EXPLANATORY NOTE
Hart Ranch Development Company, DBA Hart Ranch Golf Club, is an South Dakota Corporation with a principal business address of 23645 Clubhouse Drive, Rapid City SD 57702 (“Hart Ranch”), owns and operates a privately owned, daily fee golf course. Member desires an opportunity to enjoy Hart Ranch facilities on a regular basis and obtain certain privileges associated with being identified as an Annual Member of Hart Ranch. Member agrees to become a Member on the terms and conditions set forth herein.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Member agrees to as follows:
- ANNUAL MEMBER. For purposes of this Agreement, “Member” shall mean the person(s) identified in the Hart Ranch Golf Club POS System resulting from the purchase of an Annual Membership either online at, www.hartranch.com, or in person.
- ANNUAL MEMBERSHIP TERM. The “Membership Term,” shall run from January 1st or the date the Annual Membership is purchased whichever is later, until December 31st that same calendar year.
- ANNUAL MEMBERSHIP. Upon payment of the Annual Membership Fee (defined in Section 4), Member’s membership privileges will be activated. Memberships may be refused or revoked at the discretion of Hart Ranch. Membership Fee is neither refundable nor transferable. Payment of Membership Fee does not give Member any right, interest, or ownership in Hart Ranch. Membership privileges are personal to Member and may not be sold, transferred, or otherwise assigned in any manner. Privileges shall cease and terminate upon the death of Member. Hart Ranch may revoke membership if Member violates any terms of this contract agreement. No portion of any fees paid is refundable upon revocation or suspension of a membership, other than as set forth in Section 12 below.
- ANNUAL MEMBER PRIVILEGES. For the duration of the Membership Term, Member will receive certain benefits that vary and are dependent upon the type of membership elected under Section 5 below. Collectively, these benefits are referred to as “Member Privileges.” Hart Ranch reserves the right to modify Member Privileges at any time with or without providing notice.
- MEMBERSHIP TYPES, MEMBERSHIP PRIVILEGES AND MEMBERSHIP FEES. Hart Ranch offers multiple types of Annual Memberships, each with a corresponding annual fee (the “Membership Fee”). These membership types and their corresponding privileges can be found at hartranch.com/golf-membership.
Notwithstanding the foregoing recitation of Annual Membership types and fees listed on hartranch.com/golf-memberships, Hart Ranch reserves the right to offer other Annual Memberships and Annual Membership specials from time to time. - PAYMENT OF ANNUAL MEMBERSHIP AND OTHER FEES. Member may elect to pay Membership in a one-time lump sum payment by check, cash or credit card. Otherwise, all other payments hereunder shall be made by means of a credit card or ACH Withdrawal. In the event that Member does not elect to pay Membership Fees in a lump sum payment, Membership Fees will be paid in installments, incurring an additional fee per month, above the monthly calculated price of the membership. Hart Ranch reserves the right to set this fee and modify the fee at any time.
- COMPLIANCE. Member agrees to abide by Hart Ranch’s general policies as set forth herein and as may be published by Hart Ranch from time to time. Hart Ranch believes that golf is a game and expects Members to assist Hart Ranch in keeping golf fun for everyone. Accordingly, Hart Ranch expects all Members and guests to observe all federal, state, and local laws at all times. Members must check in with the Golf Shop staff before proceeding to the course, driving range, practice area, or other facilities. No alcohol may be brought onto Hart Ranch premises for consumption. The only alcohol to be consumed on site is alcohol purchased on site. No underage drinking is permitted. Any damage to the golf course and property is the responsibility of the golfer to repair or replace. When problems arise on the golf course, Member will direct complaints or problems to General Manager and not to outside staff or Superintendent. Hart Ranch reserves the right to expel any golfer who uses excessive foul language, illegal substances or exhibits aggressive or violent behavior. Supervision on the golf course and in the clubhouse is required for children under the age of 15 unless the Golf Professional or General Manager have granted permission for an unaccompanied visit in advance.
To the extent required by law, Member agrees to pay for any damage to the golf course, clubhouse, players, club staff, homes and vehicles adjacent to the golf course, residents of such homes, and any other damage caused by Member’s errant golf balls. Member agrees to immediately notify the Golf Shop staff and any person, staff member or homeowner of any damage caused by errant golf balls.
- MEDIA RELEASE. From time to time, Hart Ranch may publish photographs on its websites or marketing materials. You hereby give Hart Ranch, its successors and assigns, the right and permission to publish or post, for art, advertising trade or any other lawful purpose whatsoever, your name, photograph and/or likeness. You release, discharge, and agree to save Hart Ranch, its successors, officers, directors, employees, and agents from any liability in connection with the publication of any photograph or information pertaining to Member. Member waives any right to inspect and/or approve the finished product and printed matter that may be used in connection therewith, or the use to which it may be applied.
- AVAILABILITY OF FACILITIES. Hart Ranch reserves the right to host special events such as weddings, parties, and golf tournaments. Such events may partially restrict the availability of golf course starting times and any or all of the practice areas. Such special events also may preclude the use of the clubhouse. Any or all practice areas also may be unavailable from time to time because of inclement weather or maintenance practices. Hart Ranch reserves the right to close the golf course and facilities for any reason at its sole discretion.
- GUEST POLICIES. Members may host up to three accompanied guests, per day, at a discounted rate that can be found on hartranch.com/golf-membership off the regular posted rate for greens fees (the “Guest Fees”) during non-twilight hours or tee times. The Guest Fees are payable at the time of play. Guest Fees are not valid for promotions, tournaments or special events.
- USE OF GOLF CARTS. As a rule, golf carts are allowed on the fairways, however, inclement weather or other conditions may evoke further cart restrictions. The Golf Shop staff will notify Members of any temporary restrictions, but players are expected to refrain from driving golf carts where it may damage the golf course. Privately owned golf carts must pay trail fee or purchase a trail fee pass. No more than two carts per foursome are allowed unless authorized by the Golf Shop. No more than two riders and two golf bags per cart.
Member agrees to return golf carts immediately following the completion of the round in the same condition as received. Member agrees to immediately pay for any damages sustained by the carts during the Term of their Membership. Member agrees to pay for any damages to facilities or grounds caused by use of the carts. Member represents that they are familiar with the operation and use of said carts and have read the instructions appearing on the golf cart. Member further represents that Member can operate and control said cart in accordance with instructions. Member must be at least 16 years old, have a valid driver’s license and will obey all cart usage regulations including golf course signage, roping and instructions from any Hart Ranch staff member. Member understands and accepts that Hart Ranch makes no warranties, express, implied or apparent regarding the golf cart, no warranty of merchantability, and no warranty that the golf cart is fit for a particular purpose.
Waiver of Liability, Assumption of Risk and Indemnification: Member releases Hart Ranch, its officers, members, successors, assigns and employees (Hart Ranch Parties) from all claims for loss of any personal property that is carried in or left in the golf cart. Member accepts and acknowledge that they are legally and financially responsible for their personal property of participants and injuries to all participants and all passengers of the golf cart under this agreement, as well as the personal property of and injuries to any others involved and agree to indemnify, defend and hold harmless the Hart Ranch Parties from all claims, liability, costs and attorney fees that Hart Ranch may incur resulting from, or arising out of the rental or Events use of the golf carts, including the negligence of Hart Ranch.
Member acknowledges that there are inherent risks in the activity of golf and operating a golf cart. These risks may result in serious injury or death and includes, but is not limited to the following: uneven, wet and rugged terrain, stumbling, slipping, twisting, falling, wildlife encounters, and collisions with pedestrians, passengers, motor vehicles, natural and manmade objects.
- EARLY TERMINATION OR SUSPENSION OF MEMBERSHIP. In the event that Member (a) becomes disabled, sick or injured for a period exceeding thirty (30) continuous calendar days; (b) is activated for military service; or (c) is relocated for business more than (i) fifty (50) miles from Hart Ranch and (ii) more than fifty (50) miles from Member’s address set forth on the Member Enrollment form, Hart Ranch may suspend or terminate Member’s membership. In the event of disability, injury or illness, Member must provide a doctor’s note to Hart Ranch. In the event of military service, Member must provide a copy of military orders from issuing authority. In the event of relocation, Member must provide copy of utility bill or other correspondence to demonstrate new domicile. In the event of termination Hart Ranch, at its sole discretion, may choose to issue Member a pro rata refund of Membership Fees. In the event of suspension, Hart Ranch will not issue any refund, but will freeze membership for suspension period. Hart Ranch shall not be obligated to terminate or suspend a Member’s membership. Decisions regarding early termination or suspension of membership will be at the sole and absolute discretion of Hart Ranch.
I HEREBY CERTIFY AND REPRESENT THAT I AM OVER THE AGE OF 18 YEARS AND HAVE READ AND FULLY UNDERSTAND ALL TERMS OF MEMBERSHIP CONTRACT AND I INTEND TO BE LEGALLY BOUND AND AGREE TO ABIDE BY ALL TERMS. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT AND SUPERSEDES ANY PRIOR AGREEMENT OR UNDERSTANDING CONCERNING THE SUBJECT MATTER HEREOF. BY MEMBERS SIGNATURE BELOW, MEMBER CERTIFIES THAT THEY HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT MEMBER IS GIVING UP SUBSTANTIAL RIGHTS, INCLUDING ITS RIGHT TO SUE.
