The Polo Fields Golf & Country Club Bylaws

(Effective December 2023)

Article I: Purpose of the Club

Polo Fields CC, LLC, dba The Polo Fields Golf and Country Club, (hereinafter referred to as the “Club”) is a Michigan Limited Liability Corporation whose purpose is to own and operate the Club for the recreation and benefit of its members, and their guests, and the general public.

Article II: Indemnification of Club Employees, Officers, Shareholders and Owners

Members and their guests shall defend, indemnify, and hold harmless any persons acting on behalf of the Club while in its employ, while as an officer of the Club, as a member of the Club, or as a shareholder or owner of the Club from any and all claims or suits arising from the conduct or actions of that member or his or her guests or other members.

Article III: Committees

The Club may appoint special committees from time to time as may be appropriate. These committees may act on behalf of the Club for purposes outlined in advance of the organization of the committee but, in no circumstance, commit the Club or its owners and/or members to any fiscal or legal commitment. Any and all fiscal and/or legal issues must be handled by the owners or General Manager with officer status.

Article IV: Memberships

Membership in the Club shall be divided into the classes of membership set forth in the Appendix to these bylaws. The Club may modify, eliminate, or create such classes of membership as it deems appropriate within its sole discretion. In such instances, the Appendix will be amended, but the body of these bylaws themselves will remain unchanged. A member’s use of the Club facilities shall be in accordance with these bylaws and the Rules and Regulations of the Club, and the member’s payment of dues and charges or the member’s use of the Club facilities constitutes an agreement between the member and the Club that the member is bound by these by-laws as they may be amended from time to time and the Rules and Regulations of the Club as they may be amended from time to time.

1. Qualifications for Membership

A “Member” of the Club shall mean any person approved and accepted under any of the designations provided herein and in the Appendix by Club Management or its authorized designee. The membership fee and qualifications for new members, and any and all facilities connected herewith, as well as rules and regulations governing the conduct of members and their guests, and providing generally for the operation of the Club, may be adopted, enforced, and amended from time to time at the Club’s sole discretion.

2. Classes of Membership

There shall be two (2) classes of memberships. These classes are designated as resident and non-resident. Resident members shall be those persons(s) who have purchased a lot or home in the Polo Fields residential development (“the development”) and who reside in the development.

3. Application for Membership

All membership applications shall be in the form prescribed by the Club and shall be signed by the applicant. The Club must approve all applicants. Approval shall be at the sole discretion of the Club and may require an investigation of criminal and financial history. All applicants hereby give the Club permission to investigate their criminal and financial history to the extent deemed appropriate by the Club including, obtaining an up-to-date criminal history and credit report. The Club is not required to undertake a criminal or financial history investigation but may choose to do so in its sole discretion. The Club may take up to thirty (30) days to accept or reject the applicant once the membership application, along with the payment of initiation fees, has been completed and submitted to the Club for action. It shall be the policy of the Club that all applicants will be judged solely on their merit as moral and responsible individuals without regard to race, color, national origin, religion, gender, familial status, sexual orientation, or disability.

4. Transfer of Membership

The transfer from one membership category to another is at the sole discretion of the Club and is subject to all applicable fees set forth by the Club.

In the event of a member’s death, his/her surviving spouse, upon approval of an application, if required by the Club, shall automatically succeed to all rights and privileges of such deceased member’s membership without payment of any transfer fee or other charge by reason of such transfer. However, all dues, charges, and assessments incurred before death shall be an obligation of the estate of the member or paid by the surviving spouse, if any, regardless of whether the spouse succeeds to the rights and privileges of the deceased member’s membership.

A membership is not divisible for any reason, including separation or divorce. In the event a member becomes separated or divorced, the membership shall be awarded to one of the spouses, to the exclusion of the other, as set forth in the written and executed separation agreement, temporary orders from the court, or final decree of divorce (collectively, the “Divorce Agreement”). The other spouse may apply for membership in the same manner as any new applicant for membership. In the event there is no divorce agreement, or if the divorce agreement does not award the membership to one spouse, the membership shall continue in the name of the spouse who is the member of record. The other spouse may apply for membership in the same manner as any new applicant for membership.

5. Assets of the Club

No member shall have any interest or claim or right or title to the assets or property of the Club. Membership in the Club is non-equity, right-to-use only, and merely entitles members to use the Club’s facilities subject to the rules and regulations adopted by the Club. If a / any member makes a donation of cash or things of value or no value, such person give the title of the same to the club and cannot be reversed.

6. Resignation of Membership

Any member wishing to resign his/her membership shall notify the Club in writing by January 1 or their membership will renew for the next season beginning April 1 of that calendar year. Subject to Article VI, Section 2, the membership season for the Club is April 1 to March 31. Resigning members will be required to pay all outstanding dues and charges in addition to dues through the 31st of March following the effective date of resignation. A member who resigns is not entitled to a return of any portion of his or her initiation fee.

The resignation of a member shall not relieve the member of all charges due up to the time of such resignation. In addition, the dues required to be paid through the following March 31st shall be payable when due by the resigning member. The Club may proceed to collect such dues, fees, and charges by any method available to it. The resigning member will be responsible for any cost incurred in the collection of his/her membership account, including actual costs and attorneys’ fees.

Members that resign may not use the Club facilities after the submission of the resignation letter, unless the entire dues for the remaining part of the membership till the following March 1st, is paid along with the resignation letter. The club may remove the charging capability of the member if the club has reason to believe such credit has a chance of not getting paid.

7. Designated Co-Habitants

Any member who is unmarried but resides with another unrelated adult over the age of twenty-one (21), may designate the person residing with the member as that member’s co-habitant. The member shall provide to the Club proof of the residency of the member and the co-habitant. The designated co-habitant shall have all the rights and responsibilities of a spouse of the member. Any children of the co-habitant shall be entitled to use of the Club facilities only if they reside with the member and co-habitant, are unmarried, are under the age of twenty-three (23), and are attending school full time, documentation of such eligibility is required. The co-habitant and the co-habitant children will only have use of the Club facilities if a spouse or children of the member would have use of Club facilities under the terms of the member’s membership category. The member shall be responsible for all charges and conduct of the co-habitant and the co-habitant’s children.

Article V: Privileges and Conduct of Guests and Family Members

1. Conduct of Guests and Family Members

Guests and family members must comply with the bylaws, rules, and regulations governing the conduct of members.

2. Responsibility for Guests and Family Members

Members shall be responsible for the conduct and deportment of members of his or her family and all guests whether or not the members are present, and members are subject to discipline for the conduct and deportment of their family members or guests. Members are responsible for all charges made by their family members and guests.

3. Registration of Guests

Members must register their guests at the applicable Club facility.

4. Accompanying of Guests

Members must accompany their guests whenever possible. In the event guests are not accompanied by a member, the guests must register with the Club’s management. Granting guest privileges is at the sole discretion of the Club management.

5. Club’s Discretion to Limit Guest Privileges

Guest privileges may be altered, denied, withdrawn, or revoked at the sole discretion of the Club. The Club may place limitations on the number of times a person may be designated as a guest with access to the Club’s facilities, or a portion of the facilities.

6. Guest Fees

The Club may charge fees for guests to use some or all of the Club’s facilities.

Article VI: Dues, Minimums, Fees, and Charges

1. Club Season and Timing of Payment of Dues, Minimum, Fees and Charges

The Club reserves the right to set and modify the type and amount of dues, minimums, charges, and fees as it deems appropriate in its sole discretion. Fees, dues, minimums, and charges may vary based on any factor, including, but not in any way limited, to category and class of membership. All bills for fees, dues, minimums, and charges shall be due and payable immediately upon receipt. Dues are calculated on an annual basis beginning April 1 and ending the following March 31. The entire dues are due and payable and charged on April 1st or when the membership is started. The member may opt to pay on an annual, monthly, or other basis depending on membership category. (See Membership Dues Sheets for Current Year.) The Club annually must approve, in its sole discretion, payment arrangements other than that set forth in this Article and /or membership dues sheets for the current year. Resignation of membership and payment of dues by resigning members is in accordance with Article IV Section 6 of these bylaws. All indebtedness owing to the Club by any member or his/her assignee shall be payable upon resignation or termination of membership.

2. Unavailability of Facilities

If facilities become unavailable due to fire, casualty, or similar occurrence whether or not beyond the Club’s control, the members shall continue to be liable for the timely payment of all dues, charges, and assessments.

Article VII: Delinquencies

1. Credit Cards on File

All members must always have a current and valid credit card acceptable to the Club on file with the Club with authorization for the Club to charge the card for dues and monthly statements consistent with the by-laws, rules, and regulations of the Club, and the authorization form executed by the member and held on file by the Club.

2. Statements

An itemized monthly statement of current charges shall be available to each member as soon as practical after the first of each month and shall become due and payable upon receipt. Payment of monthly statements may be by ACH debit or credit card. Failure to timely pay any amounts due to the club by the 5th of the month it is billed will result in the Club charging the amount owing to the credit card on file with the Club without regard to the method of payment selected by the member and subject to the conditions in Article VII paragraph 3. Credit card payments are subject to 3.5% credit card fee in addition to the actual bill.

3. Liens

If dues, or any indebtedness of a member of the Club, shall remain unpaid for five (5) days after billing, a late fee penalty in an amount set by the Club in addition to interest on the indebtedness at a rate set by the Club shall be due on the unpaid balance. A notice of the delinquency may be sent by first-class mail to such member. If delinquency continues for an additional fifteen (15) days after the expiration of the initial five (5) day period, the name of the delinquent member shall be distributed to all departments within the Club and may be posted on the Club bulletin board. Further credit and all Club privileges will be suspended until all amounts owed, including all late fees, are paid in full. In addition to all late fees, any costs incurred by the Club including actual costs and attorney fees, related in any way to the account delinquency will be levied on the member’s account.

Article VIII: Discipline

1. Discretion of Club to Discipline

The Club management shall have full authority and discretion to reprimand, fine, suspend, or terminate the membership of any member of the Club for the infraction of any bylaw, rule, or regulation governing the members, or for any conduct in the clubhouse or elsewhere on or off the Club premises which, in the sole judgment of the Club management, is inappropriate, improper, likely to endanger the welfare, safety or good reputation of the Club, may cast discredit upon such member and thereby upon the Club because of the member’s association with it, which otherwise injures the good name and reputation of the Club, otherwise exposes, or potentially exposes, the Club and its members, owners, and employees to public embarrassment, humiliation or liability, or is generally to the detriment of the Club or its membership at large.

2. Disciplinary Procedure

The Club shall attempt to give notice to the member such that the member be allowed to show why he or she should not be disciplined within ten (10) days of notification.

3. Suspension

The Club may suspend the members’ privileges for up to one year. Dues will accrue during suspension and must be paid in full before reinstatement.

4. Termination

If the Club elects to terminate the membership of a member, the Club shall have no obligation to repurchase the membership of the terminated member. Moreover, the terminated member will be responsible for the cost incurred by the Club to repair any damage or harm caused by the violation or misconduct.

5. Request for Resignation

The Club has the sole discretion to request the resignation of any member. If a member refuses to resign when requested to do so by the Club, the Club may proceed at its sole discretion to commence disciplinary procedures against the Member.

Article IX: Club Environment

Members must abide by all rules and regulations of the Club. Proper attire, decorum, and consideration of the rights and comforts of others must always be observed on the Club premises. The Club has a policy of “zero-tolerance” concerning unlawful harassment, sexual, racial, or otherwise of Club staff and members. Sexual and racial harassment includes, but is not limited to, unwelcome sexual advances, verbal, or physical conduct of a sexual, racial, or similarly offensive nature, sexually or racially offensive comments, jokes, innuendoes, and other sexually or racially oriented statements.

If a member becomes aware of a violation of these bylaws or the rules and regulations of the Club by another member, the member shall report the violation to the Club management as opposed to contacting the Club member in violation directly. The decision of the Club management, and the discipline taken or not taken, regarding the alleged violation is final and binding.

Article X: Amendments

The interpretation of these bylaws and the rules and regulations governing the Club and its facilities rests solely with the Club management, and these bylaws and the rules and regulations may be prospectively or retroactively amended or altered from time to time by the Club management or ownership, with or without notice to the members of the club. A member’s use of the Club facilities or payment of dues subsequent to any amendment of the bylaws or rules and regulations of the Club shall be a ratification, and agreement to be bound by, the amendment to the bylaws or rules and regulations.

Article XI: Binding Arbitration and Limitation on Legal Action and Claims

All claims, complaints, causes of action, and controversies which a member or a guest of a member may have or believe to have against the Club, or its employees, shareholders, and/or owners acting within the scope of their employment or ownership, are agreed to be mandatory and finally arbitrated under the rules of the American Arbitration Association, and such arbitration is statutorily final and binding arbitration without appeal under the Michigan statutes governing arbitration, and said arbitration shall be enforceable in any court of competent jurisdiction. The prevailing party shall be entitled to have costs and reasonable attorneys’ fees paid.

The limitation on any and all claims, complaints, rights, or causes of action brought by any member or a guest of any member against the Club, its employees, shareholders, and/or owners acting within the scope of their employment or ownership, shall be six months from the time the claim accrues until the petition for arbitration is filed, and when the six month period expires any such claims, complaints, rights or causes of action are forever barred. Members and their guests waive all claims against the Club seeking consequential or incidental damages of any type.

Article XII: Promotion

Various promotions are in place at different seasons and occasions. The club reserves the complete right to modify or change any promotion as needed, at its desertion.

Article XIII: Photography

The Polo Fields Golf & Country Club (PFGCC) reserves the right to use any photograph/video taken at any event sponsored by PFGCC, without the expressed written permission of those included within the photograph/video. PFGCC may use the photograph/video in publications or other media material produced, used, or contracted by PFGCC including but not limited to brochures, invitations, books, newspapers, magazines, television, websites, etc.
To ensure the privacy of individuals and children, images will not be identified using full names or personal identifying information without written approval from the photographed subject, parent, or legal guardian.
A person attending a PFGCC event who does not wish to have their image recorded for distribution should make their wishes known to the event organizers, and/or contact PFGCC at 734-998-1555 or 5200 Polo Fields Dr. Ann Arbor, MI 48103 in writing of his/her intentions and include a photograph. PFGCC will use the photo for identification purposes and will hold it in confidence.
By participating in a PFGCC event or by failing to notify PFGCC, in writing, your desire to not have your photograph used by PFGCC, you are agreeing to release, defend, hold harmless, and indemnify PFGCC from any and all claims involving the use of your picture or likeness.
Any person or organization not affiliated with PFGCC may not use, copy, alter, or modify PFGCC photographs, graphics, videography, or other, similar reproductions or recordings without the advance written permission of an authorized designee from PFGCC.

 

THE POLO FIELDS GOLF & COUNTRY CLUB
APPENDIX

Current Membership Categories

The following are the current membership categories of the Polo Fields Golf and Country Clubs--Ann Arbor the (Club”) as referenced in Article IV of the Bylaws. Pursuant to Article IV of the Bylaws, the Club may modify, eliminate, or create such classes of membership as it deems appropriate within its sole discretion. When changes to current membership categories are made, a copy of the revised Appendix will be maintained in the offices of the Club at the Polo Fields—Ann Arbor Facilities at 5200 Polo Fields Drive, Scio Township. The Club, at its sole discretion, may distribute copies of the revised Appendix to the Membership, or provide copies upon request to a Member. This Appendix replaces the Appendix dated April 2016.

Full Golf Membership—Family*
This membership at the Club includes privileges for the member and spouse, and unmarried children under the age of twenty-three (23) who are living at home and attending school full time, documentation of such eligibility is required when requested by the Club. A Full Golf Membership includes unlimited use of the golf courses, clubhouses, and related facilities, with applicable fees for golf carts, bag storage, practice ranges, lockers, pool, fitness center, private meeting rooms, and guests. This membership has a required Food & Beverage Minimum that may be revised from time to time. Full Golf Members have 7-day advance tee times. The Pool and Fitness center is not included in this membership but may be added for a fee.

Full Golf Membership—Individual*
This membership at the Club includes privileges for the member and family. The Individual Full Golf Member has unlimited use of the golf courses, clubhouses, and related facilities, with applicable fees for golf carts, lockers, bag storage, practice ranges, private meeting rooms, and guests. An Individual full Golf Membership also permits their spouse and unmarried children under the age of twenty-three (23) who are living at home and attending school full-time to have access to the clubhouse and related facilities, with the exception of the golf course and practice facilities, without the member being present. This membership has a required Food & Beverage Minimum that may be revised from time to time. Individual Full Golf Members have 7-day advance tee times. The Pool and Fitness center is not included in this membership but may be added for a fee.

*Senior Golf Membership at The Club includes pricing for members aged 67 and above.
*Full Golf Membership at The Club includes pricing for members aged 50 - 66.
*Intermediate Golf Membership at The Club includes pricing for members aged 40 - 49.
*Junior Golf Membership I at The Club includes pricing for members aged 18 - 29.
*Junior Golf Membership II at The Club includes pricing for members aged 30 - 39
Legacy Golf Membership Available to Children or Grandchildren ages 18 to 35 of Full Members or Senior Members.
High School Golf Membership Available to High School Students. Students must be enrolled in High School.
College Student Golf Membership is Available to College Students up to age 22.

Business Membership
This membership at the Club includes privileges for member-specified designees (A minimum of three (3) and up to ten (10) designees) to utilize the golf courses Tuesday through Friday at the business guest rate for themselves and up to three (3) guests for each round of play as well as access to the practice facilities before their round. Dining rooms can be utilized Tuesday through Sunday. Applicable fees for greens fees, golf carts, lockers, bag storage, practice ranges, private meeting rooms, and guests will apply. This Membership has a required Food & Beverage Minimum that may be revised from time to time. Tee times may be made 5 days in advance.
The following privileges are not included: Weekend golf, Pool Access, Fitness Room Access
Participation in Club Tournaments (When pre-approved by the Head Professional)

Business Membership (Family Option)
The Family Option to the Business Membership at the Club with existing regular Business Memberships includes privileges for spouse and children under the age of twenty-three and living at home and attending school full time. Documentation of the eligibility of the spouse and children is required when requested by the Club. This membership may utilize the clubhouse Tuesday through Sunday. The golf course may be utilized Tuesday through Friday and allows a maximum of ten (10) weekend starting times per year (Weekends after 12:00 pm at the Head Professionals discretion). Applicable fees for greens fees, golf carts, lockers, bag storage, practice ranges, private meeting rooms, and guests will apply. This membership has a required Food & Beverage Minimum that may be revised from time to time. Tee times may be made 5 days in advance. The Pool and Fitness center is not included in this membership but may be added for a fee.
Participation in Club Tournaments (When pre-approved by the Head Professional)

Social Membership
This membership at the Club includes privileges for the member and spouse, and their unmarried children under the age of twenty-three (23) who are living at home and attending school full-time, documentation of such eligibility is required when requested by The Club. A Social Membership includes the unlimited use of the clubhouses and related facilities with the exception of the golf course and practice facilities. A Social Membership allows SIX tee times per year at the current escorted guest rates. This membership has a required Food & Beverage Minimum that may be revised from time to time. The Pool and Fitness center is not included in this membership but may be added for a fee.

Dining Only Membership
This membership is for dining in the Restaurant and does not include invitations to any social events or access to golf or other club facilities. This membership has a required Food & Beverage Minimum that may be revised from time to time.