WM Club Terms and Conditions
WM Club Terms and Conditions
WM Club Terms and Conditions
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1. Glossary<br />
<strong>WM</strong> <strong>Club</strong> <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong><br />
In this Membership Agreement the following terms have the following meanings:<br />
Benefits means those benefits set out in clause 2 below;<br />
Catering Supplier has the meaning set out in clause 4(A);<br />
<strong>Club</strong> (or “we/us”) means The Arsenal Football <strong>Club</strong> plc;<br />
Competitions means the Football Association Premier League, the Football League<br />
(known as the Coca-Cola Championship <strong>and</strong> Coca-Cola Leagues 1 <strong>and</strong> 2 at the date of<br />
this Membership Agreement), the Football Association Challenge Cup, the Football<br />
League Cup Competition, the UEFA Champions League <strong>and</strong> the UEFA Cup;<br />
Dress Code means such dress code as the <strong>Club</strong>, in its discretion, may reasonably<br />
impose in respect of the <strong>WM</strong> <strong>Club</strong> Area from time to time <strong>and</strong> notify to Members by way<br />
of notice displayed in the <strong>WM</strong> <strong>Club</strong> Area, which dress code as at the date of this<br />
Membership Agreement shall comprise a prohibition on the wearing of shorts, singlets<br />
<strong>and</strong> vests in the <strong>WM</strong> <strong>Club</strong> Area;<br />
Emirates Stadium means the stadium (known as at the date of this Membership<br />
Agreement as “Emirates Stadium”) at London N7 7AJ, owned as at the date of this<br />
Membership Agreement by an affiliate of the <strong>Club</strong>, Ashburton Properties Limited, <strong>and</strong> at<br />
which the <strong>Club</strong> has the right, with effect from the opening thereof, to play Home<br />
Matches;<br />
Emirates Stadium Company means Ashburton Properties Limited, together with its<br />
successors in title to Emirates Stadium <strong>and</strong> any operator or manager of Emirates<br />
Stadium;<br />
Fee means the fee payable in order for the Principal <strong>and</strong> Secondary Members to be<br />
Members pursuant to the terms of this Membership Agreement;<br />
First Team means the first XI mens football team representing the <strong>Club</strong>;<br />
Ground Regulations means the <strong>Club</strong>’s ground regulations applicable to Emirates<br />
Stadium, as amended from time to time in the <strong>Club</strong>’s sole discretion, which will be<br />
displayed at Emirates Stadium, on the Website at www.arsenal.com/platinum/clublevel/emirates-stadium/ground-regulations,<br />
<strong>and</strong> which are incorporated into this<br />
Membership Agreement;<br />
Home Matches means all home football matches played by the First Team at Emirates<br />
Stadium during any Season in any of the Competitions. For the avoidance of doubt, a<br />
“Home Match” does not include any semi-final or final (or replay thereof) played at<br />
Emirates Stadium in any of the Competitions (whether or not the First Team plays in<br />
such match) where the reason that such match is being played at Emirates Stadium is<br />
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that Emirates Stadium has been chosen by the relevant football authority organising<br />
that Competition as a neutral venue to host that match;<br />
Late Payment has the meaning set out in clause 9(A) below;<br />
Laws means all present <strong>and</strong> future laws, ordinances, orders, rules <strong>and</strong> regulations<br />
(whether statutory or otherwise <strong>and</strong> including health <strong>and</strong> safety requirements) governing<br />
Emirates Stadium including the <strong>WM</strong> <strong>Club</strong> Area <strong>and</strong>/or its use pursuant to this<br />
Membership Agreement;<br />
Member means a member of the <strong>WM</strong> <strong>Club</strong>;<br />
Membership Agreement means the agreement between the Principal Member <strong>and</strong> the<br />
<strong>Club</strong> relating to membership of the <strong>WM</strong> <strong>Club</strong>, which includes your confirmation email<br />
from the <strong>Club</strong>, these <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>, the Privacy Policy <strong>and</strong> the Ground<br />
Regulations;<br />
Principal Member (or “you”) means the person identified in this Membership<br />
Agreement as the Principal Member;<br />
Privacy Policy means the <strong>Club</strong>’s policy from time to time for dealing with each<br />
Member’s personal information, a copy of which is attached to these <strong>Terms</strong> <strong>and</strong><br />
<strong>Conditions</strong> as Schedule 1;<br />
Regulations means the provisions from time to time of the general safety certificate<br />
applying to Emirates Stadium, the bye-laws, rules, regulations, orders, directions, codes<br />
of practice <strong>and</strong> other guidelines of the London Borough of Islington, the Metropolitan<br />
Police Service, the London Fire Brigade, the Footballing Licensing Authority, The FA<br />
Premier League Limited, The Football Association Limited (FA), the Federation<br />
Internationale de Football Association (FIFA), the Union des Associations Européennes<br />
de Football (UEFA), the European Commission <strong>and</strong> any other authority or organisation<br />
that has jurisdiction or authority in relation to the holding of Home Matches from time to<br />
time;<br />
Season means the period from <strong>and</strong> including 1st August in any calendar year up to <strong>and</strong><br />
including the next following 31st July;<br />
Secondary Member means the person identified in this Membership Agreement as the<br />
Secondary Member, or such person as you may nominate to use the memberships<br />
issued under this Membership Agreement from time to time;<br />
Security Trustee has the meaning set out in clause 13(B) below;<br />
<strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> means these <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>;<br />
VAT means value added tax or any similar tax;<br />
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Website means the <strong>Club</strong>’s website, www.Arsenal.com; <strong>and</strong><br />
<strong>WM</strong> <strong>Club</strong> Area means the area of Emirates Stadium reserved for Members.<br />
(A) In this Membership Agreement, save where otherwise expressly stated:<br />
(i) references to the masculine gender shall include the feminine <strong>and</strong> the neutral<br />
(<strong>and</strong> vice versa);<br />
(ii) a reference to a person is a reference to that person or such of its successors,<br />
assigns <strong>and</strong> transferees;<br />
(B) Any headings contained in this Membership Agreement are for the purposes of<br />
convenience only <strong>and</strong> do not form part of, <strong>and</strong> shall not affect the construction of, this<br />
Membership Agreement.<br />
(C) References in this Membership Agreement to any statutory provisions shall be<br />
construed as references to those provisions as respectively amended, consolidated or<br />
re-enacted (whether before or after the date of this Membership Agreement) from time<br />
to time <strong>and</strong> will include any provisions of which they are consolidations or reenactments<br />
(whether with or without amendment).<br />
(D) Notwithst<strong>and</strong>ing the definitions of “First Team” <strong>and</strong> “Home Match” set out above, in view<br />
of the increasing dem<strong>and</strong>s made on the regular First Team players, in playing both for<br />
their country <strong>and</strong> the <strong>Club</strong>, the team for any particular Home Match may not necessarily<br />
be selected from the regular First Team players.<br />
2. Member Benefits<br />
Subject to the <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> set out below, the Principal Member <strong>and</strong> Secondary<br />
Member(s) will be entitled to the following benefits as a member of the <strong>WM</strong> <strong>Club</strong> (Please note -<br />
a <strong>Club</strong> Level season ticket is not one of the Benefits provided by the <strong>WM</strong> <strong>Club</strong> <strong>and</strong> must be<br />
purchased from the <strong>Club</strong> separately):<br />
(A) Exclusive access to the <strong>WM</strong> <strong>Club</strong> for every First Team Home Match including:<br />
o a private table for the day;<br />
o a complementary cocktail drinks reception on arrival;<br />
o a complimentary four course seasonal buffet menu designed by Raymond<br />
Blanc protégé <strong>and</strong> award-winning Le Manoir aux Quat’Saison Chef, Oleg<br />
Ibragimov, or a chef of equivalent st<strong>and</strong>ing (please note that, where Members<br />
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have special dietary requirements, a supplementary fee may be payable at<br />
Arsenal’s discretion);<br />
o complementary house wines <strong>and</strong> beers, <strong>and</strong> soft drinks before the Home<br />
Match, at half-time <strong>and</strong> also after the Home Match;<br />
o merch<strong>and</strong>ise <strong>and</strong> betting table service; <strong>and</strong><br />
o occasional post match appearances by current players <strong>and</strong> <strong>Club</strong> ‘Legends’.<br />
The <strong>WM</strong> <strong>Club</strong> will be open as follows:<br />
o in respect of Saturday afternoon Home Matches with a 3.00 p.m. kick off, from<br />
12.30 p.m. to 6.30 p.m.;<br />
o in the case of evening Home Matches with a 7.30 p.m. or 7.45 p.m. kick off, from<br />
5.00 p.m. until one <strong>and</strong> one half hours after the end of the Home Match; <strong>and</strong><br />
o in the case of Home Matches kicking off at any other time, from two <strong>and</strong> one half<br />
hours before the time of the kick-off until one <strong>and</strong> one half hours after the end of<br />
the Home Match.<br />
The <strong>Club</strong> reserves the right to alter the opening hours set out above, at its discretion.<br />
(B) A personalised name plaque on your <strong>Club</strong> Level seat.<br />
(C) One invitation yearly to a cocktail party hosted by the then current manager of the First<br />
Team.<br />
(D) One invitation to attend an End of Season pitch tournament event.<br />
(E) A dedicated account manager.<br />
(F) First option to purchase dining packages in the <strong>WM</strong> <strong>Club</strong> for other events at Emirates<br />
Stadium.<br />
(G) A discount of ten per cent on the price charged by the <strong>Club</strong> for use of the <strong>WM</strong> <strong>Club</strong>,<br />
whether for business meetings or the hosting of social functions on non-match or other<br />
non-event days at the Emirates Stadium. Any such use will be subject to availability.<br />
3. Use of the <strong>WM</strong> <strong>Club</strong> <strong>and</strong> Benefits<br />
(A) Prior to start of the Season, the Principal Member <strong>and</strong> Secondary Member(s) will be<br />
issued with a <strong>WM</strong> <strong>Club</strong> membership card. In order to obtain any of the Benefits to<br />
which a Member is entitled at any time, the Principal Member <strong>and</strong> Secondary<br />
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Member(s) must present a valid <strong>WM</strong> <strong>Club</strong> membership card for inspection by or on<br />
behalf of the <strong>Club</strong>.<br />
(B) All <strong>WM</strong> <strong>Club</strong> membership cards remain the property of the <strong>Club</strong> <strong>and</strong> must be returned to<br />
the <strong>Club</strong> on request.<br />
(C) In the event of any <strong>WM</strong> <strong>Club</strong> membership cards issued under this Membership<br />
Agreement becoming lost or stolen the Principal Member must inform the <strong>Club</strong><br />
immediately. In addition, if any <strong>WM</strong> <strong>Club</strong> membership cards issued under this<br />
Membership Agreement are stolen, the Principal Member must also inform the police<br />
immediately.<br />
(D) The Principal Member <strong>and</strong> Secondary Member(s) will only have the right to use the <strong>WM</strong><br />
<strong>Club</strong> in accordance with the terms of this Membership Agreement.<br />
4. Catering<br />
(A) The <strong>Club</strong> shall procure the provision (by any third party or other entity appointed by the<br />
<strong>Club</strong>, in its sole discretion, for this purpose (the “Catering Supplier”)) of a refreshments<br />
service in the <strong>WM</strong> <strong>Club</strong> during the hours referred to in clause 2(A) above (excluding<br />
those times during that period in which play in any Home Match is in progress).<br />
(B) The Principal Member shall make all arrangements concerning any refreshments the<br />
Principal Member <strong>and</strong> Secondary Member(s) may require directly with his personal<br />
account manager.<br />
(C) The costs of all refreshments ordered or consumed by the Principal Member <strong>and</strong><br />
Secondary Member(s) in the <strong>WM</strong> <strong>Club</strong>, other than the complimentary food <strong>and</strong> drinks<br />
described in clause 2(A) above, shall be paid by the Principal Member to the Catering<br />
Supplier. The <strong>Club</strong> shall provide in the <strong>WM</strong> <strong>Club</strong>, or shall procure the provision in the<br />
<strong>WM</strong> <strong>Club</strong> of, details of the costs of each of the refreshments available in the <strong>WM</strong> <strong>Club</strong>.<br />
The Catering Supplier may change the costs of any refreshments from time to time.<br />
(D) The provision of any refreshments (including, without limitation, alcoholic beverages) to<br />
any persons in the <strong>WM</strong> <strong>Club</strong> shall be subject to all relevant legal restrictions applicable<br />
to the <strong>Club</strong>, the Catering Supplier, any Emirates Stadium Company <strong>and</strong>/or Emirates<br />
Stadium (including, without limitation, all restrictions imposed by, <strong>and</strong> any regulation of,<br />
any relevant licensing or other governing body or authority) <strong>and</strong> the grant of any<br />
necessary licences. The Principal Member shall, <strong>and</strong> shall procure that the Secondary<br />
Member(s) shall consume all alcoholic drinks within the interior of the <strong>WM</strong> <strong>Club</strong> Area.<br />
(E) The only refreshments which may be consumed in the <strong>WM</strong> <strong>Club</strong> Area are those<br />
supplied by the Catering Supplier pursuant to the provisions of this clause 4. The<br />
Principal Member shall not, <strong>and</strong> shall procure that no Secondary Member(s) shall, bring<br />
any food, drink or other refreshments into the <strong>WM</strong> <strong>Club</strong> Area for consumption by the<br />
Principal Member or Secondary Member(s) or for any other reason.<br />
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(F) If the Principal Member or Secondary Member(s) has any complaints in respect of the<br />
catering or refreshments service provided in the <strong>WM</strong> <strong>Club</strong>, the Principal Member or<br />
Secondary Member(s) should, at first instance, take up such complaints directly with the<br />
Catering Supplier. Any such complaints may also be referred to the Principal Member’s<br />
personal account manager.<br />
5. Repairs <strong>and</strong> maintenance<br />
(A) The <strong>Club</strong> will be responsible for carrying out all repairs <strong>and</strong> maintenance (including<br />
ordinary cleaning <strong>and</strong> rubbish removal) to the <strong>WM</strong> <strong>Club</strong> provided that the <strong>Club</strong> will not<br />
accept liability for, <strong>and</strong> will not be in breach of any of its obligations under the<br />
Membership Agreement by reason of, any breakages or defects to the <strong>WM</strong> <strong>Club</strong> which<br />
are not the result of fair wear <strong>and</strong> tear, or are caused by the acts or omissions of any<br />
Member.<br />
(B) The <strong>Club</strong>, each Emirates Stadium Company <strong>and</strong> each of its or their employees, agents<br />
or contractors shall have the right at any time to carry out emergency repairs to the <strong>WM</strong><br />
<strong>Club</strong> Area or any other areas of Emirates Stadium to which the Principal Member or<br />
Secondary Member(s) has access, or any fixtures or fittings therein, or any adjoining<br />
property of the <strong>Club</strong> or any Emirates Stadium Company.<br />
6. Unavailability of the <strong>WM</strong> <strong>Club</strong> Area <strong>and</strong> other benefits<br />
(A) If the <strong>Club</strong> determines that all or any part of the <strong>WM</strong> <strong>Club</strong> Area is unavailable for a<br />
Home Match due to:<br />
(i) health <strong>and</strong> safety requirements, the Ground Regulations or other Regulation or<br />
Law; or<br />
(ii) the need for any other repairs or alterations to be made to all or any part of the <strong>WM</strong><br />
<strong>Club</strong> Area or any fixtures or fittings therein <strong>and</strong> such repairs or alterations are in the<br />
<strong>Club</strong>’s opinion necessary or desirable (other than as a result of the acts or<br />
omissions of any Member); or<br />
(iii) any other circumstances at the <strong>Club</strong>’s reasonable discretion,<br />
the <strong>Club</strong> will use reasonable endeavours to provide the Principal Member <strong>and</strong><br />
Secondary Member(s) during any such period of unavailability, with a suitable<br />
alternative dining option elsewhere in Emirates Stadium, the location of each of which<br />
will be determined by the <strong>Club</strong> <strong>and</strong> which, subject to availability, will be of as high a<br />
st<strong>and</strong>ard as possible. Where the <strong>Club</strong> is not able to provide the Principal Member <strong>and</strong><br />
Secondary Member(s) with such alternative dining, the Principal Member will be entitled<br />
to a refund in respect of the relevant Home Match(es), the amount of such refund <strong>and</strong>,<br />
the form <strong>and</strong> timing thereof, to be determined by the <strong>Club</strong> acting reasonably.<br />
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(B) The <strong>Club</strong> will use reasonable endeavours to ensure that the benefits set out in 2(C) <strong>and</strong><br />
2(D) above are made available to the Principal Member <strong>and</strong> Secondary Member(s).<br />
However, if for any reason, the <strong>Club</strong> is unable to procure such benefits for the Principal<br />
Member <strong>and</strong> Secondary Member(s), they will use their reasonable endeavours to<br />
procure a suitable alternative benefit for the Principal Member <strong>and</strong> Secondary<br />
Member(s). In any event, the <strong>Club</strong> shall not be liable to the Principal Member or<br />
Secondary Member(s) for any failure to procure such benefits.<br />
7. Undertakings <strong>and</strong> acknowledgements of the Principal Member<br />
(A) The Principal Member shall, <strong>and</strong> shall procure that the Secondary Member(s) is aware<br />
of, <strong>and</strong> complies with, these <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> (including the Ground Regulations)<br />
<strong>and</strong>, in particular that such persons shall, at all times:<br />
(i) use the <strong>WM</strong> <strong>Club</strong> Area in a proper <strong>and</strong> lawful manner <strong>and</strong> not so as to cause<br />
any nuisance, annoyance or inconvenience to the <strong>Club</strong> or any other person<br />
(including any other Members, guests, spectators or visitors to the Emirates<br />
Stadium) or to render void or voidable, in part or whole, any insurance<br />
maintained by the <strong>Club</strong> or any Emirates Stadium Company in respect of<br />
Emirates Stadium; <strong>and</strong><br />
(ii) ensure that neither the <strong>WM</strong> <strong>Club</strong> Area (or any part thereof) nor any other part of<br />
Emirates Stadium to which the Principal Member <strong>and</strong> the Secondary Member(s)<br />
may be granted access are damaged (fair wear <strong>and</strong> tear excepted).<br />
(B) The Principal Member shall not, without the prior written consent of the <strong>Club</strong>, make any<br />
public statement or announcement linking, or implying any relationship between, or<br />
engage in any marketing, advertising or promotional activity which links, or implies any<br />
relationship between, the Principal Member <strong>and</strong> the <strong>Club</strong>.<br />
(C) If the Principal Member or Secondary Member(s) fails to comply with any of these<br />
<strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong> (including the Ground Regulations), the <strong>Club</strong> or any Emirates<br />
Stadium Company may, in its sole discretion, <strong>and</strong> without prejudice to its other<br />
remedies, eject the Principal Member or Secondary Member(s) from Emirates Stadium<br />
without any refund.<br />
8. Security<br />
The <strong>Club</strong> shall take all reasonable precautions to maintain the security of the <strong>WM</strong> <strong>Club</strong> Area<br />
between Home Matches but neither it nor any Emirates Stadium Company shall be responsible<br />
in any way for the loss of, or damage to, any property of the Principal Member or Secondary<br />
Member(s) in the <strong>WM</strong> <strong>Club</strong> Area or in any other part of Emirates Stadium (including, without<br />
limitation, any property left behind by the Principal Member or Secondary Member(s) in the <strong>WM</strong><br />
<strong>Club</strong> Area). Notwithst<strong>and</strong>ing the foregoing, the <strong>Club</strong> <strong>and</strong> any Emirates Stadium Company shall<br />
be entitled to dispose of any property left behind by the Principal Member or Secondary<br />
Member(s) in the <strong>WM</strong> <strong>Club</strong> Area.<br />
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9. Payments<br />
(A) If the Principal Member does not pay to the <strong>Club</strong> any part of the Fee on the due date for<br />
payment (a “Late Payment”), in addition <strong>and</strong> without prejudice to the <strong>Club</strong>’s rights<br />
under clause 12 below, such Late Payment shall bear interest at the rate of 2.5% above<br />
the base rate of The Royal Bank of Scotl<strong>and</strong> Plc from the due date until the date of<br />
actual payment (both dates inclusive) by the Principal Member to the <strong>Club</strong>.<br />
(B) All payments to be made by the Principal Member under this Membership Agreement<br />
shall be made in full without any set-off, restriction, condition or deduction for, or on<br />
account of, any counterclaim or any other matter.<br />
10. Disclaimer of liability<br />
(A) Save as expressly set out in this Membership Agreement, neither the <strong>Club</strong> nor any<br />
Emirates Stadium Company shall be responsible for, <strong>and</strong> shall not be liable to the<br />
Principal Member or Secondary Member(s) in respect of, any loss or damage<br />
whatsoever suffered by the Principal Member or Secondary Member(s), whether in<br />
contract, tort or otherwise, in the event of any damage or destruction to all or any part of<br />
the <strong>WM</strong> <strong>Club</strong> Area or the unavailability of all or any part of the <strong>WM</strong> <strong>Club</strong> Area to the<br />
Principal Member or Secondary Member(s).<br />
(B) Without prejudice to the provisions of clause 10(A) above, the <strong>Club</strong> shall not be in<br />
breach of, or be deemed to be in breach of, any provision of this Membership<br />
Agreement if it fails to perform any of its obligations under this Membership Agreement<br />
by reason of any fact, matter or circumstance which is outside the reasonable control of<br />
the <strong>Club</strong>.<br />
(C) All terms of this Membership Agreement are subject to the provisions from time to time<br />
of the Laws <strong>and</strong> Regulations. In the event of any conflict or inconsistency between the<br />
terms of any Law or Regulation <strong>and</strong> this Membership Agreement, the relevant Law or<br />
Regulation will prevail. The <strong>Club</strong> will not be in breach of this Membership Agreement by<br />
reason of compliance with the Laws <strong>and</strong> Regulations.<br />
(D) Neither the <strong>Club</strong> nor any Emirates Stadium Company shall be liable to the Principal<br />
Member or Secondary Member(s), whether in contract, tort or otherwise, for any<br />
indirect, special or consequential loss or damage, or for any loss of profit or revenue,<br />
loss of use or enjoyment, loss of business or contracts, or loss of opportunity suffered<br />
by the Principal Member or the Secondary Member. The aggregate liability of the <strong>Club</strong><br />
<strong>and</strong> the Emirates Stadium Companies to the Principal Member (<strong>and</strong>, if applicable, the<br />
Secondary Member(s)) in connection with this Membership Agreement, whether in<br />
contract or tort, including negligence, or in any other way, shall not exceed the Fee paid<br />
by the Principal Member under this Membership Agreement.<br />
(E) Notwithst<strong>and</strong>ing any other provision of the Membership Agreement, none of the <strong>Club</strong> or<br />
any of the Emirates Stadium Companies seeks to exclude or limit its liability for (a)<br />
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fraud, or (b) death or personal injury caused by its, or any of its officers, employees or<br />
agents, negligence.<br />
11. Indemnity<br />
The Principal Member shall indemnify the <strong>Club</strong> <strong>and</strong> each Emirates Stadium Company against<br />
all costs, charges, claims, expenses, dem<strong>and</strong>s <strong>and</strong> liabilities suffered or incurred by it as a<br />
result of any breach by the Principal Member or Secondary Member(s) of any provision of this<br />
Membership Agreement.<br />
12. Default <strong>and</strong> termination<br />
(A) If the Principal Member or Secondary Member(s) commits any serious or persistent<br />
breach of his obligations under this Membership Agreement, the <strong>Club</strong> shall be entitled to<br />
terminate this Membership Agreement (<strong>and</strong> cancel the Principal Member’s<br />
memberships of the <strong>WM</strong> <strong>Club</strong>, including that of the Secondary Member(s)) in each case<br />
with immediate effect by notice in writing to the Principal Member, save that, if such<br />
breach is capable of remedy, the <strong>Club</strong> shall not be so entitled unless the <strong>Club</strong> first<br />
requests in writing to the Principal Member that the Principal Member or Secondary<br />
Member(s) (as appropriate) remedy such breach <strong>and</strong> the relevant Member does not do<br />
so to the reasonable satisfaction of the <strong>Club</strong> within fourteen (14) days of receipt of such<br />
written request by the Principal Member. If this Membership Agreement is terminated<br />
(<strong>and</strong> the Principal Member’s memberships of the <strong>WM</strong> <strong>Club</strong> cancelled, including that of<br />
the Secondary Member(s)) by the <strong>Club</strong> in accordance with this clause 12, the <strong>Club</strong> shall<br />
not have any obligation to refund the whole or any part of the Fee paid by the Principal<br />
Member <strong>and</strong> such termination (<strong>and</strong> cancellation) shall not prejudice any other right of<br />
action which the <strong>Club</strong> may have in respect of any breach of any provision of this<br />
Membership Agreement by the Principal Member or Secondary Member(s).<br />
(B) The Principal Member acknowledges <strong>and</strong> agrees that, without prejudice to the<br />
generality of the provisions of clause 12(A), <strong>and</strong> without limitation, each of the following<br />
events shall constitute a serious breach by the Principal Member of his obligations<br />
under the Membership Agreement for the purposes of clause 12(A):<br />
(i) the Principal Member fails to pay when due any part of the Fee;<br />
(ii) any third party attempts to use any of the <strong>WM</strong> <strong>Club</strong> membership cards issued<br />
under this Membership Agreement (save where such membership card has<br />
previously been reported to the <strong>Club</strong> as having been lost or stolen), in order to<br />
gain any of the benefits or rights granted to the Principal Member <strong>and</strong><br />
Secondary Member(s) under this Membership Agreement.<br />
(C) The <strong>Club</strong> shall be entitled to terminate this Membership Agreement with immediate<br />
effect by notice in writing to the Principal Member in the event that the Principal Member<br />
makes an application for an interim order under any relevant insolvency legislation for<br />
the time being in force, or enters into a voluntary arrangement or composition with his<br />
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creditors, or a bankruptcy petition is presented against the Principal Member, or any<br />
event analagous to any of the foregoing occurs in respect of the Principal Member in<br />
any jurisdiction.<br />
13. Sale, assignment <strong>and</strong> third party rights<br />
(A) Membership of the <strong>WM</strong> <strong>Club</strong> is, <strong>and</strong> the rights of the Principal Member <strong>and</strong> Secondary<br />
Member(s) under this Membership Agreement are personal to the Principal Member<br />
<strong>and</strong> the Secondary Member(s), <strong>and</strong> the Principal Member <strong>and</strong> Secondary Member(s)<br />
may not, without the prior written consent of the <strong>Club</strong>, assign, transfer, sell, novate,<br />
license, hire, grant or dispose of any of their rights under this Membership Agreement<br />
(or any interest in such rights) to any other person, save that the Principal Member may<br />
nominate such persons as he wishes to use the memberships issued under this<br />
Membership Agreement from time to time. No refund of any part of the Fee shall be<br />
payable by us in the event of a Member’s death.<br />
(B) The <strong>Club</strong> hereby notifies the Principal Member that the <strong>Club</strong> has assigned to The Law<br />
Debenture Trust Corporation plc, in its capacity as security trustee for certain of the<br />
secured creditors of ASMCL, AFC <strong>and</strong> certain Emirates Stadium Companies (the<br />
“Security Trustee”, which expression shall include the successors <strong>and</strong> assigns of The<br />
Law Debenture Trust Corporation plc in such capacity), as security, all of the <strong>Club</strong>’s<br />
rights in respect of this Membership Agreement. The Principal Member hereby<br />
expressly acknowledges such assignment <strong>and</strong> agrees to comply with the terms of any<br />
written notice or instruction from the Security Trustee in connection with amounts<br />
payable to the <strong>Club</strong> under or in respect of this Membership Agreement.<br />
(C) The <strong>Club</strong> may sub-contract all or any part of its obligations under this Membership<br />
Agreement, at any time <strong>and</strong> from time to time, to any Emirates Stadium Company.<br />
(D) Certain provisions of this Membership Agreement expressly confer a benefit on the<br />
Emirates Stadium Companies <strong>and</strong>, subject to the remaining provisions of this<br />
clause 13(D), are intended to be enforceable by each Emirates Stadium Company by<br />
virtue of the Contracts (Rights of Third Parties) Act 1999. Save as set out in the<br />
previous sentence, the parties do not intend that any term of this Membership<br />
Agreement should be enforceable, by virtue of the Contracts (Rights of Third Parties)<br />
Act 1999, by any person who is not a party to this Membership Agreement.<br />
Notwithst<strong>and</strong>ing the provisions of the first sentence of this clause 13(D) above, this<br />
Membership Agreement may be rescinded or varied in any way <strong>and</strong> at any time by the<br />
parties to this Membership Agreement without the consent of any Emirates Stadium<br />
Company.<br />
14. Notices<br />
All notices, dem<strong>and</strong>s <strong>and</strong> other communications between the <strong>Club</strong> <strong>and</strong> the Principal Member<br />
required or appropriate in relation to this Membership Agreement will be in writing <strong>and</strong> deemed<br />
given if posted, postage prepaid, to the other at its respective address set out on the first page<br />
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of this Membership Agreement (or to such other address as may be designated by the <strong>Club</strong> or<br />
the Principal Member (as the case may be), from time to time, in writing) on the second<br />
business day after posting <strong>and</strong> if sent via e-mail, upon the generation of a receipt notice by the<br />
other’s server, or if such notice is not so generated, upon receipt by the other’s server.<br />
15. Illegality<br />
If any provision of this Membership Agreement is or becomes illegal, invalid or unenforceable in<br />
any jurisdiction, that shall not affect the validity or enforceability of any other provision of this<br />
Membership Agreement.<br />
16. Entire agreement<br />
This Membership Agreement constitutes the whole <strong>and</strong> only agreement between the <strong>Club</strong> <strong>and</strong><br />
the Principal Member in respect of the subject matter of this Membership Agreement <strong>and</strong><br />
supersedes <strong>and</strong> extinguishes all prior oral or written agreements, underst<strong>and</strong>ings or<br />
arrangements between the <strong>Club</strong> <strong>and</strong> the Principal Member relating to the subject matter of this<br />
Membership Agreement.<br />
17. Amendments<br />
Save in respect of the provisions of clause 19 below, the Privacy Policy, the Dress Code <strong>and</strong> the<br />
Ground Regulations, each of which may be amended by the <strong>Club</strong> as set out in this Membership<br />
Agreement, no amendment of this Membership Agreement shall be effective unless made in<br />
writing <strong>and</strong> signed by both parties to this Membership Agreement. Copies of the then current<br />
Privacy Policy, Dress Code <strong>and</strong> Ground Regulations will be provided to the Principal Member<br />
upon request.<br />
18. No property interest created<br />
This Membership Agreement having been conducted at arm’s length, the <strong>Club</strong> <strong>and</strong> the Principal<br />
Member agree that this Membership Agreement takes effect as a mere licence <strong>and</strong> does not<br />
grant the Principal Member exclusive possession of the whole or any part of the <strong>WM</strong> <strong>Club</strong> Area<br />
or create a tenancy.<br />
19. No smoking policy<br />
(A) Smoking shall be prohibited within the interior of the <strong>WM</strong> <strong>Club</strong> Area.<br />
(B) The <strong>Club</strong>, in its discretion, may notify Members of changes to the provisions of clause<br />
19 at any time, <strong>and</strong> from time to time, by way of notice displayed in the <strong>WM</strong> <strong>Club</strong> Area.<br />
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20. Law<br />
This Membership Agreement shall be governed by <strong>and</strong> construed in all respects in accordance<br />
with the laws of Engl<strong>and</strong> <strong>and</strong> the parties submit to the exclusive jurisdiction of the courts of<br />
Engl<strong>and</strong> <strong>and</strong> Wales to resolve any dispute between them.<br />
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Schedule 1 - Privacy Policy<br />
We take your privacy very seriously. Please read this Privacy Policy carefully to see how we will<br />
treat the information that you provide to us. We will take reasonable care to keep your<br />
information secure <strong>and</strong> to prevent any unauthorised access or use of it. All information relating<br />
to you will be used <strong>and</strong> recorded by us in accordance with current data protection legislation<br />
from time to time <strong>and</strong> this Privacy Policy. We may change this Privacy Policy from time to time.<br />
Any such changes will be notified to you through the Website. We will also notify you of any<br />
changes in writing from time to time. However, we suggest you check the Website periodically<br />
to review the latest version.<br />
The information we collect<br />
We will collect <strong>and</strong> hold the information provided by you in your application for memberships of<br />
the <strong>WM</strong> <strong>Club</strong>. The information we will ask you to provide comprises details of your name,<br />
address, e-mail address <strong>and</strong> contact details. We will process this information <strong>and</strong> any other<br />
information we collect from you in accordance with this Privacy Policy.<br />
How we will use this information<br />
The <strong>Club</strong> will use your personal information to administer this Agreement, to provide you with<br />
the benefits set out in this Membership Agreement <strong>and</strong> for other purposes related to the<br />
business of the <strong>Club</strong> including for administration <strong>and</strong> customer services. We will only disclose<br />
this information to our service providers <strong>and</strong> agents for these purposes. We may also keep your<br />
information for a reasonable period of time to contact you (or to enable our trusted third parties<br />
to contact you), with (where it is necessary for us to obtain it) your consent, about any goods,<br />
services, promotions or offers which may be of interest to you. If the <strong>Club</strong> decides to sell its<br />
business or ceases to trade, becomes insolvent, enters into receivership or administration or<br />
any similar or equivalent event occurs, the <strong>Club</strong> or those acting on its or some or all of the<br />
creditors behalf may sell the <strong>Club</strong>’s business or parts of it to a third party or parties. In such<br />
circumstances, the <strong>Club</strong> or those acting on behalf of the <strong>Club</strong> or some or all of its creditors may<br />
transfer your personal information to those third parties.<br />
If required to do so by law, any regulation, treaty or other legally binding obligation with which<br />
the <strong>Club</strong> is required to comply, the <strong>Club</strong> will disclose some or all of your personal information as<br />
<strong>and</strong> to the extent that we are required to do so.<br />
We may aggregate the information you send to us with other data (so that you cannot be<br />
identified from that data) <strong>and</strong> use that aggregated data for administrative purposes <strong>and</strong>/or share<br />
it with other people.<br />
Sharing information<br />
We may, with your consent, share your information with our group companies, sponsors <strong>and</strong><br />
other business partners. These organisations may contact you by mail, telephone, electronic<br />
messaging services, fax or e-mail to let you know about any goods, services, promotions or<br />
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offers which may be of interest to you. To obtain a complete list of these third parties, please<br />
contact our Data Protection Officer at the address below.<br />
In all cases, we will take great care to ensure that your information is only processed in<br />
accordance with this Privacy Policy <strong>and</strong> the law <strong>and</strong> we will only permit your information to be<br />
used for authorised purposes.<br />
Security<br />
We take the security of your personal information very seriously. We have security procedures<br />
in place to protect our customer database from loss <strong>and</strong> misuse, <strong>and</strong> only allow access to it<br />
when absolutely necessary, <strong>and</strong> then under strict guidelines as to what use may be made of the<br />
personal information contained within it.<br />
Monitoring communications<br />
To make sure we follow your instructions correctly <strong>and</strong> to improve our service to you through<br />
training of our staff, we may monitor or record our communications with you.<br />
Your right to access the information<br />
Under the Data Protection Act 1998 you have the right to access information that we hold about<br />
you. In order to do this, please make a written application to our Data Protection Officer at the<br />
address below. We may require you to provide verification of your identity <strong>and</strong> to pay an<br />
administrative fee (which is currently £10) to provide a copy of the information that we hold.<br />
Please note that in certain circumstances we may withhold access to your information where we<br />
have the right to do so under current data protection legislation.<br />
Updating your information<br />
In the event that there is a change to your personal information, for example your contact<br />
details, please let us know by writing to our Data Protection Officer at the address below, so that<br />
we can keep your information up to date <strong>and</strong> accurate.<br />
Contact us<br />
If you have any queries about this Privacy Policy, or wish to stop any direct marketing of you by<br />
the <strong>Club</strong> or its group companies, or if you wish to access or update your information, please<br />
write to the Data Protection Officer, The Arsenal Football <strong>Club</strong> plc, Highbury House, 75 Drayton<br />
Park, London N5 1BU.<br />
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