Terms & Conditions

(Service Agreement, Informed Consent, Assumption of Risk & Release of Liability)

Spartan Kismet LLC d/b/a DexaFit Central Jersey

Effective: August 17, 2026

IMPORTANT LEGAL NOTICE — READ CAREFULLY.

THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK, A RELEASE OF LIABILITY, AND A WAIVER OF CERTAIN LEGAL RIGHTS. SECTION 25 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS, WITH A 30-DAY RIGHT TO OPT OUT. SECTION 26 SETS OUT PROVISIONS THAT APPLY SPECIFICALLY TO NEW JERSEY CONSUMERS AND IDENTIFIES WHICH PROVISIONS OF THIS AGREEMENT ARE AND ARE NOT ENFORCEABLE IN NEW JERSEY. BY AGREEING, YOU ACCEPT THESE TERMS VOLUNTARILY. DO NOT AGREE UNTIL YOU HAVE READ AND UNDERSTOOD THIS ENTIRE DOCUMENT.

Welcome to DexaFit Central Jersey. These Terms & Conditions (the "Terms," "Agreement," or "Terms & Conditions") govern your purchase and use of the in-person assessment services and related services provided by Spartan Kismet LLC, a New Jersey limited liability company doing business as DexaFit Central Jersey ("DexaFit Central Jersey," "the Company," "we," "us," or "our"). DexaFit Central Jersey 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 given in Section 2. "I," "you," or "your" means the client agreeing to this Agreement (and, where a minor is the client, the parent or legal guardian agreeing on the minor's behalf as described in Section 16).

These Terms apply in addition to our Website Terms of Use, our Privacy Policy, and our Notice of Privacy Practices, each of which is incorporated 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, Eligibility, and Electronic Signature

To purchase or use the Services on your own behalf, you must be at least 18 years old and able to form a binding contract. Clients under 18 may receive Services only as provided in Section 16. 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 the information you have provided is true and complete. If you do not agree, do not purchase or use the Services. We may require you to accept additional or supplemental terms, consents, or authorizations for particular Services.

Electronic records and signatures. You consent to conduct this transaction electronically and agree that your electronic signature, click-acceptance, or other electronic assent has the same legal effect as a handwritten signature under the New Jersey Uniform Electronic Transactions Act, N.J.S.A. 12A:12-1 et seq., and the federal E-SIGN Act, 15 U.S.C. § 7001 et seq. You may request a paper copy of this Agreement at no charge by contacting us at centraljersey@dexafit.com or (908) 291-3533. You may withdraw your consent to electronic records at any time, which may prevent us from providing certain Services.

2. Scope of Services

DexaFit Central Jersey offers the following categories of Services:

Practitioner-ordered imaging. DXA (dual-energy X-ray absorptiometry) scans for body composition and/or bone density. These Services involve ionizing radiation and are provided only as described in Section 3.
Non-imaging assessments. VO₂ max (cardiopulmonary exercise) testing, Resting Metabolic Rate (RMR) and metabolic testing, 3D body scanning, and related informational and educational services.

Our Medical Director orders and interprets the DXA studies we perform for clients who do not bring an order from their own physician, as described in Sections 3 and 4. Our Medical Director holds no financial interest in this facility.

Except for the ordering and interpretation of DXA studies by our Medical Director or another licensed practitioner as described in Sections 3 and 4, DexaFit Central Jersey does not practice medicine and does not diagnose, treat, cure, mitigate, prevent, prescribe for, or provide medical advice regarding any disease or condition, and does not provide ongoing medical care, treatment planning, or follow-up. Nothing provided by DexaFit Central Jersey is intended to replace evaluation or treatment by your own licensed healthcare provider. Our non-practitioner staff will not interpret your results, will not tell you what your results mean for your health, and will not recommend or advise against any medical treatment, medication, supplement, diet, or exercise program.

DexaFit Central Jersey may refuse, pause, reschedule, or terminate any Service at any time, at the sole discretion of staff, for safety, clinical, operational, eligibility, or other lawful reasons. If we terminate or refuse a Service without cause and you have prepaid for it, we will refund or credit that Service at your election.

3. DXA Imaging — Practitioner Order, Licensed Operation, and Interpretation

New Jersey law governs the use of ionizing radiation on human beings. You acknowledge and agree to the following with respect to any DXA scan we perform.

Practitioner order required. Under N.J.S.A. 26:2D-27(f) and N.J.A.C. 7:28-19.3(m), a DXA scan may be performed only for a medical diagnostic purpose and only at the specific direction of a licensed practitioner, on a case-by-case basis. We will not perform a DXA scan on you without a valid, individualized order from a licensed practitioner authorized under New Jersey law to issue one. You may obtain that order from your own physician or other qualified licensed practitioner, or from our Medical Director as described in Section 4.
No self-referral. You cannot order your own scan, and our staff cannot order one for you. A radiologic technologist may not prescribe a radiological examination (N.J.A.C. 7:28-19.3(n)).
Licensed operation. Your scan will be performed by an individual holding a valid New Jersey license in diagnostic radiologic technology, LRT(R), issued by the New Jersey Radiologic Technology Board of Examiners, or by a licensed practitioner acting within the scope of his or her license. Our X-ray equipment is registered with the New Jersey Department of Environmental Protection, Bureau of X-Ray Compliance, and is maintained under a quality assurance program as required by N.J.A.C. 7:28-22.11.
Review by our Medical Director. Every study performed at DexaFit Central Jersey is reviewed by our Medical Director, or another licensed practitioner acting within his or her scope of practice, and you will receive that practitioner's report. Our technologists are prohibited by law from rendering an interpretation of a radiological examination (N.J.A.C. 7:28-19.3(o)); they can explain how a report is organized and how a measurement was obtained, but cannot tell you what your results mean clinically. Questions about the clinical meaning of your results should be directed to your own treating provider. Section 4 describes your relationship with the ordering and interpreting physician, including the fact that he holds no financial interest in this facility.
Results and abnormal findings. We will make results available to you and, where applicable, to your ordering or treating practitioner. Where a result is abnormal, we will identify the abnormality clearly for the attention of a practitioner and provide notice consistent with N.J.A.C. 13:35-2.6(j) and (p), including within three business days of our receipt of the report. If you have not identified a referring or treating practitioner, the written notice will advise you to seek follow-up medical consultation and will include referral information. It is your responsibility to keep your contact information current and to review any results we send you.

Radiation acknowledgment. I consent to the use of the DXA scanner and acknowledge that DXA technology uses low-dose X-rays. I understand that a DXA scan exposes me to a small amount of ionizing radiation, that the dose is low relative to many other imaging examinations and to natural background radiation, and that I have had the opportunity to discuss this exposure and any associated risks with a licensed healthcare provider before testing.

Pregnancy. I certify that I am not pregnant, do not believe I may be pregnant, and am not attempting to become pregnant. I understand I must tell staff immediately if there is any possibility that I am pregnant, and that we will not perform a DXA scan in that circumstance. I accept full responsibility for any harm arising from a failure to disclose a pregnancy or possible pregnancy.

Eligibility and disclosure. I will accurately and completely disclose to staff and to the ordering practitioner any condition, medication, implant, prosthesis, recent contrast study, radiopharmaceutical administration, injury, or other factor that may affect the safety of scanning or the accuracy of results. I understand that we may decline to scan me on the basis of that information.

4. Your Relationship with the Ordering and Interpreting Physician

Because New Jersey requires that a DXA scan be ordered by a licensed practitioner and that the results be interpreted by one, receiving a DXA scan at DexaFit Central Jersey involves a limited professional relationship with our Medical Director, or another licensed physician acting in that role. This Section describes that relationship. By booking a DXA scan, you consent to it.

Independent medical judgment. Our Medical Director acts as an independent licensed physician and exercises his own independent professional judgment in deciding whether to order a scan and in interpreting the results. DexaFit Central Jersey does not direct, control, or influence that judgment, and no non-practitioner employee of DexaFit Central Jersey participates in it.
Individualized review. Before any DXA scan is performed, our Medical Director personally reviews your health history, intake questionnaire, and any records you provide, and issues an order specific to you. Orders are not issued automatically, are not issued under a blanket protocol, and are not issued by staff.
He/She may decline to order your scan. Our Medical Director may decline to order a scan if it is not clinically appropriate for you, if you are or may be pregnant, or if he/she needs additional information first. If he/she declines and you have prepaid, you will receive a full refund of the amount you paid for that scan. No late-cancellation fee applies.
Remote review; consent to telehealth. Our Medical Director’s review is ordinarily conducted remotely, without an in-person physical examination, based on the information you provide. This is telemedicine or telehealth under the New Jersey Telemedicine and Telehealth Act, N.J.S.A. 45:1-61 et seq., and by booking a DXA scan you give your consent to it. You understand that a remote review has limitations compared with an in-person examination, and that the appropriateness of the order and the quality of the interpretation depend on the accuracy and completeness of the information you give us. You may decline remote review and instead obtain an order from your own physician.
Limited scope — this is not ongoing medical care. The relationship is limited to determining whether a DXA scan is appropriate for you, ordering it, and interpreting the results. Our Medical Director is not your primary care provider. He does not provide ongoing treatment, follow-up care, prescriptions, specialist referrals, or management of any condition, and is not available for general medical questions. Any finding on your report should be taken to your own treating provider.
You may use your own physician instead. You are never required to use our Medical Director. You may obtain an order from your own physician or other qualified licensed practitioner and bring it to your appointment, and you may direct that your report be sent to any provider you designate.

No financial interest; how the physician is paid. Our Medical Director holds no ownership interest, equity, profit share, revenue share, or other financial interest in Spartan Kismet LLC or DexaFit Central Jersey. He is compensated at a fixed professional fee for services he actually performs, and his compensation does not vary with the number of clients who book, the number of scans ordered, or the revenue the facility generates. He therefore has no financial incentive to order a scan for you. His fee is included in the price you pay for the scan; it is not billed to you separately and is not billed to any insurer or government healthcare program.

Your records. The order our Medical Director issues and the report he produces become part of your record with us, are available to you on request under Section 23, and will be released to any provider you designate.

5. General Wellness Disclaimer — Non-Imaging Services

VO₂ max, RMR, 3D body scanning, and our other non-imaging Services are general wellness offerings intended to support your overall health and fitness. 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 and low-risk products. Information from these 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.

6. Relationship with DexaFit Corporate; Independent Operator

DexaFit Central Jersey 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 Central Jersey, not from DexaFit Corporate. Any claim or dispute relating to the Services, equipment, personnel, or conduct at our location must be addressed directly with DexaFit Central Jersey.

7. 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 Central Jersey 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, including N.J.A.C. 7:28-22.11.

8. Results Are Estimates — No Guarantee of Accuracy

I expressly acknowledge, understand, and agree that all measurements and results provided by DexaFit Central Jersey and DexaFit Corporate are estimates 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 or from results obtained at 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 Central Jersey 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.

9. 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 results obtained at DexaFit Central Jersey are made solely at my own risk. DexaFit Central Jersey 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 emotional response, and that I assume responsibility for my own reaction to my results.

10. 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 MAY 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.

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.

11. Specific Risks — Including Serious Injury or Death

I acknowledge that participation in the Services, and my presence at and use of DexaFit Central Jersey'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;
exposure to low-dose ionizing radiation from DXA scanning;
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 Central Jersey or its personnel.

12. Pre-Participation Screening & Client Responsibility

Before exercise-based testing we will ask you to complete a health-history questionnaire and, where indicated by that questionnaire or by our protocols, to obtain written medical clearance from a licensed healthcare provider. Our intake questionnaire is a screening tool only. It is not a medical examination, cardiovascular risk stratification, stress-test clearance, or a substitute for evaluation by your own provider, and completion of it does not create a treatment relationship with DexaFit Central Jersey.

You accept sole responsibility for the accuracy and completeness of the information you give us, for obtaining medical clearance where it is recommended or required, and for determining your own fitness and suitability for testing. You represent that you have disclosed all known medical conditions, symptoms, medications, implants, and other factors that may affect testing safety or result accuracy, and you assume full responsibility for any undisclosed condition and for any harm arising from it.

You agree to stop testing immediately and notify staff if you experience chest pain, shortness of breath, dizziness, palpitations, unusual discomfort, or any other concerning symptom. We may stop any test at any time in our sole discretion.

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 Central Jersey'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; exposure to low-dose ionizing radiation; 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.

14. Release of Liability & Covenant Not to Sue

To the fullest extent permitted by New Jersey law, I hereby waive, release, discharge, and covenant not to sue Spartan Kismet LLC d/b/a DexaFit Central Jersey, and its members, managers, owners, officers, employees, independent 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; my presence at the premises; 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, recklessness, wanton or willful misconduct, intentional wrongdoing, or fraud, or any liability that cannot lawfully be released or limited under New Jersey law. New Jersey courts enforce a fitness or recreational facility's release of ordinary negligence, but will not enforce a release of gross negligence or reckless conduct, and we do not ask you to release such claims.

This release does not release, and does not purport to release, any claim arising from the provision or interpretation of professional healthcare services by a licensed practitioner, or any claim that New Jersey law reserves to a minor as described in Section 16.

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 Central Jersey is not a hospital, urgent care center, or emergency medical facility, that emergency-response times may vary, and that outcomes cannot be guaranteed. I authorize staff to summon emergency medical services and to administer or arrange first aid, CPR, or automated external defibrillation if they deem it necessary, and I accept the risks associated with delayed or unsuccessful emergency response. This authorization does not obligate DexaFit Central Jersey to provide medical care of any kind.

16. Clients Under 18 (Minors)

We may provide Services to a client under 18 years of age only where a parent or legal guardian (a) is physically present at the appointment, (b) has personally signed this Agreement on the minor's behalf and in his or her own capacity, and (c) for any DXA scan, has provided a valid practitioner order for that minor. We may decline to serve any minor for any lawful reason.

The parent or legal guardian agrees, represents, and acknowledges that:

he or she has the legal authority to consent to the Services on the minor's behalf and has consented to them voluntarily and with full knowledge of the risks described in this Agreement;
he or she has read Sections 3 and 7 through 12 to the minor or otherwise explained the risks in an age-appropriate way;
he or she releases, in his or her own individual capacity, any claim he or she personally may have against the Released Parties for ordinary negligence, including derivative claims for medical expenses, loss of services, and loss of consortium; and
he or she agrees, on his or her own behalf and on the minor's behalf, that any dispute will be resolved by individual arbitration as provided in Section 25.

New Jersey law does not permit a parent or guardian to release, waive, or extinguish a minor child's own prospective claims for personal injury before an injury occurs. Nothing in this Agreement does so, and we do not assert otherwise. The minor's own claims for personal injury are preserved. Similarly, no parent or guardian is required to indemnify us against the minor's own personal-injury claims, and Section 21 does not apply to such claims.

17. Facility Policy, Conduct, and Access

Guests, children, and animals are welcome. You may bring a guest, a child, or a pet to your appointment. Our testing areas are compact and some tests require sustained concentration and physical exertion, so we ask that you let us know in advance when you can, and that anyone accompanying you wait in the reception area during testing unless staff invite them in. Two clients scheduled back-to-back may enter together.

Safety conditions that apply to everyone. The following rules exist for the safety of your companions and the accuracy of your results, and are not discretionary:

Radiation safety. Only the client being scanned and required personnel may be present in the DXA room during an exposure. No child, guest, or animal may be in the DXA room during an exposure, and no person who is or may be pregnant may be in the room during an exposure. Anyone present in the room at any other time must follow all shielding and positioning instructions given by the technologist.
Supervision of children. A child who accompanies you remains your responsibility at all times and must be supervised. Treadmills, exercise bikes, cabling, gas-analysis hardware, and imaging equipment are not safe for unattended children, and our staff cannot supervise a child while conducting your test.
Animals. An animal you bring must be leashed, harnessed, or crated and under your control at all times, must be housebroken, and may not be on the testing floor while a treadmill or bike is in use or in the DXA room during an exposure. You are responsible for any damage or injury your animal causes.
Service animals. A service animal accompanying a person with a disability is permitted throughout the facility to the extent required by the Americans with Disabilities Act and the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., subject only to the radiation-safety limitation above. Please notify us in advance so we can prepare the testing area.
Support persons and reasonable accommodations. A person who requires an interpreter, aide, or support person because of a disability or limited English proficiency may bring that person. We will make reasonable modifications to our policies where required by law. Contact us at centraljersey@dexafit.com or (908) 291-3533 to arrange an accommodation.
Chaperones. You may request that a staff chaperone be present during any portion of your visit, at no charge.

If a guest, child, or animal becomes disruptive or creates a safety concern, we may ask that they wait in the reception area or, if necessary, leave the premises. We will work with you to complete your appointment. If the situation makes it genuinely impossible to complete the appointment safely, we may reschedule it; we will not charge a late-cancellation fee in that circumstance unless you decline a reasonable alternative we offer.

Conduct. You agree to follow all posted rules and staff instructions, to treat staff and other clients with respect, and not to photograph, record, or livestream in the testing or changing areas. We may refuse or end a Service, and may remove you from the premises, for conduct that is unsafe, harassing, abusive, or disruptive.

18. Cancellation, Rescheduling, and Late Arrival

DexaFit Central Jersey is an appointment-based facility, and a missed or late-cancelled appointment cannot be resold to another client. If you cannot attend, please notify us at least 24 hours before your scheduled start time so that the time slot can be released to someone else.

Cancellation or rescheduling with at least 24 hours' notice: no charge.
Cancellation or rescheduling with less than 24 hours' notice, or a no-show: a late-cancellation fee of $75 per scheduled test applies, subject to the terms below.
Late arrival. If you arrive more than 10 minutes after your scheduled start time, we may, at our discretion, shorten your session or reschedule it; a rescheduled appointment in these circumstances is treated as a late cancellation. If you arrive more than 10 minutes late without notifying us, we may cancel the appointment.
Unprepared or declined tests. If you arrive not having followed the preparation instructions provided to you (for example, fasting or hydration requirements), or you decline to proceed with a scheduled test after arrival, the late-cancellation fee applies to that test.
No practitioner order. If a DXA scan is scheduled and no valid practitioner order has been received by the time of your appointment, we cannot lawfully perform the scan. We will attempt to reach you in advance; if we are unable to do so, the appointment will be cancelled and the late-cancellation fee applies.

Reasonable estimate of loss. You and we agree that the actual damage caused by a late cancellation or no-show — including the unrecoverable cost of the reserved appointment slot, staffing, and equipment preparation — is difficult to determine precisely, and that $75 per test is a reasonable advance estimate of that loss and not a penalty. In no event will the fee exceed the price of the test that was scheduled.

Waiver for good cause. We may waive the late-cancellation fee in our discretion, and we will normally do so for a documented medical emergency, hospitalization, bereavement, severe weather, or similar circumstance beyond your control. Contact us at centraljersey@dexafit.com.

Application to prepaid appointments and packages. For a prepaid appointment or package, the $75 fee will be deducted from your prepayment, and any remaining credit for that appointment may be applied to your next visit; alternatively, at our election, the missed test will be deducted from your package. We will not charge you twice for the same missed appointment.

19. Financial Responsibility and Payment Authorization

Financial responsibility. I accept full financial responsibility for all charges for Services provided to me and, where I have booked them, to my family members or other persons for whom I am authorized to contract.

Card on file. I represent that I am the cardholder or an authorized user of any payment method I provide, and that the information I provide is true, correct, and complete. I authorize DexaFit Central Jersey to charge the payment method on file for: (i) the purchase price of Services I book or receive; (ii) late-cancellation and no-show fees under Section 18; and (iii) applicable taxes. I may remove or change my payment method at any time by contacting us, and I may revoke this authorization prospectively at any time in writing, which will not affect charges already incurred. Payment card data is processed and stored by a third-party payment processor; DexaFit Central Jersey does not store your full payment card number.

Failed charges. If we are unable to charge the payment method on file, any amount owed is due immediately and, if it remains unpaid, may be referred for collection to the extent permitted by law. We may decline to schedule or honor future appointments while a balance remains unpaid.

Chargebacks. I agree to contact DexaFit Central Jersey first to attempt to resolve any billing concern, and not to initiate a chargeback or payment dispute except in the case of a demonstrable billing error or an unauthorized transaction.

HSA/FSA. We accept HSA and FSA cards. It is your responsibility to verify that a Service is an eligible expense under your plan. We will provide an itemized receipt on request for your reimbursement submission. We make no representation that any Service is eligible for reimbursement.

No insurance or government healthcare programs. We do not bill any private insurer, Medicare, Medicaid, TRICARE, the Indian Health Service, or any other government-funded healthcare program for the Services, and the Services are provided on a self-pay basis. If you are a beneficiary of a government-funded healthcare program, please tell us before purchasing.

20. Refunds, Packages, Gift Cards, and Promotional Codes

Except as required by law or as expressly provided in this Agreement, payments for Services are non-refundable. In particular:

No refunds are given for tests that have been performed.
Packages of Services expire 12 months from the date of purchase. Unused tests within a package are non-refundable, do not roll over beyond the expiration date, and cannot be transferred to another year.
We do not send reminders about unused tests. You are responsible for tracking and using your package before it expires. You may check your remaining balance at any time by contacting us.
Extensions. We do not routinely extend packages. We will, however, consider a written request for a reasonable extension where you were unable to use your package because of documented illness, injury, pregnancy, military deployment, relocation, or a period during which we were unable to provide the Services. Requests should be sent to centraljersey@dexafit.com before or within 30 days after expiration.

Gift certificates and gift cards do not expire in 12 months. The 12-month package expiration above does not apply to gift certificates or gift cards. Consistent with N.J.S.A. 56:8-110, the funds underlying any gift certificate or gift card we sell will not expire within 24 months following the date of sale, and we will not charge a dormancy fee within that period.

Promotional and discount codes. Voucher codes, gift cards, and discount codes must be applied at the time of scheduling. If you have difficulty applying a code, contact us at (908) 291-3533 before completing your booking. If you have already paid in full, we cannot retroactively apply a code as a refund, but we will apply its value to your next appointment.

Refunds we do give. If we cancel a Service without cause, are unable to perform a Service you have paid for, or make a billing error, you may elect a refund to your original payment method or a credit. Nothing in this Section limits any non-waivable refund or cancellation right provided by New Jersey law, including any right described in Section 26.

21. Indemnification

To the fullest extent permitted by law, you 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: your misrepresentation or omission of any material fact, including any failure to disclose a pregnancy, medical condition, or implant; your misuse of or over-reliance on test results; your breach of this Agreement; your violation of applicable law or the rights of a third party; or damage you cause to our premises or equipment. This obligation does not apply to the extent the claim is caused by a Released Party's negligence, gross negligence, recklessness, willful misconduct, or fraud, and does not apply to a minor's own claims as described in Section 16. 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.

22. 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 GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO DEXAFIT CENTRAL JERSEY FOR THE SERVICE GIVING RISE TO THE CLAIM AND (B) $500. 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.

THIS LIMITATION DOES NOT APPLY TO, AND WE DO NOT SEEK TO LIMIT, LIABILITY FOR GROSS NEGLIGENCE, RECKLESSNESS, WANTON OR WILLFUL MISCONDUCT, INTENTIONAL WRONGDOING, OR FRAUD, OR ANY OTHER LIABILITY THAT NEW JERSEY LAW DOES NOT PERMIT TO BE LIMITED. SEE SECTION 26.

23. Privacy, Health Information, and Records

Privacy Policy and Notice of Privacy Practices. Your personal information is collected and handled in accordance with our Privacy Policy and, where applicable, our Notice of Privacy Practices, each available at our facility and on our website and incorporated into this Agreement by reference. By using the Services, you confirm you have had the opportunity to review them.

Use and disclosure of your health information. We use and disclose your health information for treatment (including sharing your study and report with the ordering practitioner, the interpreting practitioner, and any provider you designate), for payment, and for our healthcare operations, in accordance with applicable law. We will not use or disclose your health information for marketing, or sell it, without your separate written authorization. You may request a restriction on how your information is used or disclosed; we are not required to agree to a requested restriction, but if we do agree, we will be bound by that agreement except in an emergency.

Authorization to release information to you and to others. You authorize us to release your health and fitness information to you, and to any party you designate in writing, by secure email, mail, or through your account on the DexaFit platform. You may revoke this authorization at any time in writing to centraljersey@dexafit.com, except to the extent we have already acted in reliance on it. Please note that ordinary email is not a secure medium; if you ask us to send results by unencrypted email, you accept the associated risk of interception.

Access to your records and retention. You may request a copy of your records by writing to us. We will provide the copy within 30 days. Consistent with N.J.A.C. 13:35-6.5, we may charge no more than $1.00 per page or $100 for the entire record, whichever is less (and no more than $10 for a record of 10 pages or fewer), and for imaging and other material that cannot be photocopied, the actual cost of duplication plus an administrative fee of the lesser of $10 or 10% of the cost of reproduction. We retain records for the periods required by New Jersey law.

Platform transmission. Your assessment data is transmitted to the DexaFit platform operated by DexaFit Corporate to generate your results and reports, and DexaFit Corporate's handling of that data is governed by its privacy policy at dexafit.com/privacy. You understand that no electronic transmission or storage is completely secure, and that DexaFit Central Jersey is not responsible for unauthorized access or disclosure resulting from factors beyond its reasonable control, including third-party systems or your own devices and accounts.

De-identified and aggregated data. You grant us permission to create and use de-identified and aggregated data derived from your records for quality assurance, benchmarking, product improvement, statistical, and scientific purposes. De-identified data does not identify you and cannot reasonably be used to identify you. You acquire no ownership, royalty, or compensation rights in any research, product, or technology developed using de-identified or aggregated data, and you waive any such claim.

Research using identifiable information — separate authorization required. We will not review, use, or disclose your identifiable records to determine your eligibility for a clinical study, contact you about a study, or share your records with any researcher or third party for research purposes unless you sign a separate written research authorization. That authorization is voluntary, is not a condition of receiving any Service, and may be revoked in writing at any time. Signing these Terms & Conditions does not authorize research use of your identifiable information.

Scan imagery and quality assurance. You consent to our capturing, storing, and reviewing scan imagery and related visual data generated during your visit for clinical, operational, quality-assurance, and staff-training purposes, handled in accordance with our Privacy Policy. We will not use any image of you in advertising or on social media without your separate written consent.

24. Communications Consent

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). You authorize DexaFit Central Jersey and DexaFit Corporate 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 or pre-recorded or prewritten messages, for: appointment confirmations, reminders, preparation instructions, and follow-ups; results notifications; 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, results-related, promotional, newsletter, referral, and marketing emails from DexaFit Central Jersey 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, or by contacting us at centraljersey@dexafit.com. After opting out of marketing messages, you may still receive non-marketing transactional messages related to your appointments and results.

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 customary user of the mobile number and email provided; you are 18 or older (or the parent or guardian of a minor client); you have read and voluntarily provide express written consent to the communications described above; and you have reviewed the Privacy Policy.

F. Number changes and reassignment. You confirm that you will notify us if you change or relinquish the mobile number you provide. To the fullest extent permitted by law, you release DexaFit Central Jersey 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.

25. Dispute Resolution; Binding Individual Arbitration; Class-Action and Jury Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. BY AGREEING TO THIS SECTION, YOU AND WE ARE EACH GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND ARE AGREEING INSTEAD TO RESOLVE DISPUTES BEFORE A NEUTRAL ARBITRATOR. YOU MAY OPT OUT OF THIS SECTION WITHIN 30 DAYS — SEE PARAGRAPH (H).

(a) Plain-English explanation. Ordinarily, if you have a dispute with us, you would have the right to file a lawsuit in a New Jersey court and to have a judge or a jury decide it. By agreeing to this Section, instead of suing in court, you and we each agree to resolve disputes only by individual arbitration. Arbitration is different from court: there is no judge and no jury, the procedures are simpler, discovery is more limited, and an arbitrator's decision is final and subject to only very limited review. An arbitrator can award you the same individual damages and relief that a court could, including any relief available under the New Jersey Consumer Fraud Act, and must honor the same limitations stated in this Agreement that a court would. You are giving up your right to a trial by jury and your right to participate in a class action.

(b) 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. Notice to us: Spartan Kismet LLC d/b/a DexaFit Central Jersey, 665 Martinsville Rd, Unit 22b, Basking Ridge, New Jersey 07920, Attn: Legal, and centraljersey@dexafit.com.

(c) Agreement to arbitrate. If the dispute is not resolved within 30 days, you and DexaFit Central Jersey (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 the Telephone Consumer Protection Act, the New Jersey Consumer Fraud Act, and the Truth-in-Consumer Contract, Warranty and Notice Act), or otherwise — will be resolved exclusively by final and binding individual arbitration, except as stated in paragraph (g). This agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If the FAA is held not to apply to any dispute, the arbitration will be governed by the New Jersey Arbitration Act, N.J.S.A. 2A:23B-1 et seq.

(d) Class-action and representative-action waiver; jury waiver. You and DexaFit Central Jersey 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 Central Jersey each knowingly and voluntarily waive any right to a trial by jury.

(e) Administration and rules. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect (not the Commercial Rules), before a single arbitrator, seated in Somerset County, New Jersey, or, at your election, conducted by telephone, videoconference, or on written submissions. The arbitrator may award the same relief a court could on an individual basis, including statutory damages and attorneys' fees where a statute provides for them. Fee allocation follows the AAA Consumer Rules, and where those rules require, DexaFit Central Jersey will pay arbitration fees beyond the consumer's portion.

(f) 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.

(g) 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.

(h) Right to opt out. You may opt out of this arbitration agreement, without affecting any other provision of this Agreement, by sending written notice within 30 days of first accepting this Agreement to centraljersey@dexafit.com or to the mailing address in paragraph (b), stating your name and your intent to opt out. If you opt out, disputes will be resolved in court as provided in Section 27.

(i) Mass or 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.

(j) 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.

26. Provisions Applicable to New Jersey Consumers

This Agreement is offered to consumers in New Jersey and is intended to comply with the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 et seq. The statements in this Section identify which provisions of this Agreement are and are not void, unenforceable, or inapplicable in the State of New Jersey. This Section controls over any general or contrary language elsewhere in this Agreement.

(a) Release of liability (Section 14). The release of ordinary negligence IS enforceable in New Jersey. The release is NOT enforceable in New Jersey, is not asserted, and does not apply, as to any claim arising from gross negligence, recklessness, wanton or willful misconduct, intentional wrongdoing, or fraud.
(b) Limitation of liability (Section 22). The limitation of liability and exclusion of damages ARE enforceable in New Jersey as to claims of ordinary negligence and contract. They are NOT enforceable in New Jersey, are not asserted, and do not apply, as to gross negligence, recklessness, wanton or willful misconduct, intentional wrongdoing, or fraud, or as to any statutory remedy that New Jersey law does not permit to be limited.
(c) Indemnification (Section 21). The indemnification obligation is NOT enforceable in New Jersey, and is not asserted, to the extent it would require you to indemnify a Released Party for that party's own negligence, gross negligence, recklessness, or willful misconduct.
(d) Minors (Section 16). A pre-injury release of a minor's own personal-injury claims executed by a parent or guardian is VOID and unenforceable in New Jersey, and no provision of this Agreement releases, waives, or limits a minor's own claims. A parent's or guardian's agreement to arbitrate on a minor's behalf IS enforceable in New Jersey.
(e) Consumer statutes. Nothing in this Agreement waives, limits, or disclaims any right or remedy available to you under the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., the Truth-in-Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 et seq., or any other New Jersey consumer protection statute, and any such purported waiver would be void.
(f) Gift certificates and gift cards. The funds underlying any gift certificate or gift card we sell will not expire within 24 months following the date of sale, and no dormancy fee will be charged within that period, as required by N.J.S.A. 56:8-110. Any contrary expiration provision in this Agreement is inapplicable in New Jersey.
(g) Health club services. If and to the extent that any package, membership, or prepaid series of Services you purchase constitutes a "health club services contract" under the New Jersey Health Club Services Act, N.J.S.A. 56:8-39 et seq., you have the rights that Act provides — including the right to cancel the contract at any time before midnight of the third operating day after you receive a copy of it, with a full refund of all monies paid within 30 days of our receipt of your notice of cancellation, and the cancellation rights that Act provides on death, disability, relocation, or closure of the facility. Those rights supersede any contrary provision of Section 20 of this Agreement.
(h) Time to bring claims (Section 27). The one-year contractual limitations period does NOT apply in New Jersey to any claim for which New Jersey law prohibits contractual shortening of the limitations period, including any claim brought under a New Jersey statute that fixes its own limitations period and any claim of a minor, as to which the limitations period is tolled as provided by N.J.S.A. 2A:14-21.
(i) Personal injury claims of a minor. Nothing in this Agreement shortens, waives, or otherwise affects a minor's right to bring a personal-injury claim within the period allowed by New Jersey law.

27. Governing Law; Venue; Time to Bring Claims; Severability

Governing law. This Agreement is governed by the laws of the State of New Jersey, excluding its conflict-of-laws rules.

Venue. Subject to Section 25, any action that proceeds in court will be brought exclusively in the Superior Court of New Jersey, Somerset County, or the United States District Court for the District of New Jersey, and you consent to their jurisdiction.

Time to bring claims. Except as provided in Section 26(h) and (i), and 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, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed; the remainder of the Agreement remains in full force and effect; 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 under New Jersey law. Section 26 identifies the specific provisions that are and are not enforceable in New Jersey.

28. Refusal, Suspension & Termination

In addition to Section 2, DexaFit Central Jersey may refuse, suspend, or terminate any Service or your access to the Services at any time, at its sole discretion, for safety, clinical, operational, eligibility, non-payment, suspected fraud, or other lawful reasons, without liability other than the refund or credit described in Section 2. Provisions that by their nature should survive — including the assumption of risk, release, indemnification, limitation of liability, privacy, arbitration, New Jersey-specific provisions, and governing-law provisions — survive termination.

29. Force Majeure

DexaFit Central Jersey 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, cyber attacks, and utility, internet, network, equipment, or supply failures. Where such an event prevents us from providing a Service you have paid for, we will extend your package or issue a credit or refund.

30. Changes to These Terms

DexaFit Central Jersey may modify these Terms prospectively only. The version in effect at the time of your booking governs that transaction. Where a change is material, we will provide notice by email or at your next appointment and will obtain your acceptance before providing further Services.

31. Entire Agreement

This Agreement, together with the Privacy Policy, the Notice of Privacy Practices, the Website Terms of Use, and any separate authorization or consent you sign, constitutes the entire agreement between you and DexaFit Central Jersey 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 Central Jersey may assign it. This Agreement binds permitted successors and assigns.

Spartan Kismet LLC d/b/a DexaFit Central Jersey · 665 Martinsville Rd, Unit 22b, Basking Ridge, NJ 07920 · (908) 291-3533 · centraljersey@dexafit.com