KALISPEL GOLF AND COUNTRY CLUB MEMBERSHIP AGREEMENT I. MEMBERSHIP CATEGORIES, PRIVILEGES, AND PRICING

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1 KALISPEL GOLF AND COUNTRY CLUB MEMBERSHIP AGREEMENT This Membership Agreement, including the Club Rules and Code of Conduct, and Complaint Procedures describes the rights and obligations of the undersigned ( Membership, whether one or more) to the Kalispel Golf and Country Club ( KGCC ) and is entered into this day of, (the Effective Date ) by and between the KGCC, an enterprise of the Kalispel Tribe of Indians, a federally recognized Indian tribe, and. Membership Category Selected:. I. MEMBERSHIP CATEGORIES, PRIVILEGES, AND PRICING Individual Initiation Fee $3,000 Annual Dues $5,100 (Monthly $425) Unlimited golf Spouse and dependent children 20 years of age and under afforded Social Membership privileges

2 Family Initiation Fee $3,000 Annual Dues $5,700 (Monthly $475) Unlimited golf Includes spouse, dependent children 20 years of age and under and grandchildren 17 years of age and under Young Executive Individual (ages 21 through 39) Initiation Fee $2,000 Annual Dues $3,900 (Monthly $325) Unlimited golf Spouse and dependent children 20 years of age and under afforded Social Membership privileges

3 Young Executive Family (Primary Member aged 21 through 39) Initiation Fee $2,000 Annual Dues $4,500 (Monthly Equivalent Dues $375) Unlimited golf Includes spouse and dependent children 20 years of age and under Corporate See Initiation Fees and Annual Dues below. Amounts listed are per member. Corporate Memberships include Family Membership privileges. Unlimited golf Complimentary meeting space - some restrictions may apply

4 Membership Initiation Fee Annual Dues Monthly 1st $5,000 $5,700 $475 2nd $3,000 $5,400 $450 3rd $2,700 $5,100 $425 4th $2,450 $4,800 $400 5th $2,200 $4,500 $375 Corporate memberships are transferable to other employees of the organization. Dues for each additional membership will be reduced based on the chart above. For example, if two corporate memberships are under one account, the first will pay $5,700 and the second will pay $5,400 in annual dues, plus applicable initiation fees. Transfer of the membership is limited to one per calendar year. The organization will remain responsible for all charges and fees accrued by the individual granted the Corporate Membership status for the respective organization. Non-Resident Eligibility will be based on member living outside of sixty (60) linear miles Initiation Fee $500 Annual Dues $1,440 (Monthly $120) Golf-limited to twelve rounds per calendar year After twelve rounds, each additional round for Non-Resident play is subject to the accompanied rate

5 Social No Initiation Fee Annual Dues $900 (Monthly $75) Access to Members Only areas Members Only social events Privileges for Primary Member 21 years of age and older, spouse and any dependent children 20 years of age or under Amenities Fee Membership will be assessed an Annual Amenities Fee for the unlimited use of the driving range, use of one dedicated half-size locker, and one set on-site club storage. The current Annual Amenities Fee is $285 and is due in addition to the annual membership fees. II. GENERAL TERMS AND CONDITIONS 1. Term. The Initial Term of this Agreement will commence on the Effective Date and will end 12 months after that date. The Agreement will automatically renew for successive 12 month Renewal Terms unless the Membership delivers to the Director of Golf Operations, written notice of its intent to not to renew 60 days prior to the expiration of the Initial Term or any subsequent Renewal Term, unless earlier terminated by the Tribe under the terms of this Agreement. 2. Amendment. The Tribe reserves the right to modify and impose new or additional terms and conditions to this Agreement at any time. The Tribe will provide written notice to the Primary Member of any such changes to the terms in accordance with terms in the Agreement with Notice provided by KGCC. If you do not accept such modifications or new or additional terms and

6 conditions, you may terminate this agreement upon written Notice to the Director of Golf Operations. Your failure to exercise your right to terminate this Agreement within 30 days after Notice of any modification or new or additional terms and conditions to this Agreement will constitute your acceptance of such changes to your Membership Agreement. You agree that the termination right provided in this section does not apply to health and emergency changes to the operation of the KGCC which may be implemented immediately by the Tribe (for example weather restrictions). 3. Sovereign Immunity. The Kalispel Golf and Country Club is under the jurisdiction of the Kalispel Tribe of Indians. This Agreement is governed by and shall be construed in accordance with Laws of the Kalispel Tribe with exclusive jurisdiction given to Kalispel Tribal Court. By entering into this Agreement with the Tribe you are consenting to this jurisdiction. It is further understood that the Kalispel Tribe enjoys sovereign immunity from suit and that nothing in this Agreement, nor any action by the KGCC, including, but not limited to, any action by its employees shall be deemed to be a waiver of the Kalispel Tribe's sovereign immunity from suit, which immunity is expressly asserted. 4. Indemnification. The Membership agrees to indemnify, defend and hold harmless the Tribe, including but not limited to any KGCC affiliate officers or employees against any third-party claim, action, loss demands, damages, expense or other liability (including without limitations, attorneys fees and expenses) incidental to or arising out of or relating to the acts or omissions of the Membership (including all members included in the membership Agreement) and Membership guests while using or occupying KGCC facilities. You understand that KGCC is not responsible for any damage caused by another member, non-member, or guest of KGCC. Membership assumes sole responsibility for his or her property and the property of all those included in the Membership Agreement and any of Membership s guests. The KGCC shall not be responsible for any loss or damage to any private property used or stored on the KGCC premises.

7 Membership agrees that the KGCC will not be responsible for any personal injuries or losses sustained by Membership while on KGCC premises or as a result of KGCC sponsored activities. Golf Carts: The Membership agrees to follow all Golf Cart Operation Rules. Use and control of a golf cart, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Each person understands and agrees that it is their responsibility to assess the hazards presented by the use of said equipment and agrees to be the ultimate judge as to whether any user can use the equipment without risk of harm to him/herself. Each person operating a golf cart on KGCC property, whether or not the golf cart is owned by the Tribe, does so at his or her own risk. Each person operating a golf cart is responsible for any and all bodily injury and property damage arising out of the operation of the golf cart, including without limitation, injury to himself or herself, passengers, and any and all others, and for damage to the cart and other property, and agrees to indemnify, defend, and hold harmless the KGCC against all loss, claims or expenses resulting from operation of said golf cart. Members who wish to use, or store, golf carts not owned by the Tribe on KGCC property must obtain approval by the KGCC prior to doing so. A separate agreement may be required as nothing in this agreement authorizes said use or storage. Membership that receives prior approval to operate golf carts not owned by the Tribe on KGCC property or to store said carts agrees to purchase and maintain liability insurance coverage for claims arising out of the operation and/or storage of a golf cart by the Member with limits of liability of at least $250,000 per occurrence and to provide a copy to the Director of Golf Operations upon request. 5. Principles. Membership shall treat each other and all other people with dignity and respect. Membership agrees to follow and to be bound by the rules of golf, the KGCC Club Rules, the KGCC Code of Conduct, and the Complaint Procedures. Membership shall avoid conduct that demeans, harasses, or threatens any person, be it another member, a guest or staff. This principle prohibits any Membership from physically or verbally abusing

8 another person; from using profane language or vulgar gestures; from demeaning or belittling another person or making derogatory comments about his or her tribal affiliation, race, sex, religion, age, physical challenges, national origin, or sexual orientation; and from engaging in conduct intended, or so reckless as to be likely, to cause harm to another. 6. Initiation Fee. A non-refundable initiation fee of is required. The initiation fee shall be paid in full upon acceptance of membership. The initiation fee does not provide a member any ownership control of the KGCC in any way. No additional rights, privileges, nor benefits should be inferred or expected except for those expressly stated herein. 7. Annual Dues Payment Options Payment in full Payment in the amount of must be received by. *members who elect to pay annual dues in full will receive a 2% discount on fees. Quarterly payments Initial payment in the amount of must be received by. Membership will then be billed quarterly and shall submit payment in the amount of each quarter. *members who elect to pay quarterly dues will receive a 1% discount on fees. Monthly payments Initial payment in the amount of is due by. Membership will then be billed monthly. Membership that elects to pay Annual Dues through electronic deduction from the Membership s checking account or by electronic charges against the Member s designated credit card can expect such Annual Dues to be deducted or charged to the above selected schedule no later than the 15th day of the month.

9 8. Amenities Fees. Payment of annual Amenities Fees is due at the time of acceptance of Membership in the KGCC and at the beginning of each Renewal Term. 9. Monthly Charges and Financial Obligations. The Primary Member listed on the Membership Application acknowledges, represents, accepts and understand that the Primary Member is personally liable and responsible for all financial obligations relating to all those included in the Membership and any guests. Membership will be billed monthly for the prior month s charges made to their account. Payment is due within 15 days from the bill date. Membership that has elected to pay through electronic deduction from the Membership s checking account or by electronic charges against the Membership s designated credit card can expect charges to be deducted or charged no later than the 15th day of the month. 10. Dishonored Check or Draft/Expired Credit Card. If any payment of dues or other charges is not made on time, the KGCC will charge the Membership s designated credit card. A Membership account that is 30 days past due may result in loss of benefits until the account is brought current, additionally the KGCC reserves the right to terminate Membership privileges. Membership agrees to pay all costs incurred to enforce collection including, but not limited to, attorney s fees and administrative costs. Additionally, for each check or draft for outstanding balances payable to the KGCC not honored, the Club will assess a $25 service charge. 11. Membership Cancellation. Notice of cancellation shall be in writing and sent by certified mail to the KGCC at least sixty (60) calendar days prior to the Annual Renewal Date, in which case the Membership Agreement will terminate at the end of the current term. Notice of cancellation shall be sent to Kalispel Golf and Country Club, 2010 West Waikiki Road Spokane, Washington Attention: Membership.

10 12. Severability. In the event that any provision of this Agreement is held unenforceable for any reason, the remaining provisions of the Agreement shall remain in full force and effect. 13. Entire Agreement. This Agreement, including the Club Rules, Code of Conduct, and Complaint Procedures, constitutes the entire agreement between the Parties, and supersedes any previous contracts, understandings, or agreement of the Parties whether verbal or written concerning the subject matter of this Agreement. Membership: BY SIGNING BELOW, YOU, THE PRIMARY MEMBER, CERTIFY THAT YOU HAVE READ THIS AGREEMENT, INCLUDING THE CLUB RULES, CODE OF CONDUCT, AND COMPLAINT PROCEDURES, THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF EVERYONE LISTED IN THE MEMBERSHIP APPLICATION/AGREEMENT, AND THAT YOU CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS. By: Its: Primary Member Date: Kalispel Golf and Country Club: By: Its: Date: