TERMS AND CONDITIONS

INTRODUCTION

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.

GENERAL LIABILITY DISCLAIMER

1. ASSUMPTION OF RISK AND RELEASE OF LIABILITY

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.

2. ACKNOWLEDGMENT OF NON-MEDICAL SERVICES

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.

3. HEALTH AND FITNESS REPRESENTATIONS

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.

4. INDEMNIFICATION

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.

5. SEVERABILITY

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.

6. GOVERNING LAW

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.

7. ACKNOWLEDGMENT

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.

ARBITRATION AGREEMENT

1. AGREEMENT TO ARBITRATE

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.

2. ARBITRATION PROCEDURES

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.

3. ARBITRATOR'S AUTHORITY

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.

4. CLASS ACTION WAIVER

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.

5. SEVERABILITY OF ARBITRATION PROVISION

If any portion of this arbitration provision is found to be unenforceable, the remainder shall remain in effect.

6. RIGHT TO OPT OUT

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.

SERVICE-SPECIFIC WAIVERS

CANCELLATION AND REFUND POLICY

1. STANDARD APPOINTMENTS

For all standard service appointments (including DEXA scans, VO2 max testing, RMR testing, and other single-session services):

• 24-Hour Notice Required: Cancellations must be made at least 24 hours prior to your scheduled appointment time.
• Late Cancellations: Cancellations made less than 24 hours before your appointment may be charged a cancellation fee of 50% of the service price at Dexafit Colorado's discretion. We understand that circumstances arise, and we strive to be flexible, particularly for first-time occurrences. Repeat late cancellations, however, will likely incur the cancellation fee.
• No-Shows: Failure to appear for a scheduled appointment without any notification may result in a charge of 100% of the service price at Dexafit Colorado's discretion. Dexafit Colorado reserves the right to enforce this policy particularly for repeat offenders.
• Rescheduling: Rescheduling an appointment with at least 24 hours' notice will not incur any fees.

2. SAUNA AND COLD PLUNGE SESSIONS

For sauna and cold plunge therapy sessions:

• 12-Hour Notice Required: Cancellations must be made at least 12 hours prior to your scheduled session.
• Late Cancellations: Cancellations made less than 12 hours before your session may be charged a cancellation fee of 50% of the session price at Dexafit Colorado's discretion. We understand that circumstances arise, and we strive to be flexible, particularly for first-time occurrences. Repeat late cancellations, however, will likely incur the cancellation fee.
• No-Shows: Failure to appear for a scheduled session without any notification may result in a charge of 100% of the session price at Dexafit Colorado's discretion. Dexafit Colorado reserves the right to enforce this policy particularly for repeat offenders.
• Session Packages: For prepaid multi-session packages, a no-show or late cancellation may result in the deduction of one session from your package at Dexafit Colorado's discretion.

3. RED LIGHT THERAPY SESSIONS

For red light therapy sessions:

• 12-Hour Notice Required: Cancellations must be made at least 12 hours prior to your scheduled session.
• Late Cancellations: Cancellations made less than 12 hours before your session may be charged a cancellation fee of 50% of the session price at Dexafit Colorado's discretion. We understand that circumstances arise, and we strive to be flexible, particularly for first-time occurrences. Repeat late cancellations, however, will likely incur the cancellation fee.
• No-Shows: Failure to appear for a scheduled session without any notification may result in a charge of 100% of the session price at Dexafit Colorado's discretion. Dexafit Colorado reserves the right to enforce this policy particularly for repeat offenders.
• Session Packages: For prepaid multi-session packages, a no-show or late cancellation may result in the deduction of one session from your package at Dexafit Colorado's discretion.

4. EXTENUATING CIRCUMSTANCES

We understand that emergencies and unexpected situations occur. In cases of:

• Medical emergencies (with documentation)
• Severe weather conditions
• Other extraordinary circumstances

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.

5. SUBSCRIPTION CANCELLATION POLICY

For monthly subscription services:

• Notice Period: Cancellation requests must be submitted in writing at least 7 days before your next billing date.
• Billing Cycle: Your subscription will remain active until the end of the current billing period.
• No Prorated Refunds: We do not provide partial refunds for unused portions of the current billing period.
• Reactivation: If you wish to reactivate a cancelled subscription, standard current rates will apply.

For annual subscription services:

• Cancellation Period: Annual subscriptions may be cancelled within the first 30 days for a prorated refund minus any services used.
• After 30 Days: After the first 30 days, annual subscriptions are non-refundable but will remain active for the remainder of the term.
• Early Termination: Early termination of an annual subscription after the first 30 days may be considered in exceptional circumstances at management's discretion and may be subject to an early termination fee.
• Auto-Renewal: Annual subscriptions will automatically renew unless cancelled at least 14 days prior to the renewal date.

6. SUBSCRIPTION HOLDS

For temporary pauses in service:

• Maximum Hold Period: Subscriptions may be placed on hold for a maximum of 60 days per calendar year.
• Advance Notice: Hold requests must be submitted at least 7 days before the desired hold start date.
• Minimum Hold Duration: The minimum hold period is 7 days.
• Extensions: Hold extensions beyond the maximum period may be considered for medical reasons with appropriate documentation.

7. REFUND POLICY

• Quality Guarantee: If you are dissatisfied with the quality of our services, please notify us within 48 hours of your appointment.
• Resolution Options: Depending on the circumstances, we may offer:
  • A repeat of the service at no additional charge
  • A credit toward a future service
  • A partial or full refund at management's discretion
• Equipment Malfunction: If a service cannot be completed due to equipment malfunction or technical issues, we will reschedule your appointment at no additional charge or provide a full refund.
• Unused Services: Prepaid packages for multiple sessions are non-refundable but remain valid for the specified term from the date of purchase.
• Expiration: Unused prepaid services expire 12 months from the date of purchase unless otherwise specified.
• Transfer: Prepaid services are non-transferable to other individuals without prior written approval from Dexafit management.
• Gift Certificates: Gift certificates are non-refundable but may be transferred to another individual.
• Gift Certificates Expiration: Gift certificates expire 12 months from the date of purchase unless otherwise specified.

8. PAYMENT DISPUTES

• If you believe you have been charged incorrectly, please contact us within 30 days of the charge.
• We will investigate all payment disputes promptly and work to resolve them fairly.
• Disputes not raised within 30 days of the charge may not be eligible for refunds or adjustments.
• Before initiating a chargeback with your financial institution, please contact us directly to resolve any billing issues.
• Customers who initiate chargebacks without first attempting to resolve the issue directly with Dexafit may be prohibited from booking future appointments.

9. MODIFICATIONS TO POLICY

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.

SUBSCRIPTION MODEL TERMS

1. SUBSCRIPTION TYPES AND SERVICES

Dexafit offers the following subscription plans:

Basic Wellness Plan:

• Monthly access to sauna sessions (limit of 8 sessions per month)
• Monthly access to cold plunge sessions (limit of 8 sessions per month)
• 10% discount on all other Dexafit services

Premium Wellness Plan:

• Unlimited monthly access to sauna sessions
• Unlimited monthly access to cold plunge sessions
• Monthly access to red light therapy sessions (limit of 4 sessions per month)
• 15% discount on all other Dexafit services

Comprehensive Assessment Plan:

• Quarterly DEXA scan (4 per year)
• Bi-annual VO2 max test (2 per year)
• Bi-annual RMR test (2 per year)
• Monthly access to sauna sessions (limit of 6 sessions per month)
• Monthly access to cold plunge sessions (limit of 6 sessions per month)
• 20% discount on all additional services

Custom Subscription Plans:

• Dexafit may offer customized subscription plans based on individual needs
• Terms for custom plans will be specified in a separate written agreement

Subscriptions are available in the following term options:

Monthly Subscription:

• Auto-renews on a month-to-month basis
• Subject to current rates, which may change with notice

Annual Subscription:

• 12-month commitment
• Discounted rate compared to monthly subscription
• Auto-renews annually unless cancelled according to cancellation policy

2. MEMBERSHIP TERMS

To be eligible for a Dexafit subscription, you must:

• Be at least 18 years of age
• Complete all required health screening forms
• Provide valid payment information
• Agree to all terms and conditions, including service-specific waivers

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.

3. BILLING AND PAYMENT TERMS

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.

4. SUBSCRIPTION MODIFICATIONS

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.

5. RENEWAL AND CANCELLATION

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:

• You violate any terms of this Agreement
• You misuse or damage Dexafit facilities or equipment
• You engage in inappropriate behavior toward staff or other members
• Your account remains unpaid for more than 14 days
• You provide false or misleading information

Upon cancellation of your subscription:

• For monthly subscriptions, you will have access to services until the end of the current billing period
• For annual subscriptions cancelled within the first 30 days, a prorated refund will be issued
• For annual subscriptions cancelled after 30 days, no refund will be issued, but services remain available until the end of the term
• Any outstanding balances must be paid in full

PRIVACY POLICY

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:

• Provide and manage the services you request
• Communicate with you about your appointments and services
• Process payments and maintain your account
• Improve our services and develop new offerings
• Comply with legal obligations

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.

MISCELLANEOUS PROVISIONS

1. CHANGES TO TERMS

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.

2. INTELLECTUAL PROPERTY

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.

3. FORCE MAJEURE

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.

4. ASSIGNMENT

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.

5. ENTIRE AGREEMENT

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.

6. CONTACT INFORMATION

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.

GLOSSARY OF TERMS

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.