By agreeing to register in the GEO Certified® Development process you hereby agree to the following terms and conditions. By accessing to and browsing the terms and conditions from https://sustainable.golf/developments/terms-and-conditions (“Site”), you accept, without limitation or qualification, the terms and conditions herein, and you acknowledge that to the extent they are inconsistent herewith, any other agreements between you and the GEO Foundation are superseded and of no force or effect. Your access to and use of this Site is subject to the following terms and conditions, and all applicable laws, rules and regulations.
1. Summary
You confirm that you are acting for and on behalf of the client or consortium that will be affirmed as the certification participant (the “Client” / “Project”), and that you have lawful and ethical authority to do so.
You are prepared to release relevant information about the Project, in accordance with certification processes and timelines.
You are prepared to pay all applicable certification service fees stated within the required timeframes, in accordance with the fee schedule referred to at Clause 13 (Fees).
You will be prepared to host site visits, at a mutually agreed time, for the appointed accredited independent verifier (“Verifier”) and GEO Foundation (“GEOF”) representative as per the service agreement (“Agreement”).
You will cooperate in providing requested information about your Project and the local context to the Verifier.
You will declare only honest and accurate information to the best of your knowledge in response to questions received and discussions held with the GEOF or the Verifier.
You will not promote your intention to achieve GEO Certified Development status (“Certification”) in any way, shape or form, or any type of alignment with GEOF, until a mutually agreed time, and not before mutual approval of the Project’s Sustainable Golf Blueprint by GEOF and the Client.
GEOF, for its part, will perform its obligations under these Terms with reasonable skill and care, within the timeframes stated in these Terms or, where none is stated, within a reasonable time, and will act reasonably and in good faith in exercising any discretion given to it under these Terms.
2. Registration
Registration to Certification process is based on the content of the Project Appraisal Report, and may take into account any subsequent written and approved correspondence and appendices to the Project Appraisal Report.
Upon registration, you commit that the Project will not have deviated significantly from the information provided during the Project Appraisal process. Any significant or substantive alteration to the scale, nature or physical footprint of the Project must be declared, reviewed by the appointed Verifier and approved by GEOF prior to registration.
Any information relating to alterations in the Project plan that comes to light after registration will be reviewed by GEOF and the Verifier, and may affect your Certification participation where GEOF reasonably determines, giving written reasons, that it represents a significant departure from the nature of the Project originally appraised and approved for registration.
Registration takes place once approval is received from an authorised representative of the Client.
No publicity relating to GEOF or Certification should come from the Project team prior to or post registration, unless explicitly authorised by GEOF in writing.
3. Post Registration
Within twelve (12) months of registration, you agree to contribute information and feedback on the Project’s Sustainable Golf Blueprint (“SBP”) to enable its completion.
If the information and feedback to allow the completion of the SBP has not been provided within twelve (12) months, you may request an extension of time.
On receipt of a request from you, GEOF will decide, within 30 days, whether or not to grant an extension. If GEOF does not respond within 30 days, the extension is deemed granted for a further six (6) months. If an extension is granted (or deemed granted), it will be for not more than six (6) further months. If in that time the information and feedback to allow the completion of the SBP has not been provided, GEOF will make a further decision on whether to grant one further extension of three (3) months.
If the information and feedback to allow the completion of the SBP has not been provided within 24 calendar months of the date of registration, GEOF may treat the Project as no longer wishing to proceed in Certification, and participation may be terminated, subject to Clause 9 (Termination) and a new Project Appraisal will be required to resume participation.
A decision to terminate under this Clause 3 may be referred to the GEOF Complaints and Appeals Procedure.
4. Programme Milestones
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Stage and Milestone Report |
Timescale |
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Design Sustainable Golf Blueprint |
SBP completed and approved within six months of registration, with potential extensions up to a maximum of six further months (see Clause 3). An approved SBP remains valid for four (4) years, subject to no significant or substantive alterations to the Project, as reasonably determined by GEOF and subject to Clause 9a (Notice and Cure). |
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Construction Sustainable Golf Blueprint |
SBP must be approved by GEOF within a maximum of six (6) years of commencing construction. GEOF may require reassessment of previous reports only where there have been significant or substantive alterations to the Project. |
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Certification Certification Report |
Certification Report approval must be granted within a maximum of two years of approval of SBP. GEOF may require re-assessment of previous reports where there have been significant or substantive alterations to the Project. If more than four (4) years elapse since approval of SBP before the Certification Report assessment is complete, GEOF may require a further review of SBP, to be carried out by the original Verifier or an alternative Verifier, at GEOF's cost unless the delay is attributable to the Client. |
5. Certification Process Information
Additional site visits – GEOF may schedule additional site visits where reasonably required because of Project complexities, changes, conflicts or delays that are unforeseen or arise during the course of the Project. The reasonable costs of these additional visits are to be covered under the Additional Services heading in the agreement.
Changes to Project team – any significant changes to the Project team must be notified to GEOF in writing within four (4) calendar months of the changes taking effect.
Changes to Project design or footprint – all significant changes to the physical scale and footprint of the Project must be notified to GEOF in writing within four (4) calendar months of the changes being approved by the Client.
GEOF may seek further information in response to such notifications and will specify a reasonable period (of not less than 21 working days, unless the matter is urgent) for the Client to respond with further details.
Significant and unannounced alterations may result in sanctioning action in accordance with Clause 9 (Termination), which may include suspension or termination from the Programme.
6. Certification Announcement
The final certification announcement will be made by GEOF, in mutual agreement with the Project, based on a mutually approved press statement, and on an agreed date and time.
No announcement will be made relating to the certified status of a Project until:
7. Duration of GEO Certified® Development Status
The Project will retain its GEO Certified® Development status for as long as it meets the following condition:
• the golf course and maintenance facility must, as a minimum, remain open and operational, even if other parts of the original Project have not yet been constructed or are closed.
A decision by GEOF to rescind status under this clause may be referred to the GEOF Complaints and Appeals Procedure.
8. Logos & Names
No person is permitted to use the GEOF or GEO Certified® logos or names without the express written permission of GEOF. Unauthorised use may result in GEOF making written public statements correcting any false representation and/or pursuing legal action where such use damages, or is likely to damage, the reputation or business activities of GEOF.
9. Termination
GEOF may terminate the involvement of any Project for the matters set out below. Except for the serious matters listed in Clause 9(a), GEOF will first follow the notice-and-cure process in Clause 9(b) before terminating.
(a) Immediate termination – GEOF may terminate with immediate effect, without a prior cure period, where:
• the Client or anyone associated with the Project is prosecuted for illegal activity connected with the Project;
• ownership of the Project changes without notifying GEOF's within six (6) months of ownership transfer;
• there are unresolved disputes over land ownership that materially affect the Project; or
• there is unsanctioned use of the GEO Certified® logos or names on promotional material, and such use is not withdrawn within 21 working days of notice from GEOF.
(b) Termination with notice and cure – for any other matter, including but not limited to:
• Project footprint changes significantly without notification to GEOF as required by Clause 5 (Programme Content);
• activities associated with the Project give rise to legitimate social or environmental grievance that GEOF reasonably determines, giving written reasons, to be contrary to the established Project sustainable golf targets set out in the SBP;
• significant changes to the Project team, e.g. change of masterplanner, golf architect or constructor, other than as already notified and accepted under Clause 5; or
• GEOF receives notice of legitimate concern from a government, environmental or community body.
GEOF will give the Client written notice of the issue and a reasonable period (of not less than 21 working days, having regard to the nature of the issue) to remedy it before a decision to terminate is made. Where a matter is not capable of remedy, GEOF may terminate on notice without a cure period, giving written reasons.
Any decision to suspend or terminate participation under this Clause 9 may be referred to the GEOF Complaints and Appeals Procedure.
10. Disclosure and Confidentiality
GEOF will not circulate or publish any Project reports, save that GEOF may confidentially share them with a third party where reasonably necessary to respond to a legal or regulatory obligation, or to a substantiated complaint or allegation against GEOF or the Project that could materially damage the reputation or credibility of GEOF, having first, where reasonably practicable and lawful, given the Client notice and an appropriate opportunity to comment.
Each party will treat as confidential all non-public information disclosed to it by the other in connection with the Project or the Certification (including commercial, technical and financial information, and not only Project reports), and will not disclose such information to any third party except as permitted under these Terms, required by law or regulation, or with the other party's prior written consent.
If the Client is not satisfied with the level of confidentiality being afforded, it may resign from the Certification process at any time with immediate effect. Resignation under this clause does not affect either party's accrued rights or obligations, including the confidentiality obligations in this Clause 11, which survive termination or resignation.
11. GEOF Determinations
The process for all decision-making is clear and consistent, follows the same format throughout the Certification process, and culminates (assuming all milestones are successfully passed) in the final approval of GEO Certified® Development status for the Project.
The Verifier undertakes the appropriate level of desktop and on-site evaluation.
Verifiers recommend to GEOF the approval of each milestone report, represented to GEOF as an official Verifier statement.
GEOF makes its decisions based on the content of these statements, giving written reasons for any adverse decision. GEOF may approach either or both the Client and the Verifier to seek clarification or further detail on points raised in the statements, and may raise issues not previously referenced in milestone reports, provided the Client is given a reasonable opportunity to respond before a final decision is made.
Save for matters that this Agreement expressly reserves to GEOF's final determination, disagreements about the outcome of the verification process or a GEOF decision should in the first instance be addressed through the GEOF Complaints and Appeals Procedure.
Nothing in these Terms excludes either party's right to seek recourse before a court of competent jurisdiction in respect of a dispute concerning fees, termination, confidentiality or any other matter not exclusively reserved to GEOF's technical or certification judgement.
12. Fees
The fees payable by the Client, and the timing of payment, are as set out in the fee schedule provided to the Client prior to registration in the Scope of Services document.
If these Terms are terminated by GEOF or the Client under Clause 10(a) (Immediate termination), fees will be due for work done to date only.
If terminated by GEOF under Clause 10(b) other than for a Client breach, or if the Project lapses solely due to GEOF's failure to meet its own response timeframes under these Terms, GEOF will refund all fees paid in respect of milestones reached, less any costs reasonably and demonstrably incurred by GEOF in respect of that milestone.
13. Liability
Neither party excludes or limits liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
Subject to the above, neither party will be liable to the other for any indirect or consequential loss, or for any loss of profits, revenue, or anticipated savings, arising out of or in connection with these Terms.
Subject to the first paragraph of this clause, each party's total aggregate liability to the other arising out of or in connection with these Terms in any 12-month period shall not exceed the total fees paid or payable by the Client to GEOF in that same period.
14. Force Majeure
Neither party will be in breach of these Terms, nor liable for delay in performing, or failure to perform, any of its obligations under these Terms, if such delay or failure results from events, circumstances or causes beyond its reasonable control, including natural disaster, pandemic, war, civil unrest, or changes in law or regulation.
Any timescale or milestone deadline affected will be extended by a period equivalent to the delay caused. If a force majeure event continues for more than six (6) months, either party may terminate these Terms on written notice, without liability other than for sums already due.
15. Governing Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by and construed in accordance with the law of Scotland. Subject to Clause 12 (GEOF Determinations), the parties submit to the exclusive jurisdiction of the Scottish courts.
16. General
Notices: any notice under these Terms must be in writing and delivered by hand, recorded delivery, or email to the addresses/contacts notified by the parties from time to time.
Severability: if any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect.
Assignment: neither party may assign or transfer its rights or obligations under these Terms without the other's prior written consent (not to be unreasonably withheld), save that GEOF may assign these Terms to a successor body carrying on its certification functions.
Entire agreement: these Terms, together with the Scope of Services and any Project Appraisal Report and approved appendices, constitute the entire agreement between the parties in respect of the Certification process and supersede all prior discussions and understandings on that subject.
Variation: these Terms may only be varied in writing, signed by an authorised representative of each party, save that GEOF may update the Complaints and Appeals Procedure and technical certification criteria referenced in these Terms from time to time on reasonable notice.
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Internal weblink to 'Complaints and Appeals Procedure': https://sustainable.golf/assets/media/files/Courses/Assurance/Complaints%20and%20Appeals_NOV2023v5.0.pdf
