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.