“Could a Halifax-based wellness spa successfully shape up a man’s love handles as promised by their body contouring services? According to a verdict from the Nova Scotia Small Claims Court, it did not, leading the court to award the man a sum of $3,622.50.
In this ruling, issued on January 13, adjudicator Augustus M. Richardson stated that while beauty may be subjective, contractual obligations aren’t. The plaintiff, Martin Marin, had purchased a six-session Emsculpt Neo Body treatment package from Bodyworks Med Spa & Wellness in November 2023. The promise from the spa was that following a three-month treatment period, if there were no visible changes, the client would be re-treated free of charge.
The Emsculpt Neo machine utilizes Radio Frequency (RF) and High Intensity-Focused Electromagnetic (HIFEM) energies. These are delivered through applicators, often referred to as ‘paddles’, to target specific body areas. The aim is to breakdown fat cells and stimulate muscle contraction.
Martin Marin, who is physically fit but has balance issues following a stroke, testified that despite his active lifestyle, he had always struggled with fat deposits on his waist, or ‘love handles’. Marin began his treatment in January 2024, after discussing his concerns with a technician.
After his first session, Marin noticed that his love handles were not effectively targeted. As a result, the course of the treatment was altered, switching from an abdominal vest to a love handle-targeting paddle. However, it was not communicated to Marin that this change could affect the spa’s original promise of results.
When Marin didn’t see a visible difference three months post-treatment, the defendant claimed that Marin was ineligible for the Results Promise as he had altered his treatment plan after the first session. However, Richardson ruled that he could not see any visible difference in the before and after photos and concluded that Marin had fulfilled the requirements of the Promise.
The court found that the defendant’s refusal to re-treat Marin was a breach of contract. Subsequently, Bodyworks Med Spa & Wellness was ordered to refund Marin the original purchase price of $3,622.50.”
