1. The V Club (hereinafter referred to as the “Club”) is owned by M/S High Class Projects Ltd and managed by VIPUL LIMITED. (Hereinafter “The Management”). The Management is, empowered to manage the affairs of The Club and appoint such managerial personnel including but not limited to managers/officers/executives (hereinafter the “Club Management”) at its sole discretion for day-to-day functioning of The Club. The Club Management reserves the right to change the name of The Club as may be considered necessary and deemed expedient from time to time.
2. The grant of membership of The Club is discretionary and subject to approval being granted by the Club Management, which could be granted, declined or refused at the sole discretion of the Club Management without giving any reasons for the same. Decision of the Club Management for grant of membership of The Club shall be final and binding upon the applicant. Membership of The Club is not transferable and is merely a license to a person to use the Club facilities in accordance with the Rules & Regulations of The Club as may be in force from time to time. The applicants seeking membership of the Club are requested to carefully read the Rules & Regulations of the Club pertaining to the grant of membership and usage of the Club facilities etc. Once the completed Application Form is received from the applicant, it would be deemed that the applicant has fully read and understood the Rules & Regulations of the Club and shall abide by the same. In the event the applicant is a body corporate, registered company, partnership firm etc. seeking membership of the Club, the Application Form by such bodies/ entities shall be accompanied by the certified true copies of the constitutional documents and a valid resolution authorizing individuals for seeking and applying for membership of the Club.
3. These Rules & Regulations of The Club are merely indicative and are not exhaustive in nature and may be amended by the Club Management from time to time without any prior notice to the applicants/members and the same shall be binding on all the members.
4. The Club Management reserves the right to bifurcate or curtail the area of The Club and/or curtail or add facilities and/or to shift The Club from its present site/ location/premises to any other site/location/premises within NCR. The Club Management shall have the absolute right to restrict and/ or withdraw usage of any existing facility/ service offered by the Club or to add new facilities/ services as may be decided by the Club Management at its sole discretion from time to time in future.
5. ELIGIBILITY FOR MEMBERSHIP
5.1 Each applicant applying for membership of The Club shall not be less than 21 years of age and shall submit an application in a format prescribed by The Club, complete in all respects for consideration by the Club Management. The applicant may be called for an interview/meeting with the The club Screening Committee , and in case the applicant is found eligible for grant of membership, he/she shall be intimated/ informed in writing in this regard by the Club Management. The applicant, on receipt of intimation, should make payment of prescribed deposits/fees/charges etc. within the stipulated period of time, failing which, the offer of membership shall stand revoked, withdrawn and/or cancelled. That in case the Club Management declines to grant membership to the applicant within a period of ___ months from the date of application for any reason whatsoever, the Applicant(s) shall only be entitled to refund of the Advance amount paid with the application form without any interest or claim. The Applicant shall have no right, claim or interest of whatsoever nature or kind in the Club.If the cheque submitted by the Intending Applicant along with the Application form is dishonoured then the application will be deemed to be automatically rejected/cancelled
5.2 In case the property is registered in the name of more than one individual, all the registered owners of the property would be eligible to apply for membership of The Club as property owners under resident category. In case of rented property within VIPUL, the registered owners and/or tenants thereof would also be eligible to apply for membership of The Club.
6.1 The grant of membership of the Club shall be at the sole discretion of the Club Management for such term as may be mentioned in the Schedule applicable from time to time. Further, it is clearly understood by the applicants/members to which he/ she agrees that the term of membership could be varied by the Club Management from time to time at its entire discretion without assigning any reason including curtailment of the term of membership already granted. A financial year shall end on 31st March of each year and accordingly irrespective of the date on which the membership was granted the first financial year shall end on 31st March after the date on which the membership was granted.
6.2 At the time of admission as a member of The Club, the applicant would be required to pay Interest-free Security Deposit (refundable), Membership Fee for the required term of membership (non-refundable), Annual Subscription Fee (non-refundable) and other charges as per the Schedule applicable at the time of grant of membership in accordance with the Rules & Regulations. The annual subscription fee shall be paid fully at the onset and valid for a year after. The charges for food and beverages would be payable as per menu rates in force from time to time and the applicant/member shall also be required to pay such other charges as may be levied/charged for usage of various other Club facilities, recreational activities, games, library etc., as may be prescribed/ determined by the Club Management from time to time. It is further made clear that imposition of any Government levy/tax including but not limited to service tax, entertainment tax or any other tax of any kind or by whatever name called, shall also be payable by the members/applicants with effect from the date it has been made applicable including from retrospective effect.
6.3 The Club Management reserves the right and sole authority to revise the Membership Fee (non-refundable), Annual Subscription Fee (non-refundable), and other charges as may be specified in the Schedule from time to time, entirely at its sole discretion. Similarly, other charges for usage of various facilities, recreational activities, services and/or menu rates for food and beverages etc. may also be revised by the Club Management at any time, at its sole discretion, as may be considered necessary and deemed expedient,. Such revision in fees/ rates shall become effective and binding on the applicants/members with effect from the date notified by the Club Management.
6.4 The Club shall have the sole and absolute right to introduce, establish, add, remove and modify different types of membership and to modify the rules & regulations governing access and guest privileges with respect to The Club facilities attached with each type of membership.
6.5 Any Applicant/Member opting for a change from one category of membership to another category of membership (as may be decided by the Club Management from time to time)INTENT NOT CLEAR shall be liable to pay additional or receive credit in subscription fee, if any, and Interest-free Security Deposit, if any, as may be prescribed in the Schedule.
7.RENEWAL OF MEMBERSHIP
7.1 Applicants/Members seeking renewal of membership of the Club shall have to apply on the prescribed Application for renewal form duly filled in all respects one month before expiry of each term accompanied by the requisite Interest-free Security Deposit (refundable) applicable for the renewal period, Membership Fee (non-refundable), Annual Subscription Fee (non-refundable) and such other charges as may be applicable as per the Schedule for such renewal. The applicant/member, however, shall have to clear all or any outstanding dues, as may be appearing in the records of the Club, before the membership is renewed.
7.2 It is made clear that till such time all overdue payments are cleared/settled by the member concerned, the renewal of membership shall not be granted and the member shall not be entitled to use the Club and/or any of the facilities/services offered by the Club after cessation of his/her membership till such time the membership is renewed by the Club Management in writing.
8. PAYMENT OF DUES AND OTHER CHARGES
8.1 The Applicants/Members shall be required to pay/clear all applicable fees, charges, dues, costs and/ or demands as may have been made, on or before the due date for payment. In case of any loss or damage caused or occasioned to any property of The Club or caused any injury to any person or third party, or to the guest(s) of any member, within The Club premises on account of any reasons/ actions attributable directly to any applicant/member or to the family members of the applicant/member, the same shall be viewed seriously by the Club Management, and charges/damages as may be determined by the Club Management shall be payable by the applicant/member within such timeframe as may be prescribed by the Club Management. In case the applicant/member fails to pay applicable fees, charges, dues, costs and/ or demands by the prescribed date, the outstanding amount shall attract interest @ 1.5% per month calculated from the date it was due till the date of its realization in full.
8.3 Notwithstanding the above, the Club Management shall have the right to adjust such charges as mentioned above, from security deposit made, by the applicant/ member at the time of seeking membership, and after such adjustment, if any shortfall remains, the same shall be recoverable by the Club Management on the same basis as the dues of the Club. Upon such adjustment of dues/charges from the security deposit, it shall be incumbent upon the applicant/member to replenish the shortfall in security deposit within 15 (fifteen) days of receipt of intimation in this regard from the Club Management, failing which he/she would further be liable to pay interest @1.5% per month on such amount till its realisation.
9. INTEREST-FREE SECURITY DEPOSIT
9.1 An interest free security deposit shall be payable for each category of membership class as prescribed in Schedule. The amounts of the interest free security deposit and the manner of payment shall be determined by the Club Management from time to time. Interest free security deposit shall be taken from the applicant/member to secure the outstanding club dues and damages to The Club property, if any.
9.2 The applicant/member hereby authorizes The Club to adjust his/her outstanding dues not paid before the due date from the interest free security deposit and further undertakes that he/she shall within 15 (fifteen) days of The Club intimating such adjustment, will make good the shortfall in the interest free security deposit, failing which his/her membership is liable to be placed under suspension or could even be terminated as may be decided by the Club Management at its sole discretion.
10. REFUND OF INTEREST FREE SECURITY DEPOSIT
10.1 Save as otherwise expressly provided in this Rules & Regulations, the Interest-free Security Deposit shall be refunded to the member(s) subject to adjustment of such dues, demands, charges etc. along with interest, if any, on cessation of the term of membership or its earlier termination.
11. TERMINATION OF MEMBERSHIP
11.1 Voluntary Termination – Withdrawal/Relinquishment of Membership
11.1.1 An applicant/member may decide to relinquish his/her membership from The Club at any time by giving 30 (thirty) days’ prior written notice to the Club Management and shall settle/pay all charges/dues attributable to his/her account till the date of such relinquishment, if finally accepted by the Club Management.
11.2 Involuntary Termination/Suspension
11.2.1 The Club Management reserves the right to terminate membership of any member with immediate effect, at its sole discretion amongst one or more of the following grounds:
(a) On the failure to pay his/ her dues within 15 (fifteen) days of the due date of payment;
(b) If the Club Management is of the view, or if at any time it is found and/ or otherwise prescribed by any authority and/ or court having jurisdiction, that continuance of such membership and/ or authority of the Club Management to grant the membership and/ or acceptance by any applicant/ member of his/ her membership, is violative of or is likely to violate any provisions of law, rules, regulations or notifications;
(c) If the Club Management is of the view that the applicant has indulged in or is found to be indulging in any unethical, immoral, indecent, aggressive, obscene, violent, criminal, intrusive, threatening, harmful, harassing, undignified, objectionable or any form of unacceptable behavior or has otherwise violated any Rules and Regulations of the Club. Provided further that in the event of such termination, the entire amount deposited by the applicant towards interest free security deposit, annual subscription fee, membership fee or any other charges, shall be forfeited;
(d) If the any applicant/member is found or reported to have committed, abetted, participated, accomplished and/ or associated with any criminal activity of any nature whatsoever and/ or otherwise is/ has been subjected to or reported to have been involved in any criminal proceedings whether within or outside the premises of any club(s);
(e) If the applicant/member furnishes any wrongful information and/ or makes any misrepresentations in the details furnished along with the Application Form and/ or otherwise in any form to the Club Management.
(f) At any point of time without assigning any reason, if an act committed or alleged to have been committed by the applicant/member is termed as an act subversive of discipline of the good conduct on the part of the applicant/ member.
11.2.2 The decision of the Club Management shall be final and binding in this regard on all concerned. In the event of termination for any member by the Club Management for any reason specified above, the member/applicant specifically agrees that he/she would not be entitled to claim any compensation, damage, charges, costs, loss etc. or pursue any action/ remedy against the Club Management on any ground whatsoever.
11.3 Involuntary Termination – Death
11.3 In the event of death of a Member, the surviving spouse may apply within three months from the date of death of the member, and shall make payment of all charges accrued to or incurred by the deceased member, failing which the membership of the deceased member shall be deemed to have lapsed with effect from the date of receipt of written intimation of death of the member by the Club Management and in that case the interest free security deposit shall be refunded to the legal heirs, as per law after adjustment of the unpaid charges, if any, incurred by the deceased member, at the end of the tenure of the deceased member. In case there are any outstanding dues and/ or demands over and above the interest free security deposit, the Club Management shall be entitled to recover the same from the spouse and/ or legal heir(s) of the deceased member.
12. LOSS OR DESTRUCTION OF PROPERTY OR INSTANCES OF PERSONAL INJURY
12.1 Every applicant/member shall be solely responsible for his dependants and guests.
12.2 Every Applicant/Member, his/her dependants and Guests assume their respective responsibility of their personal and other belongings. The Club shall not be responsible for any loss or damage to any personal belongings/goods of the Applicant/Member including but not limited to equipment of the Applicant/ Member, dependants or the Guest used or stored in the premises of The Club, if any.
12.3 The Club facilities involve usage of specialized equipment and the applicants/ members and their guests are deemed to have up to date knowledge of the use of such equipment. In the event of any accident, injury, loss or damage to the applicant/ member due to any reason whatsoever, the Club Management shall not be held responsible/liable for the same.
12.4 It shall be incumbent upon each and every applicant/member to maintain peace, harmony, discipline and decorum within the Club premises as well as mutual respect and display dignity of each and every applicant/ member/ individual. The applicant/ member shall not indulge in any unethical, immoral, indecent, aggressive, obscene, violent, criminal, intrusive, threatening, harmful, harassing, undignified, objectionable or any form of unacceptable behavior or act subversive of discipline and/ or otherwise violate any Rules and Regulations of the Club(s) in any manner in or around the Club premises. The applicant/member shall carry out only permitted and lawful activities within the Club premises. No dangerous, obnoxious, inflammable or offensive substance and/ or weapons will be brought inside the Club premises by any applicant/ member and/ or his/ her family applicant/members or guests.'
12.5 The Club shall recover all losses in full incurred due to damage caused by the Applicant/Member or their dependants/guests to the Club’s property, furniture, fittings and equipment etc. and every applicant/member shall keep The Club, Club Management, its Directors, Managers, employees, officers and representatives and its joint venture, associates and affiliates however connected with the development, operation, maintenance and upkeep of the Club fully indemnified against all or any losses, actions, liabilities, expenses, claims or damages whether by way of costs, charges, expenses, litigation penalty or howsoever sustained or incurred by them in this regard.
13. RIGHT OF THE CLUB TO HIRE INDIVIDUAL FACILITIES TO NON-MEMBERS/OUTSIDERS
13.1 The Club Management shall have the absolute right and authority to hire out or make use of any or all facilities of The Club for any period as the Club Management in its sole discretion may decide for use of non-members. During the period of use of The Club facilities by such non-members, the Club Management reserves the absolute right and authority to restrict the Applicants/Members from using such hired out facilities.
14. RIGHT TO MAKE ADDITIONAL CONSTRUCTIONS
14.1 The Management shall have absolute right to renovate, remodel, change, landscape, repair or improvise any of the existing/new structure within the premises of The Club. It shall also have the right to add and/or remove any structure within/outside/adjucent to The Club premises, as may be considered necessary and deemed expedient from time to time and the member(s) agree and undertakes not to object to the Owner/Management of the Club constructing or continuing with the construction as aforesaid or raise any claim or withhold the payment of Club and other charges as and when demanded by the the Club Management on the ground that the infrastructure required for the Club is not yet complete.
15. AMENDMENT TO RULES AND REGULATIONS
15.1 The Club Management may, at its sole discretion, amend/modify the Rules and Regulations or make any special rules for special occasions, as may be considered expedient and deemed necessary, from time to time.
15.2 The applicants/members shall observe all the Rules & Regulations, the amendments thereto and the special rules, if any, as may be in force from time to time. The amendments/modifications in the Rules & Regulations and the special rules, if any, shall become effective and applicable from the date notified by the Club Management. The Rules & Regulations shall remain displayed on the Notice Board from time to time.
16. SWIMMING & GYMNASIUM
16.1 Use of pool sports & gymnasium facilities at any time shall be solely at the swimmer’s / user’s own risk. He/She may do so under clearance from his/her doctor and adhere to medical advice, if any.
16.2 There is a separate Pool for children called “Kids Pool”. The children under twelve years of age are permitted to use the facilities of the Pool only if accompanied and supervised by an adult who himself knows swimming.
16.3 All swimmers must wear suitable swimming costumes. Infants must wear water-proof swimming diapers and/or life saving jackets
17.1 All disputes arising out of or touching upon the Rules & Regulations and other terms and conditions of membership including the interpretation and validity thereof and the respective rights and obligations of the parties shall be settled amicably by mutual discussions failing which the same shall be settled through arbitration. Arbitration proceedings shall be governed by Arbitration & Conciliation Act, 1996 or any statutory amendments/modifications thereof for the time being in force. The arbitration proceedings shall be held at the office of The Management at NCR by a sole arbitrator who shall be appointed by the Club Management who can also be one of its employees. The arbitral proceedings shall be conducted in English language only. The applicant/ member hereby confirms that he/she shall have no objection to this appointment. The reasoned decision of the arbitral tribunal constituted in accordance with the provisions of this clause shall be final and binding on the Parties and may be entered and enforced in any court of competent jurisdiction by either Party. The courts at NCR alone shall have the jurisdiction in all matters.
18.1 The Club shall not be liable for any loss or injury occasioned to an Applicant/ Member or his family or Guest while using the facilities of The Club on account of Act of God or accident or accident occurred in the normal course of playing a game or using the facility.
18.2 The applicant/member hereby consents and agrees that the grant of membership and access to The Club and/ or usage of facilities and services provided by the Club and applicability of Rules and Regulations to the membership of The Club are for the benefit of the applicants/members, with a view to bring security and avoid any confusion and to establish harmonious relationship amongst the applicants/members and the Club Management. The applicant/member hereby acknowledges, confirms and agrees that the present Rules and Regulations are reflective of the mutual consent of the respective obligations of the applicant/ member and the Club Management with a view to avail/extend facilities offered by the Club on inter-se relationship basis, and would be termed more contractual in nature, which may not be read in evidence or interpreted in any manner against the Club Management in any of the proceedings before any court, consumer courts/forums, competition commission or any other judicial authority or forum of any kind, not specifically named herein
18.3 Applicants/Members who are non-resident Indians, foreign nationals, expatriates shall solely be responsible for complying with all the necessary statutory formalities of Foreign Exchange Management Act, 1999, Reserve Bank of India Act, 1934 and Rules/guidelines made/issued thereunder and all other applicable laws for the time being in force governing the remittance of all payments to The Club and all refunds to be made by The Club. Such applicants/members agree to inform The Club forthwith whenever there is any change in their residential status.
18.4 The Club Management shall not be held liable or responsible for not performing, any obligation or undertaking provided for in these Rules and Regulations and other terms and conditions if such performance is prevented, delayed or hindered by any Executive or Judicial Order or by an act of God, fire, flood, explosion, war, riot, terrorist acts, sabotage, inability to procure or general shortage of energy, labour, equipment, facilities, materials or supplies, failure of transportation, strikes, lock outs, action of labour unions or any other cause (whether similar or dissimilar to the foregoing) not within the reasonable control of the Club Management.
18.5 The Club will not send bills or statement of accounts to any applicant/member. It is the duty of the applicant/member to check his account with the club office and to pay the dues, if any. If any bills or statement of account, circulars, notices etc. are misplaced in the mail or is delayed in post, the Club Management shall not be held responsible for the same.
18.6 All payments to The Club shall be in favour of “V CLUB COLLECTION ACCOUNT” payable at NCR. Interest on overdue payments shall be charged @ 1.5% per month.
18.7 In case of applicants who are non-resident Indians or foreign nationals, the requisite charges shall be paid by a demand draft in foreign exchange or out of the NRI account along with a bank certificate. It shall be the sole responsibility of the Applicant/Member to obtain requisite permission, if any, from the Reserve Bank of India to make any payment to The Club.
18.8 There will be no credit facility extended to the Applicants/Members. In case of large events the applicants/members may have to buy cash coupons sold by the authorized staff of The Club.
18.9 The Applicants/Members may be permitted to pay for club facilities and other services offered by The Club on credit against their Bank Credit Card. However, such total credit shall not exceed “credit limit” as permitted by the bank and Management of the Club. If this limit is exceeded, all club facilities to the applicant/member shall be withdrawn forthwith and the Applicant/Member will first be required to pay the entire outstanding to The Club for resumption of his credit facility.
18.10 It is expected that the applicants/members, their dependents and guests are dressed in a presentable manner while they make use of the facilities of The Club in order that discipline and dignity of The Club is maintained at all times.
18.11 Applicants/Members, dependents and their guests are advised not to bring large sums of money or valuables to The Club. The Club Management of The Club shall not be held responsible for any loss/theft of cash or valuables from the lockers/rooms or otherwise.
18.12 Personal belongings, shoes etc. are not allowed to be left at the locker rooms. The lockers can only be used for the duration of an applicant’s/member’s visit to The Club. Personal clothing’s are also not allowed to be stored overnight and locker keys must be returned at the reception counter while leaving The Club.
18.13 Entry of pets is strictly prohibited inside The Club premises.
18.14 The Club Management reserves the right of admission inside The Club premises of anyone including but not limited to applicants/members or their guests, as may be deemed necessary or considered expedient without specifying any reasons therefor except in areas which are specifically permitted. Attendents/Domestic helps accompanying Members will be given seprate designated area to sit/wait while members are utilizing club facilities.