I signed a contract with a health spa who is refusing any sort of refund, what step do I take next?
Virginia Beach, VA
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Posted 9 months ago in Contracts / Agreements
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Beach Weightloss advertises a product called Lipo Laser (Lapex 2000). This service/product is a non invasive form of fat reduction and body contouring and guarantees 1/2 to ¾ inch loss per session. My husband and I had a consultation with the Vice President and Co-Owner of this company Lisa Crawley at the end of September 2008. This was 2 months before my wedding. The manufacture of this product, Meridian Medical suggests that 8 sessions is standard for an individual to begin to see his or her desired results. During my consultation with Lisa Crawley, she had informed both my husband and I that 12 sessions was standard to see desired results, but she was absolutely sure that I would need a full 24 sessions to see the results that I personally desired. I only wanted 12 sessions, however Lisa continued to be very persistent and guaranteed that in order for me to see the results shown in the pictures she presented my husband and I with, that I would need 24 sessions. She also assured me that I was getting a military discount as I am a reservist and my husband is active duty, and proceeded to announce all of the success rates she had from so many other military members in the area. In desperation to lose these inches in time for my wedding I decided to trust the information she provided us with, and I feel that she strongly took advantage of that.
The manner of Lisa Crawley is anything but professional. I was not being monitored at all through out my sessions. I kept my own journal and measurements at home to compare with those of Beach Weightloss. I had about 3 to 4 sessions per week in the span of 1 month’s time, which was all of October 2008. During this time I had 11 sessions and 1 body wrap. I lost about 1 quarter of an inch per session, however I continued to stay at around 41 and once or twice I was at 39 and a quarter inch. I did manage to lose 3 inches during my body wrap but that was temporary and lasted all of 3 days. At my 6th session I brought this concern to Lisa herself and she acknowledged and apologized for not monitoring my progress and assured me if we tried a different method called the “Diamond” method that I would surely see the results. At my 11th session I still had not lost the inches I was promised. My last session before I went out of state for my wedding November 5th and I was emotionally distressed that the results promised to me were not delivered. I returned and had my 12th session on December 1st. I still remained at my original measurement which was 41 inches. Before my appointment I requested from Lisa personally copies of the original contract and of all my progress sheets. She acknowledged and assured me I would have them when I got out of my session. When I got ready to leave the facility Lisa was not there and one of her employees handed me a copy of the receipt and a typed up page written by Lisa herself that stated my starting measurement, that I dropped down about 3 inches (which was from the body wrap and not the Lipo Laser procedure), and that I left for a while and came back and went back up to my original measurement. When I asked for actual copies of the original contract and all of my progress I was refused and told that it was property of Beach Weightloss and I could not retain them. This was the most unprofessional act that I have ever seen or even expected for that matter, when I had already invested and enormous amount of money. My husband then tried to contact her and Lisa was incredibly rude to him and stated that we were not able to obtain a refund for a service that was not being upheld. I feel that this is a fraudulent act needs to be handled. After extensive research we found that this company violates several provisions of the Virginia Health Spa Act, Chapter 24 (59.1-294). Also found through research that this product was not even approved by the FDA until January 2009. And all of this was just submitted through the Better Business Bureau, how do I get this justified? - Is this your question? Add additional information Answers (1)David C. Garner
This attorney is licensed in California.
Posted 9 months ago.
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You are, if my read of your facts is correct, alleging a breach of contract. You are alleging that this service provider made material representations (guarantees or promises) that were made part of the contract and that they failed to deliver, thus breaching the agreement. Under the Virginia Health Spa Act, § 59.1-302. (Fraud rendering contract void) Any health spa contract entered into by the buyer upon any false or misleading information, representation, notice or advertisement of the health spa or the health spa's agents shall be void and unenforceable.
Much of this will turn on the contract you signed and the representations you can allege and prove. They are required to give you a copy pursuant to Virginia Code § 59.1-298. I would suggest making written demand on this spa for a copy of the contract you signed and your records. You might also consider making a complaint to the Health Spa Commissioner and requesting an investigation. Depending on how much you spent, I would then consider contacting an attorney. |