Serenbe Swim Club, Inc. ("SSC") in its sole discretion at any time may establish additional General Club Rules and may modify or rescind existing General Club Rules set forth herein.  Decisions made by SSC regarding the interpretation and application of these General Club Rules shall be final and binding on all persons using the Club Facilities.  The words used herein shall have the same meaning as set forth in the Membership and Operating Policies for Serenbe Swim Club, as they may be amended from time to time, unless the context shall require otherwise.

 

Article I

General

 

                      1.1.  Conduct.

 

                      (a)       Members, Corporate Designees, Family members, and their guests shall abide by all of the Membership and Operating Policies and these General Club Rules.

 

                      (b)       Any Member, Corporate Designee, Family member, or guest who conducts himself in an unbecoming manner or who knowingly violates any Club policy or rule may be denied service by the Club and/or be sanctioned as provided in the Membership and Operating Policies.

 

                      (c)       Due consideration of the rights and comforts of others shall be given at all times while on the Club premises.

 

                      (d)       The Club's hours of operation will be established and published by the Club considering the season of the year and other circumstances.

 

                      (e)       Absolutely no fireworks are permitted on the Club premises or adjacent areas unless part of a fireworks exhibit organized and conducted or sanctioned by the Club.

 

                      (f)        No Member shall use or furnish the membership list of addresses for the purpose of solicitations.

 

                      1.2.  Members' Accounts.

 

                      (a)       Food and beverage charges, purchases, equipment rentals, and other charges incurred by a Member, Corporate Designee, Family member, or guest may be billed to the Member's Club Account as determined by SSC.

 

                      (b)       All expenses, including costs and attorney's fees, incurred by the Club for checks returned by the Member's or a guest's bank shall be borne by the responsible Member.

 

                      (c)       Any Member desiring cancellation of any service must do so by written notice to the Club Manager.  The Member shall continue to be charged and shall be obligated to pay for any service provided prior to receipt of written notice of cancellation.  No cancellation of service shall be retroactive.

 

                      1.3.  Club Equipment.

 

                      (a)       No property or furniture of the Club shall be removed from the room or other area in which it is placed without the prior approval of the Club Manager.

 

                      (b)       No Club property shall be loaned or removed from the Club premises without prior written permission of the Club Manager.

 

                      (c)       Members shall be responsible for damage to Club property resulting from misuse by the Member, Corporate Designee, Family member, or guest.  All repair or replacement costs may be charged to the responsible Member as a Reimbursement Charge.

 

                      1.4.  Unauthorized Entry.  Maintenance and equipment buildings and other service areas are off limits to Members, Corporate Designees, their Family members, and guests, unless accompanied by an authorized employee or agent of the Club.

 

                      1.5.  Alcohol.  The responsible consumption of alcoholic beverages by adults over the age of twenty-one (21) is permitted.  If a Member, Family member or guest is demonstrating signs of intoxication or disruptive behavior, the Club Manager has the right, in its sole discretion, to request that such Member, Family member or guest leave the Club premises.  In the event such member does not leave voluntarily, the Club Manager shall have the right to have such Member, Family member or guest removed.  Instances of intoxication and disruptive behavior are subject to fines. 

 

                      1.6.  Traffic and Parking.

 

                      (a)       Vehicles shall be parked only in appropriate parking spaces and in strict observance of any traffic regulations that may be established by SSC.  Vehicles which are parked in reserved, restricted or unmarked areas may be removed at the expense of the responsible Member.

 

                      (b)       Mopeds, minibikes, all‑terrain vehicles and other unlicensed motorized vehicles are not permitted on the Club Facilities without the permission of the Club Manager.  Motorcycles, golf carts and bicycles shall be restricted to parking areas only and are subject to the same rules and regulations as other vehicles. 

 

                      1.7.  Solicitation.

 

                      (a)       No advertisement, solicitation, petition, or notice shall be posted in the Club Facilities without prior approval of the Club Manager.

 

                      (b)       No business activity or solicitation of any kind shall be conducted on the Club premises without prior approval of the Club Manager.

 

                      1.8.  Pets.  No dogs or other animals (with the exception of service dogs) are allowed on the Club premises, except under special circumstances with prior authorization of the Club.  A Member is responsible for any damage or injury caused by an animal owned by or brought upon the Club premises by such Member, Corporate Designee, Member's family, or guests.  Any animal which is brought onto the Club premises shall be kept on a leash or otherwise under control at all times.

 

                      1.9.  Prohibited Activities.  SSC shall have the right and power to prohibit any games, sports, or other activities which it may, in its determination, consider harmful to the interests of the general membership and/or the Club.

 

                      1.10.  Personal Belongings.  The Club will not be responsible for any damage to or loss of personal belongings, regardless of the cause. 

 

                      1.11.  Guest Privileges.  All Members shall be entitled to limited guest privileges, subject to the provisions hereof, payment of applicable guest fees and charges, and subject to such additional rules and regulations as are established from time to time by SSC. SSC members must be present in order for guests to use the facility.

 

                      (a)       A Member shall be required to register his guests, either in person, by telephone or by facsimile, prior to using the Club Facilities.  Members will be required to provide guests' names and addresses when registering guests.  Falsification of a guest's name and/or address will result in sanctions.

 

                      (b)       Guests must check in upon arrival at the Club.  Guests may be required to provide a photo ID or such other forms of identification. 

 

                      (c)       Members shall be responsible for the conduct of their guests at all times while on the Club premises. 

 

                      (d)       A guest that lives within a fifteen (15) mile radius of zip code 30268 shall not be permitted to use the Club Facilities more than three (3) times per year, with such limitation being subject to change from time to time by SSC in its sole discretion.  

 

                      (e)       Each Member shall be restricted to a total of ten (10) guest FREE admittances per year, such limitation being subject to change from time to time by SSC in its sole discretion.  A private party registered with the Club Manager pursuant to Section 1.13 of these General Club Rules shall not count towards this limitation. 

 

                      (f)        Except as otherwise provided herein or permitted by the Club Manager in its sole and absolute discretion, no guest shall use the Club Facilities unless accompanied by the Member, Corporate Designee, or Family member of whom he is a guest.

 

                      (g)       Children of Members may be accompanied by a babysitter at no additional cost to the Member.  When accompanying the child, the babysitter must have been registered by the Member prior to arriving at the Club and must be able to produce photo identification upon request. 

                      (h)       Guest privileges may be denied, withdrawn, or revoked at any time for reasons considered sufficient in the sole and absolute discretion of SSC.

 

                      (i)        Guest fees and other charges incurred by the guest shall be billed to the sponsoring Member's account. 

 

                      (j)        A group of five (5) or more non-Member guests at one time shall be considered a party and the Member shall be required to register the party and pay applicable party fees in accordance with Section 1.13 hereof. 

 

                      1.12.  Family Privileges.

 

                      (a)       The Club reserves the right to cancel the privileges of any Family member for failing to abide by the terms and conditions of the Membership and Operating Policies and these General Club Rules as may be amended from time to time.

 

                      (b)       Persons under twelve (12) years of age must be accompanied by a parent or other person sixteen (16) years of age or older who will assume responsibility for the former's safety and behavior while on Club Facilities, unless otherwise approved by the Club Manager.

 

                      (c)       Persons under the age of eighteen (18) are not allowed to use the Club Facilities after 8:00 p.m. unless accompanied by an adult.

 

                      (d)       Members shall be responsible for the conduct of their Family members at all times while on the Club premises.

 

                      1.13.  Parties/Reservations.  Certain facilities of the Club may be available for private parties from time to time.  Arrangements for private parties or special parties for Members or Member‑sponsored groups should be made through the Club Manager's office, no less than seven (7) days in advance.  If an unusual number of people are involved and/or whenever special service of any kind is desired, it is imperative that the Club Manager's office be given adequate advance notice.  The Club Manager will establish guidelines regarding notice, operations, additional services and hours.  No performance by entertainers will be permitted on the Club premises without the permission of the Club Manager.

 

                      1.14.  Liability.  Members, Corporate Designees, Family members and guests shall use the Club Facilities at their own risk and shall assume sole responsibility for their personal belongings.  SSC, its partners, officers, employees, representatives and agents shall not be held liable for personal injury to any person, nor for loss or damage to personal belongings used or stored on the Club premises, whether in lockers or elsewhere.  Each Member shall be legally and financially responsible for his or her acts or omissions, as well as those of the Member's family and guests.  Each Member shall indemnify and hold the Club, SSC and its partners, officers, employees, representatives and agents harmless from any loss, cost, claim, injury or damage incurred by the Member, Corporate Designee, his Family or guests, or arising out of the conduct of the Member, Corporate Designee, his Family or guests.

 

                      1.15.  Membership Cards.

 

                      (a)       A membership card indicating the Member's name, Club Account number and the type of membership, and containing the name of the authorized user, shall be issued to each Member, Corporate Designee, and to the members of his or her Family.  Membership cards will not be issued to children under the age of twelve (12).  Members, Corporate Designees and their Family members must have their membership cards with them at all times while using the Club Facilities.

 

                      (b)       A membership card may not be used by any person other than the person to whom it is issued.  Membership cards are non‑transferable.

 

                      (c)       Membership cards will be mailed to Members or held for pick‑up at the Club's membership office as requested by the Member.

 

                      (d)       In the event of a lost or stolen membership card, the Club Manager must be notified immediately.  The Member's Club Account will be cancelled and the Club will issue a new membership card number.  Until notification of card loss or theft is received in writing by the Club Manager, the Member shall be responsible for all charges placed on the account.  For each new membership card replaced, a charge in the amount of Fifty Dollars ($50.00) will be placed on the Members' Club Account in such amount as determined by the Club from time to time.

 

                      (e)       Each Member shall receive such certificates, identification decals and other insignia as the Club may from time to time designate, and shall display such insignia as required by the Club from time to time.

 

                      1.16.  Attire.

 

                      (a)       It is expected that Members will choose to dress in a fashion befitting the surroundings and atmosphere provided in the setting of the Club.  It is also expected that Members will advise their guests of the dress requirements.  From time to time, exceptions to the dress rules may be made, as published by the Club.

 

                      (b)       Shirts and shoes are required on the Club premises except in the pool area and in locker rooms.

 

                      (c)       Spiked shoes are permitted only in areas designated by the Club from time to time.

 

                      (d)       Bathing attire may only be worn in the pool area.

                      (e)       Children 3-years old or under, or children who are not potty-trained must wear a disposable swim diaper and reusable plastic swim pants.

 

 

                      1.17.  Club Services and Activities.

 

                      (a)       The Club may sponsor various social, cultural and recreational events in which all Members may be invited to participate.  Activities will be publicized in a monthly bulletin of the Club.

 

                      (b)       Reservations are required for most social events of the Club and are taken on a first‑come, first served basis by preregistering with the appropriate personnel of the Club.  Cancellation of reservations after any published deadline for cancellation may result in the Member being charged a fee as determined by the Club from time to time.

 

                      (c)       The Club wishes to encourage the use of the clubhouse facilities by Members for private parties, provided such parties do not interfere with the normal operation of the Club or with the services regularly available for the Members.  Members must make reservations with the Club Manager for available dates and arrangements.  The Member must assume full responsibility for the party and for the conduct of such Members' guests in accordance with the Membership and Operating Policies and these General Club Rules.

 

                      (d)       The Club may require the advance payment of a security deposit by the Member who assumes responsibility for a private party.  The Member sponsoring the party shall be responsible for any damage caused by the installation and removal of party decor.

 

Article II

Swimming Pool

 

                      2.1.  Registration.  All persons must register at the pool desk before entering the pool area.  Members shall register their guests and shall be responsible for the payment of all appropriate charges.

 

                      2.2.  Hours of Operation.

 

                      (a)       The pool hours shall be established and published by the Club, and shall be subject to change depending on utilization of the pool facilities by the Membership.  Absolutely no admission to the pool area and no swimming is allowed when the pool(s) are closed.

 

                      (b)       The pool(s) and surrounding pool areas will be closed during inclement weather.  All users are responsible for their own safety in the pool and pool area during hazardous weather conditions.  While the Club will attempt to warn users and close the pool when conditions dictate, under no circumstances shall the Club be held liable for failing to warn users of hazardous weather conditions or the need to vacate the pool area.

 

                      (c)       The Club reserves the right to set aside designated time during hours of normal pool operation for special events or programs, during which use by Members may be restricted.

 

                      2.3.  General Pool Rules.

 

                      (a)       Children under the age of twelve (12) are not permitted in the swimming pool area unless accompanied by a parent or other person sixteen (16) years of age or older who agrees to assume responsibility for the child's safety and behavior, unless otherwise approved by the Club Manager.

 

                      (b)       Non‑swimmers may use lifeguard‑approved flotation devices, but must remain in the shallow end of the pool.  No other flotation devices may be used in the pool, unless approved by the Club Manager.

 

                      (c)       Pool attendants shall have the authority to enforce all rules and regulations and to supervise the general conduct of all persons in the pool area.  Pool attendants shall have full authority to maintain order, reprimand, discipline, restrict and evict any individual not complying with the rules and regulations.

 

                      (d)       Showers are required before entering any pool.

 

                      (e)       Radios, televisions and similar electronic devices may be listened to if played at a volume which is not offensive to other Members and guests.

 

                      (f)        GLASS BOTTLES, DRINKING GLASSES AND SHARP OBJECTS ARE NOT PERMITTED IN OR AROUND THE POOL AREA AT ANY TIME.  IF A MEMBER, CORPORATE DESIGNEE, FAMILY MEMBER OR GUEST BRINGS GLASS TO THE CLUB (INCLUDING THE POOL AREA), IT WILL RESULT IN AN AUTOMATIC FINE OF ONE THOUSAND DOLLARS ($1,000.00) CHARGED TO THE MEMBER. 

 

                      (g)       Chewing gym is not permitted in the pool area.

 

                      (h)       Smoking is not permitted in or around the pool area.

 

                      (i)        Food and beverages must be consumed well away from the pool. 

 

                      (j)        Animals, bicycles and skateboards are restricted from the pool area.

 

                      (k)       Running, ball playing, noisy or hazardous activity will not be permitted in the pool areas.  Pushing, dunking and dangerous games are prohibited.

 

                      (l)        Personal headphones are recommended to listen to music. If music is too loud, a pool attendant has the ability to ask a member to lower it, or exit the pool if disturbing others.

 

 

                      (m)      Lifesaving and pool cleaning equipment should be used only for the purposes intended.

 

                      (n)       Notwithstanding the presence of pool attendants, all persons using the pool or pool area shall be responsible for their own safety and shall be deemed to have assumed the risk of using the pool and pool area and agree, by their presence in the pool area, that neither SSC, its agents or employees, shall be held liable for any loss, injury or death arising out of use of the pool or pool area.

 

                      (o)       Only age-appropriate children (10 and under) shall be permitted to use the kiddie pool. Parents must directly supervise their children in the kiddie pool.

 

                      (p)       Lap lanes are for lap swimmers only.  When more than two swimmers are in a lap lane, swimmers must circle-swim.

 

                      2.4    Diving is strictly prohibited. 

 

                      2.5.  Pool Contamination. 

 

                      (a)       All persons experiencing stomach problems, intestinal discomfort or diarrhea is asked to refrain from swimming.  Parents of young children are asked to monitor their child's health to insure that they are not experiencing any similar conditions.

 

                      (b)       Wait four (4) days after the diarrhea symptoms have passed before you enter the pool. 

 

                      (c)       Practice good hygiene and wash and shower before entering the pool.

 

                      (d)       Refrain from swallowing any pool water or allowing it in your mouth.

 

                      (e)       Non-toilet trained children must wear watertight, specially designed swim diapers and leak-proof, plastic pants.  They should be monitored and frequently changed in order to avoid any leakage.  Pool attendants have the right to remove children from the pool who are not in compliance with this rule.

 

                      (f)        Diaper changing must take place in changing rooms only.  Both parent and child must wash themselves thoroughly before re-entering the pools and pool area.

 

                      (g)       Young, non-diapered children (4 – 10 years old) should also be monitored to ensure they use the toilet facilities regularly.

 

                      (h)       All pool contaminations must be reported to the pool staff as soon as they happen. 

 

                      (i)        In the event of formed fecal stool, blood or vomit contamination, the pool will be cleared and all contaminate material removed. 

 

                      (j)        In the event of diarrhea contamination, the pool will be cleared and closed until the chlorine level has been brought up to 200 PPM (parts per million) for ten hours and then allowed to return to normal level.

 

                      2.6.  Attire.  All persons must wear suitable bathing attire with swim lining while swimming.  No street clothes or cut-offs are allowed in the pool.

 

                      2.7.  Passes and Fees.

 

                      (a)       Members, Corporate Designees and their Family members will be issued a pool identification card at or prior to the time of initial use of the pool facility, which card will contain the name of the Member, Corporate Designee or Family member.  Such pool identification card must be presented to the pool attendant for admission to the pool area.  Pool identification cards will not be reissued annually.

 

                      (b)       Guests of Members are entitled to use the pool facilities upon registration with the pool attendant and purchase of a daily pool pass at rates determined by SSC from time to time.  Members will be billed for all charges incurred by their guests, including, without limitation, daily fees and food and beverage. All guests must be accompanied by their host swim club member.

 

                      (c)       No Member may sponsor more than five (5) guests for admission to the pool area per day.  Guests must be accompanied by the sponsoring Member or a Family Member or Corporate Designee when using the pool facilities, unless otherwise permitted by the Club Manager. 

 

                      (d)       Guest privileges may be further limited during peak periods in the discretion of the Club Manager.  Guest privileges may be limited from time to time on weekends and holidays as determined by the Club.

 

                      (e)       The initial schedule of fines and fees is set forth on the attached Schedule of Fines and Fees. SSC shall have the right to establish additional fees and fines and modify or rescind the fees and fines at any time, from time to time, in its sole discretion.