MEMBERSHIP AGREEMENT BETWEEN:- WILD ESCAPES CLUB AND OCCUPANCY SOLUTIONS CC AND THE MEMBER INCLUDING ANNEXURES A, B, C, D, E, F
1.	DEFINITION AND INTERPRETATION:
1.1 Annexure: Annexures form an integral part of this agreement. 1.2 The Club: The Wild Escapes Club, established in terms of the Club Constitution. 1.3 The Club Constitution: The Club Constitution set out in annexure C. 1.4 Domicilium: Domicilium citandi et executandi. The parties choose domicilium as follows:- 1.4.1 The Club: 22 Deborah Crescent, Gillits, 3610 1.4.2 The Managing Agent: 22 Deborah Crescent, Gillitts, 3610. 1.4.3 The member: The address set out on the Application for Membership to this agreement. 1.5 Gender: The attribution of a gender to a person shall be read as the attribution of the gender which is correct in the context. 1.6 Interest: Interest at the prime rate charged by First National Bank plus 6% (six percent). 1.7 The Managing Agent: Occupancy Solutions CC, Registration Number 2003/042022/23. 1.8 The Member: The member whose details appear on the Application for Membership, prefixed to this agreement. 1.9 The Club Rules: The Club Rules set out in annexure D. 1.10 Time Block: A continuous period of seven nights calculated from Saturday to Saturday, which shall comprise one time block. 1.11 The Units: The self catering units listed in F, which may be amended from time to time. 1.12 The Venues: The venues listed in F, which may be amended from time to time.
2.	HISTORY:
2.1	The Managing Agent has procured the reservation of the units at the venues for exclusive use by members of the Club.
2.2	The Managing Agent has ceded and assigned such rights to the Club.
2.3	By virtue of a member's membership of the Club, the member becomes entitled to exclusive use of such units on the terms and conditions which follow.
THE AGREEMENT:
3.	INCORPORATION:
	The parties confirm 1 and 2 and incorporate them into this agreement.
4.	PURCHASE AND SALE:
4.1	By virtue of his membership and upon payment of the membership fee, the member hereby purchases the time blocks and unit types set out in the Application for Membership, prefixed to this agreement.
4.2	The time block may be utilised by the member at any venue within the time periods set out in annexure F.
5.	MEMBERSHIP FEE:
5.1	The membership fee for the time blocks selected in paragraph 4 is as set out in the Application for Membership, prefixed to this agreement.
5.2	The membership fee shall be payable by the member to the Club into a bank account to be nominated by the Club.
5.3	The manner of payment is as selected by the member in annexure A. In the event that the member selects a manner of paymentthrhough a financial institution, it shall be the member's obligation to ensure the processing of such payment through the financial institution, it being the member's obligation to ensure payment of the membership fee to the Club.
5.4	The Club shall have the right to charge interest on late payments or any payments by installment.
5.5	In the event that the member elects to pay the membership fee in installments as set out in Annexure A, the member shall be required to pay to the Club a non refundable deposit of 40% ( forty percent) of the membership fees.
6.	CLUB RULES AND CONSTITUTION:
	The member acknowledges that he is subject to and bound by the terms and conditions of the Club Constitution and the Club Rules and that he has read and understands these documents.
7.	CERTIFICATE OF PURCHASE AND STATUTORY INFORMATION SCHEDULE:
7.1	The member shall complete the certificate of purchase as set out in annexure B, by ticking the appropriate boxes.
7.2	The member is referred to the Statutory Information Schedule set out in annexure E, published in terms of the Property Time-Sharing Control Act 75 of 1983.
8.	BREACH:
8.1	In the event that the member fails to pay any amount due to the Club in terms of this agreement or in the event that the member breaches any of the other terms and conditions of this agreement and remains in breach after receiving thirty (30) days written notice to remedy such breach, the Club shall have the right, without prejudice to any other rights available to it, to declare all amounts owing to it by the member to be immediately due, owing and payable and to:-
8.1.1	institute legal proceedings for the full balance then outstanding; or
8.1.2	procure that the member's rights of use and occupation of any units be suspended until all amounts due to the Club have been paid in full, alternatively, that the member's membership of the Club be terminated forthwith and any amounts paid to the Club thereby forfeited to the Club. Notwithstanding the aforesaid the member acknowledges that the deposit of 40% (forty percent) referred to in paragraph 5.5 is a reasonable pre-estimate of the minium amount of damages may be suffered by the CLub and / or the Managing Agent upon default by the member.
	8.2 In the event that the Club is required to institute any legal proceedings against the member, then the Club shall be entitled to claim costs against the member as between attorney and client.
9.	NON-VARIATION:
	No variation, extension or termination of or addition to this agreement shall be of any force or effect unless reduced to writing and signed on behalf of the members.
10.	NON-WAIVER:
	No failure on the part of a member to exercise, and no delay by a member in exercising, in the right under this agreement will operate as a waiver of that right, nor any single or partial exercise of any right under this agreement preclude any further or other exercise of that right nor act to the exclusion of any other right.
11.	INDULGENCE:
	No extension of time or indulgence which either party may grant to the other shall constitute a waiver of any of the rights of the party making a grant which shall not thereby be precluded from exercising their rights against the other party.