TGC Terms and Conditions-Bylaws
Tecumseh Golf Club Bylaws
(Effective January 1, 2024)
Article I: Purpose of the Club
Tecumseh Golf Club, LLC, (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, 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 golf and social memberships.
3. Application for Membership
All membership applications shall be in the form prescribed by the Club and shall be agreed to 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 gives 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 Ninety (90) days before their membership expires or their membership will be renewed for another year. Subject to Article VI, Section 2, Resigning members will be required to pay all outstanding dues and charges in addition to dues through the end of the membership 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 end of their membership 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 are 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 when membership is started. The member may opt to pay on an annual, monthly, or other basis depending on membership category. (See Membership Dues on the Club website.) 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. ACH Payments that are rejected will be billed a fee for non-sufficient funds.
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
Tecumseh Golf Club (TGC) reserves the right to use any photograph/video taken at any event sponsored by TGC, without the expressed written permission of those included within the photograph/video. TGC may use the photograph/video in publications or other media material produced, used, or contracted by TGC 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 TGC event who does not wish to have their image recorded for distribution should make their wishes known to the event organizers, and/or contact TGC at info@tecumsehgolfclub.com 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 TGC event or by failing to notify TGC, in writing, your desire to not have your photograph used by TGC, you are agreeing to release, defend, hold harmless, and indemnify TGC from any and all claims involving the use of your picture or likeness.
Any person or organization not affiliated with TGC may not use, copy, alter, or modify TGC photographs, graphics, videography, or other, similar reproductions or recordings without the advance written permission of an authorized designee from TGC.
Tecumseh Golf Club
APPENDIX
Current Membership Categories
The current membership categories of the Tecumseh Golf Club (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, the changes will be posted on the Club website.