Golf & Private Clubs

Foley provides strategic counsel to owners, operators, developers, lenders, and investors in golf and private clubs, helping them navigate the complex regulatory, business, transactional, and operational challenges unique to the golf and private club industry. Foley assists with structuring, financing, and operations guidance to golf and private clubs to provide insight to the client in order to allow clients to maximize asset value, protect their investment, and achieve their business goals. Our key areas of focus include:

• Membership Programs & Club Governance – Advising on equity and non-equity membership structures, documentation, governance policies, and compliance with club documents.
• Management Agreements – Structuring and negotiating agreements for management and unique partnerships.
• Real Estate Development – Assisting with acquisitions, zoning, entitlements, and master-planned community developments around golf courses, private clubs, and mandatory clubs.
• Mergers, Acquisitions & Financing – Assisting with the sale, acquisition, and financing of golf clubs, resorts, and integrated hospitality assets.
• Operations – Providing legal guidance on operations, food and beverage management, and owner/guest services.
• Sponsorships & Corporate Partnerships – Negotiating sponsorships, naming rights, and strategic partnerships to enhance revenue opportunities.
• Event & Tournament Management – Structuring contracts for professional and amateur tournaments, vendor agreements, and media rights.
• Employment & Labor Compliance – Advising on workforce issues, seasonal employment, immigration, and compliance with wage and hour regulations.
• Environmental & Sustainability Compliance – Guidance with environmental regulations along with compliance with regulations related to water usage, conservation, and sustainability initiatives.
• Risk Management & Liability – Assisting with the mitigation of risks related to guest safety, course maintenance, and relationship with the community and owners’ association.

The Foley team has deep longstanding ties with the professional golf community, which facilitates our ability to make valuable introductions and unlock opportunities.

Representative Clients

• Assisted a European resort developer with corporate and tax advice, development and operating entities, and with structuring the offering of Rosewood branded residences in a luxury hotel for sale residential mixed-use, master planned community to be located in Barbuda. In addition to structuring advice, Foley’s representation included preparation of condominium, club, and purchaser offering documents.
• Represented 32 Winds, LLC, a preeminent club-within-a-club that is in the process of being that owns residential interests and golf memberships in private residence clubs and golf clubs located around the country, in the structuring of its limited liability company entity.
• Represented a client in connection with: (a) Restructuring the membership program for a prominent high-end private golf club in Georgia and preparing all new membership documents and agreements; and (b) Restructuring the cottage/bungalow occupancy agreements and the cottage/bungalow designee privileges agreements and preparing all new documents and agreements.
• Represented a home builder in connection with the acquisition of Parkland Golf & Country Club, a development project located in Southeast, Florida, which included golf and country club facilities structured as an equity club.
• Represented a private real estate development company in connection with the acquisition of a development project in Southwest Florida, which includes golf and country club facilities structured as an equity club.
• Represented a prominent high-end golf club in connection with revisions to its membership program.
• Represented an exclusive high-end private country club in connection with updating and modernizing its bylaws.
• Represented an exclusive private club in connection with revisions to their bylaws and other governing documents of the club.
• Represented an owner-operator of private golf and country clubs in the acquisition of the club known as The Club at Pasadera located in Monterey, CA.
• Represented an owner-operator of private golf and country clubs in the acquisition of the country clubs known as Northgate Country Club, located in Houston, TX, and Walden on Lake Conroe Golf Club, located in Montgomery, TX.
• Represented Arcis Equity Partners, LLC in the revision of club membership documents for The Club at Pradera and The Club at Snoqualmie Ridge.
• Represented Arcis Golf in connection with all of their private club acquisitions and restructuring of their private club membership programs.
• Represented developers of planned unit development, five condominium projects, golf membership program with Nicklaus and Watson design golf courses, spa, and water park.
• Represented Enterprise Car Rental and negotiated various sponsorship agreements with professional golf.
• Represented Kaiya Club, a privately owned club and operated social and resort club facility located in Santa Rosa Beach, FL. Our team assisted in documentation of the membership plan for the Kaiya Club.
• Represented Kitson & Partners, LLC, the owner of Ibis Golf and Country Club, a large golf and social club located in the Ibis Golf and Country Club 1700 unit master planned community in West Palm Beach, Florida with respect to the turnover and conveyance of the Club to its members and the implementation of an equity membership program.
• Represented large publicly traded entertainment company in the structuring and preparation of the membership documents for a private club located in a master planned residential community.
• Represented Mayacama Golf Club, a private club located in Sonoma, in its sale of membership interests based upon a 30 year refundable deposit, similar to golf club membership programs, and in its registration of the time share interest with the California’s Department of Real Estate.
• Represented NEXUS, an international hospitality real estate and asset management company, in its new partnership to develop and manage The Wellington, a new 600-acre luxury equestrian themed residential club in Wellington, FL, designed to celebrate the best of South Florida.
• Represented one of the owners of Cordillera Golf Club, located near Vail, Colorado, in a four-year arbitration against certain of the other owners. The claim included allegations of fraud, misappropriation of funds and concealment. A favorable decision in the arbitration eventually led to the acquisition of The Club at Cordillera. Thereafter, Foley represented the debtor in a successful Chapter 11 reorganization of Cordillera Golf Club.
• Represented Rancharrah in Reno, Nevada in the creation of a residential community club membership program and preparation of membership documents.
• Represented Sunroad Enterprises in the preparation of membership documents for the Maderas Country Club locates in Poway, California.
• Represented the Stanly Ranch Club (also known as The Auberge Club at Stanly Ranch), in Napa, California in the creation of private non-equity club membership program and preparation of membership documents.
• Represented Todd Interests in preparing membership documents for Freestone, an under development residential commuity and high-end golf development in Texas.
• Represented Wheelock Street Acquisitions, LLC in structuring a whole ownership and fractional mixed-use luxury condominium with branded residences in the South Seas Resort.  The owners will be mandatory members in two clubs.
• Represented Wind Rose, a preeminent “club-within-a-club,” and its affiliated clubs in its formation and structuring. Wind Rose is a private club that will own residential interests and golf memberships in private residence clubs and golf clubs located around the country.
• Represented a client by preparing new membership documents for TPC River’s Bend, a country club.
• Represented a client in a comprehensive analysis of existing Membership Program.
• Represented Wheelock Street Capital, LLC, a private real estate investment firm, to create two separate club memberships for a longstanding resort community in southwest Florida that the client acquired. As part of its rebranding, updating, and future development, client is creating multi-faceted amenities, marina, and social clubs for legacy owners and future owners.
• Represented a private equity firm in its connection to the restructuring of the membership program of a private golf and country club.
• Represented client in the drafting and negotiation of a private placement memorandum for memberships in a golf course master planned community in Idaho.
• Represented Murbee Resorts Inc., a high-end developer, in creating beach club documentation for its mixed-use hotel and residential development.
• Represented developer of 2200 acre planned development community with single family homes, seven condominiums, timeshare, spa, and golf (Nicklaus, Palmer, and Watson courses).
• Represented Timbers Company, a developer of mixed use residential and fractional condominium with mandatory club membership.
• Represented Toll Brothers, a leading US-based home construction company which specializes in building luxury homes in connection with the sale of six golf and sports clubs located in Maryland, Virginia, and North Carolina. Also advised on repositioning the mixed-use development known as Riverton Point in South Carolina, including drafting the governance documents and the golf club membership documents.