Wild Escapes Home

ANNEXURE “C” TO THE MEMBERSHIP AGREEMENT

Name

The name of the Club is Wild Escapes Club.

Legal nature of the Club

The Club is an association not for gain, capable of owning its own property and of suing and being sued in its own name and having perpetual succession, and is therefore a common law body corporate.

Objects

The objects of the Club are to reserve units at venues for the exclusive use and enjoyment of its members.

Powers

The powers of the club, which shall be exercised by the trustees, are to perform any legal acts which a natural person of full legal capacity can perform, including the entering into of any agreements or transactions of any kind, whether of a commercial nature or otherwise, subject only to the exclusion of certain powers as set out herein. The Club also has all the powers necessary and/or incidental to the achievement of its objects.

Funds

The Club shall obtain funds inter alia from membership fees for membership and the collection of user charges or administration fees. Club funds may be used to reserve units and venue, and to pay the costs and running expenses of the club, which includes reasonable payment to trustees, employees and agents. Funds may be invested and accumulated for future use, but no portion of the funds or assets of the Club may be transferred by way of profit or dividend to any person. Any surplus funds will be carried over towards the funding requirements of the following year.

Membership

6.1.

There shall be founder members and ordinary members.

6.2.

The founder members is the signatory hereto.

6.3.

Founder members may transfer their rights.

6.4.

Applicants for membership shall only become members upon written acceptance of their application for membership, and registration of their membership in the register of members by the Trustees. In the event of any reconstruction, arrangement, or amalgamation with any other body or Club, the trustees may unanimously authorise other methods of accepting persons to
membership.

6.5.

All members are bound by the Club Constitution and any amendment thereof, including the Club Rules and other documents referred to herein which shall be deemed to form part of this constitution.

6.6.

A register of members shall be kept, and any extract therefrom certified by any trustees or nominee of the Managing Agent shall be prima facie proof of the correctness thereof.

6.7.

If a juristic person becomes a member, it shall nominate a natural person as its representative who shall have the right to exercise its rights and who shall be liable, jointly and severally, as surety and co-principal debtor for the obligations of the member. In the absence of such express nomination, which must be acceptable to the trustees, the person who signs the application on behalf of such juristic person shall be deemed to be so nominated.

6.8.

Membership may be transferred and passes to the estate of the member, subject to payment of all outstanding subscriptions and other dues, whether otherwise due and payable or not, and subject to the discretionary consent of the trustees.

Trustees

7.1.

The affairs of the Club shall be controlled by the trustees, of whom there shall be at least three.

7.2.

The Trustees shall be:-

7.2.1

A nominee of Occupancy Solutions CC;

7.2.2

An Attorney;.

7.2.3

An Accountant.

7.3

The trustees shall not be required to give security to the Master of the Supreme Court or to any other person for the dueperformance of their duties

ANNEXURE “B” TO THE MEMBERSHIP AGREEMENT

7.4.

Any act/s performed by the trustees in the name of and on behalf of the Club shall be valid and binding on the club.

7.5.

The trustees are indemnified by the Club against any claim arising from any loss resulting from the bona fide exercise of their powers.

7.6.

At every annual general meeting all the trustees shall retire, but shall all be eligible for re-election, subject to 7.2.

7.7.

Any casual vacancy shall be filled by a person as appointed by the remaining trustees.

7.8.

If ever there are no trustees, the Managing Agent or auditors shall convene a special general meeting for the purpose of electing trustees. If no such meeting is called within 10 days of a written request by any member, any member may convene such a meeting and the Club shall repay the reasonable costs relating thereto.

7.9.

Any trustee may nominate an alternate, who must be reasonably acceptable to the other trustees, to act in his stead during his absence.

7.10

A trustee shall cease to hold office if he dies, resigns, is sequestrated, declared unfit to be a director of a company, or if a special resolution is passed dismissing him.

7.11

The Trustee shall be paid a reasonable remuneration for their services, which shall be approved annually at the annual general meeting under the financial report and budget vote.

7.12

The trustees shall determine the procedure at and relating to their meetings, provided that a quorum shall be two, one of which shall be the nominee of the founding member, and the chairman shall have a casting vote to avoid deadlock.

7.13

Any resolution signed by all the trustees, even if at different times and at different places shall be as valid and effective as a resolution passed at a meeting duly called.

7.14

If any law requires a management association the board of trustees shall be the management association representing members.

Powers of trustees

The powers of the trustees include but shall not be limited to, the following:

8.1

To invest and apply Club funds as they deem in the best interests of the club.

8.2

To acquire holiday property.

8.3

To alienate and encumber the assets of the Club, and to borrow money.

8.4

To delegate their powers or any of them, except the power to borrow money or to alienate or encumber holiday property.

8.5

To enter into any agreement or arrangement of any kind, with any body or person, whether in the holiday industry or otherwise.

8.6

To determine and amend the Club Rules from time to time.

8.7

To establish a user charge fund and determine what amounts and on what basis the members shall contribute to it.

8.8

To bring or defend any legal or other proceedings.

8.9

To increase the number of trustees, and to co-opt additional trustees until the next general meeting.

8.10

To determine the number of units and/or weeks required by the Club for the benefit of members.

8.11

To authorise the use of a shortened name of the Club, or any alternative trading name, for purposes of marketing, banking and otherwise.

8.12

To authorise the release and use of funds.

8.13

To determine the membership fees for membership from time to time.

8.14

To pay the establishment costs.

8.15

To appoint an honorary patron or president or other such titular head as they may decide.

8.16

To invite the Minister of Trade and Industry, or such other authority as may be charged with consumer protection, to nominate a person who shall be appointed as an additional trustee.

8.17

To engage the services of professional people, agents, and brokers and pay their fees and remuneration.

8.18

To appoint a Managing Agent or agents on such terms as they approve.

8.19

To operate banking and similar accounts.

8.20

To exercise the votes of any members who are not present in person or by proxy at any meeting.

8.21

To enter into any agreement with any other time-share scheme, for the purposes of exchanging units.

Accounts

Proper books and records shall be kept relating to the affairs of the club, which shall be audited annually.

10.

Disclosure and right to inspect record.

10.1.

Members shall be entitled to full disclosures of the affairs of the Club at any general meeting.

10.2.

Any member may at any reasonable time and for any bona fide reason inspect the books and records of the Club, including the audited financial statements and approved budgets, with or without a professional representative. If the trustees or Managing Agent is not satisfied as to the bona fides of the request, permission may be refused, in which event the dispute may be adjudicated upon.

10.3

In order to protect the confidentiality of the Club's affairs, members may not make or receive copies of the books and records, except for bona fide judicial purposes.

11.

Members accommodation rights

Members are entitled to the use of the Club's property portfolio thirty (30) days after being accepted as a member of the Club, but not earlier than the effective date and such use shall be in terms of and subject to the Club Constitution and Club Rules.

12.

Release of funds

Membership fees by members shall be held in a specially designated account for that purpose until the trustees consent to the release thereof. In deciding whether to consent, the trustees shall have regard to the total rights of members to use units reserved for the members at the venues and the portfolio of available units and whether the said portfolio is sufficient to satisfy the member’s rights of use, but disregarding time or location preferences. If the trustees are not satisfied that the rights can be met, they shall only consent to the release of such funds for the purpose of acquiring further units.

13.

Contracts with club

Any member, founder member or trustee may enter into any contract with the Club and/or perform professional services for reward.

14.

Members meetings

14.1.

Within one (1) month of the completion of the audited financial statements of the Club, the trustees shall call an Annual General Meeting to:

14.1.1

Receive a Report from the Chairman of the Board of Trustees.

14.1.2

Approve the Minutes of the previous Annual General Meeting.

14.1.3

Consider the audited Annual Financial Statements for the previous year.

14.1.4

Appoint auditors for the ensuing year and to approve the auditors’ remuneration.

14.1.5

Receive a Report from the Managing Agent.

14.1.6

Determine and approve Trustees' remuneration, if any.

14.1.7

Determine the number of Trustees to hold office for the ensuing year.

14.1.8

Appoint Trustees for the ensuing year.

14.1.9

Consider any other business that the Trustees may consider necessary.

14.2

Meetings shall be held at such places as the trustees shall nominate, failing which they shall be at the main offices of the Club.

14.3

Special general meetings may be called at any time by the trustees, and shall be so called on the request of a fully paid up member, provided that he submits a petition for such a meeting signed by 20 paid up members. In such event the member calling for the meeting shall be liable to pay in advance to the Club the reasonable costs of convening such meeting, as shall be determined by the trustees, and at the meeting a resolution will be put to the vote on the question of whether the Club shall reimburse such costs.

14.4

At least twenty-one days written notice shall be given of all general meetings, including the content of any special resolutions which will be proposed.

14.5

The members present in person or by proxy at the appointed place and time shall constitute a quorum.

14.6

The chairman of the board of trustees shall preside as chairman at all meetings. In his absence, the trustees present shall nominate one of them as chairman. If no trustee is present the Managing Agent shall nominate a chairman, and failing that the persons present may elect a chairman.

14.7

A special resolution shall be required

14.7.1

to amend the Club Constitution.

14.7.2

to dismiss a trustee.

14.7.3

to dispose of the major portion of the Club's assets.

14.7.4

to terminate the Club.

14.8

A special resolution requires the supporting votes of 75% of the members. If within half an hour after the time appointed for the meeting insufficient members are present to vote on a special resolution, the meeting shall stand adjourned to a day not earlier than seven (7) days and not later than twenty one (21) days after the date of the meeting and at that meeting, a special resolution shall require the supporting vote of 75% of the members present at the meeting in person or by proxy and 75% of the founder members present at the meeting in person or by proxy. In the event of the meeting being adjourned as aforesaid, the Club shall, upon a date not later than three (3) days after the adjournment, send a written notice to each member of the Club stating:

14.8.1

The date, time and place to which the meeting has been adjourned;

14.8.2

Matter before the meeting when it was adjourned;

14.8.3

The grounds for the adjournment.

14.9

Resolutions shall be determined by a show of hands unless a poll is demanded, in which event every fully paid up membership point shall represent one vote provided that the member in question is not in arrears of any obligation to the Club.

14.10

In the case of joint members, the person whose name appears first in the register shall have a vote.

14.11

No member who is in default of payment of any membership fee to the Club shall be entitled to vote at a meeting of the Club.

14.12

A member may be represented at any meeting by a proxy, who need not be a member, but who may not be a person whose interests are opposed to the Club or who, in the opinion of the chairman, has ulterior motives or interests. The form of proxy must be in the approved form which shall be annexed to the notice convening the meeting, and shall only be recognised if it is delivered to the trustees or Managing Agent at least 48 hours before the start of the meeting. In the absence of express written instructions as to how the proxy should vote, he may vote in his discretion after considering what is said at the meeting.

15.

Managing agent

15.1

The terms of appointment and remuneration shall be determined by the trustees.

15.2

The Managing Agent shall require the written approval of the trustees to borrow money or to authorise the release of funds held in trust.

16.

Termination

16.1

The Club may be terminated by special resolution or by a winding up order by a Court of competent jurisdiction.

16.2

Upon the termination of the club, the net assets, if any, remaining after payment of all debts and costs of winding up shall be distributed to the members in proportion to the membership fee paid in advance to the Club.

17.

Rights of Use

As part of the Club Rules, the trustees may from time to time create different rights of use of units.

18.

Miscellaneous

18.1

All members shall be bound by the Club Constitution and any documents created under the powers of the Club Constitution, including the Club Rules, and also any amendments thereof.

18.2

All membership fees (and/or payments for points) shall form part of the capital of the club, and no member shall under any circumstances be entitled to a refund of his membership fees or the return of anything else, unless the trustees in their discretion consent thereto. The rights of the members are limited to their rights as determined by this Club Constitution.

18.3

A certificate purporting to be signed by any trustee or any officer of the Managing Agent, certifying any obligation by any member to the Club and/or any fact relating to the Club and/or a member shall be prima facie proof of the content thereof in any proceedings.

18.4

In the Club Constitution or any other document issued by the Club, unless inconsistent with or otherwise indicated by the context, defined words have the meaning ascribed to them in the Club Constitution. Any reference to the singular includes the plural and vice versa. Any reference to a gender includes the other genders. Where appropriate, meanings ascribed to defined words and expressions shall impose substantive obligations on the parties. Headings have been inserted for convenience only and shall not be taken into account in interpretation. Words and expressions defined in any sub-clause shall, for the purposes of the clause of which that sub-clause forms part, bear the meaning assigned to such words and expressions in that sub-clause. The Club Constitution shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.

18.5

The member chooses the address appearing in the records of the Club as his domicilium citandi et executandi for all purposes arising out of or in connection with the membership or Club Constitution, at which addresses all processes and notices arising out of or in connection with the membership or Club Constitution may validly be served. Any notice given in terms of the Club Constitution shall be in writing and shall: If delivered by hand be deemed to have been duly received by the addressee on the date of delivery; if posted by prepaid registered post be deemed to have been received by the addressee on the 4th (fourth) day following the date of such posting; if given by telegram be deemed to have been received by the addressee 1 (one) day after despatch; if transmitted by telex of facsimile be deemed to have been received by the addressee 1 (one) day after despatch. Notwithstanding anything to the contrary contained in this agreement, a written notice or communication actually received by the member or the Club including by way of telex or facsimile transmission shall be adequate written notice or communication to such party.

18.6

The Club Constitution constitutes the entire legal relationship between the Club and the member who acknowledges that he has not been induced to subscribe for membership or become a member by any representation or warranty or conduct or promise not set out in the Club Constitution, and that there have been no other representations or warranties or conduct or promises, that he knows that he is entitled to ask to inspect various documents and that the Club is willing to allow such inspection, and that he has had or waived access to all relevant information and documents, and that there are no oral collateral agreements and no understandings not set out in the Club Constitution. The content of any promotional material, whether in writing or otherwise, shall not constitute and did not constitute any representations or promises or obligations by the club, but constitutes at most a statement of intent and/or unauthorised sales talk without imposing any substantive obligations on the club.

18.7

18.7.1

In the event that a dispute between the parties is not resolved by negotiation then it shall be resolved by arbitration.

18.7.2

The arbitrator shall be appointed by agreement between the parties but failing agreement shall be appointed by AFSA.

18.7.3

The rules of arbitration shall be set out in annexure “CON1” supplemented where necessary on the award of the arbitrator at the instance of a party by the rules of AFSA.

18.7.4

The award of the arbitrator shall be final and binding on the parties.

18.7.5

No waiver of any right arising from the Club Constitution or the members’ membership shall be of any force or effect unless reduced to writing and signed by all the trustees.

18.7.6

All debts by members to the Club bear interest at the maximum rate allowed by law. The trustees may, in their discretion, charge lower rates. The rate of interest applicable to any member or obligation shall be proved by a certificate as provided for selsewhere herein.

18.7.7

No latitude, extension of time or other indulgence which may be given or allowed by the Club to any member in respect of the performance of any obligation hereunder or the enforcement of any right arising from the Club Constitution and/or the membership in question and no single or partial exercise of any right by the Club shall under any circumstances be construed to be an implied consent or operate as a waiver or a notation of, or otherwise affect any of the rights of the Club or stop the Club from enforcing, at any time and without notice, strict and punctual compliance with each and every obligation of the member.

18.7.8

Each of the clauses and sub-clauses contained in the Club Constitution shall, notwithstanding that they have been grouped together or linked grammatically, be separate, divisible and severable from each other so that, if any such clause or sub-clause is or becomes unenforceable for any reason whatsoever, then that clause or sub-clause shall be severable and shall not affect the validity or any other clause or sub-clause contained in this constitution.

18.7.9

The Club Constitution shall be binding upon the Club and the members, and their successors in title, administration and heirs.

19.

Definitions

Establishment Costs:	The reasonable costs and expenses including professional fees and retainers, relating to the establishment of the Club.
Accountant:	Any person registered with any professional body as an accountant or as a chartered secretary.
Attorney:	Any person enrolled as any attorney and registered as such with a recognised law society.
Owner:	The owner of a venue which has irrevocably reserved units for exclusive use by members of the Club in terms of an agreement with the Managing Agent.
Unit:	A self catering unit at a venue, reserved in advance for exclusive use by members of the Club for a minimum period of five years.
Venues:	A venue owned or controlled by the Owner at which a unit is situated.
Members:	Ordinary members.
Club rules:	Such rules as shall be determined by the trustees from time to time relating inter alia to the points system, the rights attaching to various classes of points, user charges, contributions to be paid by members toward the expenses of the club, reservations, special offers, guest certificates, occupation rules and related matters affecting the day to day running of the Club and the achievement of its objects.
AFSA:	The Arbitration Foundation of Southern Africa but failing its existence, or ability to act, any other entity whose object is to facilitate or conduct arbitration.

RULES OF ARBITRATION

The arbitrator shall be appointed by agreement between the parties but failing agreement shall be appointed by AFSA on the application of either party.

These rules of arbitration may be supplemented where necessary (by agreement between the parties or on the award of the arbitrator made at the instance of party) by rules of AFSA.

The party alleging a breach or dispute shall do so in writing and deliver a copy to the arbitrator and to the other party.

The party against whom the allegation is made shall respond in writing within fourteen (14) days of receiving delivery under 3.

The writing under 3 and 4 shall contain sufficient particularity to enable the arbitrator to understand the facts and basis of claim and defence, and the arbitrator may call for further particulars to either or both documents.

The arbitrator shall be entitled to make a decision on the documents referred to above or may in his discretion call for evidence in which event each party shall be entitled to call witnesses and to cross examine witnesses called by the other party. In the event of no response under 4 then the arbitrator shall proceed without the response.

Each party shall make discovery of all documents and records of every kind which are in its possession or under its control.

The arbitrator shall have the right to determine the procedure which he will follow, subject only to the rules of natural justice.

The arbitrator will make his finding in the shortest time possible, the parties recording that it is their intention that there should be a quick resolution of the matter.

10.

The arbitrator shall award the costs incurred by the successful party against the unsuccessful party. The costs shall be those costs which the arbitrator determines as having been reasonably incurred in prosecuting or defending any allegation, and the arbitrator shall, if requested by either party, determine the amount or method of calculation of costs.

11.

Any hearing or other proceeding under these rules shall be held in Durban.

ANNEXURE “D” TO THE MEMBERSHIP AGREEMENT

CLUB RULES OF WILD ESCAPES CLUB ADOPTED BY THE FOUNDER MEMBERS AND RATIFIED BY THE TRUSTEES

DEFINITION AND INTERPRETATION

1.1	annexure :	Annexures to this agreement will be referred to in capital letters in bold print.
1.2	the Club :	The Wild Escapes Club.
1.3	the Managing Agent :	Occupancy Solutions CC.
1.4	member :	A member of the Club.
1.5	Owner :	The entity which owns or controls the venue and which has reserved units for the exclusive use of members of the Club.
1.6	paragraph :	Any reference to a paragraph of this agreement will be by its number.
1.7	time block :	A continuous period of seven nights as defined from time to time shall comprise one time block.
1.8	the trustees :	The trustees of the Club.
1.9	unit :	A self catering unit at a venue, reserved in advance for exclusive use by members of the Club for a minimum period of five years, and set out In Annexure F to the Membership Agreement.
1.10	venue :	A venue owned or controlled by the Owner at which the units are Situated, and set out in Annexure F to the Membership Agreement.

HISTORY

2.1

The Trustees of the Club have established the Club Rules to which each member has agreed to be bound upon applying for membership of the Club.

2.2

The Managing Agent has procured from the Owners advance reservations of the units for the exclusive use of members, for a period of five years.

2.3

The Managing Agent has ceded and assigned such reservations to the Club to be made available, in time blocks, to members for their exclusive use.

THE AGREEMENT:

INCORPORATION

The parties confirm 1 and 2 and incorporate them into this agreement.

ESTABLISHMENT OF CLUB RULES

The Club hereby authorizes and establishes the Club Rules set out in this document, which each member accepts and agrees to be bound by.

TIME BLOCKS

5.1

The Club has prepared, as set out in annexure F:-

5.1.1

a list of venues at which units have been reserved for exclusive use by members.

5.1.2

a schedule of weeks during which members can reserve a time block.

5.2

The information in paragraphs 5.1.1 and 5.1.2 may be amended, annually, by the Trustees.

5.3

The membership fee paid by a member shall be determined by the number of time blocks purchased and the size of the unit.

5.4

Time blocks shall be allocated to members annually on a first-come, first-served basis.

5.5

In the event that a member fails to utilise a time block in any particular calendar year, the right to use such time block shall thereby be forfeited and not added to a members rights for the following year. Time blocks may not be accumulated.

5.6

Upon allocation by the Club of a time block, a member shall be entitled to exclusive use, occupation and enjoyment of the unit allocated for that time. A member shall also be entitled to all ancillary rights of use and enjoyment attaching to the unit, at the venue.

5.7

The decision of the Club in determining the allocation of time blocks to members, shall be final and binding.

5.8

A member may purchase additional time blocks upon such terms and conditions as may be agreed upon with the Club.

5.9

Unless specifically authorised by the Club, a time block may only be purchased as a whole, and not in part.

DURATION OF MEMBERSHIP

6.1

Membership shall endure for a period of five years.

ANNEXURE “D” TO THE MEMBERSHIP AGREEMENT

6.2

A member may transfer membership to another person on such terms and conditions and upon payment of such fee as the Club may require, and upon prior written notification to the Club.

MEMBER’S OBLIGATIONS:

7.1

A member shall:-

7.1.1

Use a unit for residential purposes only and shall not permit more persons to occupy the unit than prescribed by the Owner;

7.1.2

comply with and observe all house rules applicable to the venue in which the unit is situated;

7.1.3

not cause or permit any nuisance whatsoever to other occupants at the venue or to the management of the venue and immediately comply with any request from management relating to the occupation and enjoyment of the amenities of the venue;

7.1.4

ensure that the unit is vacated by the time stipulated by the management of the venue and that payment is made for all expenses incurred by a member during his stay and that the Club is not rendered liable for any expenses, breakage or deaths, whatsoever;

7.1.5

upon taking occupation of the unit, acquaint himself with the rules and regulations governing the use and occupation of the unit and the venue;

7.1.6

only allow a third party to occupy the unit in place of a member provided that prior written consent of the Club is obtained and provided further that a member shall remain liable for the due performance of all obligations assumed by such person occupying the unit at a venue.

7.2

Each member indemnifies and holds the Club, its trustees, officers, officials and the Managing Agent harmless against any claim or claims which may be brought against the Club or Managing Agent arising from a member’s use and occupation of a unit. The Club or the Managing Agent shall not be liable for any loss or injuries suffered by a member or his family
and persons occupying through him as a result of a member’s use and occupation of the unit.

RESERVATIONS

8.1

Bookings and reservations shall be subject to availability and must be requested or confirmed in writing by a member.

8.2

All bookings and reservations shall be made through the Managing Agent on a first-come, first-served basis.

8.3

Bookings and reservations shall only be in respect of a calendar year and shall be opened to members at a time determined by the Club.

8.4

Upon payment of a member’s membership fee, a member may within thirty (30) days after, but not earlier than the effective date, reserve a time block.

8.5

Cancellation of a reservation will only be accepted no later than twenty-two (22) days prior to arrival date without forfeiting that time block. All cancellations must be made or confirmed in writing, by hand, fax or email.

8.6

The Managing Agent shall be entitled to cancel bookings and reservations in respect of any venue and / or unit in respect of which the Owner has validly cancelled in advance, reservations made by the Managing Agent on behalf of the Club. In such event, as much notice as possible will be given to members affected and the Managing Agent will utilise its best endeavours to offer suitable alternative units.

GUESTS

9.1

A member may nominate any other person to occupy the unit in respect of which a member has reserved time blocks.

9.2

In such circumstances, a member must notify the Managing Agent in writing and supply the full names and the addresses of each guest for whom he shall be liable for all damages or loss to the unit or its contents, as if the damage or loss had been caused by a member himself.

10.

BREACH

10.1

Should a member fail to pay his membership fee, or an installment of such membership fee, as the case may be, or breach any other terms and conditions of these Club Rules or the Club Constitution and remain in breach, after having received fourteen (14) days written notice to remedy such breach, the Club shall have the right to declare all amounts owing to the Club by a member immediately due, owing and payable, and to:-

10.1.1

institute legal proceedings for the full balance that is outstanding; or

10.1.2

suspend a member’s rights to use of a time block which a member would ordinarily be entitled upon payment of a members membership fee, until such time as that membership fee has been paid in full;

10.1.3

cancel a member’s membership and retain any amounts paid by a member to the Club.

10.1.4

A member shall not be entitled to any refund or compensation whatsoever.

ANNEXURE “E” TO THE MEMBERSHIP AGREEMENT

STATUTORY INFORMATION SCHEDULE ACT NO. 75 OF 1983

Section no.	Information
4 (1)(a)	The parties to the membership Agreement, being the Club and the Purchaser and their respective residential or business addresses are contained in the Membership Agreement.
4 (1)(b)	The legal basis of the scheme is the contractual relationship between the managing agent and each Owner of a venue in terms of which the Owner has irrevocably reserved certain units for exclusive use by members of the Club annually for a period of five years and which reservation and use has been ceded and assigned by the managing agent to the Club.
4 ( 1)(c)	The scheme relates to the immovable property at the venues set out in annexure F to Membership Agreement.
4 (1)(d)	The immovable property is held by the managing agent as a right of use granted to it for a period of five (5) years, which right the managing agent has ceded and assigned to the Club.
4(1)(e)	The owner of the immovable property is set out in annexure F to the Membership Agreement.
4(1 )(f)	Details of any mortgage bond encumbering any of the units are disclosed in annexure F to the Membership Agreement.
4(1)(g)	The total consideration payable by a member in respect of the purchase of a time block which is as reflected in the Membership Agreement.
4(1)(h)	Interest is payable on any balance of the consideration at the annual rate reflected in the Membership Agreement.
4(1)( i)	If any portion of the subscription is payable in installments, the amount and the due date of each installment is reflected in annexure A to the Membership Agreement.
4(1)(j)	The due date of each such installment is contained in annexure A to the Membership Agreement.
4(1)(k)	Copies of the architect’s certificates in respect of the Units shall be available for inspection at the offices of the Owner of the venue concerned and are available on request.
4(1)(l)	Written details of the Membership Agreement and its annexures are issued to the Member.
4(1)(m)	An inventory of movables available for use in relation to each unit is available at each venue.
4(1)(n)	The Membership Agreement is drawn in English.