Former Mountie from Nova Scotia awarded reimbursement from spa for unsuccessful treatment targeting ‘love handles’

January 22, 2025 TruthUSA

A Nova Scotia small claims court has ruled that a former RCMP officer who spent thousands of dollars at a Halifax spa to remove his “love handles” is entitled to a complete refund.

Martin Anthony Marin, a former superintendent, took Bodyworks Med Spa & Wellness Incorporated to court to recover the $3,622.50 he paid in November 2023 for six body-sculpting treatments. These treatments did not show any significant improvement in the fat deposits on the sides of his abdomen, as per the Jan. 13 decision.

The adjudicator, Augustus Richardson, ruled that since the spa failed to provide the free re-treatments promised in its policy, Marin was entitled to a refund of the original purchase price.

Policy Disagreement

According to the spa’s website, the Emsculpt Neo procedure is an advanced non-invasive body contouring technique that reduces fat and enhances muscle development without surgery or recovery time.

Marin stated that the spa’s policy promised free treatments if the initial body sculpting did not yield results.

He claimed, “However, after following all treatment guidelines and seeing no improvement, Bodyworks did not honor their promise to provide free re-treatments as part of the Emsculpt Neo Results guarantee.”

According to the policy, customers had to maintain hydration, exercise, and maintain stable weight without significant fluctuations. It also did not apply if the customer smoked or drank excessively.

Marin claimed that he followed all guidelines and expected free treatments because he was dissatisfied with the lack of improvement in his love handles.

However, the spa refused when he requested free treatments, stating that he had changed his treatment plan after the initial consultation and treatment. The spa also argued that his before and after treatment photos showed visible results.

Despite Marin being physically fit but recovering from a stroke and having balance issues, his main concern was reducing the love handles on his abdomen that did not improve with exercise.

A meeting with the spa manager occurred in late November 2023 to discuss treatments, according to Richardson’s ruling. The manager was also the aesthetician providing the treatments.

After Marin’s first treatment, his wife raised concerns about the applicator not targeting his love handles. Following that, the aesthetician changed to using an applicator specifically for the love handles.

There was no indication that Marin was informed that changing the applicator would void the promise of re-treatment, according to the adjudicator.

Spa owner Catherine Crosby mentioned that Marin’s change in treatment plan invalidated the promise of free treatments.

The adjudicator sided with Marin, noting that the love handles were visible in the before photos taken by the spa, indicating their existence and concern. He also observed no change in the love handles in the after-treatment photos.

Richardson stated that Marin’s love handles were part of the treatment plan, and altering methods after the first treatment did not annul the promise of free retreatment.

Therefore, the spa was instructed to reimburse Marin in full.

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