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Parsons Green Sports and Social Club

Broomhouse Lane, Fulham, London SW6 3DP Tel: 020 7736 1401 / Email: parsonsgreenclub@gmail.com

Club rules

Introduction
1.These Rules are made pursuant to Article 58(1) of the Articles of Association of The Parsons Green Sports and Social Club Limited (“the Club”).

2.These Rules shall be read in conjunction with the Club’s Memorandum and Articles of Association. If there is any conflict, the Club’s Memorandum and Articles of Association shall always prevail.

3.The laws in force in England, from time to time, are incorporated, by reference, into these Rules. If there is any conflict between any of these Rules and any of those laws, English law shall always prevail.

4.These Rules replace all rules, regulations and byelaws previously in force in respect of the Club.

5.These Rules are intended to apply only on a temporary basis. When the development of the Club has been satisfactorily completed, these Rules will be modified and expanded.

Definitions and Interpretation

6.In these Rules:

“Adult” means a person, who is more than 18 years old;

“Articles” means the Articles of Association of the Club, as in force from time to time;

“Board” means the board of directors of the Club at the relevant time;

“Club House” means the Club’s temporary clubhouse, which is situated on land adjacent to Daisy Lane, London SW6;

“Club Premises” means all land and/or buildings (including the Club House and the Club’s sports facilities), which are owned and/or occupied by the Club from time to time;

“Club Year” means the period from 1 April in one calendar year to 31 March in the next calendar year (inclusive);

“Greater London” means the area surrounded by the M25 motorway;

“Guest” means each and any person, who comes to the Club Premises, as a guest, pursuant to Rules 71 and/or 72 below;

“Junior Member” means a person, who is not yet an Adult and who the Club has accepted as a junior member pursuant to the Rules. The expression “Junior Membership” shall be understood accordingly;

“Licensing Laws” means the laws in force, at the relevant time, in England relating to the sale of alcoholic drinks at premises such as the Club House. The expression also includes any requirements and/or conditions imposed on the Club by the local authority from time to time and/or in any licence granted to the Club under the relevant legislation and in force at the relevant time;

“Member” means a person, who the Club has accepted as such pursuant to the Rules. The expression “Membership” shall be understood accordingly;

“Memorandum” means the Memorandum of Association of the Club, as in force from time to time;

“Non-Participant” means a person, who is not a Participant;

“Participant” means a person, who is either a Member or a Junior Member;

“Racquets Committee” is the committee referred to in Rule 99 below;

“Racquets Pavilion” means the pavilion, containing 2 squash courts and changing facilities, which has been constructed as part of the development of the Club. In the Rules and unless the context otherwise requires, the basement and the ground floor of the Racquets Pavilion form part of the sports facilities available at the Club; and

“Rules” means the rules set out in this document. References to the Rules are also references to the same as supplemented, amended and/or substituted, from time to time, in accordance with the Articles.

Except where the context otherwise requires or the expression is otherwise defined in the Rules, expressions, which are defined in the Memorandum and/or the Articles, shall have the same meanings in the Rules.

In the interpretation of the Rules, the masculine includes the feminine, the singular includes the plural and vice versa. The use of the words “including” and “includes” does not imply any limitation to the meaning of the immediately preceding words. Headings are inserted for convenience only and shall not affect the interpretation of any of the Rules.

Unless the context otherwise requires, references to the Club House, the Club Premises and/or the sports facilities available at the Club are references to each and any part thereof respectively.

Appendix 1, Appendix 2 and Appendix 3, which are attached to this document, are incorporated into, and form part of, the Rules.

If and whenever the Board has delegated any relevant power or authority of the Board to any committee of directors, committee of Members and/or to an individual director in accordance with the Articles, then, unless the context otherwise requires, references, in the Rules, to “the Board” shall be read and construed as references to that committee or to that individual (as the case may be).

Subject to any limitations that may be imposed by law and/or in the Articles, the Board shall have absolute discretion in making such decisions and/or determinations, as it is entitled to make in accordance with the Rules, and shall not be required to provide its reasons for making the same.

References, in the Rules, to a payment being made by a person include reference to that payment being made on his behalf.

Each of the Rules shall be read and construed separately. Unless expressly stated, the wording of one of the Rules will not limit or restrict the application of another of the Rules.

Name, Objects and Colours

7.The Club is commonly called “The Parsons Green Sports and Social Club” and/or “The Parsons Green Club”.

8.The objects of the Club shall be of a non-political character and shall be to provide, for the Participants, the privileges, advantages and convenience of a sports and social club. The aim of the Club is to give Participants the facilities and opportunity to meet socially and to play games of skill, both indoors and outdoors.

9.The Club’s colours are blue, green, cerise, white and gold.

Members

10.No person may be a Member unless he is an Adult.

11.Each Member is a member of the Club for the purposes of the Memorandum and the Articles and is entitled to attend and/or vote at general meetings of the Club.

12.The Members are divided into 3 categories, namely:

(a)“Ordinary Members” For a Club Year, this category includes all those who satisfy the above age criterion and who have paid the appropriate individual subscription to the Club. For the avoidance of any doubt, this category does not include any of the Junior Members.

(b) “Honorary Members” Honorary Members shall be (a) persons of distinction; (b) individuals who have rendered valuable service to the Club; and/or (c) directors or former directors, who have completed at least 12 years service on the Board. Appointment as an Honorary Member is subject to the prior recommendation of the Board and confirmation by the Club in general meeting. After the development of the Club has been satisfactorily completed, the names of those so appointed will be recorded on the honours board in the new clubhouse.

(c) “Life Members" Subject to confirmation by the Club in general meeting, each person, who has been a Member for an aggregate of 40 years, shall be appointed as a Life Member PROVIDED THAT no person, who first became a Member after 31 December 2013, shall be appointed as a Life Member.

13.Except in accordance with the laws of England and the Memorandum, no Member (in his capacity as such) has any right or interest in the assets of the Club or any of them.

Junior Members

14.A Junior Member is not a member of the Club for the purposes of the Memorandum and the Articles and is not entitled to attend and/or vote at general meetings of the Club. No Junior Member (in his capacity as such) has any right or interest in the assets of the Club or any of them.

Acceptance of Participants

15.Nobody shall become a Participant until (a) he has completed and signed an application form, containing such information as the Board may reasonably require; (b) he has paid the appropriate entrance fee; (c) he has paid the appropriate subscription for the Club Year in question; and (d) the Board has approved his acceptance as a Participant. By signing the application form, such person (an “Applicant”) agrees that, whilst, and for so long as, he remains a Participant, he will be bound by, and will fully comply with, the Rules.Whether in the application form or during an interview with the Board, any and all information, which an Applicant provides, shall be true, accurate and complete in all material respects. If the Board subsequently discovers that this was not the case, Rule 88 below shall apply as if the Applicant had been a Participant when he provided such information.

16.If the Applicant wishes to become a Junior Member, a Member (who is acceptable to the Board) must sign the application form. Such signature constitutes a guarantee by such signatory that, whilst, and for so long as, he remains a Junior Member, the Applicant will be bound by, and will fully comply with, the Rules.

17.The Board shall not approve any application until the Applicant has attended an interview with the Board PROVIDED THAT this Rule may be waived in the case of an Applicant applying for Junior Membership.

18.Until all the procedures described above have been completed and the Applicant has been advised accordingly, the Applicant is not a Participant and does not enjoy any of the benefits and/or privileges of a Participant.

19.The entrance fee shall be of such amount as the Board may, from time to time, determine. If the Applicant wishes to become a Participant during a Club Year, the Board may reduce the annual subscription, payable by that Applicant for that Club Year, on such basis as the Board may decide.

Disqualification of Applicants

20.No rejected Applicant may apply again to become a Participant until at least 6 months after the date of that rejection. An Applicant, who is rejected on 2 separate occasions, may not apply again to become a Participant.

21.Following consultation with the Racquets Committee, the Board may, from time to time, decide on the maximum number of Participants, who will be entitled to play squash and/or tennis at the Club during a Club Year. In the application of Rule 20 above, the rejection of an Applicant, solely on the grounds that such a quota for a Club Year has already been reached, shall be entirely disregarded.

22.A former Participant, who has been expelled from the Club, may not (a) apply to become a Participant again; and/or (b) enter Club Premises for any reason, unless the Board shall decide otherwise in each particular case.

Subscriptions

23.In reasonable time before the beginning of each Club Year, the Board shall determine the amount of the subscriptions, which will be applicable for that Club Year. It is acknowledged that the same subscription will not necessarily be payable by all Participants, who will enjoy the same rights and privileges during the Club Year in question.

24.By paying a subscription for a Club Year, each Participant (a) becomes entitled, during that Club Year, to use the Club House; and (b) re-states his agreement to be bound by, and fully to comply with, the Rules.

25.Each Participant, who wishes to use the squash and/or tennis facilities that are available for Participants at the Club, shall pay an additional amount as part of his subscription. For each Club Year, the Board shall determine what such additional amount shall be, but it need not be identical for each Participant who wishes to play the same sport and it will probably differ from sport to sport.

26.During a Club Year, a Participant is entitled to use any sports facility at the Club, which is covered by the subscription that he has paid for that Club Year. A Participant is not, however, permitted to, and he will not, make use of any other sports facility at the Club.

27.Subject to Rule 28 below, a subscription, which has been paid by a Participant, will only be refundable (in whole or in part) in exceptional circumstances and with the prior approval of the Board.

28.If, for any reason and during a Club Year, a Participant is unable, through illness, injury or involuntary absence from Greater London, to utilise all the facilities of the Club which he is entitled to use, the Club may refund the whole or part of the subscription previously paid by him for that Club Year PROVIDED THAT (a) such illness, injury or absence first occurred, and can reasonably be expected to last for at least 3 months, during the Club Year in question; and (b) the Participant in question notifies the Board as soon as reasonably practicable of the occurrence of the same and provides such evidence thereof as the Board may require. The amount of any such refund shall be as determined by the Board.

29.Honorary Members and/or Life Members are not obliged to pay any subscription for any Club Year. However, such persons (and particularly those who use the squash and/or tennis facilities at the Club) are encouraged to make a voluntary annual contribution to the Club.

Payment of Subscriptions

30.A subscription, payable in respect of a Club Year, is due and payable, in advance and in full, before the first day of that Club Year.

31.A Participant, who does not intend to renew his subscription, is asked to give the Board as much advance notice of that fact as possible.

32.For the purposes of the Rules, a subscription is only paid when that payment has been made in full, by or on behalf of the Participant in question, and received, in readily available funds, by, or on behalf of, the Club. Each Participant is solely responsible for making sure that his payment reaches the Club.

Participants in Arrears and Participants in Default

33.A Participant, who does not pay his subscription, in full, within 14 days of the same becoming due and payable as above, shall automatically, and without notice, become a “Participant in Arrears”.

34.Subject to Rule 36 below, a Participant in Arrears is not entitled (a) to enter Club Premises for any reason whatsoever; and/or (b) to use any of the sports facilities available at the Club.

35.A person may cease to be a Participant in Arrears only by paying the appropriate subscription, in full, for the Club Year in question PROVIDED THAT such payment must be made within 16 days of that person becoming a Participant in Arrears. If a person remains a Participant in Arrears for 16 days, that person shall automatically become a “Participant in Default”.

36.If a Member during one Club Year becomes a Participant in Arrears during the next Club Year, then, notwithstanding Rule 34 above, such person remains a member of the Club for the purposes of the Memorandum and the Articles unless, and until, he becomes a Participant in Default. Being entitled to attend and vote at general meetings of the Club, such person may enter Club Premises solely for that purpose but must leave the Club Premises as soon as the general meeting is over. However, if such person becomes a Participant in Default, then (without prejudice to any continuing obligation under Clause 5 of the Memorandum) his membership of the Club shall automatically cease in accordance with Article 2(3) of the Articles.

37.A Participant in Default shall automatically cease to be a Participant. Without prejudice to the generality of the foregoing, a Participant in Default is not entitled to enter Club Premises for any reason whatsoever and/or to participate in any sport available at the Club.

38.A Participant in Default, who wishes to recover all or any of the rights and privileges of a Participant, must re-apply, as an Applicant, in accordance with Rules 15 to 19 (inclusive) above.

39.Either generally or in a particular case, the Board may extend all or any of the time periods set out in Rules 33 and/or 35 above.

Club Premises

40.The Club shall operate and maintain such security (including the use of photo entry/membership cards) on the entrance to Club Premises and the Racquets Pavilion as the Board may, from time to time, decide is appropriate, in order to prevent unauthorised entry. All Participants shall comply with the security arrangements as so implemented and a Participant, who fails to do so, may be refused entry to Club Premises. Whilst a Participant is on Club Premises, he will immediately comply with any request, from a director and/or a member of the Racquets Committee, that he produces evidence that he is indeed a Participant.

41.At all times whilst he is present on Club Premises, a Junior Member must be both accompanied and closely supervised by a Member. Such Member is entirely responsible for ensuring that the Junior Member complies with and abides by the Rules and such Member undertakes to the Club that the Junior Member will do so. The same Member may not be accompanying and supervising more than 2 persons who are under 18 years old (being 2 Junior Members or 1 Junior Member and 1 Guest) at the same time. Every Junior Member must leave the premises before 8.00pm on each and every evening.

42.A Participant shall not lend his door entry/membership card to any other person. If a Participant’s said card is lost or stolen, that Participant shall immediately inform the Board. A replacement card will be issued in return for such payment as the Board may, from time to time, decide.

43.Except with the prior approval of a director in each particular case, no dog (other than a guide or hearing dog) or other pet is permitted on Club Premises.

44.The only permitted access to Club Premises is via the gate on Daisy Lane (“the Daisy Lane Gate”) with a combination lock. No Participant shall enter Club Premises otherwise than through the Daisy Lane Gate. The combination number must never be given to anybody, who is not a Participant.

45.The Daisy Lane Gate is a “pedestrians only” gate. Bicycles, scooters and the like may be brought through the gate, but must never be ridden on Club Premises. These must not be left leaning against the ramp leading to the Club House. This impedes the access of other Participants; particularly those suffering from a disability.

46.Rule 45 above does not apply to those Participants who need to use a wheelchair for mobility.

47.Unless the Club House is open at that time or it is apparent that other members are still playing squash or tennis and/or using the changing rooms in the Racquets Pavilion, each Participant must make sure that the Daisy Lane Gate is padlocked shut when he leaves the Club Premises. This is an essential security requirement, which applies throughout the whole day. Given that all the Participants should be aware of the code to the padlock, it is preferable to lock this gate unnecessarily than to leave it unlocked mistakenly.

48.If it considers this to be necessary, appropriate and/or commercially sensible in particular circumstances, the Board may close the Club House and/or all or any of the Club’s sports facilities for a specified, or unspecified, period. The Board will give the Participants as much advance notice of any such closure as may be reasonably practicable.

49.For the purposes of a particular event or function, the Board may close the Club House and/or all or any of the Club’s sports facilities, for a specified period, to (a) Junior Members; (b) Participants generally; (c) Participants who do not pay an entrance fee; and/or (d) Participants who have not pre-purchased an admittance ticket. The Board will give the Participants as much advance notice of such closure as may be reasonably practicable.

50.No Participant shall use any facility on Club Premises except at a time when such facility is open and available for Participants in accordance with the Rules.

51. In the interests of safety, security and practicality during the development period, there are important, ancillary rules, provisions and acknowledgements, which are set out in Appendix 3 and which apply to all those using the sports facilities at the Club. Each of the Members agrees and undertakes (a) to abide by and comply with each and all of such rules, provisions and acknowledgements; and (b) that each of the Junior Members and/or Guests, who he is accompanying and supervising in accordance with Rule 41 above, will, whilst being so accompanied and supervised, abide by and comply with each and all such rules, provisions and acknowledgements.

The Club House

52.The Board will, from time to time, fix (and notify the Participants of) the times during which the Club House will be open.

53.The Board may vary all or any of the above opening times on special occasions and/or in unusual circumstances. However, the Board will give the Participants as much advance notice of any such variation as may be reasonably practicable.

54.The Board will, from time to time, fix the maximum number of people who, for safety reasons, may be in the Club House at any one time. Once that limit has been reached, any director may refuse entry to any Participant and/or Guest.

55.The bar in the Club House (“the Bar”) will be operated in accordance with the Licensing Laws. If, at any time, there is any conflict between any of the Rules and the Licensing Laws, the latter will always prevail. Whilst in the Club House, all Participants shall comply with the Licensing Laws.

56.A Junior Member must never come into the area close to the Bar, but must remain at the other end of the Club House.

57.Any director is entitled to require a proof of age from any person, who is seeking to buy an alcoholic drink at the Bar. If satisfactory proof is not promptly provided, such person shall not be permitted to buy an alcoholic drink.

58.The only alcoholic drinks, which may be consumed on Club Premises, are those that have been purchased at the Bar. This provision may, however, be waived by the Board for a particular event and/or function.

The Racquets Pavilion

59.Only those Participants, who have paid the appropriate subscription and are thus entitled to play squash at the Club, may use either of the squash courts.

60.For the time being at least, racquetball may not be played in either of the squash courts. The squash courts have been designed and built for squash. The on-court lights, for example, would require significant additional protection if the courts were to be used for racquetball.

61.In general, the squash courts can be used between 8:30am and 10:00pm on any given day. Those Participants, who are using it to change after playing squash or tennis, must vacate the Racquets Pavilion by 10:30pm.

62.When leaving the Racquets Pavilion after playing and/or changing, Participants must take all their belongings with them and must leave nothing in any locker. There are a limited number of lockers and the board reserves the right to remove any property, which is left in a locker in breach of this provision.

63.When using the changing rooms in the Racquets Pavilion, Participants must leave all their litter in the bins provided and keep the changing rooms tidy.

64.The Racquets Pavilion has a men’s changing room in the basement and a ladies’ changing room on the ground floor. These changing rooms are for use by Participants, who are entitled to play squash and/or tennis at the Club. There is also a separate disabled lavatory. A Participant, who is the last person to leave a changing room, must switch off the main light in that room. The lights for the showers and in the area of the lavatories are operated by motion sensors and will switch themselves off automatically.

65.There will be a residential flat, on the first floor of the Racquets Pavilion, which will eventually be lived in by an employee of the Club. Participants do not have access to this flat and must not go beyond the foot of the stairs, which lead up to it from the ground floor. The construction and fitting-out of this flat has not yet been completed and the first floor of the Racquets Pavilion is, therefore, extremely dangerous. Any Participant, who goes up these stairs, is a trespasser, who is voluntarily exposing himself to considerable risk.

66.For the foreseeable future, the Racquets Pavilion will be contained within a compound made up of hoardings/fences, which will separate it from the adjoining construction site. For as long as there is still work to be done in the vicinity of the Racquets Pavilion, the areas on the construction site side, and at the back, of the Racquets Pavilion will be unsafe and access to these areas will also be blocked off.

The Tennis Courts

67.Only those Participants, who have paid the appropriate subscription and are thus entitled to play tennis at the Club, may use any of the 3 tennis courts.

68.Normally, the tennis courts will be open from 8:30am until 9:45pm on any given day. All Participants must leave the tennis courts at, or before, 9:45pm.

69.Participants, who are using a tennis court, must leave all their litter in the bins provided.

70.Participants, who are using the floodlights, must (a) be aware that the floodlights will switch off automatically at 9:45pm; and (b) switch the floodlights off when they leave the court unless another Participant, who will need to use those lights, has already arrived at the courts.

Guests and Visitors

71.Subject to the rules and provisions set out in Appendix 1, a Member may invite Non-Participants to visit the Club House as Guests.

72.Subject to the rules and provisions set out in Appendix 2, a Member may invite Non-Participants to come to the Club, as Guests, in order to use the sports facilities available at the Club.

73.A Junior Member is not permitted, under any circumstances, to invite and/or bring a Non-Participant to the Club Premises.

Communication with Participants

74.In order that it may comply with its statutory obligations and keep Participants informed of relevant matters, it is important that the Club should have up-to-date postal and (where possible) email addresses for all Participants. Where this is practicable, the Club will contact Participants by email.

75.To the extent that he has not already done so, each Participant is responsible for notifying the Board of his current postal and (if he has one) email address.
76.Each Participant will inform the Board as soon as may be reasonably practicable (and, in any case, within 14 days) after there is any change to his postal and/or email address or if he acquires a new email address.

77.Any communication from the Club, which is despatched to a Participant at the last address (whether postal or email) previously notified by him to the Board, shall be deemed, for all purposes, to have been received by that Participant.

77.Any communication from the Club, which is despatched to a Participant at the last address (whether postal or email) previously notified by him to the Board, shall be deemed, for all purposes, to have been received by that Participant.

Directors

78.In accordance with the Articles, no person may be appointed as, or be, a director unless he is a Member. It is the intention that, except in unusual circumstances, no Member shall become a director until he has been a Participant for at least 5 years.

79.By virtue of the fact that he is a director, each and any director shall be entitled (a) to be present at any and all meetings of a committee or sub-committee of the Club or a section of the Club; and (b) to address such meeting(s). Subject to Rule 103 below, a director shall not, however, be entitled to vote unless he is an actual member of the committee or sub-committee in question.postal and/or email address or if he acquires a new email address.

Behaviour

80.Whilst on Club Premises, no Participant shall do any act or thing which (a) is illegal under the laws of England; (b) constitutes a nuisance or annoyance (whether to other users of Club Premises or to the Club’s neighbours); and/or (c) adversely and unreasonably affects the enjoyment of Club facilities by any other Participant. Whilst on Club Premises, each Participant shall act reasonably and shall have due and proper regard for the safety of all the other users of Club Premises.

81.Without prejudice to the generality of Rule 80 above, the following behaviour is not permitted anywhere on Club Premises (a) drunkenness; (b) the use of loud and/or abusive language; (c) swearing; (d) unseemly, disorderly and/or violent conduct; (e) the introduction and/or use of any illegal substance (as defined by law); and/or (f) discrimination on the grounds of colour, sex, nationality and/or fundamental beliefs. Without prejudice to Rule 88 below, a Participant, who is in breach of this Rule, may immediately be expelled from the Club Premises.

82.No Participant shall leave, or deposit, any rubbish or litter on Club Premises, except in a designated receptacle.

83.Whilst on Club Premises, Participants may only smoke in outdoor areas where smoking is expressly permitted.

84.When entering or leaving the Club Premises, each Participant shall demonstrate a due and proper regard for the rights and interests of the Club’s neighbours and will avoid causing any nuisance and/or disturbance.

85.Each Participant, who is involved in a match with a visiting sports team, will use reasonable efforts to ensure that each member ofthat visiting sports team also complies with Rules 80 to 84 (inclusive) above.

86.It is the duty of each Participant to report, to the Board, each and any breach of Rules 80 to 84 (inclusive) above, which that Participant becomes aware of.

Disputes between Participants

87.The Board shall investigate any dispute on any Club matter, which is between 2 or more Participants and which is referred to, or brought to the attention of, the Board. Following such investigation, the Board’s decision on the matter shall be final.

Power of the Board to Reprimand, Suspend or Expel Participants

88.The Board shall have absolute power to: (a) reprimand; (b) suspend the participation rights of; and/or (c) expel from Membership and/or Junior Membership of the Club each and any Participant, who has breached any of the Rules and/or whose conduct (in whatever capacity and whether inside or outside Club Premises), has, in the Board’s opinion, prejudiced the character or interests of the Club. Any Participant, who receives at least 7 clear days’ prior written notice, signed by the Chairman of the Board and containing a statement of the complaint(s) arising, shall attend before the Board as directed. If the Participant in question does not so attend for any reason, the Board shall be entitled to make its decision in his absence. The decision of the Board shall be final, but a majority of at least two-thirds of the directors present shall be required to effect suspension and/or expulsion.

89.As regards the subscription already paid by a Participant for the Club Year in which he is suspended or expelled, Rule 27 above shall apply PROVIDED THAT the suspension or expulsion shall never, of itself, constitute exceptional circumstances.

Indictable Offences and Bankruptcy

90.Each and any Participant, who has been convicted of an indictable offence (whether or not he intends to lodge an appeal) or has been adjudged bankrupt or made a composition or arrangement with his creditors under the provisions of any statute, shall report that conviction, adjudication, composition and/or arrangement to the Board within 14 days of the same having occurred.

91.If a Participant has been convicted of an indictable offence, then, once the time for lodging an appeal has passed or (if an appeal against that conviction has been lodged) after such appeal has been dismissed, that Participant shall automatically cease to be a Participant.

92.If a Participant shall be adjudged bankrupt or make a composition or arrangement with his creditors as above, then that Participant shall automatically cease to be a Participant 14 days after such adjudication, composition and/or arrangement was made.

93.The Board may waive the application of Rules 90 to 92 (inclusive) above in each and any particular case and, in granting such waiver, the Board may impose such conditions as it thinks fit.

Property of the Club

94.Except with the prior consent of the Board in each particular case, no Participant shall remove any property of the Club from Club Premises.

95.Each Participant shall take all reasonable steps to safeguard and protect the property of the Club. Promptly upon demand from the Board, each Participant shall reimburse the Club for the full cost of repairing and/or replacing any and all property of the Club, which such Participant shall have damaged and/or destroyed. The provisions of this Rule are without prejudice to the provisions of Rule 88 above.

Participants’ Property

96.Without prejudice to Rule 62 above and whilst he is not himself on Club Premises, no Participant shall (except with the prior permission of the Board) keep or store any of his property on Club Premises. The Board reserves the right to remove any property, which is so kept or stored in contravention of this Rule. Without prejudice to its generality, Rule 97 below shall also apply.

97.The Club shall have no liability whatsoever and howsoever arising (whether in contract or in tort, including negligence, or otherwise howsoever) as a result (whether direct or indirect) of any and all loss of and/or damage to the property of each and any Participant whilst such property is on Club Premises.

98.Without prejudice to any other provision of the Rules, in Rule 97 above (a) the expression “Participant” shall also refer to each and any person, who has come to the Club Premises, as a Guest, pursuant to Rule 71 and/or 72 above; and (b) the expression “property” includes clothes, money, valuables, jewellery and/or sports equipment.

Sports Committees

99.The day-to-day management of each sports section at the Club shall be vested in a committee, which will be elected by the Participants in that section from amongst their own number. Each such committee is referred to as a “Sports Committee”. For the present, the only sports section, which is active at the Club, is the racquets section and the day-to-day management of that section is the responsibility of the Racquets Committee.

100.To the extent that it has not already done so, each Sports Committee shall formulate a constitution for itself PROVIDED THAT no such constitution shall be adopted unless, and until, the Participants in the relevant sports section and the Board have approved it. Once so approved, such constitution shall be adopted and adhered to and shall automatically form part of the Rules. Once adopted, a constitution may only be amended, supplemented and/or replaced with the prior approval of (a) the Participants in the relevant sports section; and (b) the Board.

101.Subject to the limitations imposed by, or as a result of, the on-going development of the Club Premises, each Sports Committee shall organise and hold functions, events, tournaments, leagues, competitions, matches and social sports for the section, which it represents. Each Sports Committee shall also administer that part of the Club’s website that is specific to the sports section which it represents.

102.Subject to the prior approval of the Board, each Sports Committee shall also formulate and apply rules and regulations relating to matters, which are relevant to the sports section that it manages on a day-to-day basis. Such relevant matters must include (a) a dress code; (b) assessment of playing standards; (c) a system and need for booking the relevant sports facilities in advance; (d) limitations on the acceptability of Guests; and/or (e) conduct and behaviour whilst participating in the relevant sport. Once established and approved as above, such rules and regulations shall be adhered to and shall automatically form part of the Rules.

103.If a Sports Committee consistently fails to perform any of its above functions and the Board believes that such failure is detrimental to the interests of the relevant sports section and/or to the Club as a whole, the Board may co-opt any number of willing Participants (who may also be directors) to that Sports Committee. Notwithstanding anything contained in Rule 79 above, the co-opted Participants may convene meetings and may attend, speak and vote at any meeting of the Sports Committee in question.

Receipts and Expenditure

104.Except as otherwise agreed by the Board in each particular case, any and all money, which is paid: (a) in return for the use of Club Premises and/or any other property of the Club; (b) as a Guest fee; and/or (c) as an entrance, or participation, fee for any event, function, tournament, raffle, quiz, competition and/or the like, which is held on Club Premises belongs to the Club. Any Participant, who receives any such money (whether personally or on behalf of a Sports Committee or organising committee), shall immediately account to the Club for the full amount of the same.

105.Except with the prior authorisation of the Board (either generally or in a particular case), no Participant has any authority to, and he shall not, make any payment and/or incur any obligation whatsoever on behalf of the Club.

106.Without prejudice to Rule 105 above, a Participant, who does make a payment on behalf of the Club, shall promptly provide the Club with a receipt from the supplier of the relevant goods or services. Whenever the payment includes VAT, that receipt shall be a valid VAT receipt.

107.Without prejudice to Rule 88 above, a Participant, who is breach of Rules 104, 105 and/or 106 above, shall indemnify the Club and shall keep the Club fully and effectively indemnified against any and all costs, claims, demands, liabilities and/or expenses whatsoever, which may be suffered or incurred by the Club as a result of such breach.

Safety

108.A Participant, who becomes aware of the same, shall immediately inform a director of any event, circumstance and/or situation, which might reasonably be expected to endanger and/or adversely affect the health and/or safety of each and any person, who is on Club Premises.

109.Each Participant and each Guest acknowledges the risks involved in playing any sport and, by so participating, voluntarily accepts the same. Without prejudice to the generality of the foregoing, it is accepted that, in certain weather conditions, tennis courts may become slippery and that Participants and Guests play at their own risk.

110.If a Participant or his Guest is injured whilst on Club Premises, the Participant shall immediately report the same to a director, in order that the appropriate record may be kept.

Suggestions and Complaints

111.A Participant, who has a suggestion or complaint to make about any Club matter, should use the “suggestions/complaints” book, which is available in the Club House.

Signs and Notices

112.Except with the prior consent of the Board in each particular case, no Participant shall put up or display any sign, notice and/or advertisement anywhere on Club Premises PROVIDED THAT this Rule shall not apply to any notice, which is posted by a Sports Committee as part of the performance of its responsibilities.

113.Whenever, in accordance with the Rules, a Participant is required or obliged to report to, give notice to, notify and/or inform the Board and/or a director on, or with regard to, any fact or matter, that Participant may do so in writing and shall either send or deliver the same to the Club House or send the same, by e-mail, to the Club’s e-mail address.

Display of the Rules

114.The Rules are displayed on the Club’s website and a copy of the Rules is available in the Club House. Ignorance of the Rules (or any of them) will never be an excuse for a breach of any of the Rules.

APPENDIX 1 Guests visiting the Clubhouse

Introduction

This Appendix relates to Non-Participants being invited to come to the Club House, as Guests, for purely social purposes.The policy, which is set out in this Appendix, is divided into 2 parts. In Part 1, there are the provisions, which relate to the Member, who is inviting a Guest to come to the Club House. In Part 2, there are the rules relating to each individual Guest. Before inviting a Guest to come to the Club House, it is important that all Participants should read both parts of this policy carefully. In this Appendix, each Non-Participant, who visits the Club Premises, at the invitation of a Member, in order to come to the Club House for purely social purposes, is referred to as a “Guest”. Each Member, who invites a Guest to come to the Club Premises for that purpose, is referred to, in relation to that Guest, as “the Host”. For the purposes of this Appendix, a member of a visiting team, who has come to the Club Premises in order to play in a squash or tennis match against an official Club team and who subsequently comes into the Club House, is not regarded as a Guest. If the Club House is being used for a particular event or function, to which Non-Participants might be invited, the Board may, at its discretion, augment and/or vary all or any part of this policy in relation to that event or function.

Part 1

A Host must be a Member. A Junior Member may never invite a Non-Participant to come to the Club Premises for any purpose. A Host may only invite, and bring, a Guest to the Club House on the basis described below.

In particular:

1.Each Member may only invite one Guest to come to the Club House at any time. In short, the same Member may never have two or more Guests present in the Club House at the same time.

2.Nobody, who is less than 8 years old, is permitted to come to the Club House as a Guest. If a Guest is less than 18 years old, he (a) must be both accompanied and closely supervised by a Host; and (b) must never come into the area close to the bar, but must remain at the other end of the Club House.

3.A Guest (a) may only access the Club Premises whilst accompanied by the Host; and (b) must leave the Club Premises before the Host leaves the Club Premises. A Host may not leave the Club House whilst his Guest is in the Club House.

4.Upon arrival in the Club House, a Host must (a) register the Guest in the book provided and must specify, in that book, that he is the Host for that Guest; and (b) pay the guest fee of £2, in cash, to the Club’s representative, who is in charge of the bar at that time (“the Club’s representative”). However, a Non-Participant, who has already paid the requisite fee in order to play squash or tennis, as a Guest, at the Club, need not pay the additional £2 fee to then come into the Club House on that same visit to the Club Premises.

5.For the time being, there is no limit on the number of times that an individual can come to the Club House, as a Guest, during any given period.

6.By inviting a Guest to come to the Club House, a Host guarantees that that Guest will be aware of and will fully comply with and adhere to each and every one of the provisions and acknowledgements set out in Part 2 of this Appendix (“the Provisions and Acknowledgements”). Each Host also guarantees that each Guest will be aware of and will fully comply with and adhere to the relevant provisions of Rules, as in force at the relevant time.

7.For the purposes of Paragraph 6 above, the relevant provisions of the Rules shall (a) be interpreted and applied (where necessary) as if the Guest were a Participant; and (b) include Rules 55, 56, 57, 58, 80, 81, 82, 83, 84 and 97.

Part 2

The Provisions and Acknowledgements, which each Guest must fully comply with and adhere to, are set out below.In particular:

(A)The only permitted access to Club Premises is via the gate on Daisy Lane (“the Daisy Lane Gate”). No Guest shall enter Club Premises otherwise than through the Daisy Lane Gate.

(B)The Daisy Lane Gate is a “pedestrians only” gate. Bicycles, scooters and the like may be brought through the gate, but must never be ridden on Club Premises. These must not be left leaning against the ramp leading to the Club House. This impedes the access of others; particularly those suffering from a disability. These provisions do not, however, apply to a Guest, who needs to use a wheelchair for mobility.

(C)Much of the Club Premises is a construction site, which is an inherently dangerous place. Whilst on Club Premises, a Guest must never leave the Club House and/or the grass area immediately surrounding the Club House. Whilst on the Club Premises, a Guest must never pass through, or over, any hoarding, fence and/or wall, which has been constructed, or put in place, around the edge of that grass area. A Guest, who disregards this rule, is voluntarily and recklessly accepting an unnecessary risk.

(D)Whilst inside the Club House, a Guest will fully and promptly comply with the lawful requirements of the Club’s representative.

(E)The Club accepts no responsibility whatsoever for loss of and/or damage to, any property, which a Guest may bring into the Club Premises. This provision applies even if the Club has been negligent.

(F)When arriving at, or leaving, the Club Premises and whilst on Club Premises, a Guest must behave with due and proper consideration for the Club’s neighbours.

APPENDIX 2 Guests playing squash or tennis

Introduction

This Appendix relates to Non-Participants being invited to come to the Club Premises, as Guests, in order to play squash and/or tennis. The same Guest may not, however, play both squash and tennis during the same visit to the Club Premises. The policy, which is set out in this Appendix, is divided into 2 parts. In Part 1, there are the provisions, which relate to the Member, who is inviting a Guest to come to the Club Premises to play squash or tennis. In Part 2, there are the rules relating to each individual Guest. Before inviting a Guest to come to the Club Premises for that purpose, it is important that all Participants should read both parts of this policy carefully. In this Appendix, each Non-Participant, who visits the Club Premises, at the invitation of a Member, in order to play squash or tennis, is referred to as a “Guest”. Each Member, who invites a Guest to come to the Club Premises for that purpose, is referred to, in relation to that Guest, as “the Host”. A Guest is not entitled to play any sport (being either squash or tennis), which the Host is not entitled to play at the Club. For the purposes of this Appendix, a member of a visiting team, who has come to the Club Premises in order to play in a squash or tennis match against an official Club team, is not regarded as a Guest.

Part 1

A Host must be a Member. A Junior Member may never invite a Non-Participant to come to the Club Premises for any purpose. A Host may only invite, and bring, a Guest to the Club Premises, in order to play squash or tennis, on the basis described below.In particular:

1.Each member may only invite one Guest to come to the Club Premises at any time. In short, the same Member may never have two or more Guests present at the Club at the same time.

2.Nobody, who is less than 8 years old, is permitted to come to the Club Premises as a Guest. If a Guest is less than 18 years old, he must be both accompanied and closely supervised by a Host at all times whilst he is on the Club Premises. If necessary, younger Guests must be reminded that they have come to the Club Premises in order to play squash or tennis and that the site is not a playground.

3.A Host, who invites a Guest to come to the Club Premises, must book the required squash or tennis court, in advance, using the online booking system. When booking the court, the Host must specify that he will be playing with a Guest.

4.A Guest (a) may only access the Club Premises whilst accompanied by the Host; and (b) must leave the Club Premises before the Host leaves the Club Premises.

5.Upon arrival at the Club Premises, a Host must (a) register the Guest in the book provided in the Racquets Pavilion and must specify, in that book, he is the Host for that Guest; and (b) pay the guest fee of £10, in cash, into the box, which is also provided in the Racquets Pavilion. Without exception, registration and full payment must take place before a Guest begins to use any of the Club’s squash or tennis facilities.

6.For the time being, there is no limit on the number of times that an individual can come to the site, as a Guest, during any given period.

7.By inviting a Guest to the Club Premises, a Host guarantees that that Guest will be aware of and will fully comply with and adhere to each and every one of the provisions and acknowledgements set out, or referred to, in Part 2 of this Appendix (“the Provisions and Acknowledgements”). Each Host also guarantees that each Guest will be aware of and will fully comply with and adhere to (a) the relevant provisions of the Rules, as in force at the relevant time; and (b) all additional rules and regulations, which the Racquets Committee may formulate from time to time

.8.For the purposes of Paragraph 7 above, the relevant provisions of the Rules shall (a) be interpreted and applied (where necessary) as if the Guest were a Participant; and (b) include Rules 44, 45, 51, 55, 56, 57, 58, 62, 63, 65, 68, 69, 80, 81, 82, 83, 84, 95, 95, 96, 97, 98 and 109.

Part 2

The Provisions and Acknowledgements, which each Guest must fully comply with and adhere to, are set out, or referred to, below.In particular:

(A)The only permitted access to Club Premises is via the gate on Daisy Lane (“the Daisy Lane Gate”). No Guest shall enter Club Premises otherwise than through the Daisy Lane Gate.

(B)The Daisy Lane Gate is a “pedestrians only” gate. Bicycles, scooters and the like may be brought through the gate, but must never be ridden on Club Premises. These must not be left leaning against the ramp leading to the Club House. This impedes the access of others; particularly those suffering from a disability. These provisions do not, however, apply to a Guest, who needs to use a wheelchair for mobility.

(C)The Club accepts no responsibility whatsoever for loss of and/or damage to, any property, which a Guest may bring into the Club Premises. This provision applies even if the Club has been negligent.

(D)When arriving at, or leaving, the Club Premises and whilst on Club Premises, a Guest must behave with due and proper consideration for the Club’s neighbours.

In addition to the above (and as part of the Provisions and Acknowledgements), each Guest must fully comply with and adhere to each and all of the provisions set out in Appendix 3 below.

APPENDIX 3 Rules, Provisions and Acknowledgements

(A)Access to the Racquets Pavilion is along the concrete, fenced-in path, which runs to the left from behind the Club House and then along the gap between The Hurlingham Academy and the side of the Racquets Pavilion. One then turns right into the Racquets Pavilion compound. Before making this right turn, nobody must ever leave the concrete path. Whilst the access to the side of the Racquets Pavilion (closest to the construction site) and/or the back of the Racquets Pavilion (closest to the Club House) is blocked off, nobody may try to go down this side or seek access to the back of the Racquets Pavilion. In this Appendix, “Racquets Pavilion compound” includes (a) the side of the Racquets Pavilion next to the concrete path and close to The Hurlingham Academy; and (b) the front of the Racquets Pavilion, which includes the entrance doors. The expression does not, however, include the side of the Racquets Pavilion closest to the construction site and/or the area at the back of the Racquets Pavilion; both of which are fenced-off.

(B)To access the 3 tennis courts, one does not make the right turn (which is referred to in Paragraph (A) above) into the Racquets Pavilion compound, but one continues along the concrete path until one reaches the gate into the tennis courts. Before reaching the gate into the tennis courts, nobody must ever leave the concrete path.

(C)A Participant or Guest, who ignores the provisions of Paragraph (A) and/or (B) above and leaves the concrete path, is voluntarily putting himself in harm’s way and inviting injury.

(D)Between the Sulivan Road houses and the back of the 3 tennis courts, there is a small temporary tennis hut, which can be used for shelter. The access to this hut lies over rough, overgrown ground and particular care will need to be taken by those who elect to use it. Between the 3 tennis courts and the temporary tennis hut, there is a padlocked gate. The combination number must not be given to anybody who is not a Participant. Anybody, who uses this gate (which is important to the security of the Club Premises as a whole), must ensure that it is locked again when he leaves the tennis courts.

(E)The whole of the Club Premises (apart from (a) the fenced-in areas of the above concrete path and the tennis courts; (b) the Racquets Pavilion compound; (c) the small area of land, between the Sulivan Road houses and the 3 tennis courts, where the temporary tennis hut is situated; and (d) the Club House and the small area of land immediately surrounding it) is a building site and it is neither occupied nor controlled by the Club. A building site is an inherently dangerous place and all Participants and Guests must already be well aware of the risks involved. In a strong wind, the temporary fencing will be an additional, potential hazard. Whilst the Club is obviously very concerned, each Participant and Guest, who has voluntarily come onto the site, must bear principal responsibility for his own safety. Thus, all Participants and Guests must behave with great care and caution at all times.

(F)Whilst on Club Premises, nobody may enter onto land that is neither occupied nor controlled by the Club and/or pass through or over any hoarding, fence and/or wall, which has been constructed, or put in place, on the site. The only exceptions to this rule are obvious. Participants and Guests may enter and leave (a) the Racquets Pavilion by the front door; and (b) the fenced-off tennis courts through the gates provided.

(G)By coming on to the Club Premises, each Participant and Guest acknowledges that, on that and on each and every subsequent visit, (a) he is bound by the rules set out in this Appendix; (b) the risks have been voluntarily accepted; and (c) the Club has no liability whatsoever and howsoever arising (including through negligence or otherwise) for any injury, which he may suffer whilst he is on any part of the Club Premises that is neither occupied nor controlled by the Club. Without limitation, “injury” includes death.

(H)Each Member, who, on a visit to the Club Premises, is accompanying and supervising a Junior Member and/or a Guest, who is less that 18 years old, undertakes and guarantees to the Club that the Club has no liability whatsoever and howsoever arising (including through negligence or otherwise) for any injury, which that Junior Member and/or that Guest may suffer whilst that Junior Member and/or that Guest is on any part of the Club Premises that is neither occupied nor controlled by the Club. Without limitation, “injury” includes death. Without prejudice to the generality of the foregoing, each such Member shall indemnify the Club and shall keep the Club fully and effectively indemnified against any and all such liability as may attach to the Club.

(I)The seriousness of any accident could be exacerbated if the injured person were alone and/or unable to call for outside help. Thus, those using the Racquets Pavilion and/or the tennis courts should try to pass through the site together and should always bring their mobile phones with them. In the dark, Participants and Guests should also carry a torch.