Posted: 08/30/2010
If a health club,spa, or tanning salon offers an unlimited membership, it might sound like a bargain, especially if you plan to go at least a couple of times a week.
But as one woman found out, there are times when unlimited doesn't always mean unlimited.
Not Welcome Anymore
The sign at Waves salon says "walk ins welcome." But Dawn Ferland says she's no longer welcome, after she took her unlimited membership a little too literally.
The Boone County woman joined Waves after receiving a flier in the mail. She paid $1,000 for one year of unlimited massages, manicures, and airbrush tanning.
"I started using the massages. And I was going every three days," she said. But after using more than 100 services in her first three months, Dawn says the owner told her, "You're coming too much."
Ferland said "she came up to me and said we're instituting a new policy for massages, since it was unhealthy to have a massage more than once every five days."
She claims the owner said her frequent massages were bad for her. But, Ferland said, "there's nothing on record about that being unhealthy, in fact its supposed to be good for you. Bob Hope actually had one every day."
The Judge Rules
So Ferland took the salon to the County's Small Claims Court. The judge, however, sided with the salon, finding the contract had a clause allowing "amending of rules" for unreasonable requests.
And the salon's attorney told me Ferland's frequent visits were both unreasonable and unhealthy.
Matthew Hemmer said "the District Court found that Waves salon acted properly when it refused to perform procedures more frequently than recommended by professionals."
But Ferland is now appealing the ruling, saying unlimited should mean unlimited.
"Now the contracts are not protecting consumers. They're protecting the business, with one little clause that protects everything," said Ferland.
The Bottom Line for Consumers
The Small Claims Court found Waves salon did nothing wrong, and did not violate the contract.
So the message is here: If you're offered an unlimited membership to a salon, spa, or health club, ask questions and find out if unlimited really might have some limits.
Read the contract carefully, so you don't waste your money.
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