the eden club rules & regulations

RULES AND REGULATIONS

COPYRIGHT THE EDEN CLUB 2009

PRIVATE & CONFIDENTIALThis document has been produced for members only. This document is private and confidential and intended for the recipient only. It is not a sales tool and may not be shared with any non member for any reason what so ever. If you are not the intended recipient, you may not copy, forward, disclose or use any part of this document. If you have received this document in error or without the written permission of The Eden Club, please delete it and all copies from your system and notify the sender immediately by return email or fax.

T H E E D E N C L U BPittormie Castle Dairsie St Andrews Fife KY15 4SW Scotland

Tel: +44 (0) 1334 870088 Fax: +44 (0) 1334 870022 Email: [email protected]

THE EDEN CLUB

RULES AND REGULATIONS

TABLE OF CONTENTS

1) Preamble2) Carefully Review all Membership Documents3) Authorities and Conduct of the Game 4) Special Membership Benefits 5) Membership 6) Membership Privileges7) General Club Rules8) Playing Times 9) Reservations and Cancellations 10) Eden Membership Accounts and Numbers11) Members’ Dues and Charges 12) Membership Codes13) Conduct of Affairs of the Club and Annual General Meeting 14) Mailing Addresses15) Membership Correspondence16) Club Services and Activities17) Resignation of Membership18) Discipline 19) Loss or Destruction of Property or Instances of Personal Injury20) Arbitration21) Gratuities22) Children23) Attire24) Guest Privileges25) Primary Playing Times26) General Golf Rules27) Hours of Play28) Golf Tee Times29) Registration30) Practice Range31) Caddie Rules32) General Golf Cart Rules33) Handicaps34) Handicap Certificates35) Members, Golfers and Public Liabilities Insurance



1) PREAMBLE These Rules and Regulations are established by the Club to protect the Club Facilities and to promote the health, safety, welfare and enjoyment of the members, their families and guests and all other persons using the Clubs' Facilities and those of other clubs around the world. The Club may amend these Rules and Regulations from time to time at its sole discretion. 2) CAREFULLY REVIEW ALL MEMBERSHIP DOCUMENTS Every person who desires to obtain a membership should carefully read the Membership Plan and the documentation relating to their Membership type, plus all of the referenced documents and should seek professional advice to evaluate these documents. 3) AUTHORITIES AND CONDUCT OF THE GAME

a) The Club recognises the Royal and Ancient Golf Club of St Andrews as the ruling body of Amateur Golf outside of the USA, and agrees to abide by the Rules of Golf and Amateur Status as laid down by the R & A in all countries other than the USA.

b) The Club recognises the United States Golf Association and accepts that body as the authority for the conduct of the game in the United States of America for any tournament competitions of events within the geographical jurisdiction of the USGA.

c) The Club recognises the National Golf Unions of all Countries with which it is associated and the Handicaps of members issued by Clubs, which are members of their National Golf Union / Association.

d) The Club is a member of the Scottish Golf Union and has the power to introduce its own handicapping system for its own events but it is the responsibility of members to report the results of their individual performances to their home club.

4) SPECIAL MEMBERSHIP BENEFITS In addition to exceptional Club facilities and a commitment to excellence in service and operations, Membership in the Club offers a number of benefits, including:

Exclusivity. Membership is by invitation only. Limitation on Membership Number. Memberships are limited in number by category. This

limitation is important to ensure our members' enjoyment of the Club's outstanding facilities and the privacy of the Club.

Membership Privileges. As defined by Membership type. 5) MEMEBERSHIP

a) Application for Membership of The Eden Club (“Eden”) shall be reserved and will comply with the Clubs standard application procedure. Nominated individuals who receive a recommendation from a member and pass an interview with an officer of the Club shall be invited and accepted for Membership, unless blackballed by another Member. In all cases the Chairman’s decision to accept or refuse a member will be final.

b) All applicants will sit an interview with the Chairman, Board Governor or Membership Director.

c) Applicants will provide references to the satisfaction of The Eden Club as requested. d) Men with a handicap of twenty and ladies with a handicap of thirty-two are eligible for

Membership of The Eden Club.e) Men and women who have reached the age of thirty five and have the required handicap and

other qualifications may join The Eden Club but no special concession will be made in respect of the annual subscription.

f) Consideration of Membership will only be granted to applicants upon the completion of the Membership Application Form.

g) Membership will be issued in the form of a revocable licence, some of which shall be for a fixed term and all will be subject to the terms of the Membership type. Membership types will



be issued in varying forms with differing rights and terms. All Members must clearly communicate which Membership category and status they have acquired.

h) The Club reserves the right to contact the home Club of any applicant to obtain references from officers of the Club in order to satisfy themselves as to the conduct and standing of the applicant.

i) The Eden Club will reserve the right to refuse Membership to any applicant they deem unsuitable for Membership and no reason shall be given as to why the application has not been successful.

6) MEMBERSHIP PRIVILIGES

The Club will make available classifications of membership known as Founders, Eden, Licence and Honorary in accordance with their respective membership plan. Additional categories may be added at the clubs discretion but will not increase the total number of members permitted by the club.

Members will be allowed to use the Club’s facilities provided in St Andrews and referred to as part of their Membership Benefits upon payment of the applicable joining fee and Club annual dues in accordance with the Membership Plan and Membership Type as it may be amended from time to time. By obtaining a membership of The Eden Club, members obtain a non-exclusive revocable licence to use the facilities and benefits in accordance with the classification of membership type. Members do not obtain any equity or ownership interest in the Club and do not have any rights to be involved in the management or operation of the Club or its facilities.

7) GENERAL CLUB RULES

1. Members, their families and their guests shall abide by all rules and regulations of the Club and those of any club that they visit which may be amended from time to time.

2. The Club facilities shall be open on the days and during the hours as may be established by the Club. Areas of the Clubhouse may also be closed for scheduled maintenance and repairs.

3. Alcoholic beverages will not be served or sold, nor permitted to be consumed, at the Clubhouse in any manner prohibited by law. The Club reserves the right, in its sole discretion, to refuse service to a member or guest when that member or guest appears to be intoxicated.

4. The Club must furnish all food and beverages consumed on the Club's facilities unless otherwise permitted.

5. Employees are not permitted to deliver food or alcoholic beverages to locations away from the immediate areas of the Clubhouse or other designated areas of the Club – except with the express permission of the Directors.

6. Commercial advertisements shall not be posted or circulated in the Clubhouse nor shall solicitations of any kind be made on the Club facilities or upon the Club's stationery without prior approval of the Club. Other than as permitted in writing by the Club, no petition shall be originated, solicited, circulated or posted on Club property or elsewhere unless stimulated by the Board.

7. Members shall not use any information or contact information of members of the Club for solicitation or commercial purposes.

8. It is contrary to the Club's policy to have its facilities used for functions or fund raising efforts for the benefit of a political or religious cause, except as specifically permitted by the Club. The Club facilities shall not be used in connection with organised religious services or other activities.

9. Members should not request employees of the Club to enter their accommodation or any room other than those common areas of the club's facilities or request any personal services from employees of the Club who are on or off duty or for their personal or commercial use engage members of staff for activities outside the function of the Club or use the Club's furnishings or equipment, which are not ordinarily available for use by members.

10. Mobile telephones are not allowed to be used in the Clubhouse at any time.11. Dogs or other pets (with the exception of guide dogs) are not permitted on the Club

facilities, except with the permission of the Club. Where dogs are permitted on the grounds,



they must be on a leash, except with the approval of the Club. Members are responsible for damage caused by an animal owned by the member or under the member's control.

12. All complaints, criticisms or suggestions of any kind relating to any of the operations of the Club or its employees must be made discretely on a one to one basis with The Chairman or Managing Director or made in writing, signed and addressed to the Managing Director.

13. Members and their guests may not abuse any of the Club's employees, verbally or otherwise. All service employees of the Club are under the supervision of the Club Management and no member or guest shall reprimand or discipline any employee, nor shall a member request an employee to leave the Club facilities for any reason. Any employee not rendering courteous and prompt service should be reported to the management of the Club immediately.

14. Self-parking is permitted in areas identified as such. No parking will be allowed on grass areas. "No Parking" signs must be observed. Violators may be towed away at the owner's expense and risk.

15. Smoking of any kind is not permitted within the Clubhouse. Smoking outside of the Clubhouse is permitted but all butts and dog ends must be placed in a waste bin and not thrown onto the floor under any circumstances.

16. Absolutely no fireworks are permitted anywhere on Club property or adjacent areas unless part of a fireworks exhibit organised and conducted by the Club.

17. Firearms and all other weapons of any kind are not permitted on Club property at any time unless written permission has been given by the Club Manager. Members and guests visiting Pittormie for shooting activities will notify the General Manager in advance of their request for permission to bring a gun on to the property. An insurance certificate and licence will be requested and must be faxed in advance to the Club Manager prior to bringing the gun onto Club Property.

18. Use of the Club facilities may be restricted or reserved from time to time by the Club.19. Violation of any of these rules or conduct in a manner prejudicial to the best interests of the

Club will subject the person in violation, to disciplinary action by the Club in accordance with these Rules and Regulations.

20. The personnel of the Club will have full authority to enforce these Rules and Regulations and any infractions will be reported to the management of the Club.

21. In no event shall the Club discriminate against any individual because of the individual's race, colour, religion, sex, national origin, age, handicap or marital status.

8) PLAYING TIMES The Club may establish playing times during which Member play may be restricted, in accordance with the Membership Plan, Membership Type and the Rules and Regulations, to better handle golf play during busy playing times. The Club may designate times when Members may play golf and in specified cases the Club may designate times when a Member may play with his or her spouse, immediate family or guests. 9) RESERVATIONS AND CANCELLATIONS

a) All requests for reservations of tee times and use of Clubs facilities or other clubs services must be made through The Eden Club Secretariat, The Events Department or Pittormie Reservation Staff at all times.

b) Unless other arrangements are made in advance which are acceptable to the Club, each request for a tee time, reservation or associated services made by The Eden Club on behalf of its members will be accompanied by Membership number and the members credit card information for verification, guarantee and if applicable any billing instructions. Eden Club Members are responsible for settling any charges incurred by themselves or their guests either before departure from the host Club or resort or upon receipt of final invoice.

c) On arrival at a Club that has been organised by The Eden Club Secretariat the Member should present themselves to the Golf Director, Head Professional or host as notified by the Secretariat and if applicable show his or her credit card and confirm if applicable his/her credit card details.

d) All Members using the Clubs Secretariat may visit a Club within the same country as their own home Club and in their own town for the purpose of attending an Eden competition or



event. Within the United States only, Eden Members will be permitted to visit all Clubs outside a two hundred mile radius of their own Club when using the club’s Secretariat.

e) No Eden Club Member may use his Membership to play at a Club on more than the number of times stipulated within the rules and regulations applying to guests at a participating Club within one calendar year.

f) Members will notify the Club of any change of address or any second homes which may affect their status. Members of The Eden Club will not be permitted to utilise overseas Memberships of other clubs or other addresses to circumvent the scope of facilities available and a restriction on access to Clubs within their own territory will apply.

g) Accommodation and dinner reservations at Pittormie Castle, St Andrews are required at all times. For all accommodation reservations a non-refundable deposit will be required. For best service, a twenty-four hour notice for dinner reservations is requested for parties of more than three persons. The Club requests the courtesy of providing notice of necessary changes or cancellations no later than 12:00 p.m. on the previous day for all dinner reservations. In certain cases a cancellation fee may be charged.

h) Tee-time reservations, caddie, cart and transfer reservations which are requested by members via the Clubs Secretariat for Club visits in St Andrews or any Club or resort the member and his or her guests are visiting shall be confirmed in writing by the Secretariat. Members are requested to confirm all reservations in a timely fashion as directed by the Secretariat otherwise the requests will be cancelled. The Club requests the courtesy of providing notice of necessary changes or cancellations. In cases of cancellation a fee or transfer fee may be charged.

i) Written reservations are required for all activities or events organised by the Club and shall be accepted on a first-come, first-served basis by pre-registering with the appropriate personnel of the Club.

j) For all events and functions of the Club places will be assigned on a first-call, first-choice basis. A deposit will be required to secure each place, the cost for which will be notified upon application. Members will be sent a schedule and booking confirmation document for each event which must be signed and returned via fax or email to secure places for members and guests. A cancellation fee may be charged in line with the Clubs terms and conditions.

k) Any verbal instructions or confirmations given to staff members relating to reservations will procure an email or fax confirmation being written to the member by the clubs staff. Written confirmation including a signature will be sought by the staff in a timely fashion and if not received the reservation will be cancelled. The applicable deposit(s) will then be charged to the Members account or credit card.

l) For all functions of the Club held in any of the dining rooms of the Club, seating will be assigned on a first-call, first-choice basis. Reservations for special tables will not be accepted.

m) Reservations for dining will be held for only thirty minutes after the reserved time, in order to maximise enjoyment of the dining facilities and minimise waiting periods for members.

n) Members or committees should plan or set dates for dining room activities through the Club Management.

o) Cancellation charges will be enforced as notified by the Club in writing from time to time.p) In cases where hosts are required to assist members and their guests to visit private clubs a

host fee may be charged. In the event a member cancels their visit to a club and a host has been arranged fees may still be charged by the host which will be settled by the member.

q) Any reservations made through the Secretariat for golf or accommodations which involve the use of seven privileges of accommodation or golf rounds which are cancelled will be forfeited by the member.

10) EDEN MEMBERSHIP ACCOUNTS AND NUMBERS

1. The Club will issue a Membership account number to those individuals who are eligible for Membership privileges. Membership numbers will only be issued upon payment of dues by the member. Members must have their Membership number with them at all times while using the Club facilities, or visiting participating clubs.

2. Any person other than the person to whom the membership number is issued may not use a Membership number. Membership numbers are not transferable. Any member providing their number to another individual for use will be expelled immediately.



3. Membership information will be mailed to the member's address designated by the member or held for collection at the Membership Office as determined by the member.

4. In the event that the Club wishes to introduce a membership card which is lost or stolen the Club must be notified immediately. The member's Club account will be cancelled and the Club will issue a new membership card number. Until the Club receives notification of card loss or theft in writing, the member shall be responsible for all charges placed on the account. A card replacement fee as determined by the Club may be charged for lost or stolen membership cards or in any situations where the Club account number is changed.

5. Each member may receive such identification decals and other insignia as the Club may fromtime to time designate, and shall display such insignia as required by the Club.

11) MEMBERS' DUES AND CHARGES

1. Members' dues will be payable in one instalment on an annual basis. Members shall pay their dues on or before 28th January of each year unless otherwise determined by the Club. Any member failing to pay their dues by 1st March of each year will authorise the club to debit their credit card for the full payment plus a five per cent (5%) handling charge. Members who fail to pay their annual dues within ninety (90) days from the 28 th January of each year will forfeit their membership. Forfeited memberships will then be placed on the list for resale by the Club and the member will not be entitled to any compensation or fee for the resale of their membership.

2. No assessments. Members are not subject to either operating deficits or capital expenditures.3. A Member is required to furnish the Club with a valid approved credit or debit card and

authorise the Club to charge dues, fees and charges to such credit or debit card if payment is not received by its due date. Cash payments, wires and telegraphic transfers will be permitted for fees and other charges unless otherwise determined by the Club from time to time.

4. Annual dues and all purchases and charges for food, beverages, merchandise or services, which are not paid for in cash at the time of purchase, will be charged to the member's account or credit or debit card on file with the Club, unless otherwise determined by the Club.

5. Members can receive a written statement of their monthly or annual charges, which have been charged to their credit or debit card, upon request.

6. All members agree to pay directly to the Club any amounts not paid by the credit or debit card company within ten (10) days of receipt of written notice from the Club.

7. Club accounts shall be deemed delinquent from the date first billed if payment is not received within thirty days after the date of the monthly statement. Past due bills will accrue a one and one-half per cent service charge per month from the date of the monthly statement until paid in full. Past due bills may be charged a reinstatement fee at the discretion of the Club to reactivate an account once deemed delinquent.

8. If a member fails to pay any Club account within thirty days of when it is first billed, the Club shall have the right to suspend membership privileges in the Club at any time until the delinquent account is paid in full. Continued delinquency for a period of ninety days from the date a Club account is first billed or repeated incidents of delinquency by a member may result in termination of membership in the Club.

9. If the Club account of any member is delinquent, the Club may at its option take whatever action it deems necessary to effect collection. If the Club commences any legal action to collect any amount owed by any member or to enforce any other liability of any member in the Club, and if judgement is obtained by the Club, the member shall also be liable for all costs and expenses of such legal action and reasonable attorneys' fees, including any fees required in connection with appellate proceedings.

10. The Club reserves the right to expel a member for non-payment of annual dues and charges. In such cases, the initiation fee will be retained by the Club and the Member will not be entitled to any funds, privileges or services from the date of being expelled.

11. In the event of the Club making arrangements for members to use other clubs on a reciprocal basis, a member may charge his or her fees and charges incurred at the other club to his or her Membership account unless otherwise instructed by the Club and in this case must use their own credit card. The Club may introduce a charge or processing fee.



12) MEMBERSHIP CODES All members will abide by the rules and regulations as laid down by the Club from time to time, but will be expressly conscious of codes of conduct when visiting member Clubs.

a) Every member and their guests shall abide by the rules of the host Club which he/she is visiting. Members may play at host Clubs by prior arrangement on payment of the green fee in accordance with the rate for member guests or those notified by the Secretariat. The host Club shall have the right to refuse any request for play, which will be explained via the Secretariat.

b) Visiting members will be restricted by domicile and the location of second homes and members shall only apply to visit Clubs, which are in territories outside of a member's primary or secondary home. Exceptions will be made in the case of invitations from member Clubs, tournaments, special events and social occasions organised in conjunction with the Club.

c) Any breach of a host Club's rules by a member may lead to the immediate suspension or expulsion of a member of Eden Club rights and privileges. In this event no refund of annual subscription for that year or possibly the initiation fee will be given.

d) Where permitted by the host Club a member may by prior arrangement introduce up to three guests or family members subject to payment of the green fees and guest play regulations.

e) It is the responsibility of Eden Club members to ensure that they are familiar with host Club policies and procedures in advance of any visit.

f) The Secretariat may notify the member of specific details to follow when visiting clubs. These may include dress codes, rules, billing instructions, payment, tipping advice and hosting information. Members who ignore these instructions may be suspended or expelled depending upon the severity of the violation.

13) CONDUCT OF AFFAIRS OF THE CLUB AND ANNUAL GENERAL MEETING

a) An Annual General Meeting (AGM) of The Eden Club Board Governors may be arranged to coincide with a major Eden Club golfing event or anywhere else in the world the board deems fit for the purpose. Notwithstanding their statutory obligation to provide Annual Report and Accounts for the shareholders of the Company, The Eden Club Board of Management shall make a report available to shareholders at least twenty-one (21) days prior to the AGM covering all aspects of the Club's affairs as set out below:

b) The business of the AGM shall be arranged for the following purposes: Allowing The Eden Club Board of Management to report on golfing, membership and

social matters affecting the Club. Allowing members to put forward suggestions and recommendations. Election of officers of the Club.

c) The Board of Management shall cause proper books of account to be kept with regard to: All sums of money received or expended by the Club and the matters in respect of which

the receipt and expenditure takes place. All sales and purchases of goods by the Club. The assets and liabilities of the Club.

Proprietary information shall remain confidential and will not be disclosed by Board members to the Membership.

14) MAILING ADDRESSESa) Each member is responsible for filing with the Membership Office, in writing, preferably on a

form provided by the Club, his or her mailing address and contact details including an email address and or fax number and any changes thereto, where the member wishes all notices and invoices of the Club to be sent. A member shall be deemed to have received email and fax communications from the Club within 12 hours of dispatch and postal mailings from the Club ten days after they have been mailed to the address on file with the Club. In the absence of an address on file at the Membership Office, any Club mailing may, with the same effect described above, be addressed as the Club Manager may think is most likely to cause its prompt delivery.

b) The Club must be notified in writing of any change of address or contact details. Failure to do so shall constitute a waiver of the right to receive Club notices, bulletins and any other communications, and a violation of these Rules and Regulations.



15) MEMBERSHIP CORRESPONDENCE Complaints or suggestions concerning the management, service or operation of the Club should be in writing, signed by the Member and addressed to the Club Managing Director. Errors in billing charges should be directed to the attention of the Accounting Department. Notification of attendance by Members and their guests in Club events shall be made in writing to The Eden Club Secretariat or the Events Department.

Notification or confirmation of requests to play at others Club’s or resorts including reservations for caddies, tee-times, accommodation and food and beverage will be confirmed in writing via the Eden Club Secretariat. Verbal instructions must be confirmed in writing via email or fax. Any verbal instructions not confirmed in writing will not be recognised in the case of a dispute between the member and the Secretariat. 16) CLUB SERVICES AND ACTIVITIES

1. The Club does not encourage the use of the Club facilities by members for commercial functions or practices.

2. Private functions for small groups are permitted at the Club only with prior permission of the Club. The individual sponsoring the function shall assume full responsibility for the conduct of guests and the removal of any flowers, party favours, centrepieces, party accessories and décor. The sponsor of the function shall be responsible for any damage to the Club facilities and for the payment of any charges not paid by individuals attending the private function.

3. Special events and functions may be scheduled from time to time at the discretion of the Club. 17) RESIGNATION OF MEMBERSHIP

1. A member may resign Membership by delivering written notice of resignation to the Club's Membership Office. A Membership shall be deemed to have been resigned as of the date the Club receives written notice of the member's resignation. The Eden Membership (Full) is a transferable licence and may only be resigned and put up for resale once the member has served five full years. The Membership for Founder initiation fees or other categories is a revocable licence and shall not be refundable. As such there is no term that must be served before they may resign.

2. A resigned member shall be obligated to continue to pay dues, fees and other charges associated with the resigned Membership as provided for in the Membership Plan until the Membership is either repurchased by a new incoming member or at the discretion of the Club is purchased by the Club itself. The Club may waive a member's obligation to pay dues after resignation, in rare cases of hardship, in its sole and absolute discretion.

3. Notwithstanding any resignation, the member shall remain liable for any amounts unpaid on the member's Club account.

18) DISCIPLINE

1. Members are responsible for their own conduct and for the conduct of their family members and guests. Any member whose conduct or whose family's or guest's conduct shall be deemed by the Club likely to endanger the welfare, safety, harmony or good reputation of the Club or its members or otherwise be improper, may be reprimanded, fined, suspended or expelled from the Club and have all privileges associated with the Membership suspended or terminated from the Club. The Club shall be the sole judge of what constitutes improper conduct and will include, without limitation: 1) failure to meet eligibility for Membership, 2) submitting false information on the Membership Agreement, 3) allowing his or her Membership number and privileges to be used by another person, 4) failing to pay any amount owed to the Club in a proper and timely manner, 5) failing to abide by the rules and regulations as set forth herein and as established by the Club from time to time, 6) abusing Club personnel or employees, 7) acting in a manner incompatible with the standard of conduct of the existing Membership or which would likely injure the reputation of the members of the Club, 8) inappropriate behaviour or comments towards the club, staff or other



members, 9) promoting or distributing false information about the club or any of its staff or officers.

2. Any member accused of improper conduct shall be notified of the charge(s) against them and any proposed disciplinary action by the Club, and shall be given an opportunity to be heard by the Club to show cause why he or she should not be disciplined. If such member desires to be heard, the Club shall set a time and date (not less than thirty days thereafter) for a hearing. While the Club is considering such complaint, the member shall not enjoy the privileges of the Club. Notwithstanding the foregoing, the Club may, without notice and without a hearing, immediately suspend some or all privileges associated with a membership or/and, after notice, terminate a membership for failure to pay in a proper and timely manner dues, fees or any other amounts owed to the Club or for any other matter as determined by the Club.

3. The Club may restrict or suspend some or all of a member's, family member's and/or guest's Club privileges. The member as an account of any restriction or suspension or expulsion will not be entitled to any refund of any Membership deposit, dues or any other fees. During the restriction or suspension dues and other charges shall continue to accrue and shall be paid in full prior to reinstatement as a member in good standing.

4. Any Membership, which has been terminated hereunder, shall be treated as a resigned Membership and the member's Membership initiation fee shall not be returned to the member in the same manner as in the case of any other resigned Membership applying to specific categories.

19) LOSS OR DESTRUCTION OF PROPERTY OR INSTANCES OF PERSONAL INJURY

1. Each member as a condition of Membership and each guest as condition of invitation to the Club facilities or those of any participating club assume sole responsibility for his or her vehicles and other property. The Club shall not be responsible for any loss or damage to any private property used or stored on the Club facilities, whether in lockers or elsewhere. Any such personal property which may have been left in or on the facilities for six months or more without payment of storage thereon may be sold by the Club, with or without notice, at a public or private sale, or may be otherwise disposed of, and the proceeds, if any, may be retained by the Club.

2. No person shall remove from the room in which it is placed or from the Club's premises any property or furniture belonging to the Club without proper written authorisation. Every member of the Club shall be liable for any property damage caused by the member, any guest or any family member. The cost of such damage shall be charged to the responsible member's Club account. Failure to settle the bill immediately will witness the member being expelled without any right toany refund of their membership joining fee.

3. Any member, family member, guest or other person who, in any manner, makes use of or accepts the use of any apparatus, appliance, facility, privilege or service whatsoever owned, leased or operated by the Club including without limitation, the use of golf carts, or who engages in any contest, game, function, exercise, competition or other activity operated, organised, arranged or sponsored by the Club, either on or off the Club's premises, shall do so at his or her own risk. The member and his or her family members and guests shall hold The Eden Club, and their affiliates, and their respective shareholders, partners, directors, officers, members, employees, representatives, agents and members of the Club's advisory board or committees (collectively, the "Indemnified Parties") harmless from any and all loss, cost, claim, injury, damage or liability sustained or incurred by him or her, arising out of any situation or incident to the member in the Club and or from any act or omission of any of the Indemnified Parties. Any member shall have, own and perform the same obligation to the Indemnified Parties hereunder in respect to any such loss, cost, claim, injury, damage or liability sustained or incurred by any guest or family member.

4. Should any party bound by these Rules and Regulations bring suit against any of the Indemnified Parties in connection with any event operated, organised, arranged or sponsored by the Club or on any other claim or matter in connection with membership in the Club, and fail to obtain judgement therein against any one or more of them, said party shall be liable to the prevailing Indemnified Parties for all costs and expenses incurred by them in the defence of such suit, including court costs and attorneys' fees and expenses through all appellate proceedings.



20) ARBITRATION 1. Each and every dispute, claim or other matter of disagreement between and among the Club,

its officers, directors, affiliates and any Club member or applicant or Membership relating to or arising out of the Membership Plan, or Rules and Regulations or any transaction contemplated by the Membership Plan, or Rules and Regulations shall only be decided by arbitration in accordance with the commercial arbitration rules of the United Kingdom then in force, except as otherwise provided herein, and no right shall exist to have any such dispute litigated in a court or by jury trial; provided, however, that the Club shall have the right to collect, through a court proceeding, any Club account or other amount owing as a result of the member's loss or destruction of the Club's property or injury caused to any party. In the event of any dispute or disagreement, either party may submit the matter to binding arbitration. In any such arbitration the parties agree that there shall be only one (1) arbitrator, that such arbitrator will be selected by the Club with the only limitations on such selection being that such arbitrator must be qualified by experience, education or training in club operations. The Club shall select the arbitrator within ten (10) days after the arbitration provision is invoked. The arbitration proceeding shall be held in London, England.

2. Each party shall submit a position paper setting forth its resolution of the issue(s) submitted to arbitration within ten (10) days after notice of selection of the arbitrator. The decision of the arbitrator, where appropriate, shall take into account the operation of the Club Facilities in comparison to the operation of other similar clubs in the United Kingdom. The arbitrator shall investigate the facts and shall hold hearings at which the parties may present evidence and arguments, be represented by counsel and conduct cross-examination. The arbitrator shall render a written decision upon the matter presented within thirty (30) days after the date upon which the last party submitted its position paper to the Arbitrator, and such decision shall be final and conclusive upon all parties. Judgement upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof, and the judgement shall be entered unless the award is vacated, modified or corrected as provided by law.

3. The parties shall advance on an equal basis any necessary costs of the arbitration, such as reporter's fees and arbitrator's fees. The prevailing party shall be entitled to recover as part of the award all such advanced costs and reasonable attorney's fees and related costs, fees or expenses of the arbitration. In the event of any dispute over any such fees and costs, each party may apply to the arbitrator within thirty (30) days of the decision on the merits for a determination of an award of fees, costs and expenses. The arbitrator shall enter an award on such application within thirty (30) days from its receipt, without a hearing, but with consideration of any factual materials or brief submitted by the parties, and such award shall be paid within thirty (30) days from the date of such award. Any time period set by this paragraph may be shortened or extended by the mutual agreement of the parties to arbitration.

4. If any court or arbitrator shall find any provision of this paragraph to be in violation of or in contradiction to the commercial arbitration rules of the United Kingdom Arbitration. Association then in force, the parties agree such provision or provisions shall be void but all other provisions of this paragraph shall remain in effect. Should any member bring suit against the Club or others in contravention of this arbitration mandate, all costs and expenses incurred by the Club or others in defence of such suit, including court costs attorney's fees and other costs including pare-professional fees and travel costs through all trial and appellate proceedings, shall be recoverable as part of the arbitration award.

21) GRATUITIES

1. For the convenience of all members, a gratuity percentage, as determined from time to time by the Club, may be added to all food and beverage sales. A member may increase or decrease the gratuity by signing the ticket invoice and changing the amount of the gratuity, as the member deems appropriate.

2. Cash tipping is permitted by members of the Club, with respect to drivers, service, dining, caddies, valet parking attendants, locker room attendants and golf bag attendants.

3. It is customary for the Club to send a letter providing an opportunity for members to contribute to a Holiday Fund for all Club employees and a suggested contribution. Payment of such contribution will be voluntary and will be included on the contributing member's December bill. 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.

22) CHILDREN

1. Unless permitted by the Club, children under sixteen years of age are not allowed at the Club facilities or those of other participating clubs unless accompanied and supervised by an adult and children under seventeen years of age are not allowed on any golf course unless accompanied by the member or his or her spouse.

2. Children under the lawful drinking age are not permitted in any lounge unless accompanied by an adult.

3. Members are responsible for the conduct and safety of their children when at the Club facilities or those of any Club they visit.

23) ATTIRE

1. 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.

2. Gentlemen and ladies are requested to dress in a fashion compatible with the appropriate occasion or the requested attire. For evening dining in the main dining room, jackets are required for gentlemen, except as designated by management. Jackets and ties are required for gentlemen on Saturday evenings, except as designated by management. For breakfast and lunch men's shirts must have a collar. In the dining room, appropriate casual attire may be worn.

3. The dress standards of the Club may be specified or waived by Club Management from time to time for special activities and functions.

4. Shirts and shoes must be worn at all times when on the Club premises. Metal spiked golf shoes are not permitted. The only spiked shoes permitted on the Club premises are those having non-ground piercing, non-metal spikes. Training shoes (running) are not permitted.

5. All members, as well as their family members and guests, are expected and required to wear proper attire at all times. Gentlemen should refrain from wearing hats or caps when indoors. The Club may designate appropriate attire for events and certain days as follows:

Casual: Shorts and short sleeves shirts with a collar allowed (no jeans).

Club casual: Jackets and ties not required.

Informal: Jackets required, ties optional.

Formal: Jackets and ties are required.

Black Tie: Black tie required

6. Golf course attire is addressed elsewhere in this booklet.

24) GUEST PRIVILEGES Guest privileges may be extended under the rules established by the Club from time to time. Although it is the intention of the Club to accommodate guests without inconvenience to the members, the Club reserves the right to limit the number of guests that accompany a member on any given day. The Club shall notify from time to time the rate of the daily green fees, charges and the rules and regulations for use of the Club facilities by guests. Guest privileges may be denied, withdrawn or revoked at any time for reasons considered sufficient by the Club, in its sole and absolute discretion.

1. The Club reserves the right to determine from time to time the maximum number of times a particular guest may use the Club facilities or attend events as a guest of a member during each membership year or in total.



2. All guests visiting the Club in St Andrews must be accompanied by the sponsoring member, the Golf Professional or Assistant Golf Professional, if available, or member of staff while using the Club facilities unless the Club determines otherwise. The Club shall not permit unaccompanied guests during any period. The sponsoring member must accompany a particular individual using the Club facilities, as a guest with the Club. The Club reserves the right to require identification by each guest and for them to complete a registration form upon arrival. Guests will be charged guest fees for use of the Club facilities as determined from time to time by the Club. The Club reserves the right to charge an additional fee if the guest is hosted by the Golf Professional, or Assistant Golf Professional.

3. Guests will be entitled to use the Club facilities only in accordance with the privileges of the membership of the sponsoring member upon payment of daily fees and other related charges.

4. Guest charges for any services may be charged against the sponsoring member's Club account, or paid with cash or by credit card. Any guest charge that is paid by credit card, which is not paid by the credit card company, will be charged to the sponsoring member's account.

5. The Club may limit Guest privileges from time to time, in the sole and absolute discretion of the Club. The Club will give notice of such limitation.

6. The sponsoring member shall be responsible for all charges incurred by the guest. The sponsoring member is also responsible for the conduct of a guest while at the Club. If the manner, deportment or appearance of any guest is deemed to be unsatisfactory, the sponsoring member shall, at the request of the Club, require such guest to amend such breach or leave the premises of the Club.

7. The Club may ban any individuals they choose. The Club’s decision will be final and any banned individual will not be entitled to visit the Clubs facilities in St Andrews, participate in any Club events or visit other Clubs organised through the Secretariat

25) PRIMARY PLAYING TIMES To better control golf play during prime-time periods, the management of the Club may designate "Primary" playing times from time to time when only the member will be entitled to use the golf facilities of the Club or other Clubs or participate in events. The Club may also designate times when the member may play golf with his or her spouse, immediate family or guests and may designate times when only members may play. 26) GENERAL GOLF RULES

1. The Rules of Golf as adopted by the USGA and the R&A together with the Rules of Etiquette as adopted by the USGA and R&A shall be the golf rules of the Club, except when in conflict with local rules or with any of the rules therein. Eden Club members agree to abide by the rules and regulations applying to guests when visiting a Club. Such Rules and Regulations will be available from the Secretariat.

2. "Cutting-in" is not permitted at any time. All players must check in with the starter. Players may not start play from residences.

3. Practice is not allowed on any golf course. The practice facilities should be used for practice.4. The Golf Professional or an appointed officer will regulate speed of play. If a foursome or

other group of players fails to keep their place on the course, or stops to search for a lost ball, and falls behind the proceeding group by more than one hole, the group shall be requested to allow the following group to play through. Time spent searching for lost balls should be kept to a minimum. As a rule of thumb, members should be conscious that rounds should not exceed 4 hours and 30 minutes under any circumstances on any course. Members and their guests guilty of slow play who fail to adhere to the warning by an official may be asked to leave the course.

5. All players who stop after playing nine holes for any reason must occupy the next tee before the following players arrive at the tee or they will lose their position on the golf course and must get permission from the starter to resume play.

6. The Golf Director approves all tournament play in advance.7. Players should enter and leave bunkers at the nearest level point to the green and smooth sand

over with a rake upon leaving.8. Players are asked to repair all ball marks on the green.



9. All players should repair all divots.10. If a player is repeatedly warned for slow play, the Club may take such action as it deems

appropriate, including without limitation, restricting the person's use of the golf course during certain times of the day.

11. Proper golf attire is required for all players. Proper attire shall mean the following:Men: Shirts with collars and sleeves, slacks or mid-lengths. Shorts two inches above the knee are considered inappropriate attire. Tank tops, tee shirts, mesh shirts, sweat pants, warm-up suits, work jeans, swim wear, short shorts, cut-offs, gym shorts, tennis outfits or other athletic shorts are not permitted.Women: Dresses, skirts, slacks; mid-length shorts and blouses are considered appropriate attire. Halter tops, tee shirts, cut-offs, sweat pants, warm-up suits, blue jeans, swim wear, tennis dresses, short shorts, or other athletic shorts are not permitted.Shoes: Appropriate golf shoes are required for all golfers; Football, soccer or other large knobbly spike shoes are not allowed. Tennis shoes or other soft sole shoes are not allowed. The only spiked shoes permitted on the Club premises are those having non-ground piercing, non-metal spikes.

12. Improperly dressed golfers will be asked to change before playing and will not be permitted to play until they comply with the dress code. Players in doubt concerning their attire are encouraged to check with the pro-shop before starting play.

13. If lightning is in the area, all play shall cease. Although the staff may warn players about lightning in the area, of which it is aware, players should not rely on the staff to detect lightning and warn them. If Club personnel warn players about potential lightning in the area, players must stop immediately.

14. Jogging, bicycling, or fishing are not permitted on any golf course at any time when visiting as a member via the Secretariat or events department.

15. Playing golf with a golf cart is permitted only when permitted by the Club at which the member is attending.

16. The respective Clubs provide rules relating to beverage coolers. However, any individual deemed to be intoxicated whilst playing will be asked to leave the course.

17. "Discontinued Play" Policy: shall be laid down by each Club. Please enquire at the pro-shop.18. Twosomes may play at the discretion of the pro-shop. Twosomes should not expect to play

through foursomes and should not exert any pressure on the groups ahead. Foursomes shall have the right of way.

19. Singles shall have no priority golf course rights and shall be permitted to play only at the discretion of the pro-shop.

20. Groups of five or more players shall not be permitted on the golf course at any club or resort booked via the Secretariat or events department.

21. Use of foul and abusive language, throwing clubs and the abuse of caddies is strictly forbidden.

22. Telephones, Blackberries and any other communication devices of members and guests must be left in the car and not brought in to the Clubhouse or onto the course or grounds of any club when organised via the Secretariat.

23. Hats of members and guests must be removed when entering any part of the Clubhouse of any Club.

27) HOURS OF PLAY The hours of play at each Club or course shall be available through the Secretariat. The Secretariat, in consultation with the pro-shop and golf course superintendent, shall determine when the golf course is fit for play. Their decision will be final. 28) GOLF TEE TIMES The Club may establish an advance starting time and or advance reservation system to maximise the golf experience and minimise waiting periods. If the Club does establish such a system, the following rules shall apply.

1. Members may reserve a starting time in advance through the Secretariat, subject to such advance tee time sign-up privileges as announced by the Club, from time to time. The staff shall assign the starting time depending on availability.



2. Starting times may be made in writing or by phone and confirmed later in writing to the Secretariat.

3. Starting time changes must be approved by the Secretariat.4. Players who cannot make their scheduled starting time should notify the Secretariat of any

cancellation as soon as possible or at least one hour prior to the scheduled time. If a player fails to cancel a starting time, the Club may charge a fee for the unused rounds.

29) REGISTRATION All members and guests must register in the pro-shop before beginning play at any club. In all cases in St Andrews communication with all courses, caddies and drivers will be handled through local management. 30) PRACTICE RANGE All members shall check with the Secretariat with regards to the availability and rules relating to the driving range at each club.

1. The practice range is open during normal operating hours as posted in the pro-shop. The practice range may be closed for general maintenance at the Club's discretion.

2. Range balls are for use on the practice range and may not be used on the golf course.3. Golf carts are not permitted on any tee area. Parking of golf carts is allowed in designated

areas.4. Balls must be hit from designated areas. No hitting is permitted from the rough or sides of

the practice range.5. Players should wear proper golf attire at all times on the practice range.6. Lessons by unauthorised professionals are prohibited.

31) CADDIE RULES

1. Members and guests may employ caddies to carry their clubs upon the terms and conditions established by the Club from time to time.

2. The use of a caddie is encouraged, whenever there is a caddie available.3. Caddies will when appropriate be allowed to drive golf carts.4. In inclement weather, all players and caddies should be warned of the conditions. Caddies are

not expected to stay with their players if they feel threatened. 32) GENERAL GOLF CART RULES

1. A member or guest on the Club facilities or any club or resort organised via the Secretariat without proper assignment and registration shall not use golf carts.

2. Subject to the rules of each Club, golf carts may be used on the cart path or golf course when the course is open for play, under compliance with the rules and regulations of the club relating to golf carts.

3. Each operator of a golf cart must be at least sixteen years of age and have a valid automobile driver's licence.

4. Only two persons and two sets of golf clubs are permitted per golf cart.5. Pull carts are permitted.6. Golf cart traffic signs are provided for the safety of golfers and the protection of the golf

course. All golf cart drivers must follow such signs.7. Always use golf cart paths where provided.8. Be careful to avoid soft areas on fairways, especially after rains. Use roughs whenever

possible.9. Never drive a golf cart through a hazard.10. Operation of a golf cart is at the risk of the operator. Cost of repair to a golf cart, which is

damaged, by the member or guest shall be charged to the member, or in the case of damage by a guest, to the sponsoring member. Each member shall be held fully responsible for any and all damages, including damages to the golf cart, that are caused by the misuse of the golf cart by the member, his or her family members or guests and shall reimburse the Club and / or any operator of the Club for any damages the Club may sustain by reason of misuse.



11. Each member accepts and assumes all responsibility for liability connected with operation of the golf cart. The member also expressly indemnifies and agrees to hold harmless the indemnified parties from any and all damages, whether direct or consequential, arising from related to the member's, his or her family member's or guests' use and operation of the golf cart.

12. "Course closed" or "hole closed" signs are to be adhered to without exception.13. Violations of the golf cart rules may result in loss of golf cart privileges and / or playing

privileges. 33) HANDICAPS

1. The Eden Club are able to issue handicaps for Club events under its status as a member of the Scottish Golf Association. However, the Club are prepared to accept up to date handicaps from members’ home clubs for Club events and competitions. The Club reserves the right to issue a Club handicap to any participant in a club event or competition if they suspect the individual, their partner or guest performs or has performed drastically better than the handicap provided. In such circumstances the Clubs decision will be final.

2. Handicaps are computed under supervision in accordance with the current USGA / R&A Handicap System.

3. All members and their guests with a USGA or R&A approved handicap may participate in Club tournaments. The Director of Golf may review all handicaps submitted.

4. In order to properly supervise the Handicap System, it is strongly suggested that members turn in all their scores. The pro-shop shall be responsible for monitoring this system and assisting any members needing help with the posting procedures. Accurate records are to be kept of scores turned in and recorded for all full rounds played. The pro-shop shall determine if there are violations.

34) HANDICAP CERTIFICATES

It shall be the responsibility of all Eden Club members to ensure that their current playing handicap certificate and that of their guests is available for inspection when visiting another Club or participating in Club events. For members who belong to more than one Club the handicap must be kept where the majority of recent rounds have been played.

It shall be the responsibility of all Eden Club members to report their individual scores achieved in Eden Club competitions to their home Club for handicapping services.

35) MEMBERS, GOLFERS AND PUBLIC LIABILITIES INSURANCE

All Eden Club Members who intend to use the facilities of the Club should ensure that they have their own golfing and public liability insurance cover and shall indemnify the Club from any claim what so ever.

The Eden Club and its Directors, Officers and Board of Management will not accept any liability for any injury, loss or damage caused by any Eden Club member who is visiting and playing golf at any other Club.

