KIDS MEMBERSHIP TERMS & CONDITIONS

1. Definitions

In these terms:

• Child means the child or young person participating in BX1 classes or services.
• Parent/Guardian means the parent or legal guardian who enters into the membership agreement and is responsible for the Child.
• Membership Details means the membership application, checkout page or other written record identifying the selected plan, fees, payment schedule, class entitlement, start date and any special conditions.
• Direct Debit Authority means any direct debit request, payment authority or payment-provider agreement accepted by the Parent/Guardian for the method, timing and processing of payments.
• Small Steps means an ongoing Kids membership providing one eligible scheduled class per week.
• Regular means an ongoing Kids membership providing two eligible scheduled classes per week.
• Final-Class Credit Deposit means the payment made at sign-up for exactly 5 Kids class credits for a Small Steps membership or exactly 10 Kids class credits for a Regular membership, for use during the final 30-day cancellation period.

2. The Membership Agreement

The agreement starts when BX1 accepts the Parent/Guardian's signed or electronically submitted application, or when the Child first uses the membership, whichever occurs first.

Any applicable Direct Debit Authority records and authorises the relevant debit arrangements. It forms part of the agreement for payment method, timing and processing but does not change the Child's membership entitlements or other conditions unless BX1 expressly confirms the change in the Membership Details.

If there is an inconsistency, the following order applies:

1. any non-excludable right or guarantee under applicable law;
2. any special condition recorded in the Membership Details;
3. any applicable Direct Debit Authority, but only in relation to payment method, debit timing and payment processing;
4. these Kids Membership Terms & Conditions;
5. the General Club Terms & Conditions; and
6. promotional or general website material.

Statements made verbally do not vary the agreement unless BX1 confirms the variation in writing.

3. Which Membership Terms Apply?

These Kids Membership Terms apply where the membership's principal entitlement is participation in BX1 Kids, Junior or Teen classes.

The Adult Membership Terms & Conditions apply where a teenager is enrolled in an Adult membership or regularly attends Adult classes under that membership, even if the participant is under 18. A parent or legal guardian must enter into and accept that Adult membership agreement on the participant's behalf.

The Membership Details identify whether the participant is enrolled in a Kids membership or an Adult membership.

If a Child holding a Kids membership is occasionally permitted to attend a suitable Adult class, these Kids Membership Terms continue to govern the membership's payments, minimum term, freezes and cancellation. The rules and safety requirements applying to the Adult class also apply during that session.

The General Club Terms & Conditions apply to all participants, memberships, classes and use of BX1 facilities.

4. Parent or Guardian Authority

By entering into the agreement, the Parent/Guardian confirms that they:

• are the Child's parent or legal guardian, or otherwise have lawful authority to enter into the agreement for the Child;
• have authority to make decisions concerning the Child's participation;
• accept responsibility for all fees and obligations under the agreement;
• will provide accurate health, medical, behavioural, emergency-contact and collection information; and
• will promptly inform BX1 if their authority or the Child's circumstances change.

BX1 may request evidence of parental or legal authority where reasonably necessary.

5. Trial Options and Cooling-Off

BX1 offers age-appropriate trial options so children and parents can experience a suitable class before committing to an ongoing membership. Current trial options, prices, inclusions and validity periods are displayed on the Kids Membership & Trial Prices page and in the BX1 Gym app.

For younger children, a trial may become the first paid membership class if the Child enrols, as explained before enrolment.

BX1 does not provide a voluntary cooling-off period for Kids memberships. This does not exclude any cooling-off, cancellation or other right that must be provided under the Australian Consumer Law or another applicable law.

6. Age, Readiness and Class Suitability

BX1 recommends classes based on the Child's age, experience, physical readiness, behaviour, interests and the requirements of the relevant program.

Current programs may include Little Ninjas Karate for ages 3-5, Little Samurai Karate for ages 6-8, Red Dragons Karate, White Tigers MMA, Junior Boxing and Junior Muay Thai for ages 9-11, Junior Strength & Weights for ages 11+, Teen Karate for ages 12+, and other age-appropriate programs offered by BX1.

Age alone does not guarantee eligibility for a particular class. BX1 may recommend a different class where reasonably necessary for safety, readiness, behaviour, experience, class balance or appropriate progression.

7. Health and Medical Information

The Parent/Guardian must disclose any health condition, injury, allergy, medication, disability, behavioural consideration or additional support requirement that may reasonably affect the Child's safe participation, and must promptly update BX1 if the Child's condition or needs change.

BX1 staff and coaches are not medical practitioners and cannot diagnose a condition or determine whether a Child is medically fit to participate. BX1 may require written medical clearance where there is a reasonable safety concern.

The Child must not attend if they have a contagious illness, an uncovered wound or another condition that creates an unreasonable risk to themselves or another person.

8. Membership Plans and Weekly Class Entitlements

The Child's class entitlement is stated in the Membership Details. Unless otherwise stated:

• Small Steps includes one eligible scheduled class per membership week;
• Regular includes two eligible scheduled classes per membership week; and
• Casual classes are purchased individually and are not an ongoing membership.

Classes must be suitable for the Child's age, experience and program. A membership does not provide unrestricted access to every class on the timetable.

A missed weekly class does not reduce membership fees or create a cash or account-credit balance. Make-up opportunities are available under clauses 10 to 12 while the membership remains active.

9. Regular Class Places and Bookings

An ongoing Kids membership may include a regular weekly place in an agreed class. The regular place remains subject to continued class eligibility, payment of all fees, compliance with attendance requirements, the current timetable and reasonable operational or safety changes.

Additional classes and holiday classes must be booked through the BX1 Gym app or another method approved by BX1. BX1 cannot guarantee a place in an additional class, make-up class, holiday class or alternative time slot.

10. Absences and Early Cancellation of Classes

If the Child cannot attend a booked class, the Parent/Guardian must cancel the booking through the BX1 Gym app at least two hours before the class begins.

Parents and guardians are encouraged to manage the Child's attendance, additional classes and make-up bookings directly in the BX1 Gym app. Cancelling promptly releases the place for another child.

Non-attendance, including an extended period of non-attendance, and cancelling individual class bookings do not cancel or suspend the membership. To cancel the membership, the Parent/Guardian must give written cancellation notice in accordance with clause 24 or 25 and the notice requirements in clause 36.

11. Make-Up Classes

While the Small Steps or Regular membership remains active, the Child may make up missed membership classes. The Parent/Guardian should book the make-up directly through the BX1 Gym app. The following conditions apply:

• during a NSW public school term, the make-up should be taken within the same fortnightly membership cycle;
• if it is not taken in that cycle, the Child may use the unlimited school-holiday access described in clause 12 to attend additional eligible classes during a later applicable NSW public school-holiday period, provided the membership remains active and is not frozen;
• the selected class must be suitable for the Child's age, program and experience;
• a place must be available;
• the make-up cannot displace another child's regular booking;
• the Parent/Guardian must book the class through the BX1 Gym app or another method BX1 makes available;
• make-up opportunities are not refundable, transferable or convertible to cash or account credit; and
• no make-up may be booked or used while the membership is frozen or after cancellation takes effect.

A make-up place is not guaranteed and does not replace the Child's ongoing regular weekly booking. Missed classes do not accumulate as a permanent numerical credit balance; instead, the Child receives the same-cycle and school-holiday attendance opportunities described above while the membership stays active.

12. NSW School-Holiday Access

Children on an active Small Steps or Regular membership that is not frozen may attend unlimited eligible classes offered for their age group during official NSW public school-holiday periods. This access includes an opportunity to make up classes missed during school terms and is subject to the holiday timetable, the Child's age and level, class suitability, available places, advance booking through the BX1 Gym app and compliance with these terms.

Unlimited holiday access applies only to eligible regular classes. It does not include private training, birthday parties, workshops, grading events or dedicated school-holiday camps unless expressly stated.

Unlimited holiday access is an attendance benefit of an active membership, not a stored credit or guarantee that any particular class will operate or have space. It is unavailable while the membership is frozen and ends when cancellation takes effect. Casual attendance does not include unlimited school-holiday access.

13. Public Holidays

Regular group classes are generally not conducted on public holidays.

If the Child's regular scheduled class falls on a public holiday, one suitable make-up class may be booked in accordance with BX1's current timetable and availability. No cash refund, fee reduction or account credit is provided for a public holiday.

Private sessions may still be scheduled on public holidays. Please consult the Child's coach, the reception team or the BX1 Gym app for availability.

14. Timetable, Coach and Program Changes

BX1 may reasonably change class times, coaches, class formats, training areas, program names or capacity for operational, staffing, safety or child-development reasons.

BX1 may move a Child to another suitable class as the Child grows, progresses, changes level or no longer fits the age or developmental requirements of the existing class.

A change to a particular coach, class time or program name does not cancel the membership where BX1 continues to provide substantially the service purchased.

If BX1 makes a substantial and ongoing reduction to the overall service included in the membership and that change materially disadvantages the Child, the Parent/Guardian may contact BX1 to discuss an appropriate remedy. Nothing in this clause limits rights under the Australian Consumer Law.

15. Joining Fees and Other Charges

The Parent/Guardian must pay the fees and charges stated in the Membership Details and, where applicable, the Direct Debit Authority.

The joining fee displayed when the Child enrols applies when the Child first becomes a BX1 member, including where stated for a Casual option. The joining fee covers membership administration, onboarding and insurance-related costs. It is not charged merely for observing a class or taking a trial where the offer states that no joining fee applies.

The joining fee is not refundable for a change of mind.

Other optional costs may include uniforms, gloves, protective equipment, grading, workshops, private training, camps, special events and replacement merchandise. All advertised prices are in Australian dollars and include GST where applicable.

16. Direct Debit and Payment Authority

Ongoing memberships are paid in advance according to the payment schedule stated in the Membership Details and implemented through any applicable Direct Debit Authority. The Parent/Guardian authorises BX1 and its nominated payment provider to debit all amounts properly due under the agreement from the Parent/Guardian's nominated bank account or card.

The first payment is taken on the activation or debit commencement date stated in the Membership Details or any applicable Direct Debit Authority. If no date is stated, the first payment is taken when the membership is activated.

The Parent/Guardian must:

• ensure the nominated account accepts the payment method;
• keep sufficient cleared funds available on each payment date;
• maintain current bank-account or card details; and
• notify BX1 promptly if the payment details change.

Any direct debit service agreement or payment-provider terms presented when the Direct Debit Authority is established also apply to payment processing.

Cancelling the payment authority, replacing a card or closing an account does not cancel the membership or remove the obligation to pay amounts properly due.

17. No BX1 Payment Surcharge

BX1 does not add a separate surcharge for payment from the nominated bank account or card. The Parent/Guardian's bank or card issuer may impose its own charges. Those charges are not imposed or received by BX1.

18. Minimum Term and 5 Fortnightly Debits

Small Steps and Regular Kids memberships have a minimum term consisting of 5 successful scheduled fortnightly membership debits, together with the Final-Class Credit Deposit paid at sign-up. The deposit comprises exactly 5 Kids class credits for Small Steps (one class per week) or exactly 10 Kids class credits for Regular (two classes per week).

The membership continues for that minimum commitment and according to the payment schedule shown in the Membership Details and any applicable Direct Debit Authority. A different minimum term or payment structure applies only where it is expressly stated in the Membership Details or, for payment scheduling and processing, an applicable Direct Debit Authority.

The following amounts do not count as one of the 5 scheduled membership debits:

• the joining fee;
• the Final-Class Credit Deposit;
• a failed-payment fee;
• a freeze fee;
• a transfer fee;
• grading fees;
• uniform or equipment purchases; or
• any other non-membership charge.

A failed, dishonoured or reversed payment does not count as a successful scheduled debit and must be brought up to date. An approved freeze pauses the membership and extends the minimum term by the length of the freeze.

19. Final-Class Credit Deposit Paid at Sign-Up

When joining a Kids membership, the Parent/Guardian pays the applicable Final-Class Credit Deposit:

• Small Steps (one class per week): exactly 5 Kids class credits; or
• Regular (two classes per week): exactly 10 Kids class credits.

These credits are prepaid for use during the final 30-day cancellation period and are held as the Child's Final-Class Credit Deposit.

The exact dollar amount is displayed on the Kids Membership & Trial Prices page and in the Membership Details before payment.

The Final-Class Credit Deposit is an advance payment for classes during the final 30-day cancellation period. It is not an additional joining fee or a refundable security deposit.

Once the 5 successful scheduled fortnightly debits have been completed and valid cancellation notice has been received:

• no further regular fortnightly membership debit will be processed;
• the applicable Final-Class Credits—5 for Small Steps or 10 for Regular—are used for the Child's eligible scheduled Kids classes during the final 30-day cancellation period;
• the Child may continue attending while the account remains financial and the Child complies with these terms; and
• unused Final-Class Credits expire when the cancellation period ends.

The Final-Class Credit Deposit is not redeemable for cash, transferable to another account or refundable merely because the Child does not attend during the cancellation period. It will be refunded or otherwise dealt with differently only where required by law.

20. Failed or Dishonoured Payments

A fee of $11.88 applies to each failed or dishonoured debit. The fee reflects the payment-processing and administration cost associated with the failed debit and may be collected with the overdue amount or a later debit.

If an amount becomes overdue, BX1 may:

• notify the Parent/Guardian and request payment;
• allow its payment provider to reattempt the debit;
• suspend bookings and attendance until the account is brought up to date; and
• take reasonable steps to recover overdue amounts and reasonable external recovery costs properly incurred.

A payment suspension does not pause the minimum term or remove the obligation to pay membership fees that continue to fall due. BX1 will not charge an amount that cannot lawfully be charged.

21. Family Discounts and NSW Vouchers

Family discounts

A family discount applies only while its stated eligibility requirements continue to be met. If the primary full-paying family member cancels or the eligibility conditions cease, BX1 may remove the discount and charge the standard applicable rate after reasonable notice. Discounts cannot be combined unless BX1 confirms otherwise in writing.

Active and Creative Kids vouchers

BX1 may accept valid NSW Active and Creative Kids vouchers towards eligible children's training costs. Voucher eligibility, permitted uses, value and expiry are determined by Service NSW. Valid voucher details must be provided before the relevant payment is processed.

Vouchers cannot be exchanged for cash, retrospectively applied to a completed payment unless BX1 agrees, or used for an ineligible product or service. If the voucher does not cover the full eligible amount, the remaining balance is payable by the Parent/Guardian.

22. Changes to Membership Fees

BX1 will not increase the recurring membership rate during the minimum term except to reflect a change required by law, tax or government charge.

After the minimum term, BX1 may change recurring fees for legitimate business reasons, including changes to operating, staffing, rent, insurance, supplier, technology or compliance costs. BX1 will provide at least 30 days' direct written notice before an increase takes effect.

If the Parent/Guardian does not accept an increase that is not required by law, they may cancel before the increase takes effect. The increased rate will not apply, although the usual cancellation process and amounts already due remain applicable.

23. Membership Freeze

A Small Steps or Regular membership may be frozen only during an official NSW public school-holiday period and subject to all of the following:

• the request must be made in writing and sent by email to BX1 Kids at least 7 days before the requested start date;
• a freeze cannot be backdated;
• each freeze must begin on the first Monday of the applicable official school-holiday period and be taken in complete 2-week blocks;
• the full requested freeze block must fall within an official NSW public school-holiday period unless BX1 confirms otherwise in writing;
• the total allowance is 6 fortnights in any rolling 12-month period;
• a freeze fee of $10 per fortnight, equivalent to $5 per week, applies;
• normal membership fees automatically resume when the approved freeze ends;
• a freeze during the minimum term extends the minimum term by the length of the freeze; and
• a membership cannot be frozen after cancellation notice has been received.

Missed classes during an NSW public school term do not qualify for a freeze. They may instead be made up within the same fortnightly billing cycle or through the active-membership school-holiday opportunity in clauses 11 and 12. A freeze payment does not count as one of the 5 scheduled membership debits. Casual classes do not include a freeze option.

24. Cancellation During the Minimum Term

The discounted membership rate is offered in exchange for completing the minimum commitment of 5 successful scheduled fortnightly membership debits stated in clause 18 and the Membership Details, together with the payment schedule recorded in any applicable Direct Debit Authority. That commitment must be completed unless clause 27 or a non-excludable legal right applies.

The Parent/Guardian may give written cancellation notice before the fifth successful debit by email to BX1 Kids. However:

• scheduled fortnightly payments continue until all 5 successful membership debits required by the Membership Details and any applicable Direct Debit Authority have been completed;
• failed, dishonoured or reversed payments must be brought up to date;
• early notice does not shorten the minimum commitment;
• after the fifth successful debit, no further regular fortnightly membership debit will be processed;
• the prepaid Final-Class Credits are then used for the Child's scheduled classes during the final cancellation period; and
• the membership ends when that final cancellation period expires.

The Parent/Guardian does not need to provide another cancellation request after the fifth debit if BX1 has already received a clear written cancellation request.

The Child may continue attending eligible classes until the effective cancellation date while the membership remains financial.

Nothing in this clause limits any cancellation or other right that cannot lawfully be excluded, including a right arising from BX1's breach of the agreement or failure to comply with an applicable consumer guarantee.

25. Cancellation After the Minimum Term

If BX1 has not received valid cancellation notice, the Kids membership automatically continues after the minimum term as an ongoing rolling month-to-month membership with no new minimum commitment. Membership fees continue to be debited fortnightly.

After the 5 successful scheduled fortnightly debits have been completed, the Parent/Guardian may cancel the rolling membership at any time by giving 30 days' written notice by email to BX1 Kids. The notice period begins when the email reaches BX1's email system and cannot be backdated.

Non-attendance and cancellation of individual class bookings do not constitute membership cancellation and do not replace the required written email notice.

To prevent another scheduled debit, BX1 must receive the cancellation notice before that debit is processed. A debit processed before the notice reaches BX1's email system will not be reversed merely because notice is subsequently provided. All Kids classes allocated by that processed debit remain credited in full and may be booked and attended during the corresponding paid membership period, subject to class suitability, availability and these terms.

Once valid cancellation notice has been received after completion of the minimum term:

• no further regular fortnightly membership debit will be processed;
• classes already paid for by a previously processed debit remain credited in full and may be used during the corresponding paid membership period;
• the Child's applicable Final-Class Credits—5 for Small Steps or 10 for Regular—are used for eligible scheduled Kids classes during the notice period;
• the Child may continue attending while the account remains financial; and
• unused class credits expire at the end of the notice period and are not refundable or transferable except where required by law.

The membership cannot be frozen during the cancellation notice period. Any existing freeze ends when the cancellation notice period begins.

Cancelling a bank authority, replacing a card or closing an app account does not cancel the Kids membership. Written notice must be sent and followed up as described in clause 36.

26. Membership Transfer

BX1 may permit one transfer of a minimum-term Kids membership to another eligible child before the minimum term ends. A transfer is not automatic and takes effect only after BX1 gives written approval.

The proposed new member must:

• not be a current BX1 member;
• not have held a BX1 membership during the previous 12 months;
• meet the age, readiness and eligibility requirements for the relevant plan;
• complete the required membership and health forms;
• accept the remaining minimum term and applicable conditions; and
• pay any transfer or joining fee disclosed before completion.

A membership cannot be transferred after the minimum term, during a cancellation period or where the plan was sold as non-transferable. Final-Class Credits remain attached to the membership and are not paid to the transferring family.

BX1 may refuse a proposed transfer on reasonable eligibility, safety, payment-history or prior-conduct grounds.

27. Permanent Medical Incapacity or Bankruptcy

Permanent medical incapacity

The Parent/Guardian may request cancellation during the minimum term if, after joining, the Child develops a medical condition that permanently prevents the Child from safely participating in substantially all appropriate BX1 programs.

The Parent/Guardian must provide a current certificate or letter from a registered medical practitioner confirming that the incapacity is permanent and that the Child cannot safely participate in the relevant services. BX1 may reasonably verify the document. More medical information than is reasonably necessary to assess the request is not required.

If BX1 accepts the request, cancellation takes effect when sufficient evidence is received. No additional early termination fee applies, but amounts properly due up to the effective cancellation date remain payable. Unused Final-Class Credits will be refunded or otherwise dealt with only to the extent required by law.

Bankruptcy of the responsible Parent/Guardian

The Parent/Guardian may request cancellation during the minimum term if the person legally responsible for the membership becomes bankrupt after the membership begins. The Parent/Guardian must provide an official bankruptcy notice, National Personal Insolvency Index extract or other satisfactory evidence issued by the Australian Financial Security Authority.

Financial pressure, reduced income, changed employment or an unsupported claim of hardship does not create a separate contractual right to cancel without completing the minimum commitment.

Temporary and personal circumstances

Temporary illness or injury, holidays, travel, relocation, changes to school, work or family commitments, loss of interest and general financial difficulty do not qualify under this clause. The ordinary freeze, transfer and cancellation options remain available where their conditions are met.

Nothing in this clause limits a right or remedy that cannot legally be excluded.

28. Prepaid Memberships and Casual Classes

Where BX1 offers a prepaid Kids membership, it is sold for a defined period at the prepaid price displayed at purchase. Except where the Membership Details expressly state otherwise or the law requires otherwise, prepaid membership fees are non-refundable and non-transferable.

No refund, credit or extension is provided merely because of a change of mind, non-attendance, travel, relocation, changed school, work or family commitments, dissatisfaction with a particular timetable or coach, temporary illness or injury, or financial difficulty.

A prepaid membership ends on its stated expiry date and does not automatically renew unless the Parent/Guardian expressly agrees to a new membership.

Casual classes are purchased individually and do not include a regular weekly class place, ongoing-plan school-holiday access, a membership-freeze option, Final-Class Credits or make-up entitlements unless expressly provided.

29. Uniforms, Clothing and Equipment

The Parent/Guardian is responsible for ensuring the Child brings and wears the clothing, uniform and protective equipment required for the program.

Unless BX1 directs otherwise:

• Kids classes are conducted barefoot, except Junior Boxing where boxing boots or clean suitable sports shoes may be worn;
• boxing gloves and hand wraps are required for Boxing and Muay Thai classes;
• Karate students may be required to obtain the approved uniform after enrolment; and
• additional protective equipment may be required for Boxing, Muay Thai, MMA or advanced training.

Equipment and uniform purchases are separate from membership fees.

30. Karate Grading

Karate grading is optional and is not included in the ordinary membership fee.

A Child may be invited to grade after BX1 considers class attendance, syllabus knowledge, technical ability, behaviour and effort, readiness for the next level and instructor assessment. Meeting a minimum number of classes does not automatically qualify the Child for grading.

Grading fees, dates, eligibility requirements and inclusions are provided separately. A grading fee may include the examination, new belt, BX1 medal and certificate as stated in the invitation.

31. Parent Supervision, Arrival and Collection

Except while an expressly arranged BX1 supervision or school pick-up service is operating, the Parent/Guardian is responsible for the Child until the scheduled class starts and immediately after the class finishes.

Children must be checked in using the BX1 system, arrive in sufficient time to prepare for class, be collected promptly at the scheduled finishing time and not be left unattended outside their scheduled class unless BX1 has expressly agreed to a separate supervision or collection arrangement.

The Parent/Guardian must tell BX1 who is authorised to collect the Child and promptly disclose any court order or other legal restriction relevant to collection.

Optional Neutral Bay Public School pick-up service

BX1's school pick-up service is available only from Neutral Bay Public School, on the days and subject to the capacity BX1 confirms. It is optional, is not included automatically in a Kids membership and must be arranged and paid for separately.

Before the Child first uses the service, the Parent/Guardian must complete and sign BX1's separate Neutral Bay Public School Pick-Up Permission and Conditions form, ensure the school is authorised to release the Child to BX1, and provide current emergency, medical and authorised-collection information.

For an accepted booking, BX1's supervision responsibility begins when an identified BX1 staff member personally collects the Child at the designated school meeting place and ends at the Child's scheduled class finishing time, when the Parent/Guardian's collection responsibility resumes. The current meeting place, departure time, class time, fees and other operational details are stated in the separate pick-up form or booking details.

32. Behaviour and Participation

The Child and Parent/Guardian must comply with the General Club Terms & Conditions, reasonable staff directions and all safety and conduct requirements.

Bullying, harassment, discrimination, threats, aggression, unsafe conduct, deliberate disruption and damage to property are not permitted. Parents and spectators must not interfere with coaching, distract participants or enter training areas without permission.

BX1 may temporarily remove a Child from an activity or require collection where reasonably necessary for safety, serious disruption, illness or the wellbeing of the Child or others.

BX1 will ordinarily work with the Parent/Guardian to address manageable behavioural concerns. Immediate action may be taken where conduct creates a significant safety or welfare risk.

33. Suspension or Termination by BX1

BX1 may immediately suspend or terminate a membership for violence, threats, serious aggression, bullying, harassment, discriminatory conduct, deliberate property damage, fraud, unlawful conduct, a significant safety breach, conduct placing another person at material risk, or serious misconduct by the Child or Parent/Guardian.

For another material breach, including persistent non-payment or repeated failure to follow reasonable club requirements, BX1 may provide notice and a reasonable opportunity to remedy the breach where it is capable of remedy.

If BX1 terminates because of a breach, amounts accrued to the termination date and reasonable loss caused by the breach remain payable, subject to applicable law.

If BX1 ends the membership for reasons unrelated to a breach, BX1 will not charge an early termination fee and will refund any amount paid for services BX1 will not provide.

34. Training Risks and Consumer Rights

Karate, Boxing, Muay Thai, MMA, strength training, martial arts, fitness activities and related training involve inherent physical risks. The applicable risk warning, safety requirements and participation conditions are contained in the General Club Terms & Conditions and any participation or medical form completed for the Child.

Nothing in these terms excludes, restricts or modifies a consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law or another law where it would be unlawful to do so.

35. Privacy, CCTV and Images

BX1 handles the Parent/Guardian's and Child's personal information in accordance with the Privacy Policy and applicable privacy law. CCTV may operate on the premises for safety, security and incident-management purposes.

Entering into a Kids membership does not, by itself, provide consent for BX1 to use an identifiable image of the Child for general marketing. Promotional photography or filming involving an identifiable Child will be managed through separate parent or guardian consent or another lawful basis described in the Privacy Policy.

Parents, visitors and members must not photograph, video or record another child without permission from BX1 and the relevant parent or guardian.

36. Notices and Contact Information

The Parent/Guardian must keep their email address, mobile number, emergency contacts, authorised collection details and payment information current. BX1 may send Kids membership notices to the most recent contact information provided.

All Kids membership cancellation notices and all freeze, transfer, permanent-medical-incapacity and bankruptcy requests must be made in writing and sent by email to BX1 Kids. Verbal notice to a coach, reception team member or another person does not constitute a cancellation or freeze request.

A notice or request is received when it reaches BX1's email system, provided it clearly identifies the Child, the responsible Parent/Guardian, the membership and the action requested. It cannot be backdated. The Parent/Guardian is responsible for sending it to the correct email address, retaining a copy and checking that BX1 has acknowledged it.

BX1 ordinarily acknowledges cancellation and freeze requests within 5 business days. If the Parent/Guardian does not receive an acknowledgement within that time, they must promptly follow up with reception. This follow-up responsibility does not change the original receipt date of a valid email that can be shown to have reached BX1's email system.

37. Changes to These Terms

BX1 may update these terms where reasonably necessary to:

• comply with a change in law or regulatory guidance;
• address a safety, child-protection, security, technology or payment-system requirement;
• correct an error or clarify wording; or
• reflect a reasonable change to BX1's services or operating practices.

BX1 will provide at least 30 days' direct written notice of a change that materially disadvantages the Child or Parent/Guardian, unless an earlier change is reasonably required by law or for an urgent safety, safeguarding or security reason.

If a change materially disadvantages the Child or Parent/Guardian and is not required by law, the Parent/Guardian may cancel before it takes effect without an additional early termination fee. Amounts already due remain payable.

38. Complaints, Severability and Governing Law

Questions or complaints should first be directed to BX1 so BX1 has an opportunity to investigate and resolve the matter promptly. The Parent/Guardian may also contact NSW Fair Trading or exercise any other available legal right. These terms do not require mandatory arbitration before a claim can be made.

If any provision is invalid or unenforceable, it will be read down to the minimum extent necessary or severed. The remaining provisions continue to apply.

The membership agreement is governed by the laws of New South Wales and the applicable laws of the Commonwealth of Australia.