THE GOLF CLUB @ FIDDLER’S CREEK

BENEFICIAL MEMBER MEMBERSHIP AGREEMENT TO BE COMPLETED IN COORDINATION WITH AND ATTACHED TO A CLUB & SPA MEMBERSHIP AGREEMENT. BOTH AGREEMENTS MUST BE SIGNED BY BOTH THE FIDDLER’S CREEK HOMEOWNER AND BENEFICIAL MEMBER

THE GOLF CLUB AT FIDDLER’S CREEK BENEFICIAL MEMBERSHIP AGREEMENT

PERSONAL (This section to be completed by Beneficial User) Beneficial Member’s Name Golf Handicap _____________________________ (If a USGA handicap is not available, please provide last 20 scores with course slope & rating) Co-Beneficial Member’s Name_________________________________________________________________ Golf Handicap _____________________________ Fiddler’s Creek Rental Address Number

Street

Beneficial Member’s Billing Address Number

Street

Telephone: Fiddler’s Creek Rental (

)

City

State

Telephone: Permanent Residence (

Zip Code

)

Unmarried children under the age of 23: Name

Birth Date

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

Lease Period ___________________________________ to ____________________________________ (Leases must be a minimum length of one month.)

Fiddler’s Creek – Membership Agreement, rev 2006 Page 1 of 4 Rev. October 1, 1998

TERMS & CONDITIONS (BENEFICIAL USER) By execution hereof, Beneficial Member agrees to be bound by and act in accordance with the formal Membership Documents governing all property owners, their tenants, guests and invitees in the Golf Club at Fiddler’s (“Golf Club”) as well as the Rules and Regulations governing the Golf Club, including The Rules & Regulations of the Golf Club at Fiddler’s Creek (“Rules & Regulations”), as these Rules and Regulations may be amended from time to time. In addition, Beneficial Member represents to the Golf Club that he/she is the duly authorized and designated beneficial user of Owner’s membership in the Golf Club at Fiddler’s Creek. Beneficial Member hereby understands and agrees that the social membership dues structure may be modified, that additional categories of membership may be added at the discretion of the Golf Club, and that membership privileges provided by the Golf Club to the Beneficial Member while a beneficial user of Owner’s membership privileges are subject to Beneficial Member complying with the terms of this agreement so long as Beneficial Member is the beneficial user of Owner’s membership privileges. The Beneficial Member hereby acknowledges that all purchases of food, beverage, merchandise and services at the Golf Club will be charged to Beneficial Member’s Golf Club account. Beneficial Member will receive a monthly statement from the Golf Club itemizing all charges Beneficial Member incurs at the Golf Club, which will be automatically billed to Beneficial Member’s credit card or debit card, as described below. Beneficial Member hereby further acknowledges and agrees that Beneficial Member is personally liable for all sums Beneficial Member incurs while a beneficial user of Owner’s membership privileges at the Golf Club. In the event the Golf Club is unable to process Beneficial Member’s charges against Beneficial Member’s credit or debit card, then the Club may pursue all available remedies at law or equity against Beneficial Member for failure to make payment to the Golf Club, as set forth in the Foundation Declaration and Recreational Property Regulations. Beneficial Member authorizes any and all charges incurred on Beneficial Member’s account with the Golf Club to be charged to Beneficial Member’s credit card or debit card listed below. Beneficial Member certifies that the below listed card or account number is issued to Beneficial Member and all disputes of charges made by the Golf Club on Beneficial Member’s account will be directed to the Golf Club. Beneficial Member agrees to submit written notification to the Golf Club at least thirty (30) days in advance of a change or termination in said credit card/bank account; in the case of termination all charging privileges will immediately be terminated. Credit Card Type:

Visa credit

Visa debit

Credit Card Number

MasterCard credit

MasterCard debit

Exp. Date

Cardholder Signature Account Holder’s Signature

Fiddler’s Creek – Membership Agreement, rev 2006 Page 2 of 4 Rev. October 1, 1998

Beneficial Member hereby further acknowledges that the use of the recreational property at the Golf Club and any privilege or service incident to membership is undertaken with knowledge of the risk of possible injury. Beneficial Member hereby accepts any and all risk of injury to himself/herself, guests, tenants, social invitees and family sustained while using the Golf Club or involved in any event or activity incident to membership in the Golf Club. In accepting the risk of injury, Beneficial Member understands that he/she is relieving the Golf Club and any of its shareholders, directors, officers, employees and affiliates from any and all loss, cost, claims, injury, damage or liability he/she sustains or incurs, or sustained or incurred by Beneficial Member’s guests and family resulting from or arising out of any conduct or event connected with membership in the Golf Club and use of any of the Recreational Property. This membership shall be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of laws. Beneficial Member hereby waives and relinquishes his/her right to commence or maintain an action at law or in equity arising out of my membership in the Golf Club, or use of the Recreational Property, in any place other than Collier County, Florida, which shall be the exclusive venue for any such action. The undersigned understands and agrees that membership in the Golf Club is subject to the terms and conditions of the membership documents and Rules and Regulations as amended from time-to-time, and payment of the required capital contribution, annual assessment, dues, fees and charges. This Membership Agreement constitutes the entire agreement by and between the parties and supersedes any prior oral or written agreements of representations. No term, provision, or condition hereof shall be held to be altered, amended, waived, modified, or changed in any respect unless such is effected in writing by an authorized representative of the Golf Club. Failure of the Golf Club at any time to require performance by the undersigned of any provision hereof shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by the Golf Club of a breach of any of the provisions hereof constitute a waiver of any succeeding breach of the same or of any other provision. The undersigned hereby authorizes the disclosure and release of information to the Golf Club for investigating my qualifications for membership and authorizes those persons or entities set forth in this Membership Agreement to furnish information to the Golf Club. Dated:

, 20

Dated:

, 20

Beneficial Member’s Signature Co-Beneficial Member's Signature

Fiddler’s Creek – Membership Agreement, rev 2006 Page 3 of 4 Rev. October 1, 1998

TERMS & CONDITIONS OWNER(S) (This section to be completed by Owner) The undersigned Owner hereby understands and agrees to pay all transfer fees for use of the Recreational Property of the Golf Club to the Fiddler's Creek, upon the Beneficial Member’s lease of a residential unit at Fiddler’s Creek, subject to the Golf Club’s acceptance and approval of said lease and this Application for Membership. I further understand that the transfer fee of $1000 for Golf Membership or $750 for Silver Membership will be billed directly to my Golf Club Membership account. I further understand that upon payment of the transfer fee for the Golf Membership, the transfer fee for the Club & Spa Membership will be waived. The undersigned Owner/Member acknowledges that for the term of the previously mentioned lease, the Owner’s membership will be rendered temporarily inactive and Owner/Member is not entitled to use the Club facility unless invited as a guest and upon payment of the required guest fees. The Owner/Member however, is still responsible for the remittance of membership dues. Further, by execution hereof, Owner acknowledges and agrees that it is Owner’s responsibility to ensure Beneficial Member complies with the Formal Membership Documents and Rules & Regulations of the The Golf Club, and that Owner shall remain personally liable for any and all damages sustained by the Golf Club as a result of Beneficial Members violation or breach of same. In addition, Owner shall be jointly and severally liable for any and all charges, dues, fees and debts Beneficial Member incurs while a Beneficial User of Owner’s membership privileges at the Golf Club. Owner also acknowledges that the Golf Club shall have all rights and remedies as set forth in the Rules & Regulations against Owner for any amounts that Beneficial Member does not pay in a timely manner, including, but not limited to the right to charging Owner’s credit card or bank account as provided in the Owner’s Membership Application, for all amounts not timely paid by the Beneficial Member, or the right to set-off against the Owner’s Golf Club Initiation Deposit any amounts Beneficial Member fails to pay to the Club and Spa.

Dated:____________________, 20______

____________________________________ Unit Owner / Members Signature

Dated:____________________,20_______

____________________________________ Unit Owner / Member Signature

* Must be attached to Club & Spa Beneficial Membership Agreement for Transfer to Occur. The Golf Club at Fiddler’s Creek 3470 Club Center Boulevard Naples, FL 34114 (239) 732-7332

Fiddler’s Creek – Membership Agreement, rev 2006 Page 4 of 4 Rev. October 1, 1998