WM Club Terms and Conditions
WM Club Terms and Conditions
WM Club Terms and Conditions
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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 />
8