DEXAFIT COLORADO, LLC
These Terms and Conditions ("Terms") govern your use of services provided by Dexafit Colorado, LLC ("Dexafit", "we", "us" or "our"), a Colorado limited liability company. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
Dexafit provides fitness, wellness, and body composition testing and services including but not limited to DEXA scans, VO2 max testing, RMR testing, sauna sessions, cold plunge therapy, and red light therapy. These services are provided for informational purposes only and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
Age Requirements: You must be at least 18 years of age to use Dexafit services independently. Minors between the ages of 14-17 may use certain services only with written parental/guardian consent and when accompanied by a parent or legal guardian. Some services may not be available to minors due to health and safety considerations. Dexafit reserves the right to refuse service to anyone under 18 for specific high-intensity services such as VO2 max testing.
By using the services provided by Dexafit Colorado, LLC ("Dexafit"), you acknowledge and agree that you are voluntarily participating in fitness, wellness, and body composition testing and services that may involve inherent risks. You understand that Dexafit provides informational services only and does not provide medical diagnosis, treatment, or advice.
YOU EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY, ILLNESS, DAMAGE, OR LOSS that may result from your use of Dexafit's facilities, equipment, or services. You hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Dexafit Colorado, LLC, its owners, directors, officers, employees, agents, representatives, volunteers, successors, and assigns (collectively, the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you while participating in or using any of Dexafit's services or facilities.
This release and waiver of liability applies to any negligence on the part of the Released Parties. However, this release does not apply to willful and wanton conduct, gross negligence, or intentional misconduct by the Released Parties, as such waivers are unenforceable under Colorado law.
You expressly acknowledge and agree that:
a) Dexafit's services, including but not limited to DEXA scans, VO2 max testing, RMR testing, sauna sessions, cold plunges, and red light therapy, are provided for informational purposes only and are NOT intended to diagnose, treat, cure, or prevent any disease, medical condition, or health problem.
b) Dexafit's services are NOT a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or before beginning any new health or fitness program.
c) Dexafit staff are NOT medical professionals and do not provide medical advice, diagnosis, or treatment. Any information provided by Dexafit staff should not be construed as medical advice.
d) You should consult with your healthcare provider before participating in any of Dexafit's services, particularly if you have any pre-existing medical conditions or concerns about your health.
By using Dexafit's services, you represent and warrant that:
a) You have consulted with your physician or other qualified healthcare provider regarding your participation in Dexafit's services, or you have voluntarily elected to proceed without such consultation, accepting all risks associated with this decision.
b) You have no known medical conditions that would prevent you from safely participating in Dexafit's services, or you have disclosed all relevant medical conditions to Dexafit staff and have been cleared to participate.
c) You will immediately inform Dexafit staff of any pain, discomfort, fatigue, or other symptoms you may experience during or after participating in Dexafit's services.
d) You will not participate in any Dexafit services while under the influence of drugs, alcohol, or medications that might impair your ability to safely participate.
You agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney's fees, arising out of or related to your participation in Dexafit's services, except to the extent caused by the willful and wanton conduct, gross negligence, or intentional misconduct of the Released Parties.
If any provision of this liability disclaimer is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this disclaimer shall otherwise remain in full force and effect and enforceable.
This liability disclaimer and all matters arising out of or relating to your participation in Dexafit's services shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule.
BY USING DEXAFIT'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS LIABILITY DISCLAIMER, FULLY UNDERSTAND ITS CONTENTS, AND VOLUNTARILY AGREE TO ITS TERMS. YOU FURTHER ACKNOWLEDGE THAT YOU ARE WAIVING CERTAIN LEGAL RIGHTS BY AGREEING TO THESE TERMS.
Any dispute, claim or controversy arising out of or relating to this agreement or the services provided by Dexafit Colorado, LLC, including but not limited to claims related to VO2 max testing, RMR testing, DEXA scans, sauna plunges, red light therapy, or any other services, shall be resolved exclusively by binding arbitration in Denver, Colorado, in accordance with the Colorado Uniform Arbitration Act and the rules of the American Arbitration Association.
The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties or, if the parties cannot agree, selected in accordance with AAA rules. The arbitrator shall have experience in health and wellness service disputes. Each party shall bear its own costs and expenses, including attorney's fees, and an equal share of the arbitrator's and administrative fees of arbitration.
The arbitrator shall have the power to award any remedies available under applicable law, and the arbitrator's decision shall be final and binding on all parties. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction.
By agreeing to this arbitration provision, you are waiving your right to a jury trial and to participate in class actions or representative proceedings. This arbitration provision shall survive termination of this agreement.
If any portion of this arbitration provision is found to be unenforceable, the remainder shall remain in effect.
You may opt out of this arbitration agreement by notifying Dexafit in writing within 30 days of your first use of Dexafit's services. Your opt-out notice must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration. Notice must be sent to: Dexafit Colorado, LLC, 1143 Auraria Parkway, Suite 204, Denver, CO 80202.
I understand that VO2 max testing involves physical exertion that may include running or cycling to maximum effort, which carries inherent risks including but not limited to:
I acknowledge that Dexafit staff have explained these risks to me, and I voluntarily choose to participate in VO2 max testing with full knowledge of these risks.
I confirm that I do NOT have any of the following conditions that would contraindicate VO2 max testing:
If I have any of the above conditions, I agree to disclose them to Dexafit staff prior to testing and understand that I may be required to provide medical clearance from my healthcare provider before proceeding with the test.
I understand that during the VO2 max test:
I agree to:
I understand that RMR testing involves minimal risks but may include:
I acknowledge that Dexafit staff have explained these considerations to me, and I voluntarily choose to participate in RMR testing.
I understand that during the RMR test:
I agree to:
Definition of Excessive Movement: For the purposes of RMR testing, "excessive movement" is defined as any voluntary physical activity beyond gentle breathing, including but not limited to: shifting body position, fidgeting, talking, using electronic devices, or falling asleep. Minor involuntary movements such as swallowing or blinking are acceptable.
I understand that DEXA scanning involves exposure to a very low dose of ionizing radiation. While this radiation exposure is minimal (typically less than 1/10th the radiation of a standard chest X-ray), I acknowledge that:
I acknowledge that Dexafit staff have explained these risks to me, and I voluntarily choose to participate in DEXA scanning with full knowledge of these risks.
I confirm that I am NOT:
If any of these contraindications apply to me, I agree to disclose this information to Dexafit staff prior to the scan and understand that I may not be eligible for DEXA scanning.
I understand that during the DEXA scan:
I agree to:
Recommended Scan Frequency: To minimize cumulative radiation exposure, DEXA scans should not be performed more frequently than once every 3 months (quarterly) unless specifically advised otherwise by a healthcare provider. Clients tracking significant body composition changes may schedule scans quarterly, while general wellness clients are advised to limit scans to 1-2 times per year.
I understand that:
I understand that sauna use and cold plunge therapy involve inherent risks including but not limited to:
Sauna Risks:
Cold Plunge Risks:
I acknowledge that Dexafit staff have explained these risks to me, and I voluntarily choose to participate in sauna and/or cold plunge therapy with full knowledge of these risks.
I confirm that I do NOT have any of the following conditions that would contraindicate sauna or cold plunge use:
If I have any of the above conditions, I agree to disclose them to Dexafit staff prior to using the sauna or cold plunge and understand that I may be required to provide medical clearance from my healthcare provider.
I understand that when using the sauna and cold plunge:
Recommended Cold Plunge Durations:
These durations are guidelines only. All users should exit the cold plunge immediately if experiencing extreme discomfort, numbness, or any concerning symptoms.
I agree to:
I understand that red light therapy involves exposure to specific wavelengths of red and near-infrared light, which carries minimal risks but may include:
I acknowledge that Dexafit staff have explained these risks to me, and I voluntarily choose to participate in red light therapy with full knowledge of these risks.
I confirm that I do NOT have any of the following conditions that would contraindicate red light therapy:
If I have any of the above conditions, I agree to disclose them to Dexafit staff prior to treatment and understand that I may be required to provide medical clearance from my healthcare provider.
Medication-Related Photosensitivity: I understand that I should consult with my healthcare provider or pharmacist about potential photosensitivity reactions related to any medications I am taking before undergoing red light therapy. Common medications that may cause photosensitivity include but are not limited to: tetracycline antibiotics, certain antipsychotics, sulfonamides, retinoids, and some non-steroidal anti-inflammatory drugs.
I understand that during red light therapy:
I agree to:
I HAVE READ AND FULLY UNDERSTAND THE ABOVE SERVICE-SPECIFIC WAIVERS. I ACKNOWLEDGE THAT I AM PARTICIPATING IN THESE SERVICES VOLUNTARILY AND AT MY OWN RISK. I HEREBY RELEASE DEXAFIT COLORADO, LLC, ITS OWNERS, EMPLOYEES, AND AGENTS FROM ANY LIABILITY RELATED TO MY PARTICIPATION IN THESE SERVICES, EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
I UNDERSTAND THAT THESE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. I ACKNOWLEDGE THAT I SHOULD CONSULT WITH MY HEALTHCARE PROVIDER REGARDING ANY HEALTH CONCERNS OR BEFORE BEGINNING ANY NEW HEALTH OR FITNESS PROGRAM.
For all standard service appointments (including DEXA scans, VO₂ max testing, RMR testing, and other single-session services):
For sauna and cold plunge therapy sessions:
For red light therapy sessions:
We understand that emergencies and unexpected situations occur. In cases of:
DexaFit management may, at its sole discretion, waive cancellation fees. Please contact us as soon as possible if such circumstances arise.
Documentation Submission: To request a waiver of cancellation fees due to extenuating circumstances, please submit any supporting documentation (such as doctor's notes, emergency service reports, etc.) via email to info@dexafitdenver.com or through our online client portal within 7 days of the missed appointment. All submissions will be reviewed by management, and decisions will be communicated within 3 business days.
For monthly subscription services:
For temporary pauses in service:
Dexafit Colorado, LLC reserves the right to modify this Cancellation and Refund Policy at any time. Changes will be effective immediately upon posting to our website or premises. It is your responsibility to review this policy periodically for changes.
Dexafit offers the following subscription plans:
Basic Wellness Plan:
Premium Wellness Plan:
Comprehensive Assessment Plan:
Custom Subscription Plans:
Subscriptions are available in the following term options:
Monthly Subscription:
Annual Subscription:
To be eligible for a Dexafit subscription, you must:
Subscriptions are personal to the Member and cannot be shared, transferred, or assigned to any other individual. Allowing others to use your subscription may result in immediate termination without refund.
Members may be issued a membership card or digital identification. Members must present their membership identification when checking in for services. Lost or stolen cards should be reported immediately. Replacement cards may incur a fee of $15.
By enrolling in a subscription, you authorize Dexafit to charge your payment method on a recurring basis. Monthly subscriptions will be billed on the same day each month. Annual subscriptions will be billed on the anniversary of your enrollment date.
Acceptable payment methods include major credit cards, debit cards, and ACH transfers. It is your responsibility to keep your payment information current. If your payment method is declined, we will attempt to process the payment again within 3 days.
If your payment method is declined, your subscription may be suspended until payment is received. A late fee of $25 may be applied to accounts with failed payments. After 14 days of non-payment, your subscription may be terminated.
Dexafit reserves the right to modify subscription prices. For monthly subscriptions, price changes will be communicated at least 30 days in advance. For annual subscriptions, price changes will only affect your subscription upon renewal.
All applicable taxes will be added to your subscription fee. Additional fees may apply for certain services or special accommodations.
You may upgrade your subscription plan at any time. When upgrading from a monthly to an annual plan, you will receive credit for any unused portion of your current billing cycle. When upgrading between tiers, the new rate will be prorated for the remainder of the current billing cycle.
Monthly subscriptions may be downgraded with 7 days' notice before your next billing date. Annual subscriptions may only be downgraded at the end of the current term. Downgrade requests must be submitted in writing.
You may place your subscription on hold for a maximum of 60 days per calendar year. Hold requests must be submitted at least 7 days in advance. The minimum hold period is 7 consecutive days. Your subscription term will be extended by the duration of the hold. Medical holds exceeding 60 days may be granted with appropriate documentation.
All subscriptions automatically renew unless cancelled according to the cancellation policy. Monthly subscriptions renew on a month-to-month basis. Annual subscriptions renew for additional 12-month terms.
Monthly subscriptions may be cancelled with written notice at least 7 days before the next billing date. Annual subscriptions may be cancelled within the first 30 days for a prorated refund minus services used. After 30 days, annual subscriptions are non-refundable but will remain active until the end of the term. Cancellation requests must be submitted in writing via email to info@dexafitdenver.com or through our online portal.
Dexafit reserves the right to cancel or suspend your subscription immediately if:
Upon cancellation of your subscription:
Dexafit Colorado, LLC is committed to protecting your privacy. Our Privacy Policy explains how we collect, use, and safeguard your information when you use our services. By using our services, you consent to the data practices described in our Privacy Policy.
We collect personal information, including contact information, health information, and payment information, to provide and improve our services. We use this information to:
We do not sell, rent, or lease your personal information to third parties. We may share your information with service providers who help us operate our business, but only as necessary to provide our services to you.
You have the right to access, correct, or delete your personal information. To exercise these rights or for questions about our Privacy Policy, please contact us at info@dexafitdenver.com.
Dexafit reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website or premises. Your continued use of our services after any changes indicates your acceptance of the modified Terms.
All content, logos, trademarks, and other intellectual property displayed on Dexafit's website, materials, or premises are the property of Dexafit or its licensors and are protected by copyright, trademark, and other intellectual property laws.
Dexafit shall not be liable for any failure to perform its obligations if such failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, government restrictions, or power failures.
You may not assign or transfer these Terms or any rights or obligations hereunder without Dexafit's prior written consent. Dexafit may assign these Terms without restriction.
These Terms constitute the entire agreement between you and Dexafit regarding your use of our services and supersede all prior agreements and understandings, whether written or oral.
If you have any questions about these Terms, please contact us at:
Dexafit Colorado, LLC
1143 Auraria Parkway, Suite 204
Denver, CO 80202
Phone: (720) 507-4440
Email: info@dexafitdenver.com
BY USING DEXAFIT'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
DEXA Scan:
Dual-Energy X-ray Absorptiometry, a technology that uses a very low dose of ionizing radiation to precisely measure body composition, including fat mass, lean mass, and bone mineral density.
VO2 Max:
The maximum rate of oxygen consumption measured during incremental exercise; considered the gold standard for measuring cardiorespiratory fitness and aerobic endurance.
RMR:
Resting Metabolic Rate, the total number of calories your body burns at rest to maintain vital functions such as breathing, circulation, and cell production.
Cold Plunge Therapy:
Immersion in cold water (typically between 38-55°F) for short periods to potentially reduce inflammation, improve recovery, and provide other physiological benefits.
Sauna Therapy:
Exposure to high temperatures (typically 150-195°F) in an enclosed room to induce sweating and potentially provide benefits such as relaxation, improved circulation, and detoxification.
Red Light Therapy:
Also known as photobiomodulation or low-level light therapy, uses specific wavelengths of red and near-infrared light to potentially stimulate cellular function and provide various skin and tissue benefits.
Photosensitivity:
An abnormally heightened reaction of the skin when exposed to light, which can be triggered by certain medications or medical conditions.
Ionizing Radiation:
A type of energy released by atoms in the form of electromagnetic waves that has enough energy to remove tightly bound electrons from atoms, potentially causing damage to DNA and cells.
Body Composition:
The proportion of fat and non-fat mass (muscle, bone, water) in your body, typically expressed as a percentage of body fat.
Arbitration:
A form of alternative dispute resolution where a neutral third party (arbitrator) makes a binding decision outside of court.
