GENERAL CLUB TERMS & CONDITIONS

1. Your Agreement With BX1

These General Club Terms apply together with any documents relevant to the service you purchase or use, including:

• your signed or electronically accepted Membership Details;
• the Adult Membership Terms & Conditions for an Adult membership;
• the Kids Membership Terms & Conditions for a Kids, Junior or Teen membership;
• any direct debit authority;
• any waiver, health form, event condition, offer condition or booking condition presented before purchase or participation; and
• the BX1 Privacy Policy.

Together, the applicable documents form your agreement with BX1.

If there is an inconsistency, the following order applies:

1. any right or guarantee that cannot lawfully be excluded;
2. any special condition recorded in your Membership Details or booking confirmation;
3. the applicable Adult or Kids Membership Terms;
4. these General Club Terms;
5. specific promotional or event conditions; and
6. general website or advertising material.

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

2. Adult and Kids Memberships

The Adult Membership Terms apply where the membership's principal entitlement is participation in Adult classes, regardless of the participant's age.

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

If a teenager is enrolled in an Adult membership, a parent or legal guardian must enter into and accept the Adult membership agreement on the participant's behalf.

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

The applicable Membership Terms contain the payment, minimum-term, freeze, transfer, renewal and cancellation conditions. Those subjects are not replaced by these General Club Terms.

3. Eligibility and Participants Under 18

BX1 may apply reasonable age, experience, health, behaviour and skill requirements to any activity.

A participant under 18 must have the consent of a parent or legal guardian. The parent or guardian must provide accurate registration, medical, emergency-contact and collection information and is responsible for payment and other obligations stated in the applicable agreement.

BX1 may request proof of age, identity or parental authority where reasonably necessary.

4. Entry and Access

Access is personal to the registered member, participant or authorised guest. You must not share an account, booking, membership, access credential or check-in identity with another person.

You must check in as directed and may use only the classes, facilities and services included in your booking or membership. Entry remains subject to opening hours, class capacity, age and skill requirements, account status and compliance with these terms.

BX1 may reasonably refuse entry or direct a person to leave because of safety concerns, intoxication, illness, inappropriate conduct, non-payment, a serious or repeated breach, or failure to complete required registration or health information.

5. Health, Fitness and Medical Information

You must provide accurate information about any injury, illness, pregnancy, medication, allergy, disability, medical condition or other matter that may reasonably affect safe participation. You must promptly update BX1 if relevant circumstances change.

You are responsible for deciding whether you are medically fit to participate and for obtaining advice from a registered health professional if you are unsure.

BX1 staff and coaches are not medical practitioners and cannot diagnose a condition, provide medical clearance or guarantee that an activity is suitable for you.

BX1 may require medical clearance or restrict participation where there is a reasonable health or safety concern.

6. Acknowledgement and Acceptance of Risk

You acknowledge that the nature and intensity of training can vary and that physical contact may be deliberate in controlled partner work, self-defence drills, combat-sport training or supervised sparring, and accidental in any activity.

You agree to:

• train within your ability and experience;
• tell the coach immediately if you feel unwell, unsafe, dizzy, faint, unusually short of breath or experience pain;
• stop when directed;
• use required protective equipment;
• avoid a technique, drill, load or level of contact you do not understand or cannot perform safely; and
• ask a coach for assistance whenever you are uncertain.

You understand that following these requirements reduces risk but cannot remove every risk inherent in physical training.

7. Recreational Services and Limitation of Liability

BX1's physical training activities are supplied as recreational services for the purposes of section 139A of the Competition and Consumer Act 2010 (Cth) and recreation services for the purposes of section 5N of the Civil Liability Act 2002 (NSW), to the extent those provisions apply.

The Important Risk Warning above is also given for the purposes of section 5M of the Civil Liability Act 2002 (NSW). It is a general warning about the risks of BX1's recreational activities and is not limited to the particular examples listed.

To the maximum extent permitted by those laws, the agreement excludes, restricts or modifies any term, warranty or consumer guarantee that the recreational services will be supplied with due care and skill or be fit for a particular purpose, but only to the extent that the relevant liability is for:

• death;
• physical or mental injury, including the aggravation, acceleration or recurrence of an injury;
• the contraction, aggravation or acceleration of a disease; or
• the coming into existence, aggravation, acceleration or recurrence of another condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs connected with the participant's physical or mental condition.

This provision is intended to operate for the benefit of BX1 and its directors, employees, coaches, contractors and agents to the extent permitted by law.

This exclusion does not apply to reckless conduct within the meaning of section 139A of the Competition and Consumer Act, and does not exclude any right, guarantee or liability that cannot lawfully be excluded.

8. Australian Consumer Law

Except for the limited recreational-services exclusion in clause 7, 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.

Where BX1 is permitted to limit a remedy for a service that is not a recreational service, BX1's liability is limited, at BX1's option, to supplying the service again or paying the reasonable cost of having the service supplied again.

9. Staff Directions and Safety Rules

You must follow reasonable instructions from BX1 staff and coaches, safety signs, emergency procedures and class rules.

You must not attempt an activity, use equipment, increase a training load, enter a restricted area or participate in contact work unless authorised and competent to do so.

BX1 may modify or stop your participation where reasonably necessary for safety, class management or the wellbeing of another person.

10. Sparring, Contact and Partner Training

Sparring and other contact training may occur only with coach approval, under appropriate supervision and with the protective equipment specified by BX1.

You must use the level of contact directed by the coach and respect a partner's experience, size, age and stated boundaries. Deliberate uncontrolled contact, retaliation, intimidation or ignoring a stop instruction is serious misconduct.

BX1 may refuse, stop or restrict sparring or partner work at any time.

11. Equipment and Facilities

You must use equipment and facilities only for their intended purpose and in accordance with staff instructions.

You must:

• check equipment before use and report any damage or hazard immediately;
• not use damaged or tagged-out equipment;
• return equipment and weights to their proper place;
• wipe down shared equipment after use where required;
• not remove BX1 property from the premises without written permission; and
• not alter, repair or interfere with equipment, fixtures, alarms or security systems.

12. Open-Mat and Independent Training

Open-mat or independent training is available only where included in the participant's membership or booking and during approved times.

Open-mat access is not a coached class. Participants must train within their experience, follow staff directions and use only activities and equipment they can use safely.

Contact training, sparring, advanced lifting or another higher-risk activity remains subject to coach approval and any supervision requirement imposed by BX1.

13. Bookings, Attendance and Late Arrival

Bookings may be required through the BX1 Gym app or another approved method. A membership or pass does not guarantee a place in a particular class, session or time slot.

You must comply with the cancellation window displayed in the booking system or stated in the applicable Membership Terms. A late cancellation or non-attendance may be treated as a used session.

Participants should arrive on time. A coach may refuse or delay entry to a session where a late arrival would disrupt the class or create a safety risk because the participant missed the briefing or warm-up.

14. Personal Training and Private Sessions

Private sessions are subject to the applicable pack, booking, cancellation and expiry conditions disclosed before purchase.

A requested coach, time or training format is not guaranteed until confirmed. Where reasonably necessary, BX1 may offer a suitable replacement coach or rescheduled time.

Private sessions may be scheduled on public holidays by agreement with the coach and BX1. Please consult your coach, the reception team or the BX1 Gym app.

15. Respectful Conduct

Every member, participant, parent, guardian, guest and visitor must treat staff, coaches and other people with respect.

The following conduct is prohibited:

• bullying, harassment, sexual harassment or discrimination;
• violence, threats, intimidation or aggressive behaviour;
• dangerous, reckless or deliberately uncontrolled training;
• abusive, offensive or persistently disruptive language or behaviour;
• fraud, theft, deliberate damage or unlawful activity;
• interfering with a class, coach, participant or staff member; and
• conduct that materially interferes with another person's safety, privacy or reasonable enjoyment of BX1.

Reasonable feedback or a complaint made respectfully and in good faith is not prohibited conduct.

16. Children, Parents and Safeguarding

Parents and guardians must comply with the supervision, arrival, collection, health and authorised-contact requirements in the Kids Membership Terms and any program-specific instructions.

Children must not be left unattended outside an agreed class, party, camp, school-collection service or other separately arranged supervision period.

Parents and spectators must not enter training areas, interrupt coaching or discipline another person's child. Any concern should be raised with a BX1 staff member.

Suspected bullying, inappropriate behaviour or a child-safety concern should be reported promptly to BX1 by emailing the BX1 Kids team or directly to management.

17. Guests, Trials and Spectators

Guests and trial participants must register, provide required health information, accept the applicable terms and risk warning, and pay any applicable fee before participating.

A member must not admit an unregistered or unauthorised person or allow another person to use their booking or membership.

Spectators must remain in designated areas, avoid distracting the class and comply with staff directions. BX1 may limit spectators because of capacity, privacy, child-safety, operational or safety requirements.

18. Photography, Filming and Recording by Visitors

You must not photograph, film or make an audio recording inside BX1 without prior permission from BX1.

Permission to record your own training does not authorise you to record another person. You must respect staff instructions and the privacy and consent of every identifiable person, particularly children.

BX1 may require content recorded in breach of this clause to be deleted and may withdraw recording permission at any time.

19. Privacy, CCTV and BX1 Images

BX1 handles personal information in accordance with the BX1 Privacy Policy and applicable privacy law.

CCTV may operate continuously in appropriate common, entry and training areas for safety, security, incident management and protection of people and property. CCTV is not used in areas where a person would reasonably expect complete privacy.

Entering BX1 or accepting these General Club Terms does not, by itself, provide consent for BX1 to use an identifiable person's image for general marketing.

Promotional photography and filming will be managed through separate consent or another lawful basis described in the Privacy Policy. A parent or legal guardian must provide the required consent for an identifiable participant under 18.

20. Hygiene, Clothing and Footwear

You must maintain appropriate personal hygiene and wear clean, safe clothing and any uniform or protective equipment required for the activity.

You must:

• keep training clothing, gloves, wraps and protective equipment clean;
• cover minor cuts securely before participating;
• avoid sharing personal protective equipment unless it has been appropriately cleaned;
• wear clean, non-marking footwear where footwear is permitted or required;
• not wear outdoor shoes on matted training areas; and
• not wear clothing or accessories that create a safety risk or display seriously offensive material.

21. Illness, Infection and Wounds

You must not attend BX1 while experiencing a contagious illness or if you have an uncovered wound, active skin infection or another condition that creates an unreasonable risk to other people.

You must notify a coach promptly if blood or another bodily fluid contacts a person, mat or item of equipment so the area can be managed safely.

BX1 may refuse or stop participation where there is a reasonable hygiene or infection-control concern.

22. Smoking, Alcohol, Drugs and Prohibited Items

Smoking and vaping are prohibited inside BX1 and in any area where prohibited by law or building rules.

You must not enter or participate while affected by alcohol, illegal drugs or medication to a degree that may impair safe participation.

Alcohol, illegal drugs, weapons and other dangerous or unlawful items must not be brought onto the premises. Properly controlled martial-arts training weapons may be used only as part of an authorised class or session under coach direction.

23. Personal Belongings and Lost Property

You are responsible for your personal belongings. Do not bring unnecessary valuables to BX1.

To the extent permitted by law, BX1 is not responsible for loss, theft or damage that BX1 did not cause by failing to exercise reasonable care.

Any locker or storage area is for temporary use only and must not be used overnight unless BX1 expressly permits it. Lost property may be retained for a reasonable period and then donated, recycled or disposed of.

24. Damage to Property

You must report any damage you cause or discover.

You may be required to pay the reasonable repair or replacement cost of BX1 property damaged through your deliberate, reckless or negligent misuse. You are not responsible for fair wear and tear or damage you did not cause.

A Parent/Guardian may be responsible for damage caused by their Child to the extent provided by the applicable agreement and law.

25. Injuries, First Aid and Emergencies

You must immediately report any injury, accident, near miss, hazard or unsafe conduct to BX1 staff.

You authorise BX1 to provide reasonable first aid and seek emergency assistance where staff reasonably consider it necessary. For a participant under 18, the Parent/Guardian gives this authority on the participant's behalf.

BX1 may contact an emergency contact, call an ambulance or provide information reasonably required by emergency personnel. The participant or Parent/Guardian is responsible for ambulance, hospital and medical costs not caused by BX1's breach of a non-excludable legal obligation.

26. BX1 Gym App, Website and Third-Party Systems

BX1 may use third-party systems for bookings, payments, communications, digital forms and account management. Use of those systems may also be subject to the provider's own terms and privacy practices.

You are responsible for keeping login credentials secure and for promptly reporting suspected unauthorised access to your account.

BX1 will take reasonable steps to keep its digital services available and accurate but does not guarantee uninterrupted access. If the app or website is unavailable, please contact reception for assistance with a time-sensitive booking or notice.

Website, app and social-media content provides general information only and is not medical advice.

27. Intellectual Property

BX1 owns or is licensed to use its branding, website content, photographs, videos, class materials, written programs, lesson plans and educational resources.

You may use materials supplied to you for your own personal, non-commercial training. You must not reproduce, sell, publish, distribute, teach from or commercially exploit BX1 materials without prior written permission.

This clause does not claim ownership of a member's personal information or any material they owned before providing it to BX1.

28. Promotions, Gift Cards and Reward Credits

A promotion, introductory offer, gift card, voucher or reward credit may have specific eligibility, redemption and expiry conditions disclosed before issue or purchase. Those conditions apply in addition to these terms.

Introductory offers are limited to eligible first-time clients unless stated otherwise and cannot be repeatedly claimed using a different account or contact detail.

Gift cards are not redeemable for cash and are subject to the minimum validity period and other protections required by Australian law.

BX1 Reward Credit has no cash value and may be used only for eligible BX1 products or services under the conditions disclosed when it is issued.

29. Public Holidays, Closures and Events Outside BX1's Control

Regular group classes are generally not conducted on public holidays. Private sessions may be scheduled by agreement. Membership-specific treatment of public holidays is set out in the applicable Adult or Kids Membership Terms.

BX1 may temporarily close or restrict part of the premises where reasonably required for maintenance, repairs, renovations, safety, emergencies, government directions, utility failure or another event outside BX1's reasonable control.

BX1 will provide notice where reasonably practicable and may offer timetable changes, alternative services, extensions, credits, freezes or another reasonable remedy depending on the duration and effect of the interruption.

Nothing in this clause removes a remedy required by the Australian Consumer Law. BX1 will not charge a freeze fee merely because BX1 is unable to provide the relevant service.

30. Refusal, Suspension and Termination

BX1 may immediately refuse entry, suspend participation or terminate access for serious misconduct, violence, threats, harassment, deliberate property damage, significant safety breaches, fraud, unlawful conduct or conduct that places another person at material risk.

For another material breach, BX1 may provide notice and a reasonable opportunity to remedy the breach where it is capable of remedy.

Immediate temporary action may be taken while BX1 investigates a safety, child-protection, payment or conduct concern.

The financial consequences of membership suspension or termination are governed by the applicable Adult or Kids Membership Terms. If BX1 permanently ends a paid service for reasons unrelated to the participant's breach, BX1 will provide any refund or other remedy required by the applicable terms and law.

31. Complaints and Concerns

Please raise a concern with BX1 as soon as reasonably possible so it can be investigated and addressed.

General complaints may be sent by emailing BX1. Concerns relating specifically to a child may be sent by emailing the BX1 Kids team.

Making a genuine complaint respectfully and in good faith will not affect a person's membership or access.

You may also contact NSW Fair Trading, the Office of the Australian Information Commissioner for an eligible privacy complaint, or exercise any other legal right. These terms do not require mandatory arbitration before a claim can be made.

32. Changes to These General Club 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, facilities or operating practices.

BX1 may introduce or update reasonable day-to-day operating and safety rules by displaying them at the club, in the BX1 Gym app or on the website.

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

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

33. Notices and Contact Information

You must keep your email address, mobile number, emergency contact and other relevant account information current.

BX1 may send notices to the most recent contact details you provided and may use the website, BX1 Gym app or signs at the premises for general operational notices.

Membership cancellation, freeze and transfer notices must be sent using the email address and procedure stated in the applicable Adult or Kids Membership Terms.

34. General Legal Provisions

Severability

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

No waiver

If BX1 does not immediately enforce a provision, that does not waive its right to enforce the provision later.

Transfer by BX1

BX1 may transfer its rights and obligations as part of a genuine sale, restructure or transfer of the business, provided this does not materially reduce a participant's contractual rights. Any personal information involved will be handled in accordance with the Privacy Policy and applicable law.

Governing law

These terms are governed by the laws of New South Wales and the applicable laws of the Commonwealth of Australia. The parties submit to courts and tribunals having jurisdiction in New South Wales.