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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 />

AFC St<strong>and</strong>ard Form: Last Updated 16/06/2010<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 />

AFC St<strong>and</strong>ard Form: Last Updated 16/06/2010<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 />

AFC St<strong>and</strong>ard Form: Last Updated 16/06/2010<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 />

AFC St<strong>and</strong>ard Form: Last Updated 16/06/2010<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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