10.1 As a Member of the Club, you agree to conduct yourself in a respectful and appropriate manner. Where you or any Guest fail to act respectfully or appropriately, the Club shall have the right, in its absolute discretion refuse entry and/or suspend and/or terminate your Membership.
10.2 No failure or delay by either party in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Terms and Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.3 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by below.
10.3.1 The Club may disclose your confidential information:
(a) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Terms and Conditions. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this clause; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
10.3.2 Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under these Terms and Conditions.
10.4 All notices relating to this Agreement shall be in writing and may be delivered personally, by courier or by registered mail to Fulham Pier Limited, Motspur Park, KT3 6PT. Save in respect of delivery by courier (where the deemed date for service shall be the date recorded by such courier) the deemed date for service by any such methods shall be two (2) Business Days after being sent to the intended recipient.
10.5 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
10.6 These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
10.7 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.
10.8 No variation of Membership shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
10.9 Neither party shall be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.
10.10 No one other than a party to these Terms and Conditions shall have any right to enforce any of its terms.
10.11 If there is any conflict or ambiguity between the Club Rules and the Terms and Conditions, the Terms and Conditions shall prevail.
10.12 These Terms and Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
10.13 The Club may update and amend these terms and conditions from time to time. The Club will notify you either on the telephone or in person of any material changes.
10.14 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or its subject matter or formation.