Halifax spa didn’t deliver on promise to improve man’s love handles, court rules
Global News
In his decision, the adjudicator wrote that after reviewing the before and after photos, he was "unable to see any visible difference" to the man's love handles.
Did a Halifax spa deliver on its promise to make a “visible difference” to a man’s love handles through its body contouring services?
Not so, according to a Nova Scotia Small Claims Court decision, which awarded the man $3,622.50.
“It is said that beauty is in the eye of the beholder,” wrote adjudicator, Augustus M. Richardson, in the Jan. 13 decision.
“Unfortunately, the saying is not one that fits easily within the confines of contract law.”
According to the decision, the claimant, Martin Marin, purchased a package of six Emsculpt Neo Body treatments from Bodyworks Med Spa & Wellness in November 2023.
The contouring service came with a “Results Promise” that stated if a client follows the recommendations when doing their treatment plan but there is no visible difference three months following its completion, the spa will re-treat the client for free.
The decision noted that Emsculpt Neo is “a machine that transmits Radio Frequency (RF) and high intensity-focused electromagnetic (HIFEM) energies via applicators (sometimes referred to by the parties as ‘paddles’) to parts of the body.” The energy delivered, according to the spa, was intended to break down fat cells and stimulate muscle contraction.
The decision said Marin is a physically fit person who had suffered a serious stroke and was left with some balance issues.
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In his decision, the adjudicator wrote that after reviewing the before and after photos, he was "unable to see any visible difference" to the man's love handles.
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