DexaFit West Houston Terms & Conditions
Service Agreement, Informed Consent, Assumption of Risk & Release of Liability
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY.
These Terms & Conditions contain important information regarding DexaFit West Houston services, testing limitations, assumption of risk, financial responsibility, and release of certain claims.
DexaFit West Houston is a DBA of Houston Concierge Medicine & Wellness PLLC and operates as an independently operated location that licenses the DexaFit® trademark and software platform from DexaFit, Inc. and its subsidiaries and affiliates (collectively, "DexaFit Corporate").
For purposes of these Terms, "DexaFit West Houston," "we," "us," and "our" refer to Houston Concierge Medicine & Wellness PLLC, doing business as DexaFit West Houston, unless the context indicates otherwise.
By booking, purchasing, participating in, or receiving applicable services from DexaFit West Houston, or by signing or electronically accepting these Terms, you acknowledge that you have read, understand, and agree to these Terms.
These Terms govern services provided through DexaFit West Houston. Your use of the DexaFit software platform, applications, digital reports, or other services operated by DexaFit Corporate may also be subject to DexaFit Corporate's separate Terms of Service and Privacy Policy.
These Terms apply in addition to our Website Terms of Service, Privacy Policy, and Cancellation and Rescheduling Policy. If there is a conflict regarding an in-person service, these Terms & Conditions and any service-specific informed consent provided to you will control.
1. Acceptance and Eligibility
You must generally be at least 18 years old and legally capable of providing consent to purchase or participate in services independently.
By booking, purchasing, participating in, or receiving services, you represent that the information you provide is accurate and that you are legally authorized to consent.
Additional requirements may apply to specific tests or services. DexaFit West Houston may require additional screening, authorization, informed consent, parental or legal guardian consent, physician authorization, or other documentation when appropriate.
We may decline, delay, pause, reschedule, or terminate a service when reasonably necessary for safety, eligibility, operational, legal, or other appropriate reasons.
2. Scope of Services
DexaFit West Houston offers health, wellness, fitness, body composition, metabolic, performance, recovery, and related assessment services.
Depending on current offerings, services may include:
DEXA body composition and bone density assessments;
VO2 Max fitness testing;
Resting Metabolic Rate (RMR) testing;
ShapeScale 3D body scanning;
movement assessments;
advanced arterial assessments;
red light therapy;
PEMF therapy;
fitness and performance-related programs;
laboratory and wellness testing;
DNA or biomarker testing; and
other health and wellness services offered by DexaFit West Houston.
Services and availability may change from time to time.
Certain services may be provided in coordination with third-party laboratories, healthcare professionals, technology providers, or other service providers and may require additional terms, authorizations, or informed consent.
3. General Wellness and Medical Disclaimer
Many DexaFit West Houston assessments and services are intended to provide health, wellness, fitness, performance, or body-composition information.
Information, scores, measurements, reports, and educational materials provided in connection with general wellness services are not intended by themselves to diagnose, treat, cure, mitigate, or prevent disease and should not replace evaluation or treatment by an appropriately licensed healthcare provider.
Where a particular service involves a licensed healthcare professional, laboratory, physician authorization, prescription, medical procedure, or other regulated healthcare activity, separate clinical terms, informed consent, or provider relationships may apply.
Nothing in these Terms alone creates a physician-patient relationship.
Do not make or change medical treatment decisions solely on the basis of a DexaFit assessment without consulting an appropriate healthcare professional.
If you are experiencing a medical emergency, call 911 or seek emergency medical care immediately.
4. Relationship With DexaFit Corporate
DexaFit West Houston operates independently from DexaFit Corporate.
DexaFit Corporate provides or licenses certain DexaFit trademarks, branding, software, analytics, technology, and reporting platforms.
You purchase in-person services from Houston Concierge Medicine & Wellness PLLC, doing business as DexaFit West Houston, rather than directly from DexaFit Corporate unless a particular transaction expressly states otherwise.
Assessment information may be transmitted to technology or software systems operated by DexaFit Corporate for processing, analysis, storage, reporting, or delivery of results.
DexaFit Corporate's handling of information through its own systems may also be governed by its own Terms of Service and Privacy Policy.
5. Source and Limitations of Measurements
Many physiological measurements and assessment results are generated using third-party equipment, software, algorithms, laboratories, or technology.
Examples may include technology used for body composition, bone density, oxygen consumption, metabolic testing, cardiovascular measurements, laboratory testing, movement assessment, and 3D body scanning.
DexaFit West Houston does not manufacture all equipment or software used to generate these measurements.
Measurement accuracy can be affected by factors including:
hydration;
recent food or fluid intake;
exercise or physical activity;
time of day;
body positioning;
equipment calibration;
technician technique;
software calculations and algorithms;
environmental conditions;
biological variation;
medications or health conditions;
preparation before testing; and
differences between equipment or testing methodologies.
You understand that no measurement method is completely error-free.
6. Results Are Estimates and Are Not Guaranteed
You acknowledge that results provided through DexaFit West Houston may represent estimates rather than exact measurements.
Results may vary between tests even when your underlying health or body composition has not meaningfully changed.
A difference between two assessments does not necessarily represent an equivalent physiological change.
Results generally reflect your condition at or around the time of testing and may become less representative as your body, health, activity, diet, medications, or other circumstances change.
DexaFit West Houston does not guarantee that any measurement, report, score, interpretation, or assessment will be completely accurate, complete, or applicable to every individual.
You should discuss unexpected, concerning, or medically significant results with an appropriately qualified healthcare provider.
7. DEXA Scan and Low-Dose X-Ray Acknowledgment
If you participate in a DEXA assessment, you consent to the use of DEXA scanning technology and understand that DEXA uses a low dose of ionizing X-ray radiation.
You acknowledge that:
DEXA scanning involves exposure to a small amount of radiation;
you may discuss radiation exposure or concerns with a qualified healthcare provider before testing;
you must follow all eligibility and preparation instructions provided to you;
you must disclose circumstances that may affect whether a scan should be performed; and
additional screening or authorization may be required before testing.
You agree to inform DexaFit West Houston if you are pregnant, believe you may be pregnant, or have another condition or circumstance that could affect the safety or appropriateness of testing.
DexaFit West Houston may decline or postpone a scan when appropriate for safety or regulatory reasons.
8. VO2 Max and Physical Exertion Testing
VO2 Max and certain other performance assessments may involve strenuous physical activity.
Depending on the test, you may exercise on a treadmill, stationary bicycle, or other exercise equipment while wearing monitoring or testing equipment such as a mask, mouthpiece, nose clip, sensor, strap, hose, or similar device.
You understand that testing may require exercising at increasing intensity and may continue until you approach fatigue or your individual testing endpoint.
Potential risks may include:
fatigue;
dizziness or lightheadedness;
shortness of breath;
nausea;
dehydration;
loss of balance;
slipping, tripping, or falling;
muscle or joint strain;
abnormal heart rhythm;
abnormal blood-pressure response;
aggravation of an existing or previously unknown condition;
cardiovascular complications; and
in rare circumstances, serious injury, cardiac events, or death.
You agree to follow staff instructions and immediately tell staff if you experience chest pain, unusual shortness of breath, dizziness, weakness, severe discomfort, or other concerning symptoms.
You may stop testing at any time.
9. RMR Testing
Resting Metabolic Rate testing estimates the amount of energy your body uses while at rest.
You understand that RMR results may vary based on preparation and individual factors, including food consumption, caffeine, activity, sleep, medications, stress, illness, body composition, and other physiological factors.
RMR measurements and related information are intended to provide general wellness and metabolic information and are not guarantees of weight loss, weight gain, athletic performance, or other outcomes.
Individual results depend on numerous factors outside DexaFit West Houston's control.
10. Other Assessments, Therapies, and Services
DexaFit West Houston may offer other services, including ShapeScale 3D scans, movement assessments, advanced arterial assessments, red light therapy, PEMF therapy, laboratory testing, DNA testing, recovery services, wellness programs, and other services.
Each service may involve its own limitations, contraindications, eligibility requirements, risks, preparation instructions, or potential side effects.
You agree to review and follow all instructions provided for the particular service you receive.
Where appropriate, additional informed consent or screening may be required before participation.
Nothing in these Terms replaces a service-specific consent form where one is required or appropriate.
11. Client Health and Safety Responsibilities
You are responsible for determining, in consultation with your healthcare provider when appropriate, whether participation in a particular service is suitable for you.
Before participating, you agree to disclose relevant information requested by DexaFit West Houston, which may include known health conditions, symptoms, medications, pregnancy, implants, recent procedures, injuries, mobility limitations, or other circumstances that could affect testing safety or accuracy.
You agree to:
answer applicable screening questions accurately;
follow testing and preparation instructions;
ask questions if you do not understand an instruction;
use equipment only as directed;
immediately report concerning symptoms; and
stop participation if you believe continuing may be unsafe.
Failure to follow preparation instructions may affect the accuracy of your results or require your appointment to be rescheduled.
12. Acknowledgment of Risks
You understand that participation in testing, exercise, assessments, therapies, or other services may involve known and unknown risks.
Depending on the service, these risks may include:
slipping, tripping, or falling;
contact with equipment or other objects;
equipment malfunction or unexpected movement;
muscle strains, sprains, or other musculoskeletal injuries;
dizziness, fainting, nausea, dehydration, or fatigue;
abnormal cardiovascular responses;
aggravation of an existing or previously unknown health condition;
adverse reactions associated with a particular service;
inaccurate, incomplete, or misunderstood results; and
other risks inherent in the applicable activity or service.
You understand that risks may occur despite reasonable safety precautions.
13. Risk of Misinterpretation or Misuse of Results
You acknowledge that test results and wellness information can be misunderstood, misinterpreted, or used inappropriately.
Decisions concerning exercise, diet, weight management, supplements, medication, medical treatment, or other health matters should be made with appropriate professional guidance.
You accept responsibility for decisions you make based upon your results or other information provided through general wellness services.
DexaFit West Houston does not guarantee an outcome from actions you take based upon test results.
14. Voluntary Participation and Assumption of Risk
Your participation in DexaFit West Houston services is voluntary.
To the fullest extent permitted by applicable law, you knowingly and voluntarily assume the ordinary and inherent risks associated with the services in which you choose to participate.
You acknowledge that you have had an opportunity to ask questions regarding a service before participating and may choose not to participate or may stop participation.
15. Release of Liability
To the fullest extent permitted by applicable law, you release and discharge Houston Concierge Medicine & Wellness PLLC, doing business as DexaFit West Houston, and its owners, officers, employees, contractors, agents, and applicable licensors or service providers from claims arising from the ordinary and inherent risks of your voluntary participation in the services, including claims arising from ordinary negligence where such a release is permitted by law.
This release does not apply to claims resulting from gross negligence, willful misconduct, fraud, or other liability that cannot legally be released or limited.
If any portion of this release is determined to be unenforceable, it will be enforced to the maximum extent permitted by applicable law, and the remainder of these Terms will continue in effect.
16. Emergency Response
DexaFit West Houston is not an emergency medical facility.
If staff reasonably believe you are experiencing a medical emergency, you authorize them to contact emergency medical services or take other reasonable steps intended to obtain emergency assistance.
Emergency response times and medical outcomes cannot be guaranteed.
You are responsible for any charges imposed by emergency medical providers or other third parties for care provided to you unless applicable law requires otherwise.
17. Data Privacy and Assessment Information
Personal information collected in connection with DexaFit West Houston services will be handled in accordance with our Privacy Policy and applicable law.
You understand that certain assessment information may be electronically transmitted to or processed through the DexaFit software platform operated by DexaFit Corporate to generate, store, analyze, or deliver reports and results.
Information may also be transmitted to laboratories, technology providers, payment processors, healthcare providers, or other service providers where necessary to provide a service you request and as described in the Privacy Policy.
No electronic system can be guaranteed to be completely secure.
Where permitted and described in the applicable Privacy Policy or consent, de-identified or aggregated information may be used for analytics, quality improvement, research, or development purposes.
Additional authorization will be obtained where required by applicable law.
18. Scan Imagery and Assessment Data
Certain services may generate scan imagery, body-composition images, graphs, measurements, or similar assessment information.
You understand that this information may be captured, stored, processed, or reviewed as necessary to provide your service, generate your results, perform quality assurance, maintain equipment or software, and fulfill other purposes described in the Privacy Policy.
Personally identifiable photographs, testimonials, or assessment images will not be used publicly for marketing without any authorization required by applicable law.
19. Electronic Communications
By providing your email address or mobile telephone number, you may receive communications concerning appointments, confirmations, reminders, follow-ups, transactions, test preparation, or services you request.
If you separately consent to promotional SMS or MMS communications, you may also receive marketing messages concerning services, promotions, events, or other DexaFit West Houston offerings.
Consent to receive marketing text messages is not a condition of purchasing goods or services.
For applicable marketing text programs:
message frequency may vary;
message and data rates may apply;
reply STOP to opt out; and
reply HELP for assistance.
After opting out of marketing communications, you may still receive non-marketing messages necessary to complete transactions, manage appointments, or respond to your requests where permitted by law.
Marketing emails will include an appropriate method to unsubscribe.
We do not sell or share mobile opt-in information or SMS consent with third parties for their own marketing purposes unless expressly disclosed and permitted by law.
20. Financial Responsibility and Payments
You accept financial responsibility for services you purchase or authorize.
You represent that:
payment information you provide is accurate;
you are authorized to use the payment method provided; and
you are responsible for applicable charges associated with your purchase.
Payments may be processed by third-party payment processors.
Refunds, cancellations, rescheduling, late arrivals, no-shows, appointment credits, processing fees, and related charges are governed by the DexaFit West Houston Cancellation and Rescheduling Policy and any additional terms disclosed at the time of purchase.
Nothing in these Terms eliminates any refund, cancellation, billing-dispute, or other consumer right that cannot legally be waived.
If you believe a charge was made in error or without authorization, please contact DexaFit West Houston promptly so the issue can be reviewed.
21. Insurance and Third-Party Reimbursement
Unless expressly stated otherwise for a particular service, DexaFit West Houston services are generally offered on a self-pay basis.
You are responsible for determining whether a service may qualify for reimbursement through private insurance, a health savings account, flexible spending account, employer wellness benefit, or another third-party program.
DexaFit West Houston does not guarantee reimbursement by any insurer, benefits administrator, government program, employer, or other third party.
22. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Houston Concierge Medicine & Wellness PLLC, doing business as DexaFit West Houston, and its owners, officers, employees, contractors, and agents from third-party claims, liabilities, damages, losses, costs, and expenses arising from:
material information you intentionally misrepresent or omit;
your misuse of testing equipment or facilities;
your unlawful use or disclosure of information;
your material breach of these Terms; or
your violation of another person's rights.
This provision does not apply to the extent a claim results from gross negligence, willful misconduct, fraud, or other conduct for which indemnification cannot legally be required.
23. Limitation of Liability
To the fullest extent permitted by applicable law, Houston Concierge Medicine & Wellness PLLC, doing business as DexaFit West Houston, will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to the services or these Terms.
Nothing in these Terms limits liability for gross negligence, willful misconduct, fraud, or any other liability that cannot lawfully be limited.
Some rights and remedies cannot be waived or limited under applicable law. Nothing in these Terms is intended to eliminate those rights.
24. Force Majeure
DexaFit West Houston will not be responsible for delay or inability to provide services due to circumstances reasonably beyond its control, including severe weather, natural disasters, fire, utility outages, equipment failure, internet or network outages, supply disruptions, governmental actions, public health emergencies, cyber incidents, or similar events.
When reasonably possible, affected appointments will be rescheduled or otherwise handled in accordance with applicable policies and law.
25. Refusal, Suspension, or Termination of Services
DexaFit West Houston may refuse, pause, reschedule, or terminate a service when reasonably necessary because of:
safety concerns;
failure to satisfy eligibility requirements;
failure to follow staff instructions;
disruptive or threatening behavior;
nonpayment;
suspected fraud;
equipment or operational problems;
legal or regulatory requirements; or
other legitimate business or safety reasons.
Where DexaFit West Houston cancels a paid service and cannot reasonably provide or reschedule that service, any applicable refund or credit will be handled in accordance with the Cancellation and Rescheduling Policy and applicable law.
26. Dispute Resolution
Before initiating formal legal proceedings regarding these Terms or services provided by DexaFit West Houston, you and Houston Concierge Medicine & Wellness PLLC, doing business as DexaFit West Houston, agree to make a reasonable good-faith effort to resolve the dispute informally.
A person raising a dispute should provide sufficient information to identify the issue and the relief requested and allow a reasonable opportunity for the matter to be reviewed.
Nothing in this section prevents either party from exercising rights or remedies that cannot legally be restricted or waived.
Any binding arbitration agreement, class-action waiver, jury-trial waiver, shortened limitations period, or similar dispute-resolution provision will apply only if expressly presented and accepted in a legally enforceable manner.
27. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where federal law controls.
Unless an applicable agreement provides otherwise, legal proceedings properly brought in court concerning these Terms or DexaFit West Houston services will be subject to the jurisdiction of the appropriate state or federal courts serving Harris County, Texas.
Nothing in this section waives any right or remedy that cannot lawfully be waived.
28. Severability and Non-Waivable Rights
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, it will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.
Nothing in these Terms is intended to waive, disclaim, or restrict any consumer protection, personal-injury, privacy, healthcare, or other legal right that cannot lawfully be waived or restricted.
29. Changes to These Terms
DexaFit West Houston may update these Terms from time to time.
The version applicable to a particular booking or service will generally be the version presented or in effect when that booking or purchase is made, except where applicable law requires otherwise.
The date at the top of this page identifies the most recent revision.
30. Entire Agreement
These Terms, together with the DexaFit West Houston Privacy Policy, Website Terms of Service, Cancellation and Rescheduling Policy, and any applicable service-specific consent or agreement, constitute the applicable agreement concerning the services covered by them.
A service-specific consent or agreement may contain additional requirements that apply only to that service.
31. Acknowledgment and Acceptance
BY BOOKING, PURCHASING, SIGNING, CLICKING "I AGREE," OR OTHERWISE ACCEPTING THESE TERMS IN CONNECTION WITH A DEXAFIT WEST HOUSTON SERVICE, YOU ACKNOWLEDGE THAT:
YOU HAVE READ AND UNDERSTAND THESE TERMS;
YOU HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS;
YOU UNDERSTAND THAT TESTING AND OTHER SERVICES MAY INVOLVE RISKS;
YOU UNDERSTAND THAT TEST RESULTS MAY BE ESTIMATES AND MAY VARY;
YOU VOLUNTARILY CHOOSE TO PARTICIPATE;
YOU ACCEPT THE APPLICABLE ASSUMPTION-OF-RISK AND RELEASE PROVISIONS TO THE EXTENT PERMITTED BY LAW; AND
YOU ARE LEGALLY AUTHORIZED TO ACCEPT THESE TERMS.
32. Contact Us
Questions regarding these Terms & Conditions may be directed to:
DexaFit West Houston
Houston Concierge Medicine & Wellness PLLC
9432 Katy Freeway, Suite 400
Houston, Texas 77055
Phone: (713) 834-4353
Email: westhouston@dexafit.com