PAYMENTS AND CHARGING PROCEDURES

All members are required to keep a valid approved credit card on file with the Club and are responsible for any amounts that are not paid by the credit card company. If at any time the members’ fees and/or other charges are 30 days past due, there will be a 1.5% Finance Charge added to the account. Membership privileges will be suspended if the account is still unpaid after 45 days until the account is paid in full.

Please note: A gate fee of $5 per person will be charged to your account for each day a registered member on your account visits the pool. Cash payments will not be accepted at the entry gate or snack bar.

Once a credit card is securely added to a member’s account, the member will have the option to make charges to their account at both the entry gate and snack bar, without having to present their credit card for payment. Member account charges are reconciled monthly, and the credit card on file will be automatically charged on the first of each month.

Statements will be created and sent only once a month; however, a member can log into their account on the Club’s website and view any charges on their account, make payments and update their payment method.

RESIGNATION AND TERMINATION

I understand and acknowledge that my Membership is non-transferable. No prepaid dues will be refunded to me under any circumstance. I understand that this Membership Agreement provides only a revocable non-exclusive license to use the Club Facilities and services, and that I am not entitled to any equity or assets of the Club, ownership rights, voting rights, or any other form of ownership or control of the Club or its owners resulting from this agreement.

I understand and acknowledge that the Club may terminate or recall my Membership at any time for any or no reason, and that I may resign my membership in accordance with the resignation policies set forth within the Rules, that may be amended from time to time.

PHOTOGRAPHY RELEASE

All members, their families, and guests consent and authorize Old Trail Club (and their respective owners, directors, partners, officers, operators, employees, and other agents) to copyright, use and publish any images in any format taken while utilizing club facilities or attending club events. Members understand these images may be used for a variety of purposes and may appear on the Club website, newsletter, for promotional materials or any other media now known or to be developed.

Members also understand that Old Trail Club or any entity authorized by Old Trail Club will use the images exclusively for Club-related purposes and not for any other commercial gain. Because anyone can download an image from the Internet or make copies from printed materials, Members also agree that Old Trail Club is not responsible for unauthorized use of the images and are aware that they are not entitled to any compensation and that the images may appear with/without their name.

GUEST VISITS

Members may bring a guest to the pool for an additional fee. Each guest may only come to the pool for a total of 10 visits per season regardless of how many different members they may come with.

LOYALTY PROGRAM

We are excited to announce that your membership includes our Loyalty Program. You will earn Loyalty Points May-September and will be able to redeem these for Food purchases in Restoration Restaurant. Loyalty Points will be earned as follows: 5% on select Pro Shop merchandise, Swing Lab Tee Times, Tournament Entry Fees and 15% on Restoration Restaurant and Golf Snack Window, and Swim Snack Window Food Purchases. Your Loyalty Points will expire on December 31, 2026.

RELEASE AND INDEMNITY AGREEMENT

This Old Trail Swim Club Acknowledgement and Release (the “Release”) is by and between the undersigned individuals (the “Members”) and Old Trail Swim Club, LLC, and March Mountain Properties, LLC (the “Owner”).

In consideration of being permitted access to the pool owned by the Owner known as the Old Trail Swim Club (the “Pool”), the undersigned does hereby agree to indemnify and hold harmless the Owner, its agents, employees, directors, certificate holders, independent contractors and successors, Old Trail Golf Club and Real Property, Inc. from all liability claims, causes of action, demands and indebtedness of every kind and nature relating to the use of the swimming pool and pool area. This release and indemnity agreement is a contract with legal consequences.

The undersigned acknowledge they have carefully read and fully understood the following acclamations before signing:

• I understand that a swimming pool is hazardous to those people who have not been trained to swim or whose condition renders them unable to swim capably and that the fence (including the locked gate) has been placed around the swimming pool to prevent such persons from having access to the swimming pool.
• I will not allow anyone else to use my pool pass to gain access to the Pool, nor will I allow any minor to use my pass to gain access to the Pool.
• I will not assist anyone in gaining access to the swimming pool unless he or she has signed a release such as this on file with the Pool.
• I agree to always abide by the rules and regulations as detailed in this agreement and fully understand that failure to do so may result in revocation of pool privileges. I further agree that the revocation of my pool privileges will not entitle me to a refund of my daily fee paid.

I ACKNOWLEDGE THAT THE TERMS AND CONDITIONS OF MEMBERSHIP ARE SET FORTH EXCLUSIVELY IN THIS MEMBERSHIP AGREEMENT AND THE RULES (which may be amended by the Club from time to time), AND THAT THE TERMS AND CONDITIONS STATED IN THESE DOCUMENTS SUPERSEDE ANY AND ALL PROMISES, STATEMENTS, REPRESENTATIONS, OR WARRANTIES MADE DIRECTLY OR INDIRECTLY TO ME, VERBALLY OR IN WRITING, REGARDING MEMBERSHIP.

I have received and read a copy of the Rules. I agree for myself and for my family members, invites, and guests to be bound by the terms and conditions of the Rules and all procedures adopted by the Club, all as may be amended from time to time.

CODE OF CONDUCT / DISCIPLINE

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 to be likely to endanger the welfare, safety, harmony, or good reputation of the Club or is otherwise improper, may be reprimanded, suspended, or expelled from the Club and have all privileges associated with the membership suspended or terminated by the Club.

The Club shall be the sole judge of what constitutes improper conduct, but improper conduct will include, but is not limited to: Failing to pay any amount owed to the Club in a proper and timely manner; Treating the personnel/employees of the Club in an unreasonable, inappropriate, or abusive manner; Failing to abide by the Rules as set forth herein and as established by the Club for use of the Club facilities; Acting in a manner incompatible with the standard of conduct of the existing membership or which would likely injure the reputation of the Club; Intentionally destroying, damaging, or removing Club property.