General Terms and Conditions CRYOPOINT (as of January 01, 2024) 1. GENERAL 1.1 SCOPE These are the general terms and conditions of Cryopoint Franchise GmbH and the individual Cryopoint locations in the DACH region, which are operated by the independent franchisees, hereinafter referred to as Cryopoint. All contracts concluded by Cryopoint are subject to the following terms and conditions. If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), terms and conditions provided by the customer shall not apply. This also applies in the event that Cryopoint does not separately object to the inclusion of the customer’s terms and conditions. If the customer’s terms and conditions deviate from or contradict the following terms and conditions , these shall only apply in the event that the terms and conditions have been accepted by Cryopoint in writing . 1.2 USER ACCOUNT In order to use the functions of the website, the mobile app and the appointment booking tool , you must create a user account for our MySports and/or Shore booking system. You can access the respective booking platform by logging in to our website www.cryopoint.com on the respective subpage of the location or via our app “Cryopoint”. The use of a third-party user account is not permitted. You are responsible for the security and confidentiality of your user account and the associated password. Cryopoint is not liable for any loss of data due to a cause within your sphere of responsibility. In the event of a security breach or unauthorized use of your account, you should inform Cryopoint immediately. The appointment booking platform is operated by Shore GmbH and Magicline GmbH. . Both partner companies are independent of Cryopoint. The use of the respective platforms is subject to their own terms and conditions. You can access the general terms and conditions of Shore GmbH at https://www.shore.com/de/rechtliches/ . The general terms and conditions of Magicline GmbH can be found at https:// public.sportalliance.com/magicline/en/gtc/magicline-de-gtc-20211206.pdf. Please check your entries for correctness and completeness before submitting your data to Cryopoint. Please inform Cryopoint immediately of any changes to your data. Cryopoint reserves the right to close your user account in justified cases and to withhold the services offered to you . This applies in particular in the event that you violate applicable law, your contractual agreement with Cryopoint or the house rules of Cryopoint. 1.3 USE OF THE MODERN WELLNESS LOCATIONS, BOOKING SYSTEM, USE RULES, WAITING LIST AND HOUSE RULES With your user account you can book the offers in the Cryopoint locations. A visit to is only possible during the normal opening hours of the respective location or after individual consultation. All recharge, wellness and cryo offers are available for booking at . Section 1.6 applies to the availability of the offers. Booked offers cannot be transferred to third parties. Purchased card quotas and offers cannot be shared or personalized. Cryopoint may allow exceptions in individual cases. This applies in particular to contingents booked by companies for use by their employees. The decision to approve an exception is at the discretion of Cryopoint. There is no legal entitlement to the granting of an exception. In the event that an application is already fully booked, you have the option of having enter your name on the waiting list after contacting the respective location by telephone at . If a date becomes available for the desired application, you will be moved to the desired course place. Cryopoint will inform you by e-mail or telephone when a place becomes available. To do this, you must have agreed to receive emails from Cryopoint in your account on the booking platform. Upon notification, your appointment booking for this application becomes binding. The provisions of section 1 apply in this case as in the case of a regular booking. The house rules of Cryopoint are part of the terms and conditions and apply in all premises of Cryopoint. Participants are obliged to follow the rules of Cryopoint’s house rules at . 1.4 CANCELLATION Booked appointments can be canceled up to 24 hours before the start of the course via the booking system or by e-mail. Cancellation after this time is not possible. Cryopoint reserves the right to charge a cancellation fee in the event of a late cancellation. If you do not show up for a booked appointment, the appointment or the contingent will still be deducted from your member account or the respective 3/5/10 card and charged. A refund is excluded. If you cancel a booked appointment during participation, the appointment or the quota will still be deducted from your member account or the respective 3/5/10 card and charged. A refund is excluded. 1.5 NON-COMPLIANCE WITH APPOINTMENTS Non-compliance with appointments: In the event of non-compliance with the booked appointment without prior cancellation within the applicable cancellation period (24 hours before the start of the appointment), Cryopoint reserves the right to invoice for the full amount of the appointment. This also applies to appointments that cannot be kept due to late arrival. A refund is excluded in this case. 1.6 APPOINTMENT BEGINNING Customers with an appointment are obliged to arrive at the store in good time, at least 5 minutes before the start of the booked appointment. In the event of a late arrival, Cryopoint reserves the right to assign your appointment to another customer and to charge your quota. Customers who have booked an appointment for an application at Cryopoint for the first time are obliged to arrive at the store at least 10 minutes before the start of the appointment. The staff will give you the necessary introduction and explanation of the application process before the start. It is not possible to use during an initial appointment without prior instruction and explanation . Otherwise, paragraph 1 applies accordingly. 1.7 AVAILABILITY The available offers may vary depending on the location. There is no legal claim to the availability of a particular offer at a location other than the one shown or at a time other than the one shown. Please refer to the respective booking system or the price overview displayed on the website or in the local store for the availability and prices of offers at your location. Cryopoint reserves the right to cancel appointments at short notice and to change times and/or trainers. Customers will be informed of the cancellation either by telephone or by e-mail in good time before the scheduled start of the appointment. In the event of a cancellation, a refund will be made. Cryopoint reserves the right to close individual stores on all public holidays and on up to 20 days per year due to renovation work or other urgent operational requirements . In addition, Cryopoint reserves the right to close the stores between December 24th and January 2nd of the following year, as well as to conduct short-term company vacations of a maximum of 5 working days at a time. In the event of closure, the dates will be announced in advance by notice and/or by e-mail. Any refunds due to closure are excluded. If a booked offer with a limited validity period is affected by the closure, will extend the validity period of the offer by the number of days on which the locations would have been open within the validity period without the closure. Cryopoint always tries to provide you with the services offered. However, Cryopoint cannot guarantee that the services will be available at all times. In the event of a disruption to the Internet services, as well as in the event of maintenance work, repairs or the introduction of new services, short-term outages are possible. In this case, no legal claim can be made against Cryopoint. Cryopoint endeavors to keep the duration of temporary interruptions and restrictions to a minimum . 1.8 PHOTO AND FILM SHOOTING Filming or photography for commercial purposes is not permitted within the premises of Cryopoint. This applies without restriction at all Cryopoint locations. Cryopoint may grant you permission to take photographs in individual cases upon prior request. Cryopoint attaches great importance to the privacy and well-being of our customers and employees. We therefore kindly ask you to refrain from taking photographs and filming for private purposes on our premises if this could violate the rights and privacy of other persons . We would like to point out that the secret photographing or filming of persons without their express consent is illegal in many countries and legal systems. Cryopoint accepts no liability whatsoever for violations of personal rights, data protection or other legal provisions in connection with photo and film recordings that violate these GTC. Cryopoint reserves the right to take legal action in the event of unlawful photo or film recordings. 1.9 COPYRIGHT The content, logos, graphics, works etc. contained on the Cryopoint website are subject to German copyright law. The reproduction, editing, distribution and any kind of utilization outside the limits of copyright law require the written consent of Cryopoint. Downloads and copies of this site are only permitted for private use, not commercial use. Cryopoint respects the copyrights of third parties. If content on the websites of Cryopoint infringes the rights of third parties, Cryopoint will remove this content immediately at the request of the authorized party. 1.10 THIRD-PARTY WEBSITES The websites operated by Cryopoint may contain links to third-party websites. These are not under the control of Cryopoint. Cryopoint accepts no responsibility for the content on third-party websites. At the time the links were created, Cryopoint checked the external websites for possible legal violations. However, it is not possible for Cryopoint to constantly check external websites , so that no liability can be accepted for subsequent changes . Should Cryopoint become aware of any legal infringements on linked third-party websites, Cryopoint will remove the links from its websites immediately. 1.11 MINORITY AGE OF PARTICIPANTS Cryopoint’s offers are aimed at customers of legal age. If you have not yet reached the age of 18, you are not permitted to book the offers of Cryopoint. Cryopoint may permit use in individual cases before the age of majority, provided that the written consent of a parent or legal guardian is available and the underage customer is accompanied by a parent or legal guardian. Permission is granted at the sole discretion of Cryopoint and may be refused. 1.12 LIMITATION OF LIABILITY Cryopoint is not liable for any damages incurred by customers. This does not apply to liability for breach of a material contractual obligation and for liability for damages to the participant due to injury to life, body and health, as well as for damages due to a willful or grossly negligent breach of duty by Cryopoint, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. An essential contractual obligation of Cryopoint is in particular, but not exclusively, the continuous provision of different applications. Cryopoint is also not liable for damages caused by the participant’s own fault . This does not apply if Cryopoint, its legal representatives or vicarious agents are partly at fault. Cryopoint is not liable for damage to or loss of items brought in. This does not apply to damage caused by an intentional or grossly negligent breach of duty by Cryopoint, its legal representatives or vicarious agents. The storage of objects in the application rooms is at your own risk. Cryopoint strongly advises against bringing cash or valuables into the premises of Cryopoint or storing them in the changing rooms provided. Cryopoint is not liable for the loss of or damage to valuables or cash stored by customers in the changing rooms or otherwise brought into the premises of Cryopoint . This does not apply to damage caused by an intentional or grossly negligent breach of duty by Cryopoint, its legal representatives or vicarious agents. Cryopoint offers the option of depositing valuables at the reception desk. 2. SPECIAL FEATURES WHEN BOOKING APPLICATION OFFERS 2.1 OFFER AND CONTRACT CONCLUSION Cryopoint offers various offers for booking. In our stores you have the opportunity to take advantage of various beauty and wellness offers.In the “ice box” you have the option of booking a full-body cold treatment in our cryochamber . The presentation of services and products on the Cryopoint website and the Magicline or Shore booking system does not constitute a binding offer. Your booking or your click on “Book now” constitutes a binding appointment booking. The contract is only concluded when Cryopoint accepts this request and confirms this to you in an email. Cryopoint reserves the right to refuse acceptance for good cause. An important reason is in particular the prior violation of the house rules, other legal violations and the booking party’s minority. 2.2 PAYMENT Payment for the booked service is made directly at the respective location on site. At the express request of the customer, can also be paid online via the booking platform Magline or Shore . Magicline and Shore provide various payment options at (e.g. credit card, direct debit). The monthly amount for memberships is charged on the first day of each subsequent month in accordance with the direct debit authorization issued, irrespective of the day the contract is concluded and collected (e.g.: contract concluded on the 15th of a month, collection in the following months on the 1st of each month). Cash payment in our stores may be possible depending on the location. Payment by EC card may be possible in your store . The availability of EC card payment may vary depending on location. Please inform yourself in advance about the payment options at your location. There is no entitlement to the use of a payment method other than the one available at your location. In the event of a failed payment, in particular but not exclusively due to insufficient funds, Cryopoint reserves the right to claim any damages incurred . 2.3 RIGHT OF WITHDRAWAL If you are a consumer, you have a right of withdrawal when concluding a contract via the Cryopoint website or at in accordance with the statutory provisions. You are a consumer if you are a natural person and conclude the contract with Cryopoint for a purpose that cannot be attributed to your commercial activity or your independent professional activity. You will be informed about your right of withdrawal below: Cancellation policy You have the right to withdraw from this contract within fourteen days without giving any reason to . The withdrawal period is fourteen days from the day on which the contract was concluded. To exercise your right of withdrawal, you must inform Cryopoint by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract to . You can use the attached sample withdrawal form at the end of the GTC (Appendix 1a for booked services), but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract by . For this repayment we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged any fees for this repayment. If appointments or applications have already been used, these will be deducted pro rata from the amount originally paid. End of the cancellation policy 2.4 AUTOMATIC CONTRACT RENEWAL The memberships concluded have a minimum term of one month. After this they can be terminated with 4 weeks’ notice to the end of the following month. Contracts purchased online or in the studio must be confirmed either by a digital signature or by actively confirming the GTCs and contractual terms and conditions at . The link to this form will be sent by email after purchase. Membership quotas are non-transferable and can only be used by one person and therefore cannot be shared with other people. The monthly membership fee is due on the 1st of each month and will be debited from the payment method stored at . Late cancellations will be deducted from the quotas. Unused quotas cannot be carried over to the following months. Exceptions for medical reasons after consultation and presentation of a medical certificate. 2.5 CANCELLATION BY THE MEMBER All memberships offered can be cancelled monthly after the minimum term of one month has expired. Memberships must be terminated no later than four weeks before the end of the following month. You are entitled to extraordinary termination for good cause. An important reason is in particular: In the event of pregnancy. In this case, a medical certificate from an appropriate specialist must be enclosed with the notice of termination. In the event of an illness that makes continued use of our services impossible or harmful. In this case, the notice of termination must be accompanied by a medical certificate from an appropriate specialist certifying the incapacity for sport. The description of the illness or the underlying circumstance is not required. If the use of individual, not completely insignificant parts (e.g. course offers or individual equipment groups) remains possible , extraordinary termination is not permitted. If the main place of residence is moved to a location more than 50 km away from the nearest Cryopoint store. In this case, a certificate of registration from the competent authority must be enclosed with the notice of termination. If a Cryopoint store is closed or relocated and the nearest Cryopoint store is at least 30 km further away from your main place of residence than the closed or relocated Cryopoint studio. Your notice of termination must be received by Cryopoint in text form. 2.6 TERMINATION BY CRYOPOINT If you are in arrears with the payment of a fee corresponding to two monthly fees, Cryopoint reserves the right to terminate the contract without notice. In the event of a repeated breach of the house rules, Cryopoint reserves the right to terminate the contract without notice . Termination for other good cause remains unaffected by this. In the event of termination for good cause, Cryopoint expressly reserves the right to assert further claims for damages in accordance with the statutory provisions. 3. SPECIAL FEATURES OF THE PURCHASE OF GOODS (MERCHANDISE AND OTHER PRODUCTS) 3.1 WARRANTY For contracts with consumers for the purchase of goods, the statutory warranty rights of §§ 434 ff. BGB APPLY. The statutory warranty period of two years from delivery of the goods shall apply. If the customer is an entrepreneur within the meaning of Section 14 BGB, the following provisions shall apply in addition: The warranty period shall be one year from delivery or, if acceptance is required, from acceptance. This does not apply to claims for damages due to injury to life, body and health, as well as for damages due to an intentional or grossly negligent breach of duty by Cryopoint, its legal representatives or vicarious agents. Goods delivered by Cryopoint must be inspected immediately after delivery. With regard to obvious or other defects that would have been recognizable during an immediate and careful inspection, the goods are deemed to have been approved unless Cryopoint receives a notice of defects within a maximum of 7 working days from delivery of the goods. If a defect that was not recognizable during a careful inspection becomes apparent later, the goods are deemed to have been approved unless Cryopoint receives a notification of defects within 7 working days of the defect becoming apparent. If the defect would have been recognizable in normal use at an earlier time, this time is decisive for the beginning of the 7-day complaint period. At the request of Cryopoint, rejected goods must be sent carriage paid to Cryopoint for inspection to . In the event of a justified complaint, Cryopoint will reimburse the costs of the cheapest shipping route. If the Buyer has modified the goods himself or through the involvement of third parties without the consent of Cryopoint, the Buyer shall bear the additional costs of remedying the defect, provided that costs exceeding the usual costs of remedying the defect have been incurred as a result of the modification. If the rectification of defects is impossible or unreasonably difficult due to a modification of the goods, the warranty is void. In the case of an agreement on the delivery of goods as “used”, any warranty rights for material defects are excluded. 3.2 RIGHT OF RETURN For products purchased in the stores or in the online store, Cryopoint grants you a right of return within a period of 14 days from the purchase date in addition to the statutory provisions. In the event of a return, Cryopoint will refund the purchase price paid. This only applies on condition that the product is still in its original condition, i.e. in its original packaging and undamaged. Cryopoint reserves the right to inspect the product for loss of value before taking it back and to refuse to take it back if the customer is responsible for the loss of value. For products purchased in a local store, a return can only be carried out at the respective location. A transferability of the right of return to other locations is excluded. For the refund, Cryopoint uses the means of payment that was used for the purchase. 3.3 VALIDITY OF VOUCHERS 1. Our vouchers are valid exclusively for the service listed on the voucher. 2. The vouchers are valid for 12 months from the date of issue and can be redeemed within this period. 3. Once the validity period has expired, the voucher loses its validity. There is no entitlement to the provision of the service or a payment of the voucher value.4 Statutory claims of the buyer, in particular in accordance with § 195 BGB, remain unaffected by this. 4. SPECIAL FEATURES IN CONNECTION WITH “COLD” OFFERS 4.1 REQUIREMENTS FOR USE Participants in the Cryo application are obliged to consult their attending physician before use in order to rule out possible health risks. Please inform your doctor in particular about the possibility of health reasons for exclusion. You can find these below under point 4.2. Before participating in a cryo application, the participant is obliged to truthfully complete the cryo-chamber consensus declaration or the medical history form. Only by providing complete and truthful information can possible risks to your health or contraindications be ruled out. When using the cryo-chamber, the use of eye protection, i.e. wearing gloves, mouth and ear protection as well as socks and sturdy shoes is mandatory. It is recommended that you also wear swimwear or underwear during the cryo application. Jewelry, watches, glasses and contact lenses must be removed before use. Weak, elderly or disabled persons and persons with sensory or perceptual disorders (e.g. impaired vision or hearing, impaired temperature sensation) may only enter the cryo chamber when accompanied by support staff. Before, during and after the cryo application, the instructions of our staff must be followed in order to avoid health risks. 4.2 HEALTH CONDITIONS FOR USE Use of the cryochamber is not permitted due to health risks if you have any of the following health restrictions: Untreated hypertension Heart attack within the last 6 months Arterial occlusive disease at an advanced stage Cryoglobulinemia 4.3 AVAILABILITY The availability of cold services may vary depending on the location. Please contact to find out about availability at your Cryopoint location. Section 1.6 also applies to availability. 4.4 NOTE ON THE HWG (HEILMITTELWERBEGESETZ) The effects of whole-body cryotherapy treatments are assessed differently according to the current state of science. Cryopoint believes in the effects of the cryo application and offers it to its customers for this reason. For legal reasons, Cryopoint points out that the offer of the cryo application does not constitute a promise of healing. Cryopoint does not guarantee or promise any improvement in the physical condition or a cure or improvement of an existing illness of the participant as a result of the Cryo application. The information on the Cryopoint website does not constitute medical advice, examination or diagnosis. Before participating in a cryo application, you should consult your doctor to rule out possible risks and contraindications. 4.5 NOTE ON TEMPERATURE INFORMATION FOR COLD APPLICATIONS All temperature information for the individual cold applications, such as the “ice box” (cold chamber), the Cryospot and the Cryoshaper, are temperature ranges specified by the respective device manufacturer in which the devices operate. This means that the cold chamber can have a “cooling capacity” of up to -110°C in a closed system. Due to the regular door openings when customers enter and exit the machine, a temperature loss cannot be avoided. As a result, the temperature specifications do not refer to the permanent temperature inside and deviations may occur in the applications. The Cryospot or the open nitrogen cabin also achieve a cooling capacity of up to -150°C. With single-chamber systems or open systems such as the Cryospot, it is almost impossible to guarantee these temperatures during application. The temperature ranges specified by the Cryoshaper do not refer to the skin temperature generated, but to the cold/heat output on the applicator handpiece. 5. APPLICABLE LAW AND JURISDICTION The law of the Federal Republic of Germany applies to all contracts concluded with Cryopoint. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. If the buyer is a consumer and at the time of the order has his usual place of residence in a country other than the Federal Republic of Germany, mandatory legal provisions of this country remain unaffected by the choice of law made. If the buyer is an entrepreneur and at the time of the order has his registered office in Germany , the exclusive place of jurisdiction is the registered office of the seller. In all other respects, the statutory provisions applicable to jurisdiction shall apply. 6. RESERVATION OF CHANGE Cryopoint reserves the right to change its general terms and conditions for good cause at . An important reason may be in particular, but not exclusively, a change in legal provisions, issued case law or a significant change in the economic circumstances. In addition, Cryopoint reserves the right to extend the scope of these terms and conditions to newly opened locations. Cryopoint will inform its customers in good time of any intended change to its terms and conditions. If you do not agree with a change to the terms and conditions of Cryopoint, you can object to the change in writing within the period specified by Cryopoint . In this case, Cryopoint reserves the right to terminate the contract. If no objection to an amendment to the terms and conditions is received within the specified period, the terms and conditions are deemed to have been accepted. 7. dispute resolution body Cryopoint does not participate in dispute resolution proceedings before a consumer arbitration board . Appendix 1a: Withdrawal form for services & digital content The withdrawal is addressed to Cryopoint Franchise GmbH, Kaiser-Wilhelm-Str. 9, 20355 Hamburg, Management: Felix Hinz and Ashkan Esmat, e-mail: [email protected]. I/we hereby revoke the contract concluded by me/us for the provision of the following service: Contract dated: Name of the consumer(s): Address of the consumer(s): Signature of the consumer(s) (signature is not required for revocation by email) Place, date Appendix 1b: Revocation form for purchase contracts The revocation is addressed to Cryopoint Franchise GmbH, Kaiser-Wilhelm-Str. 9, 20355 Hamburg, Management: Felix Hinz and Ashkan Esmat, e-mail: [email protected]. I/we hereby revoke the contract concluded by me/us for the purchase of the following product(s): Ordered on/received on: Name of the consumer(s): Address of the consumer(s): Signature of the consumer(s) (In case of revocation by email, the signature is not required) Place, date Appendix 2: House rules The following house rules are part of Cryopoint’s general terms and conditions. They apply at all Cryopoint locations. Participants and other visitors must comply with the provisions of these house rules at all times. Please let our employee know before the start of each treatment what injuries, health or physical restrictions you have. They will inform you whether it is safe to carry out the treatment under which conditions. On request, Cryopoint will provide you with gloves, a headband, face mask and shoes for each ice box session. Depending on the location, this may incur costs. At the end of the application, the items must be returned to the employee or the designated container/place . The utensils remain the property of Cryopoint. Do not deviate from the instructions of the employee. An application that is not carried out exactly or deviates from may pose a risk of injury. Follow the instructions of the employee and staff when entering and leaving the premises. If you end a treatment prematurely, always wait until the display shows you the end of the treatment time before you leave the treatment (e.g. boa lymph massage).