Application T&C

1.   THE PROGRAMME
       
        Name:  MBDC Sports and Agro Training Package
      
       Members are entitled to the enjoyment of not just the   
       use of various facilities available in the Garden, but also
       the coaching and training provided by experienced and  
       competent coaches for various events including the      
       following:-
 
       MBDC Events
     
      1. MINI GOLF
      2. Playgroup
      3. Aquaponic
      4. 3D Archery
      5. WorldCamp
      6. Dancing
      7. Handicraft
      8. Drawing
 
       Each event will comprise of 10 lessons of 1 hour duration
       each which will conducted within a period of 3 months.  
       Time and venue of the event will be notified to the  
       Members through notice on notice board at various    
       location in the Garden.
 
       Use of the facilities and equipment is subject to
       availability and members are required to abide to the  
       rules and regulations as well as the time limit of use     
       determined by the management.
      
2.   MEMBERSHIP
      
       Family Members
       Family Members shall comprise of lawfully married
       husband and wife together with the children from the  
       family.
 
3.   MEMBERSHIP FEE
      
       The membership fee for members shall be  
       RM3600 only and members or participants of the  
       events are required to pay for the incidental expenses     
       incurred when the events are conducted, such as         
       expenses for the food and lodging.
       An annual membership renewal fee of RM300 would also be 
       compulsory for all members,        
 
 
1.    NAME
 
       The establishment shall be called MBDC MINI GOLF
        (hereinafter called “the Garden”)
       
 
2.    MANAGEMENT
 
         2.1     MBDC Garden Sdn Bhd, a company incorporated in
                   Malaysia and having its business address at 3.5
                   mile, Jalan Chamang, 28700 Bentong, Pahang
                  (hereinafter called “the Company”) has been granted
                  the sole and exclusive right by the owner of the     
                  Garden(hereinafter called “the Owner”) to                        
                  administer, operate and do all such acts and things as
                  are necessary conducive incidental or ancillary to      
                  maintain the Garden.
 
        2.2 The Company shall have the discretion to  
                  determine from time to time the nature and scope of
                  the Facilities at the Garden (as hereinafter defined) 
                  which shall be available for use by participants and
                  regulate the terms and conditions in respect of such   
                  utilization.
 
3.   FACILITIES
       
       In this Rules and Regulations the word ‘Facilities’ shall
       mean:-
     
       3.1     Recreational and sports facilities available at     
                 the Garden from time to time; and
 
       3.2    Sports and skills training courses and lessons provided   
                 by the Garden from time to time (subject to prior    
                 reservation and availability of facilities and coaches or 
                 trainers).
 
4.   MEMBERSHIP
 
        4.1  Admission to membership of the Garden shall be by 
               application in writing signed by the Applicant. Such
               application shall be in such form as the Company shall
               from time to time prescribe.

       4.2   The Company shall have the discretion to approve or   
               reject the application by an Applicant to be a member          
               of the Garden without assigning any reason          
               whatsoever.
 
       4.3  The number of Members shall be limited to such     
               number as the Company shall, at its absolute            
               discretion deem fit.
 
       4.4   The Garden membership shall not be Transferable.
 
       4.5    Members shall be required to produce identification or membership cards to the Company before using and           
                enjoying the facilities.
 
5.   CLASS OF MEMBERS
        
        5.1   Family Members
                
                a.   Family Members shall consist of lawfully married   
                      husband and wife with children from the same   
                      family.
 
                b.   Family Members shall be entitled to use and enjoy
                       the Facilities provided or maintained by the       
                       Garden subject to the payment of the Membership
                       Fee as shall determined by the Company from time 
                       to time and all other dues and charges and          
                       performing the covenants and stipulations herein        
                      and abiding by the Rules and Regulation of the   
                      Garden.

                c.   The children shall be less than eighteen (18)
                      years of age.
 
6.   MEMBERSHIP FEE
 
       6.1     A non-refundable Membership Fee as shall be      
                 determined by the Company from time to time        
                 shall be payable by the Member upon being          
                 notified by the Company of its approval to admit a
                 particular Applicant as a Member.
 
      6.2   Membership shall be effective only upon payment
               of the Membership Fee.
 
7.   TERM
 
       7.1  Subject to the provision of Clause 8 herein, the 
               Member shall be entitled to use and enjoy the    
               Facilities provided by the Garden for period of up to
               maximum of 364 days from the date of payment by
               the applicant of the Membership Fee (hereinafter
               referred to as “the Term”) provided always that
               nothing shall grant or be implied to grant to the
               Member any legal, equitable or proprietor right
               title, interest, estate or share in the Garden and/or
               the Company or the Owner’s assets or properties or
               any part thereof.

       7.2   Upon the expiry of the membership, the Members
                 shall have the option to renew the membership for   
                 such period and upon such terms and conditions as
                 may be determined by the Garden at its absolute
                 discretion from time to time provided always that
                 the Member shall pay a renewal fee as shall be   
                 determined by the Company form time to time and
                 shall not have breached any of the rules,            
                 regulations, terms and conditions of the Garden
                 during the term of the membership.
              
   8.   CESSATION OF MEMBERSHIP
       
       8.1    Member shall leave to be a member of the Garden
                  in any of the following events
 
                 a.   If the Member fails to observe and conform or
                        breach any of the rules, regulations, terms and
                        conditions contained herein after being given        
                        between (14) days’ notice from the Company to
                        the member to observe, conform or remedy
                        such aforesaid breach;

                 b.   if the Member fails to make any payment due to
                       the Company on its due date after being given
                       fourteen (14) days’ from the Company to the   
                       Member requesting the Member to rectify the
                       default or breach.
 
                 c.   if the Member resigns;
 
                 d.   if the Member dies;
 
                 e. if the Member is adjudicated a bankrupt or          
                       becomes of unsound mind or makes a composition
                       or arrangement with creditors or is convicted of 
                       any criminal offense;
 
                 f.   if the Member’s conduct is such as shall in the sole
                       opinion of the Company be deemed to be injurious
                       to the character of the Garden or the
                       interest of the other Members.

                 g.  forthwith if by operation of law or pursuant to
                      the order directive or request of any relevant
                      authority the Company is required to cease
                      operation of the Gardenor to cease providing the
                      Facilities or any material part thereof or where            
                      the Company is unable within its reasonable
                      control to continue to provide such of the          
                      Facilities in the manner as provided herein.
 
9.   CONSEQUENCES OF CESSATION OF 
       MEMBERSHIP
 
       9.1  Upon the cessation of the Garden Membership, all                     
              payments whatsoever already paid by the Member to   
              the Company shall be absolutely forfeited to the   
              Company and all outstanding monies owing by the
              Member to the Company shall immediately become
              due and payable together with interest thereon (if 
              any) as a debt due and owing by the Member to the
              Company and the Member shall no longer be entitled
              to enter the Garden premises or use and enjoy the 
              Facilities.
       
       9.2   The cessation of the membership to the Garden shall  
               be without prejudice to the Company’s rights against
               the Member in respect of any antecedent breach by
               the Member of any of the rules, regulations, terms
               and conditions contained herein.
 
10.   FORCE MAJEURE
 
       10.1  Notwithstanding any provision herein contained, in 
                the event that the Company shall be unable to   
                provide and/ or continue to provide such of the
                Facilities at the Garden due to any reasons         
                whatsoever beyond the reasonable control of the
                Company including but not limited to labor disputes,
                strikes, riots, fire, acts of god, government action or
                any other causes, the Company and/or the Garden
                shall not in any way be liable for any inconvenience
                or loss or injury or damages or other casualty
                suffered or incurred by the Member arising from the
                same.
 
11.   INDEMNITY
 
         11.1   The Company and/or the Garden shall not be liable in  
                    any manner whatsoever to the Member for any  
                    personal injury, death, damage, loss or
                    inconvenience whatsoever or however caused to the
                    Member or any other person or to any of their goods
                    or chattels brought by the Member or any other                     
                    person onto or whilst on the Garden’s premises or  
                    whilst using the Facilities at its own risks and shall
                    not be entitled to make any claims whatsoever
                    against the Company and/or the Garden for any
                    loss, damage or inconvenience suffered whether
                    personal or otherwise and the Member further            
                    undertakes to indemnify and keep the Company
                    and/or the Garden indemnified from and against
                    all claims, demand actions and proceedings 
                    brought or instituted against the Company and/or
                    the Garden.
 
12.   PROHIBITION
 
          12.1     The use of any tobacco, alcohol, dangerous     
                      weapons or such other items as may be
                      determined by the Company from time to time,
                      shall be forbidden in the Garden’s premises.

           12.2   Members shall not do or cause any damage to  
                       the Garden and/or the premises of the Garden
                       or any part thereof or any property belonging to
                       the Garden or the Company.
 
           12.3   Members shall not litter deface or in any way      
                        create any nuisance whilst on the premises of 
                        the Garden whether using the Facilities or not.
 
           12.4   No livestock, animals or household pets shall be
                     allowed in the Garden’s premises.
 
           12.5  No outside food or drinks is allowed to be  
                        brought into Garden under any circumstances.
 
13.   MISCELLANEOUS
 
          13.1   Notices
                     Any notice or communication required to be
                     served shall be in writing and shall be sufficiently             
                     served if delivered by hand or sent by post to the  
                     other party at delivered by hand or sent by post
                     to other party at the last known address or at
                     such other address as may be notified by one
                     party to the other in writing. Any notice or     
                     communications sent by hand shall be deemed to
                     be delivered at the time or receipt or if sent by  
                     post shall be deemed to have been served at the
                     time when it would have been delivered in the
                     ordinary course of post.
 
         13.2   Regulations
                    The Company shall have the power at its absolute
                    discretion to make implement from time to time
                    further or additional regulations to govern the
                    uses, operation and enjoyment of the Garden, its
                    facilities or any part thereof and to regulate the
                    rights and privileges obligations and duties of the
                    Members (hereinafter referred to as ‘the          
                    Regulations’). The Regulations may, amongst     
                    other things, prescribe the Membership fee,     
                    payments and any other rights and privileges of     
                    the Member as the Company shall at its absolute
                    discretion at any time and from time to time with           
                    prior notice to the Members make and enforce   
                    such further or amended Regulations by                      
                    supplementing, revising and/or amending the                           

           Regulations as the Company deems fit.
 
13.3   Waiver
           No failure or delay on the part of the Company in
           exercising any power or rights which it may have against
           any Member shall operate as a waiver of such power or
           rights nor shall the knowledge or acquiescence by the
           Company of or in breach of any terms and conditions
           herein constitute a waiver of such terms and conditions.
 
13.4   Withdrawal of Facilities
           The Company shall be entitled at any time and from time
            to time at its discretion to withdraw from use in all or in
            part or cease to operate whether permanently or                      
            temporarily any of the Facilities at the Garden and the
            Company shall not in any way be liable for any
            inconvenience, disappointment, loss of use or any other
            loss (if any) whatsoever or howsoever suffered by the
            Member resulting from such withdrawal or cessation.
 
13.5   Prohibition of Entry
           Notwithstanding anything contained herein to the     
           contrary, the Company may at its absolute discretion
           without ascribing any reason therefore, prohibit the 
           entry into Garden of any person who is in the sole
           opinion of the Company an undesirable person.
 
13.6   Time
           Time wherever mentioned shall be deemed to be of the
           essence.
 
13.7   Change of Rules, Terms and Conditions
           The Rules, terms and conditions contained herein may
           be amended, substituted or varied at any time and form
           time to time by the Company at its absolute discretion
           by giving notice to the Members.
 
13.8   Interpretation
           Any dispute or difference which may arise as to the 
           meaning or interpretation of Rules and Regulations
           made hereunder shall be determined by the Company,
           whose decision shall be final and binding upon all    
           Members of the Garden.