Terms & Conditions
(Service Agreement, Informed Consent, Assumption of Risk & Release of Liability)
HealthSpan, LLC d/b/a DexaFit Burlington (“DexaFit Burlington” hereinafter)
Last Modified: August 15, 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 22 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 Burlington. 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 Burlington ("DexaFit Burlington," "the Company," "we," "us," or "our"). DexaFit Burlington 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 Website Terms of Use and Privacy Policy, which are incorporated herein by reference. If there is a conflict between these Terms and the Website Terms of Use regarding the in-person Services, these Terms govern. 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.
1. Acceptance and Eligibility
To purchase or use the Services, you must be at least 18 years old and able to form a binding contract. By booking, paying for, or receiving the Services, or by signing or clicking to accept this Agreement, you agree to these Terms and represent that you are 18 years of age or older. 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 Burlington provides non-medical fitness and wellness testing and data-collection services only, including but not limited to DXA body composition scans, VO₂ max testing, Resting Metabolic Rate (RMR) testing, red light therapy, and other related informational services (collectively, the "Services").
DexaFit Burlington expressly does not practice medicine and does not diagnose, treat, cure, mitigate, prevent, prescribe for, or provide medical advice regarding any disease or condition. Nothing provided by DexaFit Burlington 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 Burlington 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 Burlington 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 Burlington 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 Burlington, not from DexaFit Corporate. Any claim or dispute relating to the Services, equipment, or conduct at our location must be addressed directly with DexaFit Burlington.
5. Source of Metrics
The physiological data underlying your results (such as body composition, bone density, VO₂ max, and RMR) are generated by third-party diagnostic devices and their software, such as those manufactured by Hologic, GE HealthCare, COSMED, MGC Diagnostics, KORR, and others. These devices and their algorithms are designed, manufactured, and supported by their respective manufacturers, and DexaFit Burlington does not control and is not responsible for their design or 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 Acknowledgment
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. I affirm that I am not pregnant and that I am eligible to undergo DXA scanning. I will disclose any condition that may make scanning inadvisable.
7. Results Are Estimates — No Guarantee of Accuracy
I expressly acknowledge, understand, accept and agree that all results provided by DexaFit Burlington and DexaFit Corporate 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; and 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. I understand that results reflect a snapshot in time, that DexaFit Burlington 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 Burlington results are made solely at my own risk. DexaFit Burlington makes no recommendations regarding exercise intensity, nutrition plans, medications, supplementation, or treatment decisions.
I further understand that my results may be unexpected or unwelcome, that learning information about my body composition, bone density, or metabolism may provoke a strong response, and that I assume responsibility for my own reaction to my results.
9. VO₂ Max, RMR & Physical Exertion Testing
I understand that VO₂ max, RMR, and other exercise-based testing involve strenuous physical exertion, the use of moving exercise equipment such as treadmills and stationary bikes, and that A PHYSICIAN IS NOT 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.
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.
10. Specific Risks — Including Serious Injury or Death
I acknowledge that participation in the Services, and my presence at and use of DexaFit Burlington'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, 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 and acknowledge 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 Burlington or its personnel.
11. No Medical Screening / Client Responsibility
I understand that DexaFit Burlington 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.
12. Voluntary Participation & Assumption of Risk
I voluntarily and knowingly assume any and 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 Burlington'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 13). I confirm that my participation is entirely voluntary and that I am proceeding of my own free will with full knowledge of these risks.
13. Release of Liability & Covenant Not to Sue
To the fullest extent permitted by Vermont law, I hereby waive, release, discharge, and covenant not to sue HealthSpan, LLC d/b/a DexaFit Burlington, 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, actions, causes of actions, costs or expenses, including attorney’s fees, of any nature whatsoever arising out of or related in any way 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.
14. Emergency Response Acknowledgment
I acknowledge that DexaFit Burlington 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.
15. Data Privacy & Consents
My personal information is collected and handled in accordance with the DexaFit Burlington Privacy Policy, available at https://www.burlington.dexafit.com/privacy-policy, 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 Burlington is not responsible for unauthorized access or disclosure resulting from factors beyond its reasonable control, including third-party systems or my own devices.
I grant DexaFit Burlington permission to use my de-identified records for research purposes and to assess my eligibility for approved studies. 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 Burlington 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.
16. Consent & Authorization Communications
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 Burlington 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 Burlington 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 at Burlington@dexafit.com. 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 Burlington 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.
17. Financial Responsibility; Cancellation & No-Show Policy
I assume full financial responsibility for all Services.
Cancellation, Rescheduling & No-Shows. I may cancel or reschedule an appointment at no charge by giving at least 24 hours' notice before the scheduled start time, in which case my payment will be retained as a credit toward a rescheduled appointment. 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. If I arrive late, my session may, at staff discretion, be shortened or rescheduled, subject to this policy.
Except as required by law, 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 law, including any right that may apply under the Vermont Law if it applies to any membership or prepaid package I purchase.
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 Burlington does not store my full payment card number.
No Insurance or Government Healthcare Programs. The Services are not eligible for payment or reimbursement by Medicare, Medicaid, TRICARE, the Indian Health Service, or any other government-funded healthcare program or by private insurance, and DexaFit Burlington does not bill any insurer or government program for the Services. If I am a beneficiary of a government-funded healthcare program, I will inform DexaFit Burlington before purchasing any Services.
18. Indemnification
To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless the Released Parties (as defined in Section 13) 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.
19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AND AS A BACKSTOP TO THE RELEASE IN SECTION 13, 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 BURLINGTON 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.
20. Force Majeure
DexaFit Burlington will not be liable for any failure or delay in performance due to events beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, labor disputes, and utility, internet, network, equipment, or supply failures, and cyber attacks.
21. Refusal, Suspension & Termination
In addition to Section 2, DexaFit Burlington 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.
22.DISPUTE RESOLUTION — MANDATORY MEDIATION AND ARBITRATION
A. Good-Faith Informal Resolution
Before initiating mediation, arbitration, or litigation concerning any dispute arising out of or relating to services provided by DexaFit Burlington, the parties agree to make a good-faith effort to resolve the dispute informally.
The party asserting a claim shall provide written notice describing the nature of the dispute and the relief requested. The parties shall have 30 days after receipt of the written notice to attempt to resolve the matter informally.
Nothing in this provision prevents either party from seeking emergency or temporary injunctive relief when necessary to prevent immediate or irreparable harm.
B. Mandatory Mediation
If the dispute is not resolved through informal discussions within 30 days, the parties agree to attempt to resolve the dispute through good-faith mediation before commencing arbitration or litigation, except where prohibited by applicable law.
The mediation shall:
· take place in Vermont, unless the parties agree otherwise;
· be conducted by a mutually agreed-upon neutral mediator;
· be conducted pursuant to the Vermont Uniform Mediation Act, 12 V.S.A. §§ 5711 et seq., to the extent applicable; and
· be treated as confidential to the fullest extent provided by applicable law.
The parties shall cooperate in selecting a mediator. If they cannot agree upon a mediator within 15 days after a written request for mediation, either party may request that a mutually acceptable mediation service assist in selecting a neutral mediator.
Unless otherwise agreed, each party shall pay its own attorney’s fees and other expenses incurred in connection with the mediation, and the parties shall share the mediator’s fees and administrative costs equally, subject to any contrary requirement of applicable law.
No settlement shall be binding unless reduced to writing and signed by the parties.
C. Binding Arbitration Following Unsuccessful Mediation
If mediation does not resolve the dispute, any dispute, claim, or controversy arising out of or relating to the client’s agreement with DexaFit Burlington, the services provided by DexaFit Burlington, or the relationship between the client and DexaFit Burlington shall, to the extent permitted by law, be resolved by binding arbitration rather than by a lawsuit in court.
The arbitration shall be conducted by one impartial arbitrator in Vermont pursuant to the Vermont Arbitration Act, 12 V.S.A. §§ 5651 et seq., and applicable federal arbitration law.
The parties may mutually agree upon the arbitrator and arbitration procedures. If they cannot agree, an arbitrator shall be selected and the arbitration conducted pursuant to applicable law and the rules of a mutually acceptable arbitration provider.
The arbitrator shall have authority to award any individual remedy or relief that would otherwise be available under applicable law, including statutory remedies and attorney’s fees where authorized by law.
The arbitrator shall issue a written decision stating the essential findings and conclusions upon which the award is based.
Judgment upon an arbitration award may be entered in any court having jurisdiction.
D. Rights That Cannot Be Waived
Nothing in this agreement is intended to waive or restrict any right or remedy that cannot lawfully be waived.
In particular, this arbitration agreement shall not prevent a person from seeking or obtaining assistance from a court in enforcing constitutional or civil rights to the extent protected by Vermont law.
Nothing in this agreement prevents a client from filing a complaint with or communicating with a governmental or regulatory agency having jurisdiction over the matter.
E. Governing Law
This dispute-resolution provision and the underlying agreement shall be governed by Vermont law, except to the extent federal law controls.
F. Severability
If any portion of this dispute-resolution provision is determined to be invalid or unenforceable, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain effective to the fullest extent permitted by law. Class-action and representative-action waiver. You and DexaFit Burlington 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 Burlington waive any right to a jury trial.
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.
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.
IMPORTANT — ACKNOWLEDGMENT OF ARBITRATION
PLEASE READ CAREFULLY. THIS PROVISION AFFECTS YOUR LEGAL RIGHTS.
I understand that my agreement with DexaFit Burlington contains an agreement to arbitrate.
After signing this agreement, I understand that I generally will not be able to bring a lawsuit concerning a dispute covered by the arbitration agreement, unless the dispute involves a question of constitutional or civil rights or another matter that cannot lawfully be required to be arbitrated.
Instead, I agree to submit any dispute covered by the arbitration agreement to an impartial arbitrator.
I acknowledge that I have read and understand this arbitration provision and voluntarily agree to it.
23. Governing Law; Time to Bring Claims; Severability
This Agreement is governed by the laws of the State of Vermont, excluding its conflict-of-laws rules. Subject to Section 22, any action that proceeds in court will be brought exclusively in the state or federal courts located in Vermont , 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 and forever 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 Vermont Consumer Protection Actand 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.
24. Changes to These Terms
DexaFit Burlington may modify these Terms prospectively only. The version in effect at the time of your booking governs that transaction.
25. Entire Agreement
This Agreement, together with the Privacy Policy and the Website Terms of Use, constitutes the entire agreement between you and DexaFit Burlington regarding the Services and supersedes all prior oral or written representations. 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 Burlington may assign it. This Agreement binds permitted successors and assigns.
26. Acknowledgment and Acceptance
BY CHECKING THE BOX OR CLICKING "I AGREE" (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 12–13) AND THE BINDING INDIVIDUAL MEDIATION AND ARBITRATION AND CLASS-ACTION WAIVER (SECTION 22). I CERTIFY THAT I AM AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT TO CONSENT, AND THAT I AM ACCEPTING THESE TERMS FOR MYSELF.