CLUB RULES FOR THE CLUB AT KUKUI`ULA - Resident Interactive

Definitions:"Club Expenses": “Club Expenses” shall include ordinary operating expenses, special events, operatingreserves and reserves for repair and replacement of capital items within The Club Property as The Club'sBoard of Governors finds necessary or appropriate."Declarant": "Declarant" refers to Kukui`ula Development Company (Hawaii), LLC, a Hawai„i limitedliability company, as defined in the Charter."Declarant Plantation Member": The Club reserves the right to issue up to 31 PlantationMemberships to such individuals as the Declarant may designate from time to time. The Declarant'sPlantation Memberships may be issued with such use privileges and waivers of assessments as the Declarantshall determine in its sole discretion and may be issued without regard to the limitation on the number ofPlantation Memberships established pursuant to the By-Laws or ownership of a Unit within Kukui`ula. ADeclarant Plantation Member will also be granted all use privileges of a Golf Member without an actualmembership and without any voting rights in The Club."Golf Facilities": The "Golf Facilities" shall include the Tom Weiskopf-designed 18-hole golf course withrelated practice facilities, including a driving range and practice putting greens, pro shop and supportinggrounds and maintenance facilities."Golf Memberships": "Golf Memberships" are in addition to the rights and privileges granted toPlantation Members as set forth in Section 4.2(a) of the Covenant and any Member who owns a Unit withinKukui`ula and meets certain pre-requisite criteria may apply to purchase additional and limited golfprivileges, to the extent available."Golf Membership Fees": "Golf Membership Fees" are the fees charged for the initial purchase of aGolf Membership as such fees shall be established (typically on an annual basis), and may be increased ordecreased from time to time, by the Declarant during the Declarant Control Period defined in Section 5.1of the Covenant."Ohana Member" and "Ohana Membership": Except as The Club's rules or resolutions of TheBoard may otherwise permit, each Plantation Membership shall grant the Member's parents, children, andgrandchildren, if any, the same use privileges of the Plantation Membership, so long as the Member is inresidence within Kukui`ula or the Island of Kauai ("Ohana Membership" or "Ohana Members"). Pleasesee The Club By-laws, the Covenant and Section 4.2 of the Rules for further details."Plantation Membership": A “Plantation Membership” is a membership automatically issued to eachOwner of a Unit that entitles the Owner to use and enjoy all of The Club Property and services generallyavailable for use by the Members, subject to The Club's rules pursuant to Section 4.2(a) of the Covenant.Note: Please refer to the Covenant for details regarding the limited circumstances in which an AdditionalPlantation Membership may be available."The Club": The Club at Kukui`ula, a Hawai`i non-profit corporation (hereafter, “The Club”) is theorganization designed to control these facilities, while providing club-related services to the owners withinKukui`ula.Club RulesPage iii

THE CLUB AT KUKUI`ULARulesKukui`ula Development Company (Hawaii), LLC, a Hawai`i limited liability company ("Club Operator"),has established the following rules ("Club Rules") to govern the use of the Golf Facilities, Kukui`ula Plantation Houseand Kukui`ula Plantation House Spa (collectively, "The Club Facilities") and to promote the health, safety, welfare,and enjoyment of all persons using The Club Facilities. The Club Operator may, in its sole discretion, amend these ClubRules from time to time. Amendments will be effective when posted at The Club (and/or on its Community Portalwebsite) and mailed (or e-mailed, if so requested by the respective Member) to the Members. These Club Rules shall applyto all persons using The Club Facilities, whether a Member, Ohana Member, or guest. Capitalized terms used in theseClub Rules shall be defined as set forth in the Membership policies as adopted by the Board from time to time consistentwith The Club Governing Documents as defined in the Membership Agreement ("Membership Policies") for The Clubat Kukui`ula and in the By-Laws of The Club at Kukui`ula. The Club manager shall be The Club Operator'srepresentative for purposes of implementing and enforcing these Club Rules.1.1. Membership Cards.1. MEMBERSHIP ADMINISTRATIONThe Club Operator shall issue cards to each Member and the Member's parents, children, andgrandchildren if any, (collectively, the "Ohana Members") identifying the authorized holder and thesponsoring Member, if applicable, the type of membership, and the Member's club account number, if any.Membership cards will not be issued to any children or grandchildren under the age of 12. If issued,membership cards shall be carried at all times while using The Club Facilities. Temporary membershipcards may be issued to all permitted guests of a Member. Members‟ guests must have been properlyregistered with The Club Operator. In addition, the Member shall have paid any applicable fees associatedwith such guest‟s sponsorship and comply with the Guest Rules set forth herein (as may be amended fromtime to time). A membership card may be used only by the person to whom it is issued.If issued, membership cards will be mailed to the Members at the address designated by theMember or held for pick-up at the Membership Office as determined by The Club.In the event that a membership card is lost or stolen, the person to whom it was issued shallimmediately notify The Club Operator so that the account may be canceled and a new number and cardissued. The Member shall be responsible for all charges placed on the account prior to The Club Operator'sreceipt of notice of the lost or stolen membership card. The Club Operator may charge a reasonable cardreplacement fee in an amount determined by The Club Operator for replacement of each lost or stolenmembership card, or for otherwise changing a club account number. In addition, each Member shallreceive such identification decals and other insignia as The Club Operator may from time to time designate,and shall display such insignia as required by The Club Operator from time to time.All membership cards are the property of The Club Operator and must be surrendered to The ClubOperator upon termination of the membership for which they were issued.

1.2. Club Accounts.All food, beverage, and other purchases charged to a Member's club account will be billed monthlyand shall be considered delinquent if not paid within 30 days after the date of the monthly statement. TheClub Operator may charge a service charge on all past due balances in the amount of one and one-halfpercent (1.5%) per month from the date of the statement until paid in full. In certain limited circumstancesand at the sole discretion of The Club Operator (such as with respect to purchases by non-Club MemberKama`aina Guests and Guests at The Lodge at Kukui`ula), alternative methods for payment may beavailable. This option is not available to Club Members or their guests.Past Due, Delinquency and Revocation(a) 30 DAYS PAST DUE. If a Member's account becomes 30 days past due, the Member willbe notified by letter that such Member‟s charging privileges have been suspended and may also be contactedby telephone.(b) 60-90 DAYS PAST DUE. Any Member whose account becomes between 60 to 90 dayspast due will be notified by mail and may also be contacted by telephone. Such Member will also be deniedany charging, golf or tennis playing privileges until such Member‟s account is brought current.(c) 90 DAYS PAST DUE– LOSS OF USE RIGHTS. Any Member with an account more than90 days delinquent may lose and forfeit all of its membership privileges, but such forfeiture shall notprejudice or affect in any manner the right of Management to collect such delinquent indebtedness in anylegal way. The Membership privileges shall be reinstated upon payment in full of all past due dues, fees andother charges, including any late charges owed.(d) If the Club account of any Member is delinquent, The Club may, at its sole option, takewhatever action it deems necessary to effect collection, including, without limitation, suspension of amembership or legal action as permitted by law and The Club‟s Governing Documents. If The Clubcommences any legal action to collect any amount owed by any Member or to enforce any other liability ofany member to The Club, the Member shall also be liable for all costs and expenses of such legal action andreasonable attorneys' fees, including any reasonable fees in connection with appellate proceedings.Returned ChecksAll Members will be charged an administration fee on their statement for any checks returned bythe bank for insufficient funds, equal to ten percent (10%) of the amount of the returned check.Crediting of AccountMembers with any questions regarding charges on their statement should contact The Club atKukui`ula‟s Management. All statements must be paid in full, and any credits due to the Member will becredited on the following month's statement.2

1.3. Notices.Each Member shall give written notice to The Club Operator of the Member's mailing address andemail address (if available) to which The Club Operator should direct all notices and invoices. Failure tonotify The Club Operator of an address change shall be considered a waiver of the right to receive noticesand other communications from The Club Operator.A Member shall be deemed to have received mailings from The Club five (5) days after they havebeen deposited in the U.S. Mail, correctly addressed to the Member at the address on file with The Clubwith first class or higher priority postage prepaid.When given written authorization by the Member, The Club may mail any mailing, with the sameeffect described above, to the address of the Member‟s Unit, if applicable. The Club, when given writtenauthorization by the Member and in accordance with any further limitations set forth in the Covenant orBy-laws under “Notices”, may mail any mailing with the same effect described above to the Members emailaddress.1.4 Transfer of Title.Any Owner desiring to sell or otherwise transfer title to his or her Unit shall give The Club‟sGeneral manager or the Board as it so determines at least seven (7) days' prior written notice of the nameand address of the purchaser or transferee, the date of such transfer of title, and such other information asthe Board may reasonably require. The Person transferring title shall continue to be jointly and severallyresponsible with the Person accepting title for all obligations of the Owner, including assessmentobligations, until the date upon which The Club‟s General Manager (or the Board, if applicable) receivessuch notice, notwithstanding the transfer of title.2.1. Hours of Operation.2. GENERAL CLUB RULESThe Club Amenities are available for use only during such operating hours as The Club Operatordetermines and publishes from time to time, which may vary among Club Amenities. The Club Operatormay close portions of The Club Amenities during normal operating hours for scheduled maintenance andrepairs, as well as in connection with the rights reserved by the Declarant in the Covenant and By-Laws,and The Club Operator may restrict or reserve the use of portions or all of The Club Facilities for specialevents or private parties during normal operating hours from time to time. To the extent reasonablyfeasible, The Club Operator shall provide advance notice to its Members (including postings to The Clubwebsite) of such planned temporary closures.3

2.2. Food and Beverage Services.Alcoholic beverages will be sold and served and may be consumed on The Club Facilities only aspermitted by Hawai`i law and local ordinances. The Club Operator reserves the right, in its solediscretion, to refuse service to any person who appears to be intoxicated. In accordance with The ClubOperator‟s current liquor licenses(s) and all applicable laws regarding same, no alcoholic beverages sold onThe Club Facilities may be removed from the premises. All alcoholic beverages consumed on The ClubFacilities must be purchased from The Club Operator. Outside catering, picnics, and "brown bagging" arenot permitted. No person shall bring or consume food or beverages on The Club Facilities except thosefurnished by The Club Operator (other than as needed for infants).Employees of The Club may not deliver food or alcoholic beverages to locations away from theimmediate area where sold or served except in the case of catering arranged through The Club Operator or,in The Club Operator's discretion, as may be further permitted by The Club Operator's liquor license(s).2.3. Advertisements and Solicitations.No person shall post or circulate commercial advertisements or petitions on The Club Facilities oruse The Club's membership roster for any personal, commercial, religious, political, charitable or otherpurpose other than approved official Club business without The Club Operator's prior approval, which maybe granted or withheld in its sole discretion.The Club‟s membership roster is strictly confidential and to be used by Members only toaccommodate and coordinate social activities relating to The Club‟s. No person shall give The Club'smembership roster to anyone (including but not limited to advisors, consultants, builders, landscapers,cleaners, real estate agents, contractors, religious/political/fund raising organizations, and so forth) who isnot a Member or an employee of The Club or the Association for any reason without The Club Operator'sexpress prior approval. The Club Operator reserves the right to share database information withauthorized members, employees and third party management representatives of the Association or theDeclarant; to the extent such sharing shall be pursuant to strict adherence to the respective party's PrivacyPolicies and for non-commercial purposes only.Commercial solicitation of Members, their family members, and/or their guests and/or ResortGuests is contrary to the atmosphere provided in the setting of The Club Facilities and Resort Facilities andshall not be permitted, and may be grounds for the suspension of a Member‟s Club privileges.

2.4. Club Personnel and Operations.No person other than The Club Operator and its designees shall supervise, give direction to, orreprimand employees. Verbal or physical abuse or harassment of employees will not be tolerated and shallsubject the individual to disciplinary action.No person shall request special favors or special services from employees or send any employeeaway from The Club Facilities for any reason without prior permission of The Club Operator. No personshall request use of equipment, supplies, or services not normally made available for use by Membersregardless of whether such request is to occur or be used outside of regular business hours or The ClubFacilities.To facilitate the proper management of The Club Facilities, all complaints, criticisms, specialrequests or suggestions of any kind relating to any operations or personnel should be in writing, signed, andaddressed and timely directly delivered to The Club Operator.2.5. Gratuities.Unless otherwise expressly permitted by The Club Operator in the future or as set forth in theparagraph below, within The Club Facilities, there shall be absolutely no tipping allowed for food andbeverage sales/services, golf cart personnel, locker attendants, valet attendants or any personnel in TheClub. An individual employee‟s failure to comply with this request may subject the individual to disciplineup to and including dismissal. A policy requiring that standard gratuities be added for certain types or levelsof serves may be adopted at the discretion of The Club Operator and such policy shall be made available toall Members.In lieu of the above, it is customary for The Club to maintain a Holiday Fund for all current Clubemployees. This Holiday Fund provides all members with an opportunity to show their appreciation toClub employees during the holiday season. The Holiday Fund charge will automatically appear as a chargeon the contributing Member's November bill, unless the Member timely indicates in writing its desire notto contribute to such fund. Club management shall be responsible for the distribution of these funds in themonth of December. Additional contributions to such Holiday Fund are a matter of personal discretion.2.6. Children.The Club Operator will establish appropriate policies applicable to each Club facility prohibitinguse by persons of such facility under a specified age, prohibiting use by persons under a specified age duringcertain times/days/events only or restricting use by children under a specified age unless accompanied andsupervised by an adult, which policies shall be observed at all times unless any limited exception isotherwise approved by The Club Operator as its deems prudent. Such policies shall remain subject tochange in The Club Operator‟s sole discretion to meet the needs of all Members (and their respectivechildren) and the safety of The Club‟s Facilities.Children under the lawful drinking age are not permitted in any bar area unless accompanied andsupervised by an adult. Except as the Board may otherwise permit, children under 16 years of age are notallowed on The Club premises at any time unless accompanied by, in the presence of, and supervised by an

adult (which The Club recognizes, for purposes of Section 2.6 of The Club Rules, as a person 21 years orolder).Any person who brings a child onto The Club Facilities is responsible for the child's conduct andsafety during all such times while on the premises. The Club Operator shall not be responsible for andspecifically disclaims any liability for monitoring an unaccompanied child (including, but not limited, in andaround the pool area).2.7. Attire.All persons using The Club Facilities are expected to dress in a manner consistent with the specificdress policies published or posted by The Club Operator from time to time for particular areas andactivities. Members are responsible for advising their guests as to appropriate dress.For use of The Club's Plantation House, appropriate attire shall at a minimum require a shirt andsandals. Bathing suits may be worn only in the pool area unless worn under appropriate attire. Clean andpressed denim attire, when appropriately worn, is permitted in the clubhouse for breakfast, lunch anddinner.For use of The Club's special events and occasions, appropriate dress will be announced in themonthly calendar.For use of The Club‟s Pool facilities, see section 7.3 below for detailed rules of attire for the Pool.For use of The Club‟s Tennis facilities, see section 6.4 below for detailed rules of attire for Tennis.For Golf Course and Golf Clubhouse, see section 5.5 below for detailed rules of attire for Golf.For use of the Fitness Center and Movement Studio, see section 8.2 for detailed rules of attire forFitness Center and Movement Studio.2.8. Animals.In addition to the rules set forth in Section 7.3(i) of the Charter, pets are not permitted on the golfcourse or any other portion of The Club Facilities, except under special circumstances when authorized byThe Club Operator or required by law (including, but not limited to, assistive animals). If permitted, anyperson who brings an approved animal onto The Club Facilities is responsible for immediately cleaning upafter that animal and for any damage caused by the animal.2.9. Club Property.No person shall remove, rearrange or relocate any Club property or furniture from The ClubFacilities or the area in which it belongs without prior permission of The Club Operator.2

2.10. Personal Property.Each Member, as a condition of membership, Ohana Member, and guest, as a condition ofinvitation to The Club Facilities, assumes sole responsibility for his or her personal property. The ClubOperator shall not be responsible for and specifically disclaims any liability for replacing or protectingagainst any loss or damage to any personal property used or stored on The Club Facilities by the aboveparties.2.11. Liability for Use of Club Facilities; Assumption of Risk.Members shall be liable for any property damage and/or personal injury on The Club Facilities, orat any activity or function operated, organized, arranged, or sponsored by The Club Operator, caused bythe Member, Ohana Members, or guests. The cost of repairing any such property damage or replacing anyproperty shall be charged to the responsible Member's club account and must be paid in full within thirty(30) days of such posting.Any Member, Ohana Member, or guest who, in any manner, makes use of or accepts the use of anyapparatus, equipment, facility, privilege, or service whatsoever owned, leased, or operated by The ClubOperator or who engages in any tournament, game, function, special event, exercise, competition, or otheractivity operated, organized, arranged, or sponsored by The Club Operator, either on or off The ClubFacilities, does so at his or her own risk and agrees that The Club Operator, the Association, the Declarant,and their respective employees, contractors, representatives and consultants shall have no liability forpersonal injury or damage to personal property occurring in the course of or arising out of such use.2.12. Parking.Vehicles shall be parked only in areas designated for parking. Posted permanent or temporary "NoParking" signs and reserved parking designations must be observed. Violators may be towed at the vehicleowner's expense.Self parking may be permitted in any areas specifically identified as such.2.13. Smoking.Smoking is permitted only in designated areas. Cigar and pipe smoking is not permitted in theKukui`ula Plantation House or in any area where food and beverages are served or otherwise prohibited bycurrent law.2.14. Fireworks.Absolutely no fireworks are permitted anywhere on The Club Facilities except as part of afireworks exhibit organized and conducted by The Club Operator or its authorized designee and inaccordance with all applicable laws and risk management policies regarding insurance.3

2.15. Weapons.No firearms or other weapons of any kind are permitted on The Club Facilities at any time exceptthose, if any, that police officers and other public servants and security personnel may be required to carrywhile on duty in connection with a specific event or circumstance.2.16. Non-Discrimination Policy.Neither The Club Operator nor any Club employees shall discriminate against any individual basedupon any protected class in accordance with all applicable local, state or federal law.2.17. Cell Phone Policy.Cell phones are not permitted and may not be used on the golf course, spa, dining or any otherportion of The Club Facilities, except under special circumstances or in designated areas when authorizedby The Club Operator.3.1. Reservations.3. RESERVATIONS, SPECIAL EVENTSThe Club recommends reservations for dining, spa treatments and golf tee times. Reservationrequests will be accommodated in the order received, subject to availability. Reservations and a minimumof 24 hours notice are requested in order to accommodate parties of 10 or more.The Club Operator may from time to time require reservations for special events or certain holidayperiods. Reservation requests will be accommodated in the order received, subject to availability. TheClub may establish policies for reservations, advance approval requirements, notices of changes, nonrefundabledeposits, use fees, rules and insurance requirements for certain facilities or events, no-show feesand notices of cancellations, all of which remain subject to change in The Club Operator's discretion andmay vary by time of year, type of event, etc. In addition, the Declarant has reserved certain rights forreservations for special events, as provided in the Covenant.Notice of changes to or cancellations of reservations must be given at least 72 hours in advance forspecial events and no later than 5:00 pm on the evening for which other reservations are requested, or TheClub may charge a no-show fee to the Member.3.2. Meetings and Private Parties.The Club provides a variety of social, cultural and recreational events in which all members areencouraged to participate and all of which are subject to change in accordance with the valued input of itsMembers or other factors. The Club desires to encourage the use of The Club Facilities by Members forprivate functions on any day or evening, provided it does not interfere with the normal operation of TheClub, or with the services regularly available to members. Members are requested to make reservationswith the appropriate Club personnel for available dates and arrangements.4

Members, Ohana Members, and such other persons as The Club Operator may authorize, mayreserve portions of The Club Facilities for meetings and private parties, subject to availability, The ClubOperator's approval, and such terms and conditions as The Club Operator may establish.Reservations for banquets and special events should be made at least three weeks in advance. Anonrefundable deposit may be required for a banquet reservation. Notice of cancellation of a banquet orprivate party shall be given to The Club at least 72 hours in advance or the Member will be charged for eachplace reserved.The Member sponsoring a banquet or private party shall be responsible for the conduct of all guestsand shall be responsible for any damage to The Club Amenities or personal property caused by theMember, Designee, or guests attending the banquet or private party.3.3. Performances.No performance by entertainers of any type will be permitted anywhere on The Club Facilitieswithout the prior permission of The Club Operator, inclusive of any indemnity and/or insurancerequirements reasonably required.4.1. Guest Registration and Fees.4. GUEST POLICIESMembers are responsible for registering their Ohana Members and guests, obtaining passes for theiruse, and paying any applicable fees prior to allowing their Ohana Members or guests to use The ClubFacilities. The sponsoring Member shall be responsible for paying guest fees in such amount as The ClubOperator may establish from time to time, which fees may vary according to the type of guest pass issued.All guest fees and charges incurred by a guest shall be charged to the sponsoring Member's club account andthe Member shall be responsible for timely payment thereof.4.2. Guests.Subject to the regulations set forth in any membership policies and the By-Laws, Members maysponsor nonmembers to use Club Facilities and the Owner of The Lodge at Kukui„ula may sponsor itsguests to use Club Facilities, subject to the following (that sets forth certain extended privileges forunaccompanied Ohana guests as approved by the Board on July 1, 2008:(a) Ohana Members: Ohana Members, as defined above, of a particular sponsoring Membershall be entitled to use The Club Facilities without the Member present at The Club so long as theMember is either occupying his or her residence within Kukui`ula or is otherwise currently on theIsland of Kaua„i, which is subject to verification methods by The Club in its discretion. However,The Club reserves the right to restrict unaccompanied/unsupervised Ohana Members at theClubhouse and other designated Club Facilities for certain activities in its sole discretion. Inaddition to the above and pursuant to a unanimous written consent of The Club‟s Board, aMember's parents, children and grandchildren over 23 years of age shall be granted extended useprivileges without the Sponsor Member in residence or on the Island for up to eight (8) weekswithin any given year, which must be used in minimum one week increments notwithstanding anything5

to the contrary set forth in The Club‟s Covenant and By-laws (“Extended Ohana Privileges”).An Ohana Member may not independently invite additional guests (including other familymembers) who are not otherwise a guest of the Member pursuant to the specific terms set forth inSection 4.2b or c. An Ohana Member of a Golf Member will enjoy The Club Facilities (includinggolf) in accordance with those privileges and golf use fees of a Plantation Member only and notthose of a Golf Member.The Club reserves the right to grant additional requests from Members from time to time foradditional Ohana Member and Guest privileges that are not otherwise set forth in either The Club‟sGovernance Documents, these Rules or approved by The Club Board‟s current policy, which shallbe implemented in the sole discretion of The Club‟s Operator. The Club reserves the right toimpose additional rules or restrictions limiting Guest and Ohana Member access during times whenuse of facilities by Members is especially high, or at other times or for any other reasons as theGeneral Manager of The Club may reasonably determine in the best interest of The Club. The ClubManager shall be authorized and approved to make all decisions relating to Ohana Member Guestaccess issues and to take all actions necessary relative to the granting, limiting or suspending ofrights granted herein without further action by The Club‟s Board.(b) Accompanied Guests of Members: Subject to the following limitations, Members maysponsor an unlimited number of accompanied guests, subject to availability at the time reservationsare requested for the activities requested and other restrictions and guest fees for certain activitiesas The Club Operator may establish from time to time. However, no particular individual who isnot otherwise an Ohana Member as defined above may use The Club Facilities as a guest more thanseven consecutive days in any 24-month period or more than 14 days cumulatively in a two yearperiod, whether sponsored as an Accompanied Guest by one or more Members. All guests must beaccompanied by the sponsoring Member when using The Club Facilities, except in compliance withthe "Unaccompanied Guest" rules set forth in Section 4.2a and Section 4.2c. through Section 4.2fand as The Club Operator may approve in advance.(c) Unaccompanied Guests of Members: With advance notice to and approval by The Club,each Member shall be permitted to sponsor only one unaccompanied guest (who is not an Ohanamember) in a 24-month period, and each such guest shall receive use privileges during thesponsored stay comparable to Plantation Membership use privileges. That particular guest may notuse The Club Facilities for more than one consecutive seven-day visit in a twenty-four monthperiod. For purposes of this subsection, the use privileges for the sponsored stay shall be extendedto the individual designated by the Member and the entire immediate family of such individual,which means only the designated guest, and his/her spouse (or significant other) and/or childrenof any age.(d) The Lodge at Kukui`ula Guests: While staying in either the Plantation Villas or thePlantation Cottages that are part of The Lodge at Kukui`ula facilities, a Lodge Guest may have all ofthe use privileges to The Club Facilities as a Plantation Member but at The Lodge Guest green feerate (including the Guest privileges granted to a Plantation Member, as described herein). Aproperly registered guest may use The Club Facilities, only on the specific date(s) for which theguest is registered.6

(e) Kama`aina Guests: The Club's golf facilities shall provide four daily tee times at Kama`ainarates at specified times for use by County of Kaua`i residents in a manner similar to other local golfcourses with guidelines (including reservations, green fees, cart fees and tee times) described in theGolf documents. This use will include golf/locker room and dining guest privileges immediatelybefore and after the round of golf only, but shall not include access to any other Members-onlyareas of The Club Facilities.(f) Declarant Plantation Members: Declarant Plantation Members, as defined above, shallbe entitled to use The Club and Golf Facilities, invite such guests and pay such fees (or no fees at allin certain cases) in accordance with the policies established from time to time by Declarant in itssole discretion and as provided for in the Covenant and By-Laws.(g) Restrictions on Use: While The Club wants to warmly welcome all guests andnotwithstanding such regulations, The Club Operator additionally reserves the right to limit thenumber of guest passes it issues during busy periods and peak hours of use for any of the guestsdescribed in this section. The Club Operator further reserves the right to place restrictions withrespect to the age, frequency of use and the number of guests at certain of The Club Facilities.Further, except as provided above, there are no other permitted guests unless approved by TheClub Operator and as provided for in the Covenant and By-Laws.(h) Tenants: Tenants of any Property within Kukui`ula (regardless of the term of such lease orany provisions to the contrary found in any lease) must meet the criteria specified in Section 4.2athrough Section 4.2d or no use privileges for The Club facilities will be granted.4.3. Identification.If issued by The Club Operator, Guests shall carry their guest passes at all times when using TheClub Facilities. The Club Operator reserves the right to request picture identification from guests at anytime while on The Club Facilities.4.4. Conduct.All guests are expected to comply with these Club Rules and all other policies established by TheClub Operator. The sponsoring Member is responsible for the conduct of his or her guests while on TheClub Facilities. Any guest who, in the reasonable determination of The Club Operator, is not incompliance, or whose conduct is disruptive, abusive, or otherwise inconsistent with the standard of conductexpected from Members, may be asked to surrender his or her guest pass and leave The Club Facilitiesimmediately.5.1. Hours of Play.5. GOLF RULESThe hours of play shall be posted in the golf shop. The golf course and practice area may be closedfor general weekly maintenance on such day and during such times as The Club Operator may determine.The Club Operator shall determine when the golf course is fit for play.7

5.2. Tournaments.The Club Operator and/or Declarant may from time to time sponsor golf activities andtournaments for Members, Ohana Members, and guests (in addition to tournaments for golfers other thanmembers). Notices of such activities will be posted in the golf shop or otherwise communicated to thoseeligible to participate. The course may be closed to regular play during the hours of such activities. Closingdates and times will be announced in advance.5.3. Tee Times.The Club Operator shall establish in its discretion, the number of days in advance that each type ofMember may reserve tee times in advance for golf play Monday through Thursday and in advance for golfplay Friday through Sunday. Such policies may change from time to time in The Club Operator'sdiscretion.All players must have a tee time reserved through the golf shop, and all players' names are requiredfor tee time reservations.Golf Members may reserve individual tee times with no advance restriction, except that no“standing” reservations will be accepted. Plantation Members and Ohana guests of Golf Members mayreserve tee times no more than 24 hours in advance of the time of play.Tee times may be reserved in person, by phone or by e-mail during golf shop hours.Tee time changes must be approved by the golf shop.Any person with a reserved tee time should notify the golf shop of any cancellation as soon aspossible. Players who fail to cancel their tee time at least 24 hours prior to the reserved time may becharged a fee for the unused rounds as The Club Operator may determine.Twosomes may play at the discretion of the golf shop staff. Twosomes should not expect to playthrough foursomes and should not exert any pressure on the groups ahead of them on the golf course.Twosomes and singles will be grouped with other players, if available, with starting times to be determinedat the golf shop, if necessary. Singles may not reserve tee times.Groups of five or more players shall not be permitted on the golf course at any time except with theprior approval of The Club Operator.5.4. Registration.All players must check in and register in the golf shop before beginning play. If issued by The ClubOperator, all Members must present their membership cards upon registration. Failure to check in andregister at least 10 minutes prior to a reserved tee time may result in re-assignment or cancellation of thetee time, at the discretion of the starter.8

5.5. Golf AttireAppropriate golf attire is required for all players on the golf course and practice area. The Clubmay establish from time to time the appropriate attire for men and women golfers during different seasons,which is subject to change in The Club Operator's discretion. Members are expected to ensure that theirauthorized users and guests are appropriately dressed. Improperly dressed golfers will be asked to changebefore playing. Disregard of proper dress requirements may result in suspension of playing privileges.For use of The Club‟s Golf facilities, proper shirt attire shall at a minimum include a collared shirtor mock tee as demonstrated by merchandise in our golf retail area and tank tops, and halter tops are notpermitted. Shorts are allowed for play providing they are not swim/board shorts, short shorts, cut offs, ordenim. For golf play, Golf shoes must be worn at all times. All golfers shall wear golf shoes with spikes onthe golf course; metal spikes are prohibited. Large rubber spikes and field shoes are not permitted.Golf shoes must be confined to designated areas when worn inside the clubhouse.Any established dress code shall be mandatory for all players. Improperly dressed golfers may berequired to change before playing. Club Operator, in its sole discretion, shall determine whether a golfer isproperly attired.5.6. Discontinued Play Policy.When inclement weather causes termination of play, rain checks (valid for use within the limitedtime period indicated) may be issued in the discretion of The Club Operator. It will be the soleresponsibility of the player to request a rain-check from the golf shop.5.7. Practice Area.Practice balls are for use on the practice area only. Practice balls may not be used on the golfcourse. Any golfer using practice balls on the golf course will be immediately removed from the golfcourse. Each player using the practice area must use the practice balls provided by the golf shop.Practice balls must be hit from designated areas only. No hitting is permitted from the rough orsides of the practice area. Retrieving and replaying balls after they have been hit is not permitted.5.8. Lessons.Lessons by unauthorized professionals are prohibited on the golf course and the practice area.5.9. Rules of Play.The Rules of Golf as adopted by the USGA together with the Rules of Etiquette as adopted by theUSGA shall be the rules of The Club, except when modified by local rules or by any of the rules herein.Practice is not allowed on the golf course. The practice area and the practice putting green shouldbe used for all practice.9

Speed of play will be strictly enforced. If a player or group fails to keep its place on the course andfalls behind the preceding group by more than one hole, the player or group must allow the following groupto play through. The same must be done when a member of the group stops to search for a lost ball. Nomore than five minutes shall be used to search for lost balls. If a player is repeatedly warned for slow play,The Club Operator or its designees may take such action as it deems appropriate, including withoutlimitation, restricting the person's use of the golf course during certain times of the day.All players who stop for any reason after playing nine holes must either occupy the next tee beforethe following group arrives at the next tee or yield until there is an opening or they shall lose their positionon the golf course and must get permission from the starter to resume play.Each player must have his or her own golf bag and set of golf clubs; sharing of clubs is notpermitted.All players shall enter and leave bunkers at the nearest level point and smooth sand over with a rakeupon leaving.Players shall repair all ball marks on the green.No person shall remove golf balls from water hazards or roughs without prior authorization fromthe golf professional except that a player may, during the course of play, retrieve or play a golf ball that theplayer has just hit.Golf play may begin only from the first or tenth tees, except during tournaments and specialevents, as directed by the golf shop staff.If inclement weather conditions exist in the area, all play shall cease. It is the player's responsibilityto be aware of such stormy conditions and seek the most appropriate shelter immediately.Proper golf etiquette shall be observed at all times."Cutting-in" is not permitted at any time.No beverage coolers are permitted on the course unless provided by The Club Operator.5.10. Golf Course Etiquette.Players should anticipate the club or clubs they may need and be ready to play when it is their turn.If delayed in making a shot, a player should indicate to another player to proceed (which shall not beconsidered playing out of turn).The time required to "hole out" on and around the green is a chief cause of slow play. Playersshould study and clear the line of their putt while others are doing the same so as to be ready to putt when itis their turn.10

When approaching a green, players should park their golf carts on the cart path on the best directline to the next tee, rather than in front of the green. This can save significant time. Never leave the golfcart in front of the green.When play of a hole is completed, players should leave the green promptly and proceed to the nexttee without delay, scoring for the completed hole while others in the group are playing from the next tee.Players should be aware of and maintain proper pace of play. If unable to maintain the pace of play,the players behind should be allowed to play through. While being sociable, reserve your extendedconversations for the 19th hole.5.11. Handicaps.Handicaps will be computed under the supervision of the golf shop in accordance with the currentUSGA Handicap System. The Club Operator may require a USGA approved handicap to participate intournaments. The golf professional may review any handicaps submitted.Members and Ohana Members are responsible for keeping accurate records of their scores andturning in their scores for all rounds played on a daily basis. Failing to turn in a score shall result in theposting of a score equal to the lowest score on record for such individual. The golf shop shall assist anyoneneeding help with the posting procedures.5.12. Operation of Golf Carts.No person shall use the golf carts without prior assignment by and registration in the golf shop.No private golf carts shall be permitted on the course.Use of golf carts is not required. The Club Operator, in its sole discretion, may establish a caddieprogram.Each operator of a golf cart must be at least 16 years of age and have a valid automobile driver'slicense.Golf carts are not to be used off the golf course except by such personnel as The Club Operator orits designee may authorize.road.Golf cart operators shall observe all pavement markings, traffic signs, and other basic rules of theEach golf cart operator must adhere to current golf cart traffic rules and signs as determined andposted by The Club Operator or its designee. Golf cart traffic rules and signs are subject to change due togolf course conditions.Each person riding in a golf cart provided by The Club Operator will be charged the prevailing golfcart rental fee on a per person basis.11

Golf carts shall be driven on the golf course only during the day when the course is open for play.Golf cart traffic on the golf course is restricted to 9-hole and 18-hole rounds of play. Starting times must bescheduled as provided in Section 5.3.Golf cart operation is restricted to the designated areas of the golf course, designated cart paths,and designated road crossings. Golf carts are not permitted on any tee area of the practice area. Parking ofgolf carts is allowed in designated areas only. At no time shall the operator of a golf cart traverse privateproperty, sensitive landscaping, or pedestrian sidewalks.Golf carts shall be driven in a safe manner. Where possible, do not follow other cart tracks andavoid soft spots in the turf. No more than two golfers and no more than two sets of clubs are permitted pergolf cart.Violation of the rules for golf carts set forth in this section may result in the revocation of golf cartprivileges and playing privileges in addition to such other sanctions as are authorized under the MembershipPolicies.Operation of a golf cart is at the risk of the operator. Cost of repair to a golf cart that is damagedby a member or an Ohana Member shall be charged to the Member's Club account, or in the case of damageby a guest, to the sponsoring Member's account.All persons using golf carts on The Club Facilities shall, upon The Club Operator's request, sign arelease of liability that holds The Club Operator, its affiliates, and their respective officers, directors,employees, and agents, harmless as a result of any injury, loss, or damage relating to the operation of thegolf cart.5.13. Walking and Other Activities.Players may be permitted to walk the golf course during play only at such times as the golfprofessional may determine, in its judgment, that walking will not compromise the pace of play and thenonly in strict compliance with such rules as the golf professional may establish.All players walking the golf course must keep up with the pace of play so as not to delay playersbehind them.Players shall not place golf bags on greens at any time.Recreational walking (i.e., by persons who are not playing golf), jogging, bicycling, and fishing arenot permitted on the golf course at any time that the golf course is open for play.5.14. Amendments to Section 5.The Club Operator reserves the right to immediately modify, without prior notice or approval ofits Members, any portion of Section 5 to the extent required by any local, state or federal regulation asdetermined by The Club Operator‟s interpretation of same.12

6. TENNIS RULES(Note: The timing of construction, the exact location, details of tennis facilities and specific tennisrules are not yet finalized. The following preliminary overview is provided for your generalinformation only and is subject to change.)6.1. Hours of Play.The hours of play shall be posted at the tennis courts. Use of the tennis courts shall be subject tothe control of The Club's personnel. The Club's personnel shall determine the suitability of the courts forplay. Courts may be closed when necessary for maintenance, special events, and when the tennis staffdeems it necessary due to safety considerations or adverse weather conditions.6.2. Court Times.Court reservations may be made in accordance with the reservation system instituted by The ClubOperator. No standing reservations will be accepted.Singles and doubles may play on a court for a limited time period set forth by The Club Operator,except for certain times designated by the tennis staff that may exceed such play restrictions.Any person with a reserved court time shall notify The Club Operator of any cancellation as soon aspossible. Players who do not use and fail to cancel a court time at least one hour prior to the reserved timemay be charged a fee as The Club Operator determines.The Club Operator may reserve courts for special events when needed.6.3. Registration.All players must check in and register at the pro shop at least 10 minutes prior to their court time,or the court will be released to the first name on the waiting list.6.4. Tennis Attire.Proper tennis attire, as determined by the tennis staff, is required at all times for all players. Colorsare permitted. Regulation tennis shoes are required. The Club's personnel may ask improperlydressed players to change before playing.6.5. Rules of Play.The Rules of Tennis of the U.S.T.A. shall apply at all times except when modified by local rules orby any of the rules herein.Players must promptly relinquish their court to the next players at the end of their playing period.Once a Member is off the court, the Member may sign up for the next available court time.13

6.6. Court Etiquette.Proper tennis etiquette shall be observed at all times. Excessive noise, racquet throwing, orprofanity will not be permitted at any time. Trash and other litter must be deposited in the properreceptacles.Skateboards, bicycles, roller and in-line skates, etc. are prohibited on the courts.All persons preparing to enter or cross a court should wait until play has halted, then proceedquickly and quietly to their assigned court.All persons requesting the return of a tennis ball from another court should ask only when play onthat court has halted. Players should not retrieve a tennis ball from another court themselves.All persons should refrain from loud or offensive language on the court or while spectating. A lowprofile is both appropriate and appreciated.Persons not playing should stay off the court surfaces.Children should not play games in the area of the pro shop or courts.7. POOL FACILITY RULESCustomary rules regarding the enjoyment, use, attire, safety, health, hours of operation, agelimitations and prohibited activities for use of any pool facility will be posted by The Club Operator andmay be changed from time to time. Any member, Ohana Member, or guest who, in any manner, makesuse of or accepts the use of any of the Pool Facilities does so at his or her own risk and agrees that The ClubOperator, the Association, the Declarant, and their respective employees, contractors, representatives andconsultants shall have no liability for personal injury or damage to personal property occurring in the courseof or arising out of such use. Due to the Pool design, effective lifeguarding would not be possible due tolimited visibility from outside the Pool in many areas, and Members are advised that no Pool Attendant willbe provided for purposes of supervising swimmers at any time.7.1. Operating HoursRegular operating hours for the pools will be posted by The Club and may be changed from time totime. Use of the pools is permitted only during designated hours. The pools are officially closed when a“CLOSED” sign is posted.7.2. RegistrationAll guests must register upon entering any pool area.14

7.3. Swim AttireAll swimmers must wear swim attire designed and intended by the manufacturer for swimming.Cutoffs, dungarees, denim, and Bermuda shorts are not considered appropriate swim wear. When outsidethe pool area, shoes and shirts, caftans, or bathing suit cover-ups must be worn over bathing suits.7.4. Pool UseUse of the pools at any time is at the swimmer‟s own risk. Any injuries or accidents should bereported to the attendant immediately. No life guard is on duty.pools.All pool users must comply with the rules and policies posted at each pool relating to use of theAll pool users should shower before entering the pool to remove oils and suntan lotions.All persons using pool furniture are required to cover the furniture with a towel when using suntanoils and lotions. The use of these oils and lotions could stain or damage the furniture.Persons who leave the pool area for over 30 minutes must relinquish lounges and chairs byremoving all towels and personal belongings.Children who do not swim and other children who are under the age of 12 must be accompanied bya parent or responsible adult (defined for purpose of Section 7.4, as an individual 23 years of age or older)at all times.Children must be at least three years of age and potty trained to use the pool. Children wearingdiapers are not permitted in the pool.Glass objects, drinking glasses, and sharp objects are not permitted in the pool area.Lifesaving and pool cleaning equipment should be used only for the purposes intended.The throwing of footballs, frisbees, tennis balls, or other objects, spitting or spouting water, tag games,running, and noisy or hazardous activity is not permitted in the pool area. Pushing, dunking and dangerousgames are prohibited.Snorkeling equipment, other than a mask, may not be used in the pool area except as part of anorganized course of instruction.Radios and other sound devices may be used in the pool area only if used with personal earphones.Food is allowed only in designated areas of the pool facilities.15

All persons using the pool area must cooperate in keeping the area clean by properly disposing oftowels and all litter.Private parties may be held in the pool area only if arranged in advance with approval of The Club.Animals (other than those required by law), bicycles, skate boards, play balls of any type, andcoolers are not permitted in the pool area.Pool users shall obey pool attendants at all times. Pool attendants have the authority to enforce thepool rules and supervise the general conduct of pool users but are not serving in the capacity of a lifeguard.Pool attendants may require persons who violate the pool rules or engage in inappropriate conduct in thepool area to leave The Club premises immediately.7.5 Illness, Medical Conditions;(a) Persons are not permitted in a pool if they have a cold, cough, fever, infection of any kind,inflamed eye(s), skin rashes, or are wearing bandages.(b) Persons with physical or neurological disabilities, or a responsible adult accompanying thatperson, must advise Management of such conditions, which information shall be handled in astrictly confidential manner for the mutual benefit of all parties.8.1. Operating Hours.8. FITNESS CENTER RULESRegular operating hours for the fitness center will be posted by The Club Operator and may bechanged from time to time.8.2. Workout Attire.Casual workout attire is acceptable at the fitness center: tee-shirts, gym shorts, or warm-up pantsfor men; leotards, tights, tee-shirts, gym shorts, or warm up pants for women. Proper footwear isrequired. Tank tops, halter tops, biking shorts, swim shorts and short shorts are not permitted. Jewelryand hair should be worn in a manner appropriate for the safe performance of the physical activity.For use of the Movement Studio, leather soled and black rubber soled shoes are prohibited8.3. Use of the Facilities.Customary rules regarding the enjoyment, health, safety, age limitations, equipment rules, andprohibited activities for the fitness center will be established and posted by The Club Operator and may bechanged from time to time. This shall include, but will not be limited to the following:No smoking, eating or drinking (except for water) is permitted in the fitness center.No clothing or personal articles may be stored under benches or in the common areas.16

Children under 16 years of age are not permitted to use the fitness center facilities, even ifaccompanied/supervised by an adult.Stereo, television, and tapes should not be turned up so loud as to disturb others.The Club Operator may impose time limits or other rules upon an individual's use of high-demandequipment and facilities during peak hours. The Club Operator will post such policies in effect from timeto time.All persons shall obtain instruction on how to use the equipment prior to using such and shall usethe equipment only in accordance with such instructions.All weights and other equipment must be returned to their proper places at the completion of use.All persons using the fitness center assume full risk of loss and responsibility for damage to theirhealth. It is the responsibility of all users to consult a physician before using any facilities of the fitnesscenter. All persons using the fitness center shall be in good physical condition and have no physical,medical, or psychological conditions, disabilities, impairments, or ailments, chronic or otherwise, thatwould preclude, impair, or prevent use of the fitness center or participation in active or passive exercise.Any person with health or physical problems should obtain his or her physician's permission before using thefitness center.Pregnant women should not use the facilities of the fitness studio that would elevate their core bodytemperature above safe levels.Guest fees may be charged for the fitness facilities. If fees are established, the Member's clubaccount will be billed.9.1. Spa Use.9. SPA AND LOCKER ROOM RULESThe Spa was created to promote and encourage relaxation; hence, treatments and experiences arebased on rejuvenating, renewing, and inspiring the mind, body, and spirit. Please respect the tranquilnature of the Spa and the surrounding areas. Customary rules regarding the enjoyment, health, safety,operating hours, reservations, cancellations and age limitations for the Spa will be established and posted byThe Club Operator and may be changed from time to time. Guest fees may be charged for the spa services.If fees are established, the Member's club account will be billed.9.2. Use of the Facilities.Children under the age of 16 must be accompanied, in the presence of, and supervised by an adultat all times in the Spa and locker rooms.Certain areas will be designated as co-ed facilities.17

To maintain the tranquility of the Spa environment, televisions will be required to be at theirlowest volume at designated times in The Club Operator's discretion.Allow yourself at least 30 minutes before your scheduled appointment to check in and maximizethe benefits of your treatment by enjoying the steam, sauna, or soaking tubs.Appointments are recommended for all Spa treatments. Any person with an appointment shallnotify The Club Operator of any cancellation as soon as possible. Individuals who do not cancel orreschedule their appointment at least 4 hours prior to the appointment may be charged a "no show" fee.For the Members‟ convenience, robes, slippers and towels are available for use in the lockerrooms. Please place used items in the appropriate hampers before leaving the locker room area.The Club recommends that valuables not be brought into the locker rooms. Each person whoenters and uses the locker rooms assumes full responsibility for the loss of any items stored in a locker orany common closet.All persons using the locker rooms are expected to dispose of trash in proper receptacles and storetheir personal property in lockers or remove it from the locker room when not in use. Personal itemsshould not be left in showers or dressing areas.As a convenience, The Club will automatically add a service charge to the Member‟s account foreach treatment.18

10. FARM AND LAKE AEPOEHA10.1. Farm and Lake Use.The farm (“Farm”) and Lake at Aepoeha (“Lake”) were created to be an added dimension of living atKukui`ula. The Farm and Lake are recreational opportunities meant to enhance the enjoyment of Kukui`ulaliving. The Farm and its gardens are an amenity for all club members to enjoy and share. While safety for allwho use the Farm and Lake are top of mind for the Club Operator, it is important to note that there areinherent risks to any outdoor facility in a natural setting (particularly one with a water feature). The Lake‟sprimary function is for irrigation purposes, and as a result the water levels of the lake are subject to changeand outside of the Club Operator‟s control. The trails surrounding the Lake are exposed to remain rusticand unpaved. Rules, guidelines and recommendations regarding the enjoyment, health, safety, operatinghours, reservations, cancellations and age limitations for the Farm and Lake will be established and postedby The Club Operator and may be changed from time to time. Fees may be charged for certain of the Farmand Lake services, events and programs. If fees are established, the Member's club account will be billed.10.2. Use of the Facilities.While the Farm and Lake are not staffed at all times, we ask that you limit your access to theseareas and observe the posted hours of operation. Entry into this area is at your own risk. Members areobligated to advise their Ohana and guests .All persons using the Farm and Lake area are expected to participate in keeping the area clean at alltimes by promptly and properly disposing of all litter when they leave.Radios are allowed, but must be managed so as not to interfere with others enjoyment of the area.Waivers must be signed by anyone using the farm or the lake.Children under the age of 18 must be accompanied, in the presence of, and supervised by an adultat all times in the Farm and Lake area.Gates must be kept closed at all times. The surrounding area is periodically visited by wild pigs,cattle and other natural wildlife, which would severely damage the Farm and its crops if they were allowedto enter the site.Only management approved water craft are allowed in the lake. No motorized watercraft areacceptable for use in the lake, except for the limited purpose of maintenance conducted by authorizedrepresentatives.Smoking, firearms, bow and arrow, fireworks, are not permittedNo hunting is allowed in the Farm and around the Lake.No ATV or motorcycles are allowed on the Farm or Lake trails.No camping or overnight stays.19

Observe all posted signs and placards.Farm, Trails and Lake areas are subject to closure due to weather, repair or maintenanceconditions, as determined by the Club Operator.10.3 FishingThe Lake will be stocked with small game fish for catch and release fishing only (no exceptions).Please use extreme caution when casting your line to avoid contact with others. The State of Hawaii doesnot have a fishing license or education requirement. The Club Operator from time to time will have classeson fishing for members.10.4 SwimmingIt is not advisable to use the Lake for swimming. There is no lifeguard on duty. Leptospirosisbacteria may be found in fresh water pools and streams in Hawaii.10.5 BoatingWatercraft may be provided for our Members‟ use. Anyone using the watercraft is required to uselifejackets. Instructions regarding the proper use of all equipment is provided and must be followed.Members may bring their own watercraft for use in the Lake. All watercraft must be approved foruse by Club Management. Members may not park or store personal watercraft at the Lake and assumeresponsibility for its proper storage in accordance with the Design Guidelines, maintenance and protectionfrom all risks to the vessel and its occupants.10.6 Gardening and Harvesting from the FarmThe intent of the Farm amenity is first to be a place of relaxation and enjoyment for Members ofThe Club. The activity of growing produce, fruits and flowers is intended to enhance the beauty of thelocation and add a lifestyle dimension to the amenity. The Farm is not endeavoring to be a commercial farmand its mission is not to generate products for all Club Members.From time to time the Farm will have produce, fruit or flowers that may be picked by Members.The harvesting will be managed by Club Operator to maintain the function and beauty of the Farm. TheFarm is limited in size and resources and is intended as an amenity for Club Members. As a result, theremay not always be product available for every Club Member. It is important that every Member respectsthis fact and “samples” items rather than takes any items in large quantities, in order to leave product forother Members to also enjoy.Harvesting is limited to specified locations within the Farm at any given time and randompremature harvesting by Members is prohibited. Plants in all other areas are to remain undisturbed andallowed to regenerate, as directed by Club Management.20

Members may request the use of a raised bed for the purpose of gardening. The availability of thesebeds is limited and are assigned on a first come basis.Members electing to personally participate in the gardening process will be responsible forproviding their own seeds, bulbs or seedlings, small tools, gloves, goggles, and other gardening needs.These personal tools and equipment are not to be stored at the Farm and must be removed each day by therespective Member.Members are responsible for their own weeding and upkeep of their assigned garden bed. If bedsbecome unkempt, the Member will be notified by the Farm staff and the bed must be addressed within oneweek‟s time. If the problem is not addressed, the bed will be tilled in and re-assigned.Members will only use approved herbicides or pesticides. While the Farm is not an organic farm,care is given to use sustainable practices that will have minimal impact on the surrounding areas. Failure tocomply will result in immediate forfeiture of garden bed.Once assigned, the garden plot must be active at all times. If a Member is unable to attend to theirgarden bed for a period of more than two weeks, they must notify Club management.10.8 PetsPets (other than assistive animals) are not allowed into the Farm or the Lake.21

11. DISCIPLINARY ACTIONIn addition to such matters as set forth in Section 3.4 of the By-Laws, The Club may institute disciplinaryaction against any Member or other person entitled to enjoy the privileges of any membership for goodcause, as determined by the Board. Section 6.11 of the Covenant shall specifically not apply to disputesbetween The Club and its Members related to a Member's payment of its Club Assessments and disciplinaryactions by The Club against a Member. Further, in the event of a conflict between Section 10 of the Rulesand the By-laws (and any amendments thereto) relating to permitted types of disciplinary action, the By-Laws shall prevail. "Good cause" shall include, but shall not be limited to, the following:(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)(l)(m)breach of failure to observe any of The Club Rules;submitting false information on any Candidate Profile or other document submitted to TheClub;permitting a membership card to be used by anyone other than the designated holder;behavior or conduct on or off The Club premises which the Board determines in its solediscretion to be detrimental to the interests, safety, welfare, well being, harmony orreputation or standing of The Club, its officers, directors, employees, or Members;fails to pay any amount owed to The Club in a proper and timely manner;engages in the commercial solicitation of Members, their family members, their guests, orResort Guests at The Club Facilities or Resort Facilities without prior written approval byThe Club;treats personnel or employees of The Club or other persons using The Club Facilities in anunreasonable, harassing or abusive manner either verbally or physically;fails to accompany an accompanied golfing guest for the entire round;exhibits any other misconduct appropriate for restriction or suspension of use privileges asdetermined by The Club Management;unauthorized use or abuse of The Club facilities by the Member or his/her guests;conviction of a felony or of a misdemeanor involving moral turpitude;otherwise fails to abide by these Club rules orany such other reasons as the Board shall reasonably determine to constitute good cause.Management may at any time, and from time to time, restrict or suspend, for cause or causesdescribed in the preceding paragraph, any Member's privileges. During the restriction or suspension, duesand other fees and charges shall continue to accrue and shall be paid in full prior to reinstatement as amember in good standing.22

Notwithstanding restriction or suspension of a Membership or use privileges, a Member shallremain liable for any and all amounts owed to The Club. The Member will not be entitled to a refund ofdues or fees previously paid to the Club and will not be relieved of any obligations to the Club, includingwithout limitation, payment of any dues.23