U.S. and Canadian Persons are
not allowed to purchase memberships.
Download
the PDF of the Application Disclaimer
<<
Adobe Acrobat Reader is required to view the downloadable forms on this
website. If you cannot open the forms, download the free Acrobat reader
here.
- Memberships in the Club Marlin Pacifica Fishing Club are perpetual
fixed-unit/fixed-interval Memberships and are for use only and not for
profit.
- The Club facilities and boats will be acquired with funds received
from the sale of memberships and will only be available for use by the
Members.
- Club Members are only entitled to use the facilities and boats but
are not entitled to receive profits, income, or dividends from said
Membership. There is no potential or expectation of profit, income,
or dividends now or in the future.
- Memberships are not transferrable except as part of an estate and
must be sold back to the Club, as set forth by the Board of P.S.A.,
the Developer, at an amount not to exceed fair market value.
- No guarantee, representation or indication is made that future Memberships
will have a market or will or could increase or decrease in price.
- Memberships do not constitute a profit-sharing agreement, investment
contract, or partnership.
- No promotional materials offer to sell any type of an investment,
common enterprise, or projects, any expectation of profit, income, dividends,
or interest payments.
- There are no tax or economic benefits from use or rental of the Membership
derived from managerial efforts of the Developer or a third party designated
or arranged by the Developer.
- Members do not have any equity or ownership in the Club real estate,
boats, furniture, fixtures, or equipment, or interest in the profits,
income, or dividends from said equity or ownership.
- The subjective intent of all Membership purchasers is solely for
the use of the Club facilities and boats.
- This is a commercial facility and has been established by the Developer
to generate an ongoing profit.
- The Developer is not a loan or finance company nor is it involved
in real estate closings, settlements, and/or collateral arrangements.
- The Developer will engage in an organized, systematic, and documented
due diligence research program reviewing each applicant before issuing
any Membership.
- The Developer has the sole and undisputable right to accept or reject
any application for membership.
- No rental agreement or pool is being offered by the Developer or
a third party designated or arranged by the Developer.
- The Membership purchaser is motivated exclusively by the desire to
occupy the Club’s casitas and use the Club’s fishing boats
with no collateral or hidden expectation or hope for profit, interest,
rent, appreciation, income, or dividends.
- The Member is not required to rent the unit or boat at any time they
are not being used by the Member or otherwise be materially restricted
in the occupancy, use, or rental of said Casita or boat.
- There is no administrative agency in Panama that requires compliance
procedure for approval for the sale of Memberships.
- The thing being sold by the purchase of the Membership is a contract
for a service and not a specific piece of tangible property.
- The Member, by signing the Club Membership Application and entering
into the Membership Contract for services to be rendered, expressly
states that they have or expect to have no pecuniary profit, income,
or dividend in the Club’s property or assets but that they only
purchased and expect a proportionate, undivided interest in the use
of the Club facilities and boats.
- No representations or inducements are made regarding the profitability
of the Membership.
- The Member may not pledge or hypothecate their Membership. The Applicant,
before purchasing a Membership in the Club, should perform their own
due diligence and research to ensure that they fully understand and
agree with the restrictions and obligations of each Member as well as
the limitations on use of facilities, resale rights, type of project,
environmental standards, local and national customs, health and safety
standards, security, legal, judicial, and legislative requirements.
Should the Applicant lack the knowledge, skill, or ability to understand
the restrictions and obligations of Membership in the Club, said Applicant
should NOT purchase a Membership.
- The Applicant understands that the Club is located on an island,
within the Gulf of Chiriqui National Marine Park, and that the government
of Panama has now, and may expand, regulations and limitations on the
use, development, maintenance, operation, access, inspections, and fees
that encompass the land, water, and air.
|