DEXAFIT MANKATO TERMS & CONDITIONS

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

Baseline Group Inc. d/b/a DexaFit Mankato

1651 Commerce Drive, Suite 200
North Mankato, MN 56003
507-445-6648
mankato@dexafit.com

Last Modified: 8/17/2026

IMPORTANT LEGAL NOTICE — READ CAREFULLY

THIS AGREEMENT CONTAINS AN INFORMED CONSENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND 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 Mankato. These Terms & Conditions (the “Terms,” “Agreement,” or “Terms & Conditions”) govern your purchase and use of the in-person wellness assessment, fitness testing, recovery, and related services provided by Baseline Group Inc. d/b/a DexaFit Mankato (“DexaFit Mankato,” the “Company,” “we,” “us,” or “our”).

DexaFit Mankato is an independently owned and operated business that licenses the DexaFit® trademark, technology, software platform, and related systems 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 the DexaFit Mankato location.

“Services” has the meaning provided 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 applicable Privacy Policy, which are incorporated by reference. If there is a conflict between these Terms and the Website Terms of Use concerning the in-person Services, these Terms govern.

Your use of the DexaFit software platform, mobile applications, digital reports, and other services operated by DexaFit Corporate may also be governed by DexaFit Corporate’s own Terms of Service and Privacy Policy.

1. Acceptance and Eligibility

To purchase or use the Services, you must be at least 18 years old and legally able to enter into a binding contract.

By booking, paying for, receiving Services, electronically signing, checking a box, clicking “I Agree,” or otherwise accepting this Agreement, you acknowledge that you have read, understand, and agree to these Terms and represent that you are at least 18 years old.

If you do not agree to these Terms, do not purchase or use the Services.

DexaFit Mankato may require you to review and accept additional disclosures, acknowledgments, questionnaires, preparation instructions, or consents applicable to a particular Service.

2. Scope of Services / No Medical Care

DexaFit Mankato provides non-medical fitness, wellness, body-composition, metabolic, performance-testing, recovery, and data-collection services, which may include, without limitation:

• DXA/DEXA body-composition scanning;

• bone-health and bone-density information generated through DXA technology;

• VO₂ Max and cardiorespiratory fitness testing;

• Resting Metabolic Rate (“RMR”) testing;

• red light therapy;

• explanations of test reports and measurements;

• fitness and wellness education; and

• related informational services.

Collectively, these are referred to as the “Services.”

DexaFit Mankato does not practice medicine and does not diagnose, treat, cure, mitigate, prevent, prescribe for, or provide medical advice concerning any disease, illness, injury, or medical condition.

Nothing provided by DexaFit Mankato is intended to replace evaluation, diagnosis, treatment, or advice from a licensed healthcare provider.

All test results, reports, scores, measurements, explanations, educational materials, and other information provided through the Services are intended for informational, educational, fitness, and general-wellness purposes only.

Where an assessment requires authorization or an order from a licensed healthcare professional, such authorization does not by itself create a physician-patient or treatment relationship between you and DexaFit Mankato or its staff.

DexaFit Mankato may refuse, pause, discontinue, reschedule, or terminate a Service at any time when staff reasonably determine that doing so is appropriate for safety, eligibility, equipment, operational, behavioral, payment, or other lawful reasons.

3. General Wellness Disclaimer

The Services are intended to support general fitness, wellness, body-composition awareness, metabolic awareness, cardiovascular fitness, recovery, performance, and health education.

The Services are not designed or intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.

Information obtained through the Services should not be relied upon as a substitute for medical advice, diagnosis, treatment, or professional medical judgment.

You should discuss results that concern you, appear abnormal, or raise questions about your health with an appropriately licensed healthcare provider.

Always consult a licensed healthcare provider regarding medical concerns and before making medical decisions based upon information obtained through the Services.

If you believe you are experiencing a medical emergency, call 911 or seek emergency medical care immediately.

4. Relationship With DexaFit Corporate; Independent Operator

DexaFit Mankato is an independently owned and operated licensed operator of the DexaFit brand and platform.

DexaFit Corporate’s role may include licensing the DexaFit trademark, brand, software, analytics, reporting systems, and other technology used in connection with the Services.

You purchase the in-person Services from Baseline Group Inc. d/b/a DexaFit Mankato, not from DexaFit Corporate.

Any claim or concern specifically relating to the provision of in-person Services, premises, equipment, or conduct at the DexaFit Mankato location should be directed to DexaFit Mankato.

Nothing in this Agreement creates a medical-provider, employment, partnership, or joint-venture relationship between you and DexaFit Corporate.

5. Source of Metrics

Physiological data underlying your results—including body composition, bone-related measurements, VO₂ Max, metabolic information, resting metabolic rate, heart-rate responses, and related measurements—may be generated by third-party devices, software, algorithms, and analytics systems.

These technologies are designed, manufactured, developed, or supported by their respective manufacturers or developers.

DexaFit Mankato does not control the underlying design or inherent technical accuracy of third-party equipment, software, algorithms, reference datasets, or analytics platforms.

Measurement accuracy and reliability may depend upon factors including:

• proper equipment operation;

• calibration;

• quality-control procedures;

• device and software settings;

• testing protocol;

• environmental conditions;

• client preparation;

• positioning;

• technician procedures; and

• biological variability.

DexaFit Mankato maintains and operates its equipment in accordance with applicable manufacturer guidance, training requirements, and applicable law.

6. DXA/DEXA Scans & Low-Dose X-Ray Acknowledgment

I voluntarily consent to the use of a DXA/DEXA scanner as part of my testing.

I understand that DXA technology uses low-dose X-rays and exposes me to a small amount of ionizing radiation.

I understand that I may discuss radiation exposure, the appropriateness of DXA testing for me, and any associated risks with my physician or another qualified healthcare provider before undergoing testing.

I affirm that:

• I do not weigh more than 350 pounds;

• I am not pregnant;

• if I am pregnant or suspect that I may be pregnant, I will not undergo DXA scanning and will immediately inform DexaFit Mankato staff;

• I will disclose information requested by staff concerning implanted devices, recent imaging procedures, contrast studies, medical procedures, physical limitations, or other factors that may affect testing eligibility, safety, or accuracy; and

• I will follow all staff instructions relating to DXA testing.

I understand that DexaFit Mankato may decline or postpone DXA testing if staff believe that I may not safely or appropriately undergo the assessment.

7. Results Are Estimates — No Guarantee of Accuracy

I expressly acknowledge, understand, and agree that results provided through DXA, VO₂ Max, RMR, software analytics, calculated scores, comparison datasets, and related Services are measurements, calculations, estimates, or interpretations and are not guaranteed to be perfectly exact or error-free.

Results may be affected by numerous factors, including:

• hydration status;

• recent food or fluid intake;

• time of day;

• recent exercise or physical activity;

• body positioning;

• clothing or external objects;

• technician technique;

• region-of-interest placement;

• testing protocol;

• software algorithms and assumptions;

• equipment calibration or maintenance;

• environmental conditions;

• medications;

• biological variability;

• normal physiological fluctuation;

• known or unknown health conditions; and

• changes in body composition, metabolism, or fitness over time.

I understand that no testing method is error-free and that results obtained using different testing methods, devices, facilities, protocols, or software may differ.

I understand that a change between two tests does not necessarily mean that an identical amount of actual physiological change has occurred.

Results represent information obtained at a particular point in time and may become less representative of my present condition as my body, health, fitness, behaviors, or circumstances change.

8. Acknowledgment of Risk From Misuse or Misinterpretation of Data

I understand that test results and wellness information may be misunderstood, misinterpreted, over-relied upon, or applied improperly.

Improper use of fitness, metabolic, body-composition, cardiovascular, or wellness information may contribute to injury, illness, overtraining, under-fueling, inappropriate dietary restriction, worsening of an existing condition, delayed medical care, or other harm.

I acknowledge that decisions I make regarding:

• exercise;

• training intensity or volume;

• nutrition;

• calorie intake;

• weight loss;

• supplementation;

• medications;

• lifestyle modification; or

• medical treatment

remain my responsibility.

DexaFit Mankato may explain test results and provide general educational and wellness information, but DexaFit Mankato does not prescribe medical treatment, medication changes, supplementation, medical nutrition therapy, or treatment for disease.

I understand that my results may be unexpected or unwelcome and may produce a strong emotional response. I accept responsibility for how I use that information and for seeking appropriate professional assistance when needed.

9. VO₂ Max, RMR & Physical Exertion Testing

I understand that VO₂ Max and certain other testing may involve strenuous physical exertion and may require use of a treadmill, stationary bicycle, or other exercise equipment.

Testing may require me to exercise at increasing intensity and potentially to or near my physical limit.

I understand that a physician may not be present on-site.

Testing may involve equipment including:

• breathing masks;

• mouthpieces;

• nose clips;

• breathing hoses;

• heart-rate monitors;

• straps;

• cables; and

• sensors.

I understand that mounting, dismounting, walking, running, pedaling, changing speed, resistance, or incline, exercising while fatigued, and wearing testing equipment may create risks including:

• loss of balance or coordination;

• slipping;

• tripping;

• stumbling;

• falling;

• being thrown or propelled from exercise equipment;

• collision with equipment or surroundings; and

• physical injury.

I agree to:

• follow all staff instructions;

• use equipment only as directed;

• wear appropriate clothing and athletic footwear;

• disclose concerns that could affect my safety;

• ask questions if I do not understand an instruction; and

• immediately stop testing and notify staff if I feel unwell, dizzy, lightheaded, unstable, excessively short of breath, experience pain, or believe that I cannot safely continue.

I confirm that I have the opportunity to ask questions before proceeding and voluntarily choose to participate.

10. Specific Risks — Including Serious Injury or Death

I acknowledge that participation in the Services and my presence at or use of DexaFit Mankato’s premises involve known and unknown risks, including, without limitation:

• loss of balance or coordination;

• slipping, tripping, stumbling, or falling;

• falling onto or off exercise equipment;

• being propelled or ejected from a treadmill, bicycle, or other equipment;

• entanglement or obstruction involving masks, mouthpieces, hoses, cables, straps, or sensors;

• collision with equipment, walls, fixtures, furniture, or other persons;

• equipment malfunction, failure, misuse, or sudden movement;

• muscle strains;

• sprains;

• ligament or tendon injuries;

• dislocations;

• fractures;

• cuts, abrasions, bruising, or impact injuries;

• dizziness;

• lightheadedness;

• fainting;

• dehydration;

• nausea;

• vomiting;

• cramping;

• heat-related or exertional illness;

• abnormal blood-pressure responses;

• heart-rhythm disturbances;

• breathing difficulties;

• chest discomfort;

• heart attack;

• stroke;

• cardiac arrest;

• aggravation of a known or unknown medical condition;

• disability;

• property damage;

• serious injury; and

• death.

I understand that cardiovascular and other adverse events may occur unexpectedly, including in people who appear healthy.

I understand that risks may arise from my own actions or condition, the actions of others, exercise or testing equipment, environmental or premises conditions, or the acts or omissions of DexaFit Mankato or others.

11. No Medical Screening / Client Responsibility

I understand that DexaFit Mankato does not provide comprehensive medical screening, cardiovascular risk stratification, diagnostic cardiac stress testing, or medical clearance.

I am responsible for determining whether I should obtain medical clearance before participating in a Service.

I understand that I should consult a licensed healthcare provider before undergoing strenuous testing if I have concerns regarding my health or my ability to safely participate.

I agree to immediately stop testing and notify staff if I experience:

• chest pain;

• unusual shortness of breath;

• dizziness;

• faintness;

• significant discomfort;

• unusual weakness;

• abnormal symptoms; or

• any other condition that causes concern.

I represent that I have disclosed information requested by DexaFit Mankato concerning known medical conditions, medications, implants, physical limitations, or other factors that may affect testing safety or accuracy.

I assume responsibility for the consequences of failing to disclose relevant information.

12. Voluntary Participation & Assumption of Risk

I knowingly and voluntarily choose to participate in the Services.

I understand that participation is voluntary and that I may decline or discontinue testing.

To the fullest extent permitted by applicable law, I voluntarily and knowingly assume all risks, whether foreseeable or unforeseeable, known or unknown, arising from my participation in the Services or my presence at or use of DexaFit Mankato’s premises.

These risks include risks arising from:

• physical exertion;

• DXA scanning;

• exercise equipment;

• slips, trips, and falls;

• use, misuse, condition, or failure of equipment;

• premises conditions;

• actions of other persons;

• reliance upon or interpretation of test data; and

• the ordinary negligence of the Released Parties identified in Section 13.

I confirm that my participation is entirely voluntary and that I am proceeding of my own free will with knowledge of these risks.

13. Release of Liability & Covenant Not to Sue

To the fullest extent permitted by Minnesota law, I hereby waive, release, discharge, and covenant not to sue Baseline Group Inc. d/b/a DexaFit Mankato and its owners, officers, employees, contractors, agents, and representatives, together with DexaFit Corporate and its applicable owners, officers, employees, and agents (collectively, the “Released Parties”) for claims, demands, damages, losses, or expenses arising out of or relating to:

• my participation in the Services;

• my presence at or use of DexaFit Mankato’s premises;

• injury;

• illness;

• disability;

• property damage;

• death; and

• the ordinary negligence of the Released Parties,

to the fullest extent such claims may lawfully be released.

This release does not apply to claims arising from gross negligence, willful or intentional misconduct, fraud, or any liability that applicable law does not permit to be released or limited.

If any portion of this release or assumption of risk is determined to be overbroad, void, invalid, 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 understand that DexaFit Mankato is not a hospital, emergency department, or medical facility and that a physician may not be present.

Emergency-response times and medical outcomes cannot be guaranteed.

I authorize DexaFit Mankato staff to stop testing and contact 911 or other emergency medical services if staff reasonably believe emergency assistance is appropriate.

I understand that I may be financially responsible for ambulance services, emergency medical services, hospital treatment, or other care provided by third parties.

15. Data Privacy & Consents

My personal information and assessment data will be collected, used, transmitted, stored, and handled in accordance with applicable privacy policies and law.

I understand that assessment information generated through the Services may be electronically transmitted to the DexaFit software platform operated by DexaFit Corporate for purposes including:

• processing test data;

• calculating measurements and scores;

• generating results and reports;

• maintaining my historical testing information; and

• making my results available to me.

I understand and consent that DexaFit Corporate’s handling of information through its platform is governed by the applicable DexaFit Privacy Policy, available at dexafit.com/privacy.

I understand that electronic transmission and storage involve inherent risks and that no electronic system can be guaranteed to be completely secure.

De-Identified and Aggregated Data

To the extent permitted by law and described in applicable privacy policies, I grant permission for de-identified or aggregated information derived from my records to be used for legitimate purposes including:

• analytics;

• research;

• quality assurance;

• service improvement;

• development of reference datasets;

• assessment of eligibility for approved studies; and

• development or improvement of reports, technologies, or services.

I understand that de-identified or aggregated data does not identify me personally in the ordinary course of such use.

I understand that I acquire no ownership, royalty, or compensation rights in research, products, technologies, reference datasets, or services that may be developed using lawfully de-identified or aggregated information.

Scan Imagery & Operational Use

I consent to DexaFit Mankato capturing, storing, transmitting, and reviewing scan imagery, body-composition images, testing data, and related visual information as reasonably necessary to:

• perform the Services;

• generate results;

• perform quality assurance;

• obtain technical support;

• maintain equipment and software; and

• provide appropriate staff training.

Nothing in this section authorizes DexaFit Mankato to use identifiable photographs, videos, testimonials, or other identifiable images of me for public advertising, marketing, or social media without any additional consent required by applicable law or DexaFit Mankato policy.

16. Communications Consent & Authorization

A. Appointment and Transactional Communications

By providing my telephone number or email address, I authorize DexaFit Mankato and service providers acting on its behalf to contact me regarding my booking, transaction, or Services.

Such communications may include:

• appointment confirmations;

• appointment reminders;

• testing-preparation instructions;

• scheduling changes;

• receipts;

• report availability;

• follow-up communications; and

• customer-service communications.

B. Marketing Text Messages

Where I separately provide any consent required by applicable law to receive marketing SMS or MMS messages, I may receive promotional communications relating to DexaFit Mankato services, offers, events, referral programs, loyalty programs, or similar information.

Consent to receive marketing text messages is not a condition of purchasing any goods or Services.

Message frequency may vary. Message and data rates may apply.

I may reply STOP to discontinue marketing text messages and HELP for assistance.

C. Email Communications

By providing my email address, I may receive communications relating to my appointment or transaction.

Where permitted by applicable law, DexaFit Mankato may also send newsletters, promotional information, service announcements, events, educational information, and other marketing communications.

Marketing emails will provide an appropriate method to unsubscribe.

D. Opt-Out Rights

I may withdraw consent to marketing communications using the opt-out method provided in the communication or by contacting:

mankato@dexafit.com

Opting out of marketing communications does not prevent DexaFit Mankato from sending necessary non-marketing or transactional communications concerning an existing appointment, transaction, or Service.

E. Mobile Number Responsibility

I confirm that I am the subscriber, account holder, customary user, or authorized user of any telephone number I provide.

I agree to notify DexaFit Mankato if I discontinue, change, or relinquish a telephone number associated with my account.

Mobile carriers are not liable for delayed or undelivered messages.

DexaFit Mankato will not sell or share mobile opt-in information or text-message consent with third parties for those third parties’ independent marketing purposes except as otherwise permitted by applicable law and disclosed in applicable privacy policies.

17. Financial Responsibility; Cancellation, Rescheduling & No-Shows

I accept financial responsibility for Services that I purchase.

Cancellation, Rescheduling & No-Show Policy

I may cancel or reschedule my appointment up to 24 hours before my scheduled appointment time.

If I cancel at least 24 hours before my scheduled appointment, I will receive a full refund of the amount paid, less applicable credit-card processing and/or booking fees.

Cancellations made within 24 hours of the scheduled appointment time and no-shows are non-refundable.

If I arrive late, DexaFit Mankato may, at its discretion and depending upon available appointment time and testing requirements:

• perform only the Services that can safely and appropriately be completed;

• shorten the appointment where appropriate; or

• require that some or all Services be rescheduled.

Except as otherwise provided in this section or required by law, payments are non-refundable.

Nothing in this Agreement limits any cancellation, refund, or other consumer right that cannot lawfully be waived.

Payment Authorization

I represent that payment information I provide is accurate and complete and that I am authorized to use the payment method provided.

I agree to pay charges I knowingly incur, including applicable taxes and disclosed fees.

Payments may be processed by third-party payment processors, and DexaFit Mankato may not directly store my complete payment-card information.

Insurance and Government Healthcare Programs

DexaFit Mankato does not bill Medicare, Medicaid, TRICARE, or other government-funded healthcare programs for the Services unless expressly stated otherwise.

DexaFit Mankato does not guarantee payment or reimbursement by any private insurer.

HSA/FSA

Certain Services may be eligible for purchase or reimbursement through a Health Savings Account (“HSA”) or Flexible Spending Account (“FSA”), depending upon applicable law, the individual plan, and the client’s circumstances.

I understand that DexaFit Mankato cannot guarantee HSA/FSA eligibility or reimbursement.

I am responsible for confirming eligibility and documentation requirements with my HSA/FSA plan administrator.

18. Indemnification

To the fullest extent permitted by applicable law, I agree to indemnify, defend, and hold harmless the Released Parties from third-party claims, demands, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, arising from or related to:

• a material misrepresentation or omission I make;

• my intentional failure to disclose information requested for testing safety or accuracy;

• my misuse or improper reliance upon test results;

• my breach of this Agreement;

• my violation of applicable law; or

• my violation of another person’s rights,

except to the extent caused by gross negligence, willful misconduct, fraud, or other conduct for which liability cannot lawfully be shifted.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE 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 A PARTICULAR SERVICE OR THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT PAID TO DEXAFIT MANKATO FOR THE SERVICE GIVING RISE TO THE CLAIM.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR FOR LOSS OF DATA, PROFITS, BUSINESS OPPORTUNITY, OR GOODWILL.

Nothing in this section excludes or limits liability that applicable law prohibits from being excluded or limited, including applicable liability for gross negligence, willful misconduct, or fraud.

20. Force Majeure

DexaFit Mankato will not be liable for a failure, interruption, cancellation, or delay in performance caused by circumstances beyond its reasonable control.

Such circumstances may include:

• severe weather;

• natural disasters;

• fire;

• flood;

• epidemic or pandemic;

• war;

• terrorism;

• civil unrest;

• government action;

• labor disputes;

• utility failure;

• internet or network outages;

• software-system outages;

• cyberattacks;

• equipment failure;

• supply interruption; or

• other events beyond DexaFit Mankato’s reasonable control.

When reasonably possible, DexaFit Mankato will attempt to reschedule an affected Service or provide an appropriate refund or credit consistent with applicable policies and law.

21. Refusal, Suspension & Termination

DexaFit Mankato may refuse, suspend, discontinue, or terminate a Service or access to Services when reasonably appropriate for:

• safety concerns;

• eligibility concerns;

• equipment or operational issues;

• inappropriate, threatening, abusive, or disruptive behavior;

• failure to follow reasonable staff instructions;

• non-payment;

• suspected fraud;

• suspected unlawful activity;

• violation of this Agreement; or

• other lawful reasons.

Provisions that by their nature are intended to survive termination—including assumption of risk, release of liability, payment obligations, indemnification, limitation of liability, dispute resolution, and governing-law provisions—will survive termination.

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

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

A. Informal Resolution First

Before commencing arbitration, the person or entity raising a dispute must provide written notice describing the claim and relief sought.

Notice to DexaFit Mankato must be sent to:

Baseline Group Inc. d/b/a DexaFit Mankato
Attn: Legal
1651 Commerce Drive, Suite 200
North Mankato, MN 56003

or:

mankato@dexafit.com

The parties will attempt in good faith to resolve the matter informally for 30 days after receipt of the notice before initiating arbitration unless applicable law requires otherwise.

B. Agreement to Arbitrate

If a dispute is not resolved through informal resolution, you and DexaFit Mankato—and DexaFit Corporate to the extent it is a third-party beneficiary of this provision—agree that any dispute, claim, or controversy arising out of or relating to the Services or this Agreement, whether arising in contract, tort, statute, or otherwise, will be resolved exclusively through final and binding individual arbitration, except as otherwise stated in this section.

This arbitration agreement is governed by the Federal Arbitration Act to the extent applicable.

If the Federal Arbitration Act is determined not to govern a particular dispute, applicable Minnesota arbitration law will govern to the extent permitted by law.

C. Class-Action and Representative-Action Waiver

You and DexaFit Mankato 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, to the fullest extent permitted by law.

The arbitrator may not consolidate the claims of multiple persons or preside over a class or representative proceeding except where applicable law requires otherwise.

D. Jury-Trial Waiver

You and DexaFit Mankato waive the right to a jury trial for disputes that are subject to arbitration under this Agreement.

E. Administration and Rules

Unless otherwise required by applicable law or agreed by the parties, arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules in effect when arbitration is commenced.

The arbitration will be conducted before a single arbitrator.

Unless otherwise agreed or required by applicable rules or law, arbitration will take place in Blue Earth County, Minnesota, remotely, or at another location mutually agreed upon by the parties.

Fee allocation will be governed by the applicable AAA Consumer Arbitration Rules and governing law.

The arbitrator may award the same individual relief that a court could award, subject to applicable law and this Agreement.

F. Authority of Arbitrator

Except where applicable law requires a court to make the determination, the arbitrator will have authority to resolve disputes regarding interpretation, applicability, and enforceability of this arbitration provision.

A court of competent jurisdiction will determine the enforceability of the class-action or representative-action waiver to the extent required by law.

G. Exceptions

Either party may:

• bring an eligible individual claim in small-claims court; or

• seek appropriate injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, or other rights for which court relief is legally available.

H. Right to Opt Out

You may opt out of this arbitration agreement by sending written notice within 30 days after first accepting this Agreement.

The notice must contain:

• your full name;

• sufficient information to identify your booking or account; and

• a clear statement that you wish to opt out of the arbitration agreement.

The notice must be sent to:

mankato@dexafit.com

or:

Baseline Group Inc. d/b/a DexaFit Mankato
Attn: Arbitration Opt-Out
1651 Commerce Drive, Suite 200
North Mankato, MN 56003

Opting out of arbitration will not affect any other provision of this Agreement.

I. Severability and Survival

If the class-action or representative-action waiver is found unenforceable as to a particular claim, that claim may proceed in court to the extent required by law and the remaining provisions of this section will continue to apply.

If another portion of this arbitration provision is found invalid or unenforceable, it will be severed or limited to the extent necessary, and the remainder will continue in effect to the fullest extent permitted by law.

This section survives termination of the Agreement.

23. Governing Law; Time to Bring Claims; Severability

Governing Law

This Agreement is governed by the laws of the State of Minnesota, excluding its conflict-of-laws rules, except where federal law applies.

Subject to Section 22, any action properly proceeding in court will be brought in a court of competent jurisdiction in Blue Earth County, Minnesota, or the applicable federal court having jurisdiction, unless applicable law requires otherwise.

Time to Bring Claims

To the fullest extent permitted by applicable 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 the claim accrues, unless applicable law requires or permits a longer period that cannot lawfully be shortened by agreement.

Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable, the provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in force to the fullest extent permitted by law.

Non-Waivable Rights

Nothing in this Agreement is intended to waive, limit, disclaim, or eliminate any consumer, statutory, personal-injury, or other right or remedy that applicable Minnesota or federal law does not permit to be waived, limited, disclaimed, or eliminated.

Where a provision could otherwise be interpreted to eliminate a non-waivable right, the provision will apply only to the maximum extent permitted by law.

24. Changes to These Terms

DexaFit Mankato may modify these Terms prospectively.

Unless applicable law requires otherwise, the version of these Terms in effect at the time you book or purchase a Service will govern that transaction.

A later modification will not retroactively alter rights or obligations relating to a prior transaction unless lawfully agreed by the parties.

The “Last Modified” date at the beginning of these Terms identifies the current version.

25. Entire Agreement

This Agreement, together with the applicable Privacy Policy, Website Terms of Use, service-specific disclosures, preparation instructions, and other terms expressly incorporated by reference, constitutes the agreement between you and DexaFit Mankato regarding the Services covered by these documents.

This Agreement supersedes prior oral or written representations concerning the subjects addressed by this Agreement except where applicable law provides otherwise.

DexaFit Mankato’s failure to enforce a provision does not waive its right to later enforce that provision.

Section headings are provided for convenience only and do not limit the substance of any provision.

The term “including” means “including without limitation.”

You may not assign your rights or obligations under this Agreement without DexaFit Mankato’s prior written consent except where applicable law provides otherwise.

DexaFit Mankato may assign this Agreement in connection with a lawful sale, merger, restructuring, transfer of business operations, or similar transaction.

This Agreement binds permitted successors and assigns.

26. Acknowledgment and Acceptance

BY CHECKING THE BOX, ELECTRONICALLY SIGNING, CLICKING “I AGREE,” BOOKING OR PURCHASING A SERVICE SUBJECT TO THESE TERMS, OR OTHERWISE EXPRESSLY ACCEPTING THIS AGREEMENT, I CONFIRM THAT:

• I HAVE READ THIS ENTIRE AGREEMENT;

• I UNDERSTAND THIS AGREEMENT;

• I HAVE HAD AN OPPORTUNITY TO ASK QUESTIONS BEFORE PARTICIPATING IN THE SERVICES;

• I VOLUNTARILY AGREE TO ITS TERMS;

• I UNDERSTAND THE RISKS ASSOCIATED WITH THE SERVICES;

• I VOLUNTARILY ASSUME THE RISKS DESCRIBED IN THIS AGREEMENT;

• I ACCEPT THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY DESCRIBED IN SECTIONS 12 AND 13 TO THE FULLEST EXTENT PERMITTED BY LAW;

• I UNDERSTAND THAT SECTION 22 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT, CLASS-ACTION WAIVER, AND JURY-TRIAL WAIVER, SUBJECT TO THE 30-DAY ARBITRATION OPT-OUT RIGHT;

• I UNDERSTAND THAT DEXAFIT MANKATO DOES NOT PROVIDE MEDICAL DIAGNOSIS OR TREATMENT;

• I CERTIFY THAT I AM AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT TO CONSENT; AND

• I AM ACCEPTING THESE TERMS FOR MYSELF.

Baseline Group Inc. d/b/a DexaFit Mankato
1651 Commerce Drive, Suite 200
North Mankato, MN 56003
507-445-6648
mankato@dexafit.com