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EBG attorneys represent clients in all aspects related to club memberships and operations including asset acquisition, development, and disposition; project financing; environmental matters; governmental permitting, licensing, and compliance; land use and zoning; and tax-related matters. Our attorneys' diverse array of project experience includes equestrian, golf, hunting, ski, social, swim, and racket clubs; yacht clubs and marinas; health and wellness facilities; spas; and large-scale resorts.

Of particular relevance to developers, owners, and operators of such projects are our firm's capabilities with respect to governance and membership plans and operational matters.

Club Governance and Membership Plans

An essential component to the success of any club is a viable membership structure designed to meet the return of capital and cash flow expectations of the developer, the club operator, lenders, and others involved in the project. Equally important, the club governance, which is generally set forth in the club membership plan, must be designed to facilitate the marketing of new memberships, encourage the retention of existing members, and provide the club management and members with a solid framework for club operations.

EBG attorneys have the depth of experience to work with clients to design membership plans to meet these requirements and can advise on critical factors such as:

  • Choice of club entity
  • Club advisory and governance boards
  • Considerations relating to mandatory memberships
  • Conversions
  • Court and tee time agreements and policies
  • Creation of a member-owned "equity" or non-equity "right to use" structure
  • Initiation fees and membership deposits
  • Membership classifications, privileges, and reciprocal use arrangements
  • Private/Public play arrangements
  • Securities matters
  • Special issues involving family, extended family, and significant other use privileges
  • Transfer, resignation, hardship, and refund matters
  • Updates to existing memberships

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Club Operations

In addition to the firm's global experience in labor and employment matters, members of our team have particular experience regarding the unique operational concerns faced by those in the club, resort, and hospitality industries. Our team offers advice and counsel with respect to:

  • Audits and internal investigations
  • Club professional and club employee employment agreements
  • Collections
  • Employee applications and handbooks
  • Facility use and management agreements
  • Food and liquor licensing and permitting
  • Immigration and nationality
  • Insurance
  • Intellectual property and club branding and trademark issues
  • Operational permits
  • Public accommodation, discrimination, and ADA matters
  • Public health and safety requirements
  • Rule violations and enforcement
  • Sales and marketing agreements and disputes
  • Special events
  • Tournament agreements

EBG attorneys provide practical and common-sense advice and counsel to clients in the club, resort, and hospitality industries. We are committed to delivering the highest quality of legal services, supported by the firm's network of cutting-edge technology and resources, as part of our client's effort to have a successful recreationally-related project.

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