1. RIGHTS OF MEMBERS

1.1 Constitution

The Club is constituted as a privately-owned Sports & Recreation Club comprising the Membership Scheme under which Members hold some Club Rights.

1.2 Membership Scheme (“MS”)

The Membership Scheme shall be under the ownership and control of the Operator. The contractual rights of Members are established solely with the Operator who shall grant Club Rights to Members.

1.3 Name of the Club

The Club shall be known as the “ECOHUB” or any other name that the Operator may choose to apply at a later stage.

1.4 Rights of Membership

a) The Club shall grant Club Rights to Members, including access to the Club Facility, in accordance with these Rules & Regulations.

b) Membership does not confer upon a Member any ownership, interest, right, benefit or title to or in any of the Facility or assets of the owner.

c) No Member shall, by virtue of his/her Membership only, assume any liability of the owner whether in respect of its property or assets.

d) Membership is restricted to ownership of Club Rights as per type of membership

1.5 Amendments to the Rules & Regulations

The Rules & Regulations have been drawn up in the first instance by the Operator to provide a framework within which the MS shall operate and the character and operation of the Club shall develop from inception. The Rules and Regulations are intended to protect the rights of all parties, and to ensure that Members are able to enjoy the Club and derive value from their Membership.

The Rules & Regulations shall be varied, altered or amended only by the Operator.

2. CLUB MEMBERSHIP

2.1 Eligibility

Members are those individuals who have reached the age of 18 years or those partnerships, bodies corporate or unincorporated, which have applied for Membership.

2.2 Allocation and Transfer of Club Rights

A Member shall be entitled to enter and/or use the Club Facility subject to the Rules & Regulations. Club Rights are personal to a Member and are transferable only in accordance with the Rules and Regulations.

2.3 Classification of Members

The Operator may determine Membership categories as it deems fit and proper.

2.3.1 Membership

2.3.1.1 Silver Membership

ECOHUB Members, both Families and Individuals, are natural persons who have been admitted to the Club as Members. The joining fee and monthly dues for Families are based on the number of adults and children in the family, while an Individual will pay a single Adult’s joining fee and monthly dues, as determined from time to time by the Operator; a Child can only obtain a Membership when associated with an Adult who joins too. Members will continue to benefit from Club Rights provided that their accounts remains in good standing and

Membership Dues are current.

2.3.2 Operator’s Privilege

The Operator may extend Club Rights to distinguished visitors (“Honorary Members”) and guests for such period as he / she deems appropriate and in the interest of the Club.

The Operator may itself either withdraw any Memberships and/or General Admission options, or introduce additional categories of Membership from time to time, and determine the maximum number of Members in each category and the terms and conditions applicable thereto.

The opinion of the Operator shall be final in respect of the interpretation of the meaning of “good standing” with reference to the provisions of the Rules & Regulations.

2.4 Application for Membership

An application for Membership, whether this is for issuance of a new Membership or for transfer of an existing Membership, shall be made by way of application to join the club. By signing the Membership application form, which contains details of residential address, and upon acceptance of such application by the Operator, a prospective Member shall be deemed to have read and accepted these Rules & Regulations, and the ensuing Membership shall constitute a binding contract between the prospective Member on the one part, and the Operator on the other part.

2.5 Acceptance of Membership

Each applicant who has been accepted for a new Membership shall pay a one-off Joining Fee of an amount applicable to the relevant category of Membership, to become a Member with effect from such date as the Club shall specify, and shall be bound by the Rules & Regulations. The Joining Fee shall be payable by each applicable Member to the Operator. The Joining Fees, or any portion thereof, is non-refundable.

Any applicant who has paid the applicable fees and Membership Subscription Charges shall become a Member with effect from such date as the Club shall specify, and shall be bound by these Rules and Regulations.

The Operator may waive compliance by an applicant of any of the conditions to Membership application as stated herein.

2.6 Individual Membership Upgrade

A Silver Individual Membership may be changed to a Gold Membership upon application to the Club. The amount payable by an Individual Member for such upgrade will be the difference between the Silver Individual’s and Gold Individual’s Joining Fees prevailing at the time of the upgrade, or a fee as determined by the Operator in the event that one or both of such Membership categories are closed.

2.7 Resignation of Membership

A Member may resign from the Club by giving not less than 30 days’ advance notice in writing by registered post to the Club. The Member shall cease to be a Member as of the Effective Date, subject to payment by such Member of all Membership dues and other fees and charges due up to the Effective Date, and the return of his/her Membership card(s) to the Club.

Upon ceasing to be a Member, a Member shall no longer hold Club Rights nor have access to the Club. No refund of the Membership

Joining Fee or Membership dues will be made on resignation of Membership under any circumstances.

2.8 Termination of Membership

A Member shall forthwith cease to be a Member if such Member is adjudicated bankrupt by any court of jurisdiction subject to the right of transfer of Membership upon payment of the required transfer fee.

Upon ceasing to be a Member, such Member and any Nominee or Family member attached to such Membership shall no longer be entitled to Club Rights.

2.9 Fees and Membership Subscription Charges

Members shall pay Membership Subscription Charges to the Club in accordance with their category of Membership, in such amount and such intervals as shall be determined by the Operator. Membership Subscription Charges are payable by each applicable Member to the

Operator, not withstanding his / her absence, non- enjoyment of the Club Facility and/or suspension of Membership, The Operator has the right to impose, reduce or vary Membership Subscription Charges and all and any joining, registration, transfer, subscription and other fees and charges at the Club. Unpaid dues for more than 6 consecutive months will result in that Membership being terminated.

2.10 Corporate Membership

2.10.1 Number of Corporate Nominees

A Corporate Member, upon payment of the matching Joining Fee, can nominate up to beneficiaries, who will each receive a personalized

Club Membership card that is non-transferable and will require them to obtain their own membership card and their photo taken for identification purposes as decided by management.

A Corporate Member is obliged to inform the Club as soon as an existing Nominee is no longer part of his company. Such Nominee will cease immediately to be a Club Member, all his/her rights will be terminated & his membership card will need to be returned and invalidated.

2.10.2 Additional Corporate Nominees

Subject to the maximum limit of 5 Corporate Nominees set by the Operator, and taking into consideration the number of Nominees agreed upon at the time of application, corporate nominees can be added by an additional Member when approved by the Club and the additional Joining Fee, as determined by the Operator from time to time, has been paid and the monthly subscription charges are increased accordingly.

A Corporate Member may from time to time apply to the Club to make a change to a Corporate Nominee at no cost, subject to conditions as the Club may from time to time specify.

2.10.3 Membership Dues of Corporate Nominees

Each Corporate Nominee is subject to the Rules & Regulations and will hold a Membership account at the Club to which all fees, dues and charges will be debited. A Corporate Member and each of its Corporate Nominee shall be jointly and severally liable to the Club for debts to the Club incurred by the Corporate Nominee including payment of Membership Subscription Charges.

2.11 Gold Membership

2.11.1 Children in Gold Membership

Children who have reached the age of 21 years will no longer be considered as dependent; however they have the option to apply for a new Individual Membership, and pay the applicable joining fees at that time.

2.11.2 Conversion to Absentee Membership

Any holder of a Gold Individual whose account is in good standing and his/her Membership Subscription Charges are current is allowed to put his/her account on hold, either casually (“Casual freeze”) for minimum 1 month at a time and up to 3 months a year at no cost after

giving 30 days notice in writing to the Membership Department, or for a year or more (“Full freeze”) by requesting the freeze in writing and paying in advance an annual joining fee set by the operator, based on the number of children and/or adults the freeze is requested for. In order to unfreeze and reactivate such account, any dues applicable for the remainder of the quarter wherein the account gets reactivated must first be paid for.

2.12 Membership Cards

All membership cards must be presented by its holder when accessing the Club or using its facilities whenever such presentation is required.

Gold and Silver Membership cards are non-transferable. Members and any family members who have reached 10 years of age must carry with them their Membership card at all times. The Club will not carry out services without presentation of a valid Membership card, and staff may request to see a valid Membership card at any time.

Corporate Membership cards for nominee are transferable, and any new member must register at ECOHUB Club’s Member Services and have their photo taken for identification purposes before their first entry. However Corporate Membership cards are not transferable twice on the same day.

The Club will issue a Membership card to a Child once he/she has reached 10 years of age, at which time the Child may enter the Club unaccompanied.

Members are requested to notify Management in the event of loss of their Membership cards; replacement cards are subject to a replacement fee set from time to time by the Operator.

2.13 Member’s Personal Details

Members are required to notify the Club of all relevant changes that are recorded in the application process, including changes to their contact details and changes to residency status.

2.14 Associate Club Privileges:

A current list of Associate Clubs is maintained by the Receptionist and the Membership Department. In order you to benefit more associate club privileges, we recommend you to make a reservation on 033 2569 3800 or contact our membership department to make a reservation for you. You need to present your Club ECOHUB Membership card when you use the Associate clubs.

3. MEMBER GUESTS

3.1 Requirement to Accompany and Responsibility for Guests

All adult Gold Members are entitled to invite Member Guests to the Club provided that they are accompanied at all times by the introducing Member and such Member is in good standing. The Member extending the invitation to his/her Member Guests shall be responsible for their good behavior and the cost of services rendered to them by the Club. Refusal to assume responsibility shall subject the Member to suspension.

3.2 Registration

All Member Guests are required to be registered at Reception in the presence of the introducing Member or his/her family (where applicable) prior to accessing the Club Facility.

3.3 Limitation on Guests

There is a limit of 6 (six) Guest Passes (for an Individual adult Member) or 12 Guest Passes (for a Family) per quarter that may be given out by a Gold Member, although this limit may be varied at the discretion of the Operator or Management.

The Operator may vary the rights to and frequency of admission of Member Guests and restrict them from all or any of the Club Facility or other areas at such times as it deems fit in order to protect the enjoyment of Members.

Those passes, recorded in the Membership database of the Club, must be obtained from the Member Services desk by the Member in

person; any request by email, by phone or in writing to issue one or more guest passes to a Member’s guest will not be accepted by the Operator, except in exceptional circumstances where the Operator may choose to use its discretion.

Once all six guest passes have been used up in a given quarter, the Member) who wishes to bring more guests to the Club will need to purchase for his/her guest(s) Day Pass(es) at the price applicable on that day. Unused guest passes cannot be rolled over to the next quarter.

Unused guest passes cannot be rolled over to the next quarter.

3.4 Admission Charge

There is no charge payable by a Member Guest for admission but usage of some areas of the Club Facility by a Member Guest will be subject to any prevailing charges as set by the Operator from time to time. Member Guests cannot enjoy the discounts and benefits given to the Gold Members.

3.5 Application of Rules & Regulations

All Rules & Regulations apply to Member and Guests.

4. PAYMENT OF FEES

4.1 Membership Joining Fees

Joining Fees are payable upon application for and approval of Membership by the Operator represented by its Membership Director.

Payments may be made by way of cash, credit card or by direct bank transfer in which case proof of transfer will need to be provided for easy reconciliation and before membership cards can be issued.

4.2 Membership Subscription Charges

The Club shall from time to time notify each Member of the amount due, due date and manner in respect of which Membership Dues applicable to such Member are payable and any changes thereto.

Each Member shall pay Membership Dues specified to be payable by such Member as published and/or invoiced by the Club from time to time.

Membership Dues will be reviewed by the Operator on 1st April every year, it can be increased annually as decided by the operator.

The Operator also has the right to increase Membership Dues with 1 (one) month notice.

Members are allowed to pay their Membership Dues in advance, for up to a maximum of 12 (twelve) consecutive months.

Should any such Dues pre-payment cover one or more months beyond 1st April, when the annual Dues increase will apply such amount will then be considered a credit balance and offset against the new increased Dues, as applicable after 1st April.

All Membership Dues and charges payable by a Member shall be independent and separate payments that may not be offset against any Joining Fee or other fee or charge payable to the Club by such Member.

4.3 Payment Procedures

Members shall settle their fees by bank transfer, cash or credit card payment.

4.4 Bank Transfer and Charges

In all cases when payment is made by bank transfer, such transfer must be referenced with the Member’s family name and membership number. When paying by bank transfer, Members must be aware that it may take several days before this payment is reconciled by the

Club’s accounting department and allocated to their individual Membership Account.

All amounts are due in full in the Club’s accounts with no deduction of bank charges.

4.5 Late Payment

An important element of the Club’s ability to maintain its financial integrity and operating efficiency for the benefit of all Members is prompt payment of outstanding amounts due to the Club as shown in account Statements. In order to satisfy this criterion, the following provisions apply to late payment:

• For an account outstanding in part or whole beyond the Due Date, an immediate surcharge of 2% per month will automatically apply to the outstanding amount due from the relevant Member, and access will be suspended.

• For an account outstanding in part or whole between one and six calendar months after the Due Date, a further surcharge of 2% per month, or part thereof, will automatically apply to the amount due from the relevant Member

• For an account outstanding, in part or whole more than 6 months after the Due Date, the relevant Member will be struck from the Membership roster with no refund of the Joining Fee and Membership may, solely at the discretion of the Operator, only be reactivated by settling any outstanding dues and charges and pay a Reinstatement Fee equal to 15% of the price of the type of membership involved.

Sanctions regarding Membership status are independent of the Club’s right to pursue action against current or previous Members for recovery of amounts due, even after membership is suspended or cancelled.

5. VIOLATIONS OF THE RULES AND REGULATIONS

5.1 The Operator’s right to suspend or expel

In the interests of the Club and its Members, violation of the Rules & Regulations, or any other causes or acts of a Member, the Member’s Family and Member Guests, which are prejudicial to the Club, or are disorderly, injurious or repugnant to the interests and objectives of the Club and/or its Members, may result in the offending Member or sponsoring Member being suspended or expelled from the Club.

5.2 Notice of Suspension

If it considers that a Member has carried out a gross violation of the Rules & Regulations, the Club may temporarily suspend the Membership of the Member forthwith by sending by way of registered post or by email (if the residential address is unknown or incomplete) a written notice of suspension to such Member at the address of the Member registered with the Club.

5.3 Suspension or expulsion process

Suspension or expulsion of a Member is a measure of last resort and will only be contemplated in cases of gross violation of these Rules & Regulations which shall include the following actions:

a) A Member conducts himself within the premises of the Club in any way injurious to the Club or contrary to the interests of the Club or unbecoming of a Member of the Club;

b) A Member defaults in payment of his/her account under the circumstances detailed in paragraph 4.5.c above;

c) A Member defaults consistently in timely payment of his/her account;

d) In the case of a Corporate Member, the owner of the Membership or persons employed by him/her willfully breach the Rules and Regulations relating to their Guests;

If the Resident Manager believes there is a case for suspending a Member or terminating a Membership for a violation of the Rules, he/she shall dispatch notice as set out in paragraph 5.2 above and inform the Operator who will meet with said Member within 14 days.

The Member who is subject to potential sanction, which may include prolonged but temporary suspension or expulsion, may make representations to the Operator whose decision on the matter will be final. An expelled Member is forever disqualified from applying for any kind of Membership of the Club or from being a guest or visitor at the Club.

5.4 Actions to be taken on suspension or expulsion

5.4.1 Suspension

A suspended Member (and his/her Family in the case of a Gold Membership) is prohibited from entering the Club or making use of the Club Facility or Club Rights, but remains liable for Membership Dues during the period of suspension.

A Corporate (Member may not transfer the membership of a corporate nominee during the period of a suspension of the latter.

5.4.2 Expulsion

An expelled Member (and his/her Family in the case of a Gold Membership) is prohibited from entering the Club or making use of the Club Facility or Club Rights. Ownership of the Membership of an expelled Member will immediately revert to the Club which will hold same in trust pending sale by the Club to a new Member at a price deemed to be reasonable in relation to the list price of new memberships.

Upon sale, the Club is entitled to deduct any monies due to the Club from the expelled Member, including a transfer fee of 15% of that membership’s current value plus any applicable taxes, and will then refund the remaining balance to the expelled Member. These provisions apply equally to expulsions of Corporate Members.

In the event of expulsion of a Corporate Nominee, the relevant Corporate Member may immediately appoint another Corporate Nominee and shall remain liable for all dues and charges incurred through such re-nomination process.

6. MANAGEMENT AND STAFF

6.1 Appointment

The day to day operations of the Club are performed by salaried managers and staff who report directly to the Club Manager. The Operator reserves the right to appoint a third party organization to act as Manager of the Club upon such terms, conditions and payments as the Operator deems fit.

6.2 Disciplining and complaints

Members may not confront or reprimand any staff. All complaints regarding any issue – including but not limited to membership, the condition & operation of the Club facility, staff, Club activities & events, or any other Club-related matter shall be made in writing, signed and addressed to the Club Manager. Issues relating directly to the Club Manager shall be detailed in writing, signed, addressed to the Operator, and handed to Reception.

7. GENERAL CONDITIONS:

a) Any Liquor supplied in the Bars or elsewhere in the club premises must be consumed within the time fixed for closing of Bar under

West Bengal Excise Act and Rules therein.

b) No person below 21 years of age will be served alcoholic beverages

c) All alcoholic beverages served by the club are meant for consumption within the Club premises in the designated are as per West Bengal Excise Act and Rule threin.

d) The Club timing shall be notified from time to time of the Club Notice Board or club websit, if any. The staff will be not be requested to remain beyond the scheduled hours nor will be Club or any part of it be kept open beyond the operating hours without approval of club management.

e) The Club and its facilities are restricted for the use by Club members and their guests only and rights of admission are reserved.

8. DISCLAIMER

The Club and/or the ECOHUB Club and/or the Operator and/or CEL shall not be responsible for any injury, death or illness or any loss or damage to property whatsoever/ howsoever caused, sustained or incurred out of, or in any way connected with the use, whether proper or otherwise, of any of the Club Facility, whether defective or otherwise. Specifically, it is an ongoing condition of Membership that Members:

a) understand that all sports and others recreational activities involve a certain amount of risk;

b) assume and accept all risks related to participation by them and their families in activities organized by the Club or undertaken in the Club Facility;

c) grant permission to the Operator, the Club, Management, Staff and the Club ECOHUB (collectively “CEH”) to act on their behalf according to their best judgment in any emergency affecting themselves and their Families which may occur whilst they are attending activities organized by CEL;

d) authorize CEH to arrange for them or their families to be administered such medical attention and to have them brought to a medical facility as deemed appropriate by CEL;

e) agree that all and any medical or hospitalization charges relating thereto will be entirely for their account and not be the responsibility of CEL;

f) specifically absolve CEL of any and all responsibility for personal accidents, injuries or damages sustained by them and their Families whilst in the Club Facility or during their participation in activities organized by CEL;

g) release CEL irrevocably from any and all personal and corporate liability claims;

h) take out insurance cover deemed by them to cover activities to be carried out by CEL in relation to them and their Families;

i) acknowledge that CEL is not obliged to and may not purchase insurance coverage in respect of personal accidents, injuries or damages sustained by them and their Families during activities supervised by CEH or carried out in the Club Facility.

j) indemnify CEL in full against all claims, losses, damages, costs and expenses which CEH may suffer or incur as a result of or in connection with the breach by such Member, his Spouse (if any) or guests of any of these Rules and Regulations, or any applicable rules or regulations in use in any manner at the Club, and each Member shall forthwith on demand pay in full to the Club and/or CEH as the case may be, such claims, losses, damages, costs and expenses.

The Operator shall be solely responsible for any provision of finance to the Club and for ensuring that at all times, the Club complies with all statutes, rules, regulations and governmental and regulatory requirements applicable to the operation and business of the Club.

9. DISPUTES

All disputes and differences are subject to the courts having Jurisdiction at Kolkata. The member shall be liable to pay the cost of collection of dues, legal expenses, decreetal amount with interest in the event of any legal action.