Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:01/08/2023

  Type:Order Issues
  Status:

  ResolvedMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Went in for my first appointment today after an initial consultation some weeks ago. She briefly went over a contract and had me sign. It wasnt until after signing that it occurred to me that the pictures taken of my naked body could be plastered up on the internet. I therefore brought it up to asked if that would be the case and she did confirm that the contract would indeed give her the right to do so. I told her that I would rather not participate in any further photography. This resulted in her refusing to provide the service altogether and me still having to pay the fee (total $2000). I ended up getting redressed, no service performed and was charged $750 of the total $2000. According to her because I had already signed the contract I have to continue to pay despite not wanting my pictures taken, and she wont do the service unless Im allowing her to take my pictures. Lastly I will note that prior to signing the contract she made it seem as though the pictures taken would be for personal review. The contract is a bit lengthy and so you definitely would have to rely on her verbal overview of what you are signing. She neglected to provide me with adequate details, and more importantly enough time to determine the details for myself.

  Business Response

  Date: 01/08/2023

  This Client came in for her initial consultation on 11/17/22 after finding us through an ad on social media. The ad was for 50% off an initial 90 minute health consultation and introductary lymphatic massage. This appointment begins with an in depth conversation about the Clients health history and goals, and the Client is then presented with a consent and terms of service document to sign. The practitioner will always hand the document to the client for signature while saying "feel free to take your time and read through this, but I will bullet it out for you. Therefore, before any photos are taken or any form of the lymphatic or red light service is performed, the Client can read the document entirely, which specifically states that we may do before and after photos and they may be used in marketing and promotional materials annonymously for Client Privacy. The Client has the opportunity to ask any questions about the service or the terms before moving on to the initial massage appointment (total value $450, price offered was $200).

  The practitioner will always explain before hand that before and afters are being taken, it is not a secret. The photo release is built in to our agreement, because we are offering a promotional discounted consultation and series in return for access and ownership of the before and after photos in order to demonstrate typical results for new clients on our website, instagram, and marketing materials. The business is purchasing these photos by offering the services to the client at 33-66% off (depending on the series). 

  There is no form of obligation for a Client to move forward with a series. A client comes in for their initial consultation, signs the release and terms of conditions form, and recieves their first hour of hands on time and their first set of before and afteres so that they can see their own results. At no point in the initial consultation did the Client bring up the photos being an issue for her, and the practitioner took her before and after photos as explained. When a consultation is over, the practitioner then shows and explains the before and after pictures to the client, and texts them a copy to keep for their own records. After the client sees their own results, the practitioner offers them the choice of "today being your only session, or moving on with a discounted series of 5-8 sessions to continue your results."

  This client then opted into moving forward with a series of 5 full body red light and lymphatic massage sessions for a promotionally discounted price of $1800 (normally priced at $3500, a continuation of the discount offered for use of the photos). She signed an internal payment plan contract and paid a deposit of $300 to schedule her appointments and hold the discount, and agreed to 2 more reoccuring payments of $750 due on her first and third appointment in the series schedules (11/26/22 and 12/10/22). The payment plan agreement, which the client willingly and consciously signed, states that deposits and payments are non refundable, and that the payments are due regardless of if the appointments are rescheduled. This payment agreement acts as internal funding, and the contract is intended to keep both parties (the business and the client) accountable to the promotional agreement and its terms.

  On 11/26/22 the Clients automatic payment declined, and the client reached out to reschedule her appointments because she was invested in the series, but was concerned about money for the holidays. The practitioner agreed to reschedule her appointments and her payment plan to begin on 1/7/23 and 1/14/23. The Client reached out before coming to her appointment on 1/7 about rescheduling her 1/14 a day forward to 1/13, and the practitioner agreed and sent a message to confirm the time. 

  On 1/7/23, the Client showed up for her appointment, and signed the contract for the red light therapy machine which explains the photos again, which was also verbally outlined a second time by the practitioner. The Client signed the document without any further questioning, and followed the instructions to get ready for her first set of before pictures for the day and the series. The photos were taken, and the practitioner and client moved to the second treatment room to begin the red light session. It wasn't until the client was getting onto the table that she asked about the photos being used on the internet, to which it was explained that is why the discount is being offered, so that the business has access to the photos. The Client became uncomfortable about moving forward due and began expressing that someone at her place of employment or personal life said "I'd better not see you up on that website" after the Client showed them my marketing photos for the service they had signed up for. 

  The Client wanted to opt out of the photos, but it was explained that the photos are part of the treatment, agreement, and so the Client can see their own results and it was listed as such in the agreements, and that in order to maintain ownership of their own photos, they are able to pay the full amount for the treatment. The Client said she was not interested in purchasing the ownership of her photos, and "would be more than happy to pay the price of the service because she understands why the photos are important, since that was what got her to sign up in the first place was seeing someone elses photos. She understands that the payment agreement is an official contract between herself and the business, but she would rather opt out of the service and pay her end of the agreement in full than have her photos on the internet".

  All of this is explained, with the uploaded supporting documents, to illustrate a few key points:

  1- The client was made aware and consciously signed two seperate times, once before the payment agreement was signed, and again afterwards that before and after photos are part of the service and that the business has ownership and rights to the photos

  2- The client was aware and consciously signed the payment agreement knowing that promotional services and payments were nonrefundable

  3- The client had multiple opportunities to express discomfort with the photos, service or terms both in person and for a total of approximately ***** days without doing so (from 11/17/22 - 1/7/23)

  Her overdue payment of $750 was run on 1/7/22 to respect the fact that for almost two full months she has held up to 10 appointments on the calendar, preventing other clients from scheduling and taking advantage of a limited time promotional offer. The Client directly stated "she understood the agreement and would rather pay for the series entirely because she should have read the terms more carefully and asked questions aligned with her own values." The business offered to hold her credits as 5 appointment credits as valid if the Client changed her mind, or transfer them to a friend or family member. The business is willing to release the Client from her remaining payment of $750 in addition to her already cancelled appointments.

  Customer Answer

  Date: 01/08/2023

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.
  
  Sincerely,
  
  *************************