Terms & Conditions
(Service Agreement, Informed Consent, Assumption of Risk & Release of Liability)
DexaFit Nashua, LLC
Last Modified: September 4, 2026
IMPORTANT LEGAL NOTICE — READ CAREFULLY.
THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY, AN ASSUMPTION OF RISK, AND A WAIVER OF CERTAIN LEGAL RIGHTS. SECTION 24 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS, WITH A 30-DAY RIGHT TO OPT OUT. BY AGREEING, YOU ACCEPT THESE TERMS VOLUNTARILY. DO NOT AGREE UNTIL YOU HAVE READ AND UNDERSTOOD THIS ENTIRE DOCUMENT.
Welcome to DexaFit Nashua. These Terms & Conditions (the “Terms,” “Agreement,” or “Terms & Conditions”) govern your purchase and use of the in-person wellness assessment services and related services provided by DexaFit Nashua, LLC (“DexaFit Nashua,” “the Company,” “we,” “us,” or “our”). DexaFit Nashua is an independently owned and operated business that licenses the DexaFit® trademark and software platform from DexaFit, Inc. and its subsidiaries and affiliates (collectively, “DexaFit Corporate”). DexaFit Corporate is the brand and platform licensor and is not the operator of our location. “Services” has the meaning in Section 2. “I,” “you,” or “your” means the client agreeing to this Agreement.
These Terms apply in addition to our Privacy Policy, available at nashua.dexafit.com/privacy, which is incorporated by reference. Your use of the DexaFit software platform, mobile applications, and digital reports operated by DexaFit Corporate is separately governed by DexaFit Corporate’s own Terms of Service and Privacy Policy, available at dexafit.com and dexafit.com/privacy.
Booking and payment for all Services are handled through our online scheduling platform. By checking the acceptance box during booking, you agree to these Terms.
1. Acceptance and Eligibility
To purchase or use the Services, you must be able to form a binding contract and must meet the minimum age requirement for the specific Service you are booking:
DexaFit Body Composition Scan and DexaStrong Bone Density Scan (DXA-based scans): you must be at least 20 years old.
RMR (Resting Metabolic Rate) Test: you must be at least 20 years old.
Arterial Assessment: you must be at least 20 years old.
VO₂ Max Test: you must be at least 18 years old.
All Services are for adults only. We do not provide any Service to anyone under 18, and the VO₂ Max Test is the only Service available to a client under 20. We may require proof of age, and we may refuse or cancel any Service where the applicable age requirement is not met
By booking, paying for, or receiving the Services, or by checking the acceptance box at booking, you agree to these Terms and represent that you meet the applicable eligibility requirements. If you do not agree, do not purchase or use the Services. We may require you to accept additional or supplemental terms for particular Services.
2. Scope of Services / No Medical Care
DexaFit Nashua provides non-medical fitness and wellness testing and data-collection services only, including but not limited to DXA body composition scans, DexaStrong bone density scans, VO₂ max testing, Resting Metabolic Rate (RMR) testing, arterial assessment (pulse wave analysis), and related informational services (collectively, the “Services”).
DexaFit Nashua collects and transmits data only. We do not practice medicine and do not diagnose, treat, cure, mitigate, prevent, prescribe for, or provide medical advice regarding any disease or condition. Any interpretation of your results must be performed by a licensed healthcare professional of your choice. Nothing provided by DexaFit Nashua is intended to replace evaluation or treatment by a licensed healthcare provider. All results, reports, scores, and information are provided for informational and educational purposes only.
Where any assessment requires a physician’s authorization (for example, a low-dose imaging assessment), that authorization is provided by a licensed physician on an administrative basis only. This does not constitute the practice of medicine, on-site medical care, medical screening, diagnosis, or treatment, and does not create a physician-patient or treatment relationship, nor does it render any information a medical record.
DexaFit Nashua may refuse, pause, reschedule, or terminate any Service at any time, at the sole discretion of staff, for safety, operational, eligibility, or other lawful reasons, without refund obligation unless the termination is initiated by DexaFit Nashua without cause.
3. General Wellness Disclaimer
The Services are general wellness offerings intended to support your overall health and wellness. They are not designed or intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition, and are intended to be consistent with applicable FDA guidance for general wellness/low-risk products. Information from the Services should not be relied upon for medical decision-making. Always consult a licensed healthcare provider regarding your health or before making any decision based on the Services. If you are experiencing a medical emergency, dial 911 immediately.
4. Relationship with DexaFit Corporate; Independent Operator
DexaFit Nashua is an independently owned and operated business — a “Licensed Operator” of the DexaFit brand and platform. DexaFit Corporate’s role is limited to (i) licensing the DexaFit trademark, brand, software, and analytics, and (ii) providing the software platform that processes data and presents results and reports. You purchase the in-person Services from DexaFit Nashua, not from DexaFit Corporate. Pricing, promotions, discount codes, packages, and gift certificates offered by DexaFit Nashua are set by DexaFit Nashua and are not valid at other DexaFit locations; likewise, offers from other DexaFit locations are not valid here. Any claim or dispute relating to the Services, equipment, or conduct at our location must be addressed directly with DexaFit Nashua.
5. Source of Metrics
The physiological data underlying your results (such as body composition, bone density, VO₂ max, RMR, and arterial stiffness) are generated by third-party diagnostic devices and their software, including the GE HealthCare Lunar DXA system, the Korr CardioCoach Pro metabolic testing system, and the ConneqtHealth SphygmoCor arterial assessment system. These devices, their algorithms, and the reference databases against which your results are compared are designed, manufactured, selected, and supported by their respective manufacturers. DexaFit Nashua does not control and is not responsible for their design, their reference populations, or their inherent accuracy. The accuracy and reliability of any measurement also depend on the quality control, configuration, calibration, and settings of the equipment at our location, which we maintain in accordance with manufacturer guidance and applicable law.
6. DXA Scans — Low-Dose X-Ray, Weight Limit & Scan Area
I consent to the use of the DXA scanner and acknowledge that DXA technology uses low-dose x-rays. I understand that DXA scanning exposes me to a small amount of x-ray radiation, and that I may discuss this exposure and any associated risks with my physician or a qualified healthcare provider before testing.
Pregnancy. I affirm that I am not pregnant. If there is any possibility that I may be pregnant, I will inform staff before scanning and will not proceed.
Table weight limit. The DXA scan table has a hard weight limit of 350 pounds set by the manufacturer. We cannot perform a DXA scan on any client who exceeds this limit under any circumstances, and a scheduled scan will be canceled if the limit is exceeded.
Scan area. The DXA scan table has a fixed scan area. If a client’s body extends beyond that area, the scanner software estimates the body composition of the portion outside the scanned region rather than measuring it directly. I understand that results produced this way carry a greater margin of uncertainty than a fully scanned result, and that a visceral adipose tissue (VAT) result may not be obtainable at all where the torso extends beyond the scan area. I accept that some metrics may therefore be estimated or unavailable in my report.
Disclosure. I will disclose any implant, prosthesis, recent gastrointestinal contrast study, barium, radionuclide administration, or other condition that may make scanning inadvisable or may affect the accuracy of my results.
7. Results Are Estimates — No Guarantee of Accuracy
I expressly acknowledge, understand, and agree that all results provided by DexaFit Nashua and DexaFit Corporate are estimates only and are not exact measurements.
I understand that DXA, VO₂ max, RMR, arterial, 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, reference databases, and assumptions; equipment calibration or maintenance differences; environmental conditions; biological variability and normal physiological fluctuation; and undiagnosed or pre-existing medical conditions.
Body Composition Results Specifically
While DXA is a highly accurate method for estimating body fat, lean mass, and bone density, results are not absolute and should be interpreted as estimates. Regional body composition values (arms, legs, trunk, and other regions) may vary between scans due to:
slight changes in body positioning during the scan;
variations in Region of Interest (ROI) placement by the technician or by the software;
hydration status, recent food intake, and other biological factors; and
differences in machine calibration or environmental conditions.
I understand that variations of this kind are considered normal and expected in such scans. I agree that DexaFit Nashua is not responsible for any consequences resulting from such variations, and I waive any claim to a refund based on these results.
I acknowledge that no testing method is error-free, that results may differ from those produced by other testing methods or by other facilities, and that changes between scans do not necessarily reflect real physiological change. I understand that results reflect a snapshot in time, that DexaFit Nashua bears no responsibility for decisions made based on results after the date of testing, and that results may become inaccurate due to physiological changes over time.
8. 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 Nashua results are made solely at my own risk. DexaFit Nashua makes no recommendations regarding exercise intensity, nutrition plans, medications, supplementation, or treatment decisions. Where results such as RMR are used to inform nutritional or caloric targets, I understand that the attainment of any nutritional objective depends on my own dedication, choices, and adherence, and that DexaFit Nashua bears no liability for the outcomes or consequences of any nutritional or training decision I make.
I further understand that my results may be unexpected or unwelcome, that learning information about my body composition, bone density, metabolism, or arterial health may provoke a strong response, and that I assume responsibility for my own reaction to my results.
9. VO₂ Max & Physical Exertion Testing
I understand that VO₂ max testing involves strenuous physical exertion, the use of moving exercise equipment such as treadmills and stationary bikes, and that A PHYSICIAN WILL NOT BE PRESENT ON-SITE. Testing may require exercising to or near my physical limits while wearing testing equipment such as a mask, mouthpiece, nose clip, hoses, or sensors.
During a VO₂ max test I will perform a graded exercise test on a motor-driven treadmill or stationary bike. The exercise intensity begins at a low level and advances in stages. The test may be stopped at any time by staff due to signs of fatigue, changes in heart rate or blood pressure, or any symptoms I may experience, and I may stop the test at any time due to fatigue or discomfort.
I understand and accept that exercising on a moving treadmill or stationary bike — including mounting and dismounting, starting and stopping, changes in speed, resistance, or incline, exerting myself to fatigue or exhaustion, and wearing testing equipment that may limit my breathing, vision, or movement — creates a risk of loss of balance or coordination, slipping, tripping, stumbling, falling onto or off of the equipment or the floor, and being thrown, propelled, or ejected from the equipment. I agree to follow all staff instructions, to wear appropriate athletic footwear and clothing, to use the equipment only as directed, to ask questions if I do not understand any instruction, and to stop immediately and notify staff if I feel unwell, lightheaded, unsteady, or unable to continue. I confirm I have had the opportunity to inspect the equipment and premises and to ask questions before proceeding, and I choose to proceed voluntarily.
Inquiries. Any questions about the procedures used in the exercise test or about the results of the test are encouraged. I may ask questions on site or by email at nashua@dexafit.com before my test.
10. RMR & Arterial Assessment
RMR (Resting Metabolic Rate) Test. The RMR test is not a strenuous test and does not involve physical exertion. I will rest quietly in a seated or reclined position while breathing normally through a mask or mouthpiece connected to a metabolic analyzer. I understand that some clients find a mask, mouthpiece, or nose clip confining, and that I may ask staff to pause or stop the test at any time. I understand that accurate RMR results depend on my following the pre-test instructions provided to me — including fasting, avoiding caffeine and other stimulants, and limiting physical activity beforehand — and that failure to follow those instructions may produce results that do not reflect my true resting metabolic rate.
Arterial Assessment. The Arterial Assessment is a non-invasive test performed at rest. It involves a blood-pressure cuff placed on the arm and a sensor held lightly against the skin to record the pulse waveform, following a period of quiet rest. I understand that cuff inflation may cause brief pressure, tingling, or discomfort in the arm, and that in uncommon cases it may cause bruising or small skin marks, particularly if I bruise easily or take anticoagulant medication. I will inform staff of any condition affecting the arm to be used — including lymphedema, a dialysis fistula, or a recent injury or surgery — so that an alternative approach can be used or the test declined. I understand that accurate results depend on my following the pre-test instructions provided to me.
11. Specific Risks — Including Serious Injury or Death
I acknowledge that participation in the Services, and my presence at and use of DexaFit Nashua’s premises, involve known and unknown risks, including but not limited to:
loss of balance or coordination; slipping, tripping, stumbling, or falling onto or off of equipment, fixtures, or the floor;
being thrown, propelled, or ejected from a treadmill, bike, or other equipment;
entanglement with or obstruction by masks, mouthpieces, nose clips, straps, hoses, cables, cuffs, or sensors;
collision or contact with equipment, walls, fixtures, furniture, or other persons;
equipment malfunction, failure, misuse, or sudden movement;
muscle strains, sprains, ligament or tendon injuries, dislocations, fractures, lacerations, bruising, and impact, crush, or pinch injuries;
dizziness, lightheadedness, fainting, dehydration, nausea, vomiting, cramping, and heat or exertional 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; and
any other injury, illness, disability, property damage, death, or harm of any kind, whether or not specifically listed here, and whether occurring before, during, or after testing or while entering, occupying, moving about, or exiting our premises.
I understand that cardiovascular and other adverse events can occur without warning, even in individuals who appear healthy, and that the risks above may result from my own actions, the actions of others, the condition of the premises or equipment, or the ordinary negligence of DexaFit Nashua or its personnel.
12. No Medical Screening / Client Responsibility
I understand that DexaFit Nashua does not conduct medical screening, cardiovascular risk stratification, or stress-test clearance. I accept sole responsibility for obtaining medical clearance before 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. I represent that I have disclosed any known medical conditions, medications, implants, or other factors that may affect testing safety or result accuracy, and I assume full responsibility for any undisclosed conditions and for any harm arising from them.
13. Voluntary Participation & Assumption of Risk
I voluntarily and knowingly assume all risks, whether foreseeable or unforeseeable, known or unknown, arising from my participation in the Services and from my presence at and use of DexaFit Nashua’s premises — including entering, exiting, moving about, waiting areas, changing or restroom areas, and equipment areas, and whether before, during, or after testing. This includes risks arising from physical exertion; slips, trips, and falls; falling onto or off of, or being ejected from, equipment; the use, misuse, condition, or failure of equipment; the condition of the premises; the conduct of staff or other persons; reliance on test data; and the ordinary negligence of the Released Parties (as defined in Section 14). I confirm that my participation is entirely voluntary and that I am proceeding of my own free will with full knowledge of these risks.
I declare myself to be physically sound and to suffer from no condition, impairment, disease, infirmity, or other illness that disqualifies me from receiving the Services. I acknowledge that I have either obtained my physician’s approval to participate or have decided to participate without it, assuming full responsibility for that decision.
14. Release of Liability & Covenant Not to Sue
To the fullest extent permitted by New Hampshire law, I hereby waive, release, discharge, and covenant not to sue DexaFit Nashua, LLC, and its owners, officers, employees, contractors, and agents, and DexaFit Corporate and its owners, officers, employees, and agents (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; and the ordinary negligence of the Released Parties.
This release does not apply to, and I do not waive, claims arising from a Released Party’s gross negligence, willful misconduct, or fraud, or any liability that cannot be released or limited under applicable law.
If any portion of this release or assumption of risk is held to be overbroad, void, or unenforceable, it shall be enforced to the maximum extent permitted by law, and the remaining portions shall continue in full force and effect.
15. Emergency Response Acknowledgment
I acknowledge that DexaFit Nashua 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 the risks associated with delayed or unsuccessful emergency response.
16. Data Privacy & Consents
My personal information is collected and handled in accordance with the DexaFit Nashua Privacy Policy, available at nashua.dexafit.com/privacy, which is incorporated into this Agreement by reference. By using the Services, I confirm I have had the opportunity to review the Privacy Policy and agree to the data practices described in it. I further understand and consent that my assessment data is transmitted to the DexaFit Platform operated by DexaFit Corporate to generate my results and reports, and that DexaFit Corporate’s handling of that data is governed by the DexaFit Privacy Policy, available at dexafit.com/privacy, to which I also consent.
I understand that my results and personal data may be transmitted electronically — including to the DexaFit software platform operated by DexaFit Corporate to generate my reports and deliver my results — and that no electronic transmission or storage is completely secure. DexaFit Nashua is not responsible for unauthorized access or disclosure resulting from factors beyond its reasonable control, including third-party systems or my own devices.
Confidentiality. Information based on the observations made during my assessments, and the resulting reports, are treated as confidential and are not disclosed except as described in the Privacy Policy, as directed or authorized by me, or as required or permitted by law.
Research & De-Identified Data. I grant DexaFit Nashua permission to use my de-identified records for research purposes and to assess my eligibility for approved studies, and to contact me if I qualify as a research candidate. I understand and agree that I acquire no ownership, royalty, or compensation rights in any research, products, or technologies that may be developed using de-identified or aggregated data, and I waive any such claim, consistent with the Privacy Policy and DexaFit Corporate’s terms.
Photo, Scan Imagery & Recording Consent. I consent to DexaFit Nashua capturing, storing, and reviewing scan imagery, body composition images, and anonymized visual data generated during my visit for operational, quality-assurance, and staff-training purposes, handled in accordance with the Privacy Policy.
Release of Results. I authorize DexaFit Nashua to deliver the health and fitness information resulting from the Services to me, or to any party I designate in writing, by email, mail, or through the DexaFit platform. This authorization may be revoked by me in writing at any time, except as to disclosures already made in reliance on it.
17. Communications Consent & Authorization
BY PROVIDING YOUR MOBILE NUMBER AND/OR EMAIL ADDRESS AND PROCEEDING WITH YOUR BOOKING OR PURCHASE, YOU PROVIDE YOUR PRIOR EXPRESS WRITTEN CONSENT TO THE FOLLOWING.
A. Text Messages (SMS/MMS). DexaFit Nashua, LLC and DexaFit Corporate are authorized to contact you by automated and non-automated SMS and MMS text messages at the mobile number you provide, including through an automatic telephone dialing system (ATDS) or pre-recorded or prewritten messages, for: appointment confirmations, reminders, and follow-ups; wellness updates related to your Services; promotional offers, discounts, and events; referral and loyalty programs; new-service announcements; and other related communications. Your consent to receive marketing texts is not a condition of purchasing any goods or services. Message frequency varies. Standard message and data rates may apply. Reply STOP to opt out and HELP for help.
B. Email. By providing your email address, you consent to receive appointment-related, promotional, newsletter, referral, and marketing emails from DexaFit Nashua or DexaFit Corporate. You may opt out of marketing emails using the unsubscribe link in any such email.
C. Opt-Out Rights. You may revoke consent to marketing text messages at any time by replying STOP to any message (which we honor promptly and, for the texting program, on a substantially immediate basis), or by contacting us. After opting out of marketing messages, you may still receive non-marketing transactional messages related to your appointments.
D. Carrier Disclaimer. Mobile carriers are not liable for delayed or undelivered messages. We do not share mobile opt-in information or text-messaging consent with third parties or affiliates for their own marketing.
E. Confirmation. By proceeding, you confirm that: you are the account holder or authorized user of the mobile number and email provided; you are 18 or older; you have read and voluntarily provide express written consent to the communications described above; and you have reviewed the Privacy Policy.
F. Number Changes & Reassignment. You confirm that you are the subscriber or customary user of the mobile number you provide and that you will notify us if you change or relinquish it. To the fullest extent permitted by law, you release DexaFit Nashua from liability for messages sent in good faith to a number you provided, including after that number has been reassigned to another person, where you did not notify us of the change.
18. Financial Responsibility; Cancellation, Rescheduling & No-Shows
I assume full financial responsibility for all charges for Services provided to me and to any family member or other person for whom I am the responsible party.
Payment at Booking. All appointments must be paid in full at the time of booking through our online scheduling platform.
Cancellations & Refunds.
I may cancel an appointment and receive a full refund by giving at least 24 hours’ notice before the scheduled start time. Refunds are issued to the original payment method.
For cancellations made less than 24 hours before the scheduled start time, and for no-shows, the payment for the affected appointment is forfeited and non-refundable, and the appointment may not be rescheduled.
Rescheduling.
I may reschedule an appointment at no charge by giving at least 24 hours’ notice before the scheduled start time.
Rescheduling within 24 hours of the scheduled start time incurs a $50 rescheduling fee.
An appointment that is rescheduled within 24 hours of its scheduled start time and is subsequently canceled is not eligible for a refund.
Late Arrival. If I arrive late, my session may, at staff discretion, be shortened or rescheduled, subject to this policy.
Multiple Services. Where a booking includes more than one Service, this policy applies to the booking as a whole.
Except as expressly provided in this Section, all payments are non-refundable. I agree not to initiate chargebacks or payment disputes except in the case of a demonstrable billing error or an unauthorized transaction. Nothing in this Section limits any non-waivable cancellation or refund right provided by applicable New Hampshire law.
Payment Authorization. I represent that any payment information I provide is true, correct, and complete, that I am authorized to use the payment method, and that I will pay all charges I incur, including applicable taxes. Payment is processed by a third-party payment processor, and DexaFit Nashua does not store my full payment card number.
Insurance, HSA & FSA. DexaFit Nashua does not bill any private insurer or any government-funded healthcare program, including Medicare, Medicaid, TRICARE, or the Indian Health Service, and does not submit claims on my behalf. On request, DexaFit Nashua can provide an itemized receipt that I may submit to my Health Savings Account (HSA) or Flexible Spending Account (FSA) plan administrator. I acknowledge and understand that eligibility for HSA/FSA reimbursement is program-specific, that I must contact my plan administrator for the guidelines and procedures applicable to my plan, and that DexaFit Nashua makes no representation or guarantee that any submission will be reimbursed.
19. Packages, Gift Certificates & Promotional Pricing
Packages. Packages are purchased in advance and redeemed against the Services at the time of booking. Packages do not expire. All package sales are final, and packages, including any unused portion, are non-refundable and may not be redeemed or exchanged for cash. Packages are transferable and may be shared with family and friends. Any person redeeming a package session must accept these Terms in their own name at the time of booking and must meet the eligibility requirements in Section 1. The cancellation, rescheduling, and no-show terms in Section 18 apply to appointments booked using a package, and a session forfeited under those terms is not restored to the package.
Gift Certificates.Gift certificates do not expire. Gift certificate purchases are final and non-refundable, and gift certificates may not be redeemed for cash except where required by law. A gift certificate code must be applied at the time of booking. We are not responsible for lost or stolen gift certificates, but will make reasonable efforts to reissue a certificate we can verify in our records.
Promotional Pricing & Discount Codes. Discount codes, promotional rates, and gift certificate codes must be applied at the time of booking and cannot be applied retroactively to a completed booking. Appointments booked at a special event or promotional rate may not be rescheduled to another date unless the difference between standard pricing and the promotional rate is paid, together with any rescheduling fee owed under Section 18. Promotional offers may not be combined unless expressly stated. Promotions and discount codes offered by DexaFit Nashua are valid only at DexaFit Nashua.
20. Indemnification
To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless the Released Parties (as defined in Section 14) from and against any and all third-party claims, demands, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to: my misrepresentation or omission of any material fact; my misuse of or over-reliance on test results; my participation in the Services; my breach of this Agreement; or my violation of applicable law or the rights of a third party — except to the extent caused by a Released Party’s gross negligence, willful misconduct, or fraud. We may assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate; you will not settle any matter without our prior written consent.
21. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AND AS A BACKSTOP TO THE RELEASE IN SECTION 14, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNTS I PAID TO DEXAFIT NASHUA FOR THE SERVICE GIVING RISE TO THE CLAIM. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL.
NOTHING IN THIS SECTION LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
22. Force Majeure
DexaFit Nashua will not be liable for any failure or delay in performance due to events beyond its reasonable control, including acts of God, natural disasters, severe weather, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, labor disputes, and utility, internet, network, equipment, or supply failures, and cyber attacks.
23. Refusal, Suspension & Termination
In addition to Section 2, DexaFit Nashua may refuse, suspend, or terminate any Service or my access to the Services at any time, at its sole discretion, for safety, operational, eligibility, non-payment, suspected fraud or unlawful use, or other lawful reasons, without liability. Provisions that by their nature should survive — including the assumption of risk, release, indemnification, limitation of liability, arbitration, and governing-law provisions — survive termination.
24. Dispute Resolution; Binding Individual Arbitration; Class-Action and Jury Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
Informal resolution first. Before starting an arbitration, the party raising a dispute will send the other written notice describing the claim and the relief sought, and the parties will attempt in good faith to resolve it for 30 days. This requirement is in addition to, and does not replace, any statutory pre-suit notice or demand requirement that may apply under New Hampshire law. Notice to DexaFit Nashua: DexaFit Nashua, LLC, 98 Spit Brook Road, Suite 004, Nashua, NH 03062, Attn: Legal, and nashua@dexafit.com.
Agreement to arbitrate. If the dispute is not resolved within 30 days, you and DexaFit Nashua (and, as a third-party beneficiary, DexaFit Corporate) agree that any dispute, claim, or controversy arising out of or relating to the Services or this Agreement — whether based in contract, tort, statute (including under the Telephone Consumer Protection Act), or otherwise — will be resolved exclusively by final and binding individual arbitration, except as stated below. This agreement is governed by the Federal Arbitration Act (FAA). If the FAA is held not to apply to any dispute, the arbitration will be governed by the New Hampshire arbitration statute, RSA ch. 542.
Class-action and representative-action waiver. You and DexaFit Nashua agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding. You and DexaFit Nashua waive any right to a jury trial.
Administration and rules. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect (not the Commercial Rules), before a single arbitrator, seated in Hillsborough County, New Hampshire. The arbitrator may award the same relief a court could on an individual basis. Fee allocation follows the AAA Consumer Rules, and where those rules require, DexaFit Nashua will pay arbitration fees beyond the consumer’s portion. No award may include punitive or exemplary damages except where such a waiver is not permitted by law.
Delegation. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement — except that a court will decide the enforceability of the class-action and representative-action waiver.
Mass/batch arbitration. If 25 or more similar claims are submitted by or with the coordination of the same or coordinated counsel, the claims will be administered in batches of up to 50, with the parties cooperating in good faith and the AAA’s mass-arbitration or batching procedures applied to promote efficiency and fair fee allocation.
Exceptions. Either party may bring a qualifying individual claim in small-claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.
Right to opt out. You may opt out of this arbitration agreement by sending written notice, within 30 days of first accepting this Agreement, to nashua@dexafit.com, stating your name and your intent to opt out. Opting out will not affect any other provision of this Agreement.
Severability and survival. If the class-action and representative-action waiver is found unenforceable as to a claim, that claim (and only that claim) proceeds in court and the remainder of this Section continues to apply in arbitration. If any other part of this Section is found unenforceable, it will be severed and the rest will remain in effect. This Section survives termination of this Agreement.
25. Governing Law; Time to Bring Claims; Severability
This Agreement is governed by the laws of the State of New Hampshire, excluding its conflict-of-laws rules. Subject to Section 24, any action that proceeds in court will be brought exclusively in the state or federal courts located in Hillsborough County, New Hampshire, and you consent to their jurisdiction.
Time to bring claims. To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Services or this Agreement must be commenced within one (1) year after it arises; otherwise it is permanently barred.
Severability. If any provision is held invalid or unenforceable, the remainder remains enforceable, and any limitation of liability and exclusion of damages will continue to apply even if a remedy is found to have failed of its essential purpose.
Non-waivable rights. Nothing in this Agreement waives, limits, or disclaims any right, remedy, or protection that cannot lawfully be waived, limited, or disclaimed, including under the New Hampshire Consumer Protection Act (RSA ch. 358-A) and laws governing personal injury and consumer contracts. Where any provision of this Agreement would otherwise be read to do so, that provision applies only to the maximum extent permitted by law, and the rest of the Agreement remains in effect. This Agreement is not intended to, and does not, disclaim any liability or right that applicable law prohibits from being disclaimed.
26. Changes to These Terms
DexaFit Nashua may modify these Terms prospectively only. The version in effect at the time of your booking governs that transaction. The date of the current version appears at the top of this document.
27. Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and DexaFit Nashua regarding the Services and supersedes all prior oral or written representations. Our Website Terms of Use separately govern your access to and use of our website; in the event of any conflict between the Website Terms of Use and this Agreement with respect to the Services, this Agreement governs. Our failure to enforce any provision is not a waiver of it. Section headings are for convenience only. “Including” means “including without limitation.” You may not assign this Agreement without our prior written consent; DexaFit Nashua may assign it. This Agreement binds permitted successors and assigns.
28. Acknowledgment and Acceptance
BY CHECKING THE ACCEPTANCE BOX AT BOOKING (OR BY OTHERWISE ACCEPTING THESE TERMS) AND BY BOOKING OR RECEIVING THE SERVICES, I CONFIRM THAT I HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO THIS AGREEMENT, INCLUDING THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY (SECTIONS 13–14) AND THE BINDING INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER (SECTION 24). I CERTIFY THAT I MEET THE AGE AND ELIGIBILITY REQUIREMENTS IN SECTION 1 AND THAT I AM LEGALLY COMPETENT TO CONSENT.
Parent or Legal Guardian (VO₂ Max Test, client aged 16 or 17). If I am accepting these Terms on behalf of a client aged 16 or 17 for the VO₂ Max Test, I confirm that I am that client’s parent or legal guardian, that I am accepting this Agreement both on the client’s behalf and on my own behalf, that I have the legal authority to do so, and that I will remain present on site for the duration of the test.
DexaFit Nashua, LLC · 98 Spit Brook Road, Suite 004, Nashua, NH 03062 · 603.880.2400