In these Conditions, the following words and expressions shall mean:

Agreement: any Rental Agreement, Membership Agreement, and/or Territorial Distribution Agreement between the Company and the Customer and/or Member.

Channel Islands: the Bailiwick of Jersey and the Bailiwick of Guernsey.

Company (or US or WE): Myrecoverease Limited, registration number 158053.

Conditions: the terms and conditions set out in this document.

Customer (or YOU): the individual or entity identified in an Agreement as either the “Customer” or the “Member” in accordance with the name stated in that Agreement.

Damage: that which, in the opinion of the Company acting reasonably, makes the Equipment obsolete or unfit for future rentals or sale by the Company; this excludes fair Wear and Tear.

Distribution Agreement: the agreement dated 21 June 2025 entered into between the Company and Hyperice relating to the distribution of Products in the Channel Islands.

Equipment: CTP machines, accessories or other equipment that have been made available to You by the Company as part of a Rental Agreement and/or a Membership Agreement.

Governing Law: defined in clause Error! Reference source not found. of the Conditions.

GST: goods and services tax as defined in the Goods and Services Tax (Jersey) Law 2007.

Hyperice: Hyper Ice, Inc., a Californian corporation (company number: 3331702).

IFU: the manuals and/or instructions provided for use with the Equipment.

Initial Membership Term: the fixed period of twelve months commencing the date of a Membership Start Date.

MCQ: the questionnaire relating to various medical conditions that the Customer must consider as part of the ordering process and in accordance with the terms of a Rental Agreement and/or a Membership Agreement.

Member: an individual or entity who has entered into a Membership Agreement with the Company.

Membership Agreement: a membership agreement between the Company and the Member.

Membership Fees: monthly fees payable by the Member under their Membership Agreement.

Membership Start Date: the date a Membership Agreement starts in accordance with the terms of that Membership Agreement.

Membership Tier(s): the tiered structure of membership benefits as described in the Schedule appended to a Membership Agreement.

Minimum Purchase Order: means the minimum number of Product(s) that the Customer is required to purchase from the Company under a Territorial Distribution Agreement (as described in the Schedule appended to said agreement).

Payment(s): any cost or charge (including delivery, GST, or any other relevant cost) payable in accordance with an Agreement.

Product(s) Delivery Date: the date any Product(s) ordered under a Territorial Distribution Agreement is agreed to be delivered (and delivered) to the Customer.

Product(s) Price: the price payable for the Product(s) by the Customer in connection with, and as set out in, a Territorial Distribution Agreement.

Product(s): goods supplied under a Territorial Distribution Agreement.

Rental Agreement: an equipment rental agreement between the Company and the Customer.

Rental End Date: the day a rental period ends, as stated in accordance with the relevant Rental Agreement in accordance with clause 8. of these Conditions, or as otherwise expressly agreed in writing between the Company and Customer.

Rental Extension: any extension to the duration of a Rental Period as agreed between the Company and the Customer.

Rental Period: the period for which the Customer is renting the Equipment from the Company in accordance with a Rental Agreement.

Rental Start Date: the day a Rental Period begins as stated in accordance with a Rental Agreement or in accordance with clause 7. of these Conditions.

Rolling Membership Term: the continuation of a Membership Agreement on a rolling thirty-day basis starting on the date an Initial Membership Term ends.

Sales Law: the Supply of Goods and Services (Jersey) Law 2009.

Territorial Distribution Agreement: a Territorial Distribution Agreement between the Company and the Customer.

Unsafe Operation: a failure by any User to comply with clause 14. of these Conditions.

User: a Customer and/or any other person who uses Equipment during a Rental Period, Initial Membership Term, or Rolling Membership Term.

Wear and Tear: light surface blemishes, chips, crinkles, wrinkles, folds, rust, scrapes or scratches (as determined in the opinion of the Company acting reasonably).

Introduction and General Terms

1. Purpose of the Terms and Conditions

1.1 These are the Conditions on which We will act in accordance with your Agreement with the Company.

1.2 Please read these Conditions carefully as they will tell you, among other things, who We are, how We will rent (or provide) Equipment to You, and sell Product(s) to You, how You and We may change or end an Agreement, what to do if there is a problem and other important information.

2. Interpretation and Severability

2.1 Unless the context otherwise requires, words in the singular include the plural and, in the plural include the singular.

2.2 Unless the context otherwise requires, a reference to one gender includes a reference to the other gender.

2.3 Unless the context otherwise requires, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.

2.4 “Writing” includes emails. When We use the words “writing”, “written” or “written notice” in these Conditions, this includes emails.

2.5 Any reference to ‘days’ or ‘weeks’ in this Agreement means calendar days and calendar weeks, unless expressly stated otherwise.

2.6 If any provision or part-provision of the Conditions or the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Conditions or that Agreement.

3. Governing Law

3.1 These Conditions and the relevant Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of the Island of Jersey.

3.2 The Company and the Customer irrevocably agree that the courts of the Island of Jersey shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Conditions and any Agreement or its subject matter or formation.

4. How to Contact Us

4.1 We are Myrecoverease Limited, a company registered in Jersey. Our company registration number is 158053, and our registered office is 20 St Peter’s Country Apartments, Le Mont Fallu, St Peter, Jersey, JE3 7GZ.

4.2 You can contact Us by emailing [email protected].

4.3 If We have to contact You, We will do so by telephone or by writing to You at the email address or postal address You provided to Us in the relevant Agreement.

5. Our Contact with You

5.1 Our acceptance of Your order to rent Equipment under a Rental Agreement and/or buy Product(s) under a Territorial Distribution Agreement will take place when You make the Payment as per the relevant Agreement.

5.2 If We are unable to accept your order under any Agreement (including a Membership Agreement), We will promptly inform You of this. This might be because, inter alia, the Equipment and/or Product(s) is out of stock, there are unexpected limits on our resources which We could not reasonably plan for, We have identified an error in the price or description of the Equipment or Product(s) and/or We are unable to meet a delivery deadline.

5.3 We will assign an order number to Your order (or in the case of Membership Agreements, a unique membership number) and tell You what it is in the relevant Agreement. It will help Us if You can tell Us the order number (or in the case of Membership Agreements, your unique membership number) whenever You contact Us about your order.

5.4 We only supply to the Channel Islands. Our website is exclusively for promoting our services in the Channel Islands.

6. Your Right to make Changes

If You wish to make a change to your order, please contact Us in writing. We will let You know if the change is possible. If it is possible, We will let You know about any changes to the Payment due under the relevant Agreement, the timing of supply or anything else which would be necessary because of your requested change and ask You to confirm whether You wish to go ahead with the change.

Provisions Relating to Rentals and Memberships 

7. Rental Period Start Date

7.1 All Equipment rented under the Rental Agreement shall be rented for a minimum of a week (7 days) and for a maximum of 12 weeks unless otherwise agreed with the Company.

7.2 The Rental Period starts on the earlier date of either:

a) the Rental Start Date;

b) the Equipment being delivered to the Customer; or

c) the Equipment being collected by the Customer from the Company.

7.3 The Company is not responsible for any late collection of the Equipment by the Customer affecting the duration of their Rental Period. The Company is not obliged to make a concession or refund to the Customer for days during the Rental Period in which the Customer is not using the Equipment due to a lack of collection on their part.

8. Rental Period End Date and Late Fees

8.1 The Rental Period ends at the earlier date of either:

a) the Equipment being returned to the Company either through collection or drop-off at the agreed location; or

b) 11:59pm on the last day stated in the Rental Agreement.

8.2 The Company has the right to charge an additional £50 for each day after the Rental Period the Equipment is not returned.

9. Extension to the Rental Period

9.1 If the Customer requests an extension of the Rental Period, the Company requires a minimum of 3 days’ written notice before the Rental End Date of the initial Rental Period to properly consider the request.

9.2 Subject to the approval by the Company, a new Rental Agreement and invoice being issued, and Payment made by the Customer, the terms of the new Rental Agreement will be binding. If the Customer has not adhered to the terms of the new Rental Agreement, the Company is not liable for any incident or injury, indirect or consequential damages however caused, whether by negligence or otherwise, from continued use of the Equipment.

9.3 For the avoidance of doubt, the Company will not charge the Customer a second delivery fee if the Rental Extension is granted for Equipment already delivered to You.

10. Membership Term and Automatic Renewal

The membership shall commence on the Membership Start Date specified in the relevant Membership Agreement and shall remain in effect for the Initial Membership Term. Thereafter, it shall automatically continue on the Rolling Membership Term, unless terminated by the Company or the Customer in accordance with clause 32. of these Conditions, which applies to both the Initial Membership Term and the Rolling Membership Term.

11. Membership Tiers

11.1 The Member shall subscribe to one of the available Membership Tiers as described in the Membership Agreement.

11.2 The Company reserves the right to amend the Membership Tiers, including the benefits and/or pricing, upon thirty days’ written notice to the Member.

12. Rental Discounts

12. 1 Members shall be entitled to rental discounts in accordance with their selected Membership Tier as described in the Membership Agreement.

12.2 Rental discounts may be applied at checkout on our website using your unique membership number. This number must be used exclusively by the Member, who warrants that they will not share it with any family members, friends, or other third parties. If the Member shares their unique membership code with any family members, friends, or other third parties, then this will be treated as a material breach of the Membership Agreement.

13. Equipment Condition and Customer Responsibilities

13.1 You will be provided with a condition report completed by the Company before or on the Rental Start Date and/or Membership Start Date (or in any other case, at the time the Equipment is delivered to you), which details the condition of the Equipment. The Customer must review this report at the Rental Start Date and/or Membership Start Date (or in any other case, before the Customer or another User uses the Equipment) and inform the Company if they disagree with any of the content of the condition report. Where a condition report cannot be agreed between the parties, the Company may terminate the Agreement in accordance with clause 20 of these Conditions.

13.2 All Equipment must be returned clean and in an acceptable condition. On return of the Equipment, an inspection will be made by a director or employee of the Company.

13.3 If the Equipment is Damaged for any reason, the Company may, acting reasonably, charge the Customer (a) up to £300 to cover the costs of inspection and testing; and (b) the market value for the cost of repairs and/or the replacement value of the Equipment.

13.4 The Customer is responsible for the replacement cost of Damaged, lost, stolen and/or permanently stained Equipment. You must notify Us immediately of any Damaged, lost, stolen or permanently stained Equipment.

13.5 You shall not sell, sublet or use the Equipment for commercial purposes or dispose of the Equipment, nor allow it to be seized in satisfaction of your debts or for any other legal process, and You indemnify Us against all losses, costs, claims, damage and expenses howsoever occasioned by your breach.

13.6 Any charges payable to the Company by the Customer under this clause will be payable immediately after the Company has issued the relevant invoice and provided it to the Customer.

13.7 On loss, theft or similar of the Equipment, the Company may recover from the Customer any loss of income from the cancellation of existing bookings.

14. Safe Operation

14.1 All Users must operate the Equipment in accordance with its IFU.

14.2 All Users must be 16 years of age or older to use the Equipment.

14.3 You warrant on your own behalf and on behalf of all Users of the Equipment that:

     14.3.1 all Users shall be below the maximum weight limit for using the Equipment as specified in the IFU (if any);

     14.3.2 all Users shall be 16 years of age or older;

     14.3.3 all Users shall seek and abide by any advice from appropriate medical professionals prior to using the Equipment;

     14.3.4 all Users shall use the Equipment only in accordance with its intended use;

     14.3.5 the Equipment shall not be stored outdoors; and

     14.3.6 all Users of the Equipment shall be physically and mentally capable of using the Equipment safely.

14. 4 All Users must undertake appropriate risk assessments relating to the use of the Equipment prior to use and consider the MCQ.

Provisions relating to Territorial Distribution Agreements

15. Minimum Purchase Order

The Customer shall place a Minimum Purchase Order at the commencement of this Territorial Distribution Agreement. Myrecoverease may amend the minimum purchase requirements in any subsequent Territorial Distribution Agreements.

16. Product(s) Price

The Product(s) Price payable by the Customer for the Product(s) shall be described in the relevant Territorial Distribution Agreement. The Company may amend the Product(s) Price in subsequent Territorial Distribution Agreements.

17. Hyperice Resale Restrictions

17. 1 The Customer acknowledges and agrees that Product(s) supplied under any relevant Territorial Distribution Agreement shall not be sold outside of speciality store channels (whether directly by the Customer or indirectly through its customers or affiliates) within the Channel Islands.

17.2 The Customer shall maintain accurate records of all onward sales to its own customers of the Product(s), and provide such records to the Company upon reasonable request.

17.3 The Customer shall notify the Company immediately of any breach of resale restrictions by its own customers or affiliates.

17.4 The Customer shall co-operate with any audit or compliance review initiated by the Company or Hyperice.

17.5 Any breach of this clause shall constitute a material breach of the Territorial Distribution Agreement, entitling the Company to terminate immediately, seek injunctive relief or otherwise exercise its rights under clause 34. of these Conditions.

18. Marketing Restrictions

18.1 The Customer shall not market or promote the Product(s) using its own branding. All marketing materials must comply with Hyperice’s brand messaging, the terms of the Distribution Agreement (as may be stipulated by the Company), and any instructions given to the Customer by the Company (acting reasonably).

18.2 The Customer shall not imply ownership or origin of the Product(s), nor alter or obscure any branding or trademarks of Hyperice or the Company.

19. Warranty Notification

The Customer shall promptly notify the Company in writing of any warranty claims or potential warranty issues relating to the Product(s). Such notification shall include reasonable details of the issue and any supporting information or documentation requested by the Company.

20. Company’s Buy-Back Discretion

20.1 The Company may, at its sole discretion, agree to repurchase unsold Hyperice Product(s) from the Customer. Any such arrangement shall be subject to the following conditions:

     20.1.1 The Product(s) must have been purchased under a Territorial Distribution Agreement and remain in their original, unopened packaging, in resalable condition, and not expired or obsolete;

     20.1.2 The Customer must have complied with all resale, marketing, and territorial restrictions set out under the Territorial Distribution Agreement and the Conditions;

     20.1.3 The Product(s) must not have been purchased under promotional, discounted, or clearance pricing;

     20.1.4 The Company shall have no obligation to repurchase any Product(s) and may decline any request without reason;

     20.1.5 Any approved buy-back shall be subject to a restocking fee of 10% of the original Product(s) Price, and the Customer shall bear all costs of return shipping and handling; and

     20.1.6 Subject to the above, the Company shall repurchase approved Product(s) at 90% of the original Product(s) Price paid by the Customer, excluding any applicable taxes, shipping, or discounts.

21. Sharing of Information for Distribution Agreement

21.1 Each of the Company and Customer agrees to keep confidential all information disclosed by the other in connection with any Territorial Distribution Agreement to which they are a party and not to use such information for any purpose other than the performance of the relevant Territorial Distribution Agreement and in the case of the Company, for the purposes described in clause 1.2 of these Conditions.

21.2 The Company may share the Customer’s information and their onward customer’s information with Hyperice as is required to fulfil Product(s) warranties, or as they are otherwise directed by Hyperice under the Distribution Agreement, and in accordance with the Company’s Privacy Policy.

General Terms

22. Payment and Charges

22.1 The Payment for the Equipment rented under a Rental Agreement and/or the Product(s) sold under any Territorial Distribution Agreement will be the total charges indicated on the order page when You place your order, and/or as described in the relevant Agreement, and/or as described in the relevant invoice.

22.2 The Payment under a Membership Agreement will be the Membership Fees indicated in that Membership Agreement, which, for the avoidance of doubt, will be charged monthly by direct debit.

22.3 Unless otherwise agreed in writing or paid on the order page when You place your order, all Payment(s) due under an Agreement (or as otherwise may be payable to the Company) shall be made in full within five days of the invoice date.

22.4 It is always possible that, despite our best efforts, some of the Equipment and/or Product(s) We send out (and/or the Membership Fees) may be incorrectly charged. We will check all charges before sending You the relevant Agreement. Where the correct charges for the Equipment and/or Product(s) at your order date (and/or the Membership Fees at your Membership Start Date) are less than our stated price at your order date (and/or Membership Start Date), We will charge the lower amount. If the correct charges at your order date (and/or Membership Start Date) are higher than the charges stated to You, We will contact You for your instructions before We accept your order. If We accept and process your order (or your membership under a Membership Agreement) where a charging error is obvious and unmistakable and could reasonably have been recognised by You as a mischarging, We may end the relevant Agreement, refund You any sums You have paid, and require the return of any Equipment and/or Product(s).

22.5 If the Customer fails to make any Payment due before the Rental Start Date, at any point as required under the Membership Agreement, and/or before the Product(s) Delivery Date, the terms of the Agreement are voidable at the option of the Company.

22.6 Interest shall accrue on any overdue Payment amount at 4% above the Bank of England base rate from time to time, compounded monthly. Interest shall continue to accrue until full Payment is received, including during any dispute resolution process.

22.7 If the Customer fails to make any Payment due under an Agreement, the Company shall be entitled to exercise its rights as described in clause 22 of these Conditions as well as any other rights it might be entitled to.

23. Retention of Title for Product(s) and Equipment

23.1 Title to Product(s) purchased under a Territorial Distribution Agreement shall not pass to the Customer until the Company has received Payment in full (in cleared funds) for those Product(s). Risk in the Product(s) shall pass to the Customer upon delivery of the Product(s).

23.2 Title to all Equipment provided under the Rental Agreement and/or Membership Agreement shall remain with the Company at all times.

24. Chargebacks

24.1 The Customer agrees not to initiate a chargeback or payment dispute with their bank or card issuer in relation to any Payment relating to any Agreement.

24.2 The Company shall not be liable for any loss, delay, or disruption caused by a chargeback initiated by the Customer or their bank, including any suspension of services and/or memberships, cancellation of orders and/or memberships, or reversal of access to Equipment or Product(s).

24.3 The Customer acknowledges that initiating a chargeback for a validly processed Payment under an Agreement shall constitute a breach of the Agreement and the Company may exercise its rights in accordance with clause 34. of these Conditions (and any other legal right it might have).

25. Deliveries

25.1 The costs of delivery will be stipulated in the relevant Agreement and/or invoice.

25.2 If delivery is required in connection with an Agreement, We will do all that We reasonably can to deliver the Equipment and/or Product(s) on the relevant Rental Start Date, Membership Start Date and/or any Product(s) Delivery Date. If your delivery is delayed, We will let You know as soon as reasonably possible.

25.3 We are not responsible for delays outside our control. If an event outside our control delays our supply of the Equipment and/or Product(s) (and/or your Membership Start Date and any associated benefits), We will contact You as soon as possible to let You know, and We will take steps to minimise the effect of the delay.

25.4 We may have to suspend the delivery of Equipment and/or Product(s) (and/or your Membership Start Date and any associated benefits) to deal with technical problems or make minor technical changes.

25.5 The Customer (or their representative) shall use their best endeavours to be present at the designated delivery address on the scheduled delivery date.

25.6 If no one is available at your address to take delivery, the Company or our agent will contact You as to how to re-arrange delivery.

25.7 If, after a failed delivery to you, You do not re-arrange delivery We will contact You for further instructions. We may charge You for any further delivery costs. If, despite our reasonable efforts, We are unable to contact You or re-arrange delivery We may terminate the Agreement as per clauses 31 and 32 of these Conditions.

26. Equipment and/or Product(s) Appearance

Equipment and/or Product(s) may vary slightly from their pictures. The images of the Equipment and/or Product(s) on our website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that a device's display of the colours accurately reflects the colour of the Equipment and/or Product(s). The Equipment and/or Product(s) may vary slightly from those images.

27. Returns, Replacements and Recalls

27.1 The Customer must notify the Company in writing of any defective or non-conforming Equipment and/or Product(s) within five days of delivery.

27.2 The Company shall, at its discretion, repair, replace, or refund the defective Equipment and/or Product(s).

27.3 Equipment and/or Product(s) returned without prior written authorisation from the Company may not be accepted and may be returned to the Customer at their expense.

27.4 The Customer shall cooperate with the Company in the event of an Equipment and/or Product(s) recall, including ceasing sales, notifying end-users, and returning affected Equipment and/or Product(s).

28. Defective Product(s)

28.1 We are under a legal duty to supply Equipment and/or Product(s) and services/memberships that conform with the relevant Agreement and consumer protection laws, including but not limited to the Sales Law.

28.2 If You wish to return the Equipment and/or Product(s) because it is defective or faulty You must contact Us as soon as possible.

29. Tracing

29.1 You shall provide:

     a) such information and assistance as We may require to comply with any legal or contractual obligations on Us to track, trace and/or recall any Equipment and/or Product(s); and

     b) any information concerning any possible defects in relation to safety, standard or condition of the Equipment and/or Product(s).

30. Refunds

If You are entitled to a refund under these Conditions, We will refund You the sums You have paid, using preferred payment details, within 14 days of the date of cancellation or as otherwise agreed between the Company and Customer.

31. Cancellation

31.1 The Customer may cancel an Agreement (or an order under an Agreement) before the Rental Start Date, Membership Start Date, and/or Product(s) Delivery Date by email or by telephone call.

31.2 If an Agreement is cancelled by the Customer within two days of the Rental Start Date, Membership Start Date, and/or Product(s) Delivery Date, the Company reserves the right and discretion to charge the Customer a cancellation fee of £150 for each Agreement cancelled, and in the case of cancelled Product(s) ordered under a Territorial Distribution Agreement, 10% of the total invoice value for the Product(s) cancelled.

31.3 If an Agreement is cancelled by the Customer more than two days before the Rental Start Date and/or Membership Start Date, the Company will not charge the Customer a cancellation fee.

31.4 The Company retains the right to cancel an Agreement at any time before any relevant start date or delivery date and will refund any monies it has received in connection with the cancellation.

32. Termination of Agreement

32.1 The Company or Customer may terminate any Agreement by providing thirty days’ written notice to the other party, unless otherwise specified in the relevant Agreement.

32.2. The Company may terminate any Agreement immediately by written notice if:

     32.2.1 the Customer fails to make any Payment when due;

     32.2.2 the Customer breaches any material term of the relevant Agreement, or these Conditions (and the Company may definitively determine what constitutes a breach of a material term);

     32.2.3 the Customer misuses, damages, or fails to return Equipment and/or Product(s) as agreed;

     32.2.4 the Customer breaches resale restrictions or any other terms of the Distribution Agreement;

     32.2.5 the Customer becomes insolvent, enters liquidation, or is otherwise unable to meet its obligations; and/or

     32.2.6 for any other reason that the Company determines to be reasonable.

32.3 Upon termination:

     32.3.1 The Customer shall immediately cease use of any Equipment and return it to the Company in accordance with the Company’s instructions. Failure to return Equipment within 7 days may result in the Company charging the full replacement value of the Equipment, plus any applicable late fees.

     32.3.2 The Customer shall immediately return any Product(s) they have not made Payment (in full) for and return it to the Company in accordance with the Company’s instructions. Failure to return the Product(s) within 7 days will result in the Company charging the full replacement value of the Product(s), plus any applicable late fees.

     32.3.3 Any outstanding Payments, including Membership Fees, rental charges, delivery costs, late fees, and any other amounts due under any relevant Agreement, shall become immediately due and payable. The Company reserves the right to charge interest on overdue amounts in accordance with clause 22.6. of these Conditions.

     32.3.4 The Company may suspend or cancel any pending deliveries, services, memberships, or benefits under any relevant Agreement, including, but not limited to, access to Equipment, Product(s), Membership Tiers, or promotional offers.

     32.3.5 The Company may recover from the Customer any losses, costs, or damages incurred as a result of the termination, including but not limited to:

          a) loss of income from cancelled bookings or services;

           b) costs of recovering or replacing Equipment and/or Product(s);

          c) legal fees, administrative costs, and third-party collection charges; and

          d) any chargeback-related losses or fees.

     32.3.6 The Customer shall indemnify and hold harmless the Company against any claims, liabilities, or expenses arising from the Customer’s failure to comply with their obligations under this clause 32.

32.4 Termination shall not affect any accrued rights or remedies of either party (including but not limited to the Company’s rights under clause 34. of these Conditions), nor shall it affect any obligations intended to survive termination, including indemnities, confidentiality, and payment obligations.

Legal and Compliance Provisions

33. Limitation of liability

33.1 The Customer acknowledges that the MCQ was brought to their attention before entering into a Rental Agreement and/or Membership Agreement. The Customer is responsible for ensuring that they and/or any User of the Equipment have read the MCQ.

33.2 The Customer accepts that if any User answered “yes” to any of the questions in the MCQ, then such User should have sought the advice of a medical practitioner or another professionally qualified person before using the Equipment.

33.3 If the User has any other medical condition not included in the MCQ, then they accept that this is their own responsibility and that they should have known to seek the advice of a medical practitioner or another professionally qualified person before using the Equipment.

33.4 The Customer acknowledges that the Company is not providing and is not qualified to provide medical advice.

33.5 In no event will the Company be liable to the Customer (and/or any User) for any incident or injury, indirect or consequential damages however caused, whether by negligence, misuse or, Unsafe Operation as per the Conditions of the relevant Agreement or otherwise.

33.6 The Customer agrees to protect, indemnify and hold harmless the Company against all claims, damages and costs, including legal expenses arising out of a User’s use of the Equipment.

33.7 To the fullest extent permitted under the Governing Law, the Company disclaims all liability for any other loss, damage, or expense of any kind, whether direct, indirect, incidental, consequential, special, or exemplary, arising from or related to the use of Equipment and/or Product(s), services, memberships, website, other sale of goods, or any other interaction with the Company. This limitation applies regardless of the legal theory under which such liability is asserted, including but not limited to contract, negligence, strict liability, or otherwise. Where liability cannot be fully excluded under the Governing Law, it shall be limited to the minimum extent permitted.

34. Our Rights

34.1 In the event that the Customer breaches any of the Conditions, and/or the terms of any Agreement, the Company reserves the right to exercise all legal rights and remedies available under the Governing Law. This includes, but is not limited to:

     34.1.1 the suspension or termination of any and all Agreements between the Customer and Company with immediate effect and without liability to the Company for any resulting loss of access, services, memberships, or benefits;

     34.1.2 the suspension or termination of any benefits the Member may have under a Membership Agreement, including but not limited to, rental discounts, access to Equipment, and eligibility for promotional offers;

     34.1.3 the recovery of any Equipment and/or Product(s) provided under any Agreement. The Customer shall cooperate fully with the Company’s recovery efforts and bear all associated costs, including courier fees, inspection charges, and replacement costs for any Equipment and/or Product(s) not returned in acceptable condition;

     34.1.4 charging interest on any outstanding Payments in accordance with 22.6 these Conditions;

     34.1.5 pursuing legal action, including claims for damages, outstanding rental fees, Membership Fees, late fees, cancellation charges, or any other costs incurred as a result of the breach. The Company may also seek injunctive relief or specific performance where appropriate;

     34.1.6 engaging third-party debt collection agencies or taking legal action to recover any unpaid amounts and/or any Equipment and/or any Product(s). The Customer shall be liable for all reasonable costs incurred by the Company in connection with such recovery efforts, including legal fees, administrative expenses, and collection charges;

     34.1.7 reporting the breach to relevant authorities or regulatory bodies where the breach involves fraud, misuse of Equipment, or other unlawful conduct; and

     34.1.8 withholding or offsetting any refunds, credits, or future benefits otherwise due to the Customer until the breach is remedied and all outstanding obligations are fulfilled.

34.2 The exercise of any of the above rights shall not preclude the Company from seeking or exercising any other remedies available under the applicable law.

35. Intellectual property

You acknowledge that all patents, rights to inventions, copyrights, design rights, rights to confidentiality, and other intellectual property rights in the Equipment (and/or Product(s)) and in the names of the Equipment (and/or Product(s)), in any part of the world, are and shall remain our property (or as the case may be, Hyperice’s property), and that no right, title, interest, or licence is given to You in or under such intellectual property rights.

36. Sale of Goods

By purchasing goods from the Company, You acknowledge and agree that the sale of such goods is governed by and shall be interpreted in accordance with the Sales Law.

37. Variation

No variation of an Agreement shall be effective unless it is in writing, signed by the parties (or their authorised representatives), and expressly states that it amends that Agreement.

38. Waiver

If You breach these Conditions and We do not take immediate action, We reserve the right to enforce our rights and remedies in respect of any future or continuing breach.

39. Complaints

If You have a complaint please contact Us by email or telephone in accordance with the details on our website.

40. How We may use your personal information

We may use your personal information in accordance with the Company’s Privacy Policy available on the Company’s website.

If you have any questions, reach out the the TEAM HERE.