4. Day Guests
- a. All guests who are not Houseguests shall be considered Day Guests.
- b. Unless otherwise permitted by the Club, all Day Guests must be accompanied by the Sponsoring Member at all times.
- c. The Sponsoring Member shall be responsible for all charges incurred by the Day Guest. Guest charges incurred by any Day Guest that are not fully and timely paid by such Day Guest will be charged against the Sponsoring Member's Club account.
- d. Day Guest privileges may be limited by the Club, from time to time. Notice of such limitations will be given by the Club when advance notice is possible and practical. The Club may limit Day Guest privileges at any time without notice in its sole discretion.
- e. The Sponsoring Member is responsible for the conduct of a Day Guest while at the Club while using Club Facilities, and while present upon Club Grounds. If the manner, deportment, appearance, or conduct of any Day Guest is deemed by the Club to be unsatisfactory, the Club may require the Day Guest to leave the Club Grounds and discontinue use of the Club Facilities.
GENERAL POOL RULES
1. Pool hours are from 8 a.m. – 6 p.m. daily, but may vary from time to time, at the Club’s discretion. Special events, as determined by the Club from time to time, may alter these hours. Swimming is permitted only during designated hours. Regardless of regular pool hours, however, the pools are officially closed whenever a "CLOSED" sign is posted.
2. ALL PERSONS USING THE POOL OR AREAS IN THE VICINITY OF THE POOL DO SO AT THEIR OWN RISK. Each person using the pool or who is in the vicinity of the pool is solely responsible for: (a) his or her own health assessment, fitness for using the pool or being in the pool vicinity, and safety while using the pool or being in the pool vicinity; and, (b) his or her own conduct, at all times. There are NO lifeguards at the Club Facilities. Any injuries or accidents should be reported to the Club attendant immediately.
3. Children thirteen (13) years and younger must be accompanied and supervised by an adult at all times.
4. Any person (including but not limited to children) who cannot swim must be directly and actively accompanied by a parent, guardian, or other adult capable of life-saving the non-swimmer at all times while such non-swimmer is in the pool areas. Each person is personally responsible for determining his or her swimming proficiency and taking all prudent actions to ensure his or her own personal safety and that of others in the pool area.
5. Children must be at least three (3) years of age and toilet-trained to use the pool. Children wearing diapers, other than swim diapers, are not permitted in any pool.
6. To maintain a clean facility and pool, all persons must shower before entering the pool, in order to remove sand and salt when returning from the beach.
7. Bottles, glass objects, drinking glasses, and sharp objects are not permitted in the pool areas. Trash should be placed in the proper receptacles located throughout the pool areas.
8. Food is allowed only in designated areas of the pool facilities.
9. All swimmers must wear proper swimming attire. Cut-offs, dungarees, and Bermuda shorts are not considered appropriate swimwear.
10. Personal audio devices (such as iPods, iPhones, iPads, etc.) are welcome with individual ear sets or headsets only.
11. Animals, bicycles, skateboards, play balls of any type, and coolers are not permitted in the pool areas.
12. Lifesaving and pool cleaning equipment should be used only for the purposes intended.
13. Running, ball-playing, jumping from any elevated pool deck or infinity edge, and hazardous activities are not permitted in the pool areas. Pushing, dunking, and dangerous games are not allowed.
14. Diving is not permitted unless otherwise indicated at the pool.
15. Fishing, spear fishing, and snorkeling equipment, other than a mask and snorkel, are not to be used in the pool areas except as part of an organized activity.
16. Throwing footballs, Frisbees, tennis balls, or other objects, spitting or spouting water, and tag games are not permitted in the pool areas. The pool staff has the authority to expel anyone from the pool areas who do not follow these Rules or whose conduct is other- wise unbecoming.
17. Swimming parties are permitted with prior written authorization from the Club and must be arranged through the Club.
18. To maintain a clean and pristine pool environment that meets the Club’s standards, all persons using pool furniture are required to cover the furniture with a towel when using suntan oils and lotions, as the use of these oils and lotions could stain or damage the furniture.
19. All persons using the pool areas are encouraged to assist in maintaining Club standards by keeping the areas clean and properly disposing of towels, cans, and all other trash in the proper receptacles.
20. Flotation devices are permitted for non-swimming children. Small toys such as balls, water guns, rings, etc., may be permitted, depending on the number of persons in the pool and the manner in which the toys are used. Pool rafts may be permitted, depending on the size of the raft and the number of persons in the pool. The pool staff has the authority to discontinue the use of these rafts or any other item upon the determination that they present a safety hazard or hinder the enjoyment of the pool by others. Tire inner tubes are not permitted at any time.
21. Persons who leave the pool areas for over 30 minutes must relinquish lounges and chairs by removing all towels and personal belongings. Saving chairs for persons absent from the pool areas is prohibited.
22. Each person using the pool or who is in the vicinity of the pool acknowledges and agrees that he or she is fully informed of and knowingly assumes all dangers and risks associated with pool use or presence in the pool area. Such risks may include but are not limited to, drowning, harmful exposure to sunlight, sunburn, dehydration, bites, stings, or attacks by insects, creatures, or animals, harmful contact with plants, or misconduct of other persons.
GENERAL BEACH EQUIPMENT RULES
1 At its option, the Club from time to time may provide ocean kayaks, snorkeling gear, body boards, life jackets, and other beach equipment to authorized users of Club Facilities. All such equipment is available on a "first-come, first- served” basis, unless equipment has been reserved in advance. Time limits on usage may be established from time to time. The fees and service charges for each use shall be established by the Club from time to time.
2. Each person using Club-provided beach equipment is solely responsible for: (a) his or her own health assessment, fitness for using Club-provided equipment, and safety while using such Club-provided equipment; (b) his or her own conduct while using such Club-pro- vided equipment; (c) the safe operation and use of all such equipment so as not to injure or annoy other persons using Club Facilities; (d) the safe operation and use of all such equipment so as not to cause property damage, loss, or loss of use to the Club-provided equipment or any other property; and, (e) fully inspecting all equipment prior to use and fully informing himself or herself as to the proper and safe use of all equipment prior to use.
3. Each user of Club-provided beach equipment or beach-related Club Facilities accepts all such Club-provided equipment and Facilities “as is, where is,” with all defects, latent or patent. With respect to all Club-provided equipment and Facilities, each user acknowledges and agrees that all express or implied warranties are disclaimed, including any warranty of fitness for any particular purpose. Each user further acknowledges and agrees that any misuse of Club- provided equipment or Facilities is inherently unforeseeable to the Club or to any of the Indemnified Parties, and each user fully assumes all risks associated with his or her misuse of equipment or Facilities.
4. Each user of beach-related Club Facilities or Club-provided beach equipment acknowledges and agrees that he or she is fully informed of and knowingly assumes all dangers and risks associated with beach use, use of beach equipment, swimming and related swimming activities, and all water, sea or ocean activities. Such risks may include, but are not limited to, drowning, harmful exposure to sunlight, sunburn, dehydration, bites, stings or attacks by aquatic creatures or land animals, harmful contact with plants, animals and aquatic creatures, misconduct of other persons, equipment failure, or stranding away from the shoreline.
5. Deposits for beach equipment may be required by the Club. In the event of loss of or damage to Club-provided equipment, deposits may be retained or applied, in whole or in part, to repair or replace any equipment lost or damaged. User is financially responsible for the replacement and/or repair of lost or damaged beach equipment.
All Rules are subject to change from time to time, at the Club’s sole discretion.
RULES & REGULATIONS CLUB ESPIRITU
GYM RULES
1. Hours of Operation:
1.1. The club determines regular gym hours, which may vary seasonally.
1.2. From July to October (summer season), hours may change. Please check at reception for updates.
2. Check-In:
2.1. All members must register at reception upon entering the gym.
3. Access for Minors:
3.1. Children under 14 are not permitted in fitness areas for safety reasons.
3.2. Youth aged 14-17 must always be accompanied and supervised by an adult.
4. Appropriate Attire:
4.1. Sportswear and appropriate footwear are required for safety and comfort.
5. Food & Drinks:
5.1. Only water and sports drinks are allowed inside the facilities.
6. Personal Belongings:
6.1. We recommend storing personal items in the lockers provided. The club is not responsible for lost or misplaced items.
7. Equipment Use:
7.1. Return equipment to its designated place after use.
7.2. Wipe down equipment after each use to maintain hygiene and a pleasant environment.
8. Towel Use:
8.1. Place used towels in the designated baskets after your workout.
9. Cell Phone Use:
9.1. Keep phones on silent mode in workout areas out of respect for others.
9.2. Calls and video calls are prohibited in the gym and studios.
10. Private Fitness Services:
10.1. All personal training and spa services must be arranged through reception. External trainers and therapists are not permitted.
11. Use of Spinning and Pilates Rooms:
11.1. Access to these rooms requires prior authorization from reception staff
PICKLEBALL COURT RULES
1. Hours & Reservations:
1.1. Courts are available from 8:00 a.m. to 6:00 p.m.
1.2. Reservations must be made at least 48 hours in advance at reception.
1.3. From November to April, cancellations for classes or activities require 48-hour notice.
1.4. A 10-minute grace period is allowed. After this, the reservation will be canceled.
2. Rules of Use:
2.1. Users are responsible for their safety and well-being while on the court.
2.2. Keep the court clean and dispose of trash after use.
2.3. An adult must accompany children under 13.
2.4. Sportswear and appropriate footwear are mandatory. Shirts must be worn.
2.5. Only balls provided by the club are allowed.
2.6. Food, alcoholic beverages, and glass items are prohibited.
3. Prohibited Conduct:
3.1. Jumping or sitting on the net.
3.2. Smoking in the area.
3.3. Offensive language or misuse of equipment.
3.4. Bringing pets onto the court.
3.5 Deliberately striking the racket against the court surface is strictly prohibited. Any damage caused will be the responsibility of the individual.
TENNIS COURT RULES
1. Hours & Reservations:
1.1. Courts are available from 7:00 a.m. to 6:00 p.m.
1.2. Reservations must be made at least 48 hours in advance at reception.
1.3. Members may book a maximum of one hour per 48 hours during high demand.
1.4. A 10-minute grace period is allowed. After this, the reservation will be canceled.
2. Rules of Use:
2.1. Users are responsible for their safety and well-being.
2.2. Leave the court clean and free of trash after use.
2.3. An adult must accompany children under 13.
2.4. Proper sports attire, including shirts and appropriate footwear, is mandatory.
2.5. Only club-provided balls are allowed.
2.6. Food, alcohol, and glass items are prohibited.
3. Prohibited Conduct:
3.1 Jumping or sitting on the net.
3.2 Smoking in the area.
3.3 Offensive language or misuse of equipment.
3.4 Bringing pets onto the court.
3.5 Deliberately striking the racket against the court surface is strictly prohibited. Any damage caused will be the responsibility of the individual.
CLASS PACKAGES FOR TENNIS AND PICKLEBALL
1. Package Validity:
1.1 Members have four weeks to complete the classes included in the package. Unused classes cannot be carried over; the full package cost will apply after this period.
2. Class Duration:
2.1 Each class lasts 60 minutes. Packages include 10 classes, not 10 hours.
3. Booking:
3.1 Classes may be booked up to 7 days in advance.
4. Court Assignment:
4.1 Classes alternate between courts 1 and 2.
5. Cancellation Policy:
5.1 Cancellations require at least 24 hours' notice. Late cancellations will be considered a "No Show," and charges will apply.