CONSENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY & TERMS AND CONDITIONS

DexaFit Boston, LLC

Version: 2.1
Last Modified: DEC 20th, 2025

IMPORTANT LEGAL NOTICE – READ CAREFULLY

THIS DOCUMENT CONTAINS A RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND WAIVER OF CERTAIN LEGAL RIGHTS.
BY AGREEING, YOU ACKNOWLEDGE AND ACCEPT THESE TERMS VOLUNTARILY.

1. SCOPE OF SERVICES / NO MEDICAL CARE

DexaFit Boston, LLC (“DexaFit Boston”) provides non-medical fitness and wellness testing and data collection services only, including but not limited to DXA body composition scans, VO₂ max testing, RMR testing, 3D body scans, red light therapy, and related informational services (collectively, the “Services”).

DexaFit Boston does not practice medicine, does not diagnose, treat, prescribe, or provide medical advice. Nothing provided by DexaFit Boston is intended to replace evaluation or treatment by a licensed healthcare provider.

All results, reports, and information are provided for informational and educational purposes only.

2. DXA SCANS & LOW-DOSE X-RAY ACKNOWLEDGMENT

I consent to the use of the DXA scanner and acknowledge that DXA technology utilizes low-dose x-rays. I affirm that I am not pregnant and am eligible to undergo DXA scanning.

3. RESULTS ARE ESTIMATES — NO GUARANTEE OF ACCURACY

(CRITICAL DISCLOSURE)

I expressly acknowledge, understand, and agree that all results provided by DexaFit Boston are estimates only and are not exact measurements.

I understand that DXA, VO₂ max, RMR, and related results may be inaccurate, incomplete, inconsistent, or misleading, and may vary significantly between tests due to numerous factors, including but not limited to:

  • hydration status and recent food or fluid intake

  • time of day and recent physical activity

  • body positioning during testing

  • technician technique and region-of-interest placement

  • software algorithms and assumptions

  • equipment calibration or maintenance differences

  • environmental conditions

  • biological variability and normal physiological fluctuation

  • undiagnosed or pre-existing medical conditions

I acknowledge that no testing method is error-free, that results may differ from other testing methods, and that changes between scans do not necessarily reflect real physiological change.

4. ACKNOWLEDGMENT OF RISK FROM MISUSE OR MISINTERPRETATION OF DATA

I understand and expressly agree that misinterpretation, misuse, over-reliance, or improper application of test results may result in serious harm, including injury, illness, worsening of health conditions, or death.

I acknowledge that any decisions I make regarding exercise, nutrition, weight loss, training intensity, lifestyle modification, or medical care based on DexaFit Boston results are made solely at my own risk.

DexaFit Boston makes no recommendations regarding exercise intensity, nutrition plans, medications, supplementation, or treatment decisions.

5. VO₂ MAX, RMR & PHYSICAL EXERTION TESTING

I understand that VO₂ max, RMR, and other exercise-based testing involve strenuous physical exertion and that NO PHYSICIAN IS PRESENT ON-SITE.

Testing may require exercising to or near my physical limits on a treadmill or stationary bike.

6. SPECIFIC RISKS — INCLUDING SERIOUS INJURY OR DEATH

I acknowledge that participation in the Services involves known and unknown risks, including but not limited to:

  • slips, trips, falls, or ejection from treadmill or bike

  • equipment malfunction or misuse

  • muscle strains, ligament or tendon injuries, fractures, impact injuries

  • dizziness, fainting, dehydration, nausea, vomiting, heat illness

  • abnormal blood pressure responses or heart rhythm disturbances

  • heart attack, stroke, cardiac arrest, or sudden death

  • aggravation of pre-existing or undiagnosed medical conditions

I understand that cardiovascular events can occur without warning, even in individuals who appear healthy.

7. NO MEDICAL SCREENING / CLIENT RESPONSIBILITY

I understand that DexaFit Boston does not conduct medical screening, cardiovascular risk stratification, or stress-test clearance.

I accept sole responsibility for obtaining medical clearance prior to participation and for determining my own fitness and suitability for testing.

I agree to immediately stop testing and notify staff if I experience chest pain, shortness of breath, dizziness, discomfort, or unusual symptoms.

8. VOLUNTARY PARTICIPATION & ASSUMPTION OF RISK

I voluntarily and knowingly assume all risks, whether foreseeable or unforeseeable, arising from my participation in the Services, including risks arising from:

  • physical exertion

  • use or misuse of equipment

  • reliance on test data

  • ordinary negligence of DexaFit Boston or its personnel

9. RELEASE OF LIABILITY & COVENANT NOT TO SUE

To the fullest extent permitted by Massachusetts law, I hereby waive, release, discharge, and forever covenant not to sue DexaFit Boston, LLC, and its owners, officers, employees, contractors, agents, and affiliates (collectively, the “Released Parties”) from any and all claims, demands, damages, losses, or expenses arising out of or related to:

  • my participation in the Services

  • injury, illness, disability, property damage, or death

  • ordinary negligence of the Released Parties

10. EMERGENCY RESPONSE ACKNOWLEDGMENT

I acknowledge that DexaFit Boston is not a medical facility, that emergency response times may vary, and that outcomes cannot be guaranteed.

I authorize staff to contact emergency services if deemed necessary and accept all risks associated with delayed or unsuccessful emergency response.

11. DATA PRIVACY & THIRD-PARTY SYSTEMS

I understand that results may be transmitted electronically and that DexaFit Boston is not responsible for unauthorized access, misuse, or disclosure resulting from factors beyond its reasonable control, including third-party systems or client devices.

12. FINANCIAL RESPONSIBILITY

I assume full financial responsibility for all Services. All payments are non-refundable.

I agree not to initiate chargebacks or payment disputes except in the case of demonstrable billing error or unauthorized transaction.

13. CHANGES TO TERMS

DexaFit Boston may modify these Terms & Conditions prospectively only.
The version in effect at the time of booking governs that transaction.

14. ENTIRE AGREEMENT

This document constitutes the entire agreement between me and DexaFit Boston and supersedes all prior oral or written representations.

15. GOVERNING LAW & SEVERABILITY

This Agreement is governed by the laws of the Commonwealth of Massachusetts. If any provision is held invalid, the remainder shall remain enforceable.

16. ACKNOWLEDGMENT

I HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO THIS AGREEMENT.
I CERTIFY THAT I AM AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT TO CONSENT.