Contracts /small claims issue

[Leaglesos]

Jurisdiction

New Jersey

Are the original terms of a contract nullified when a promisor changes the terms or amends the agreement without providing the other party with written confirmation upon request?
I'm wanting to take a "massage/spa" franchise to small claims in order to obtain a refund for accrued sessions.
After much back and forth, I was told that the owner was willing to offer me a refund for three months and that a full refund wasn't possible due the amount of time elapsed. I was told that I needed to sign the cancellation forms in order to accept the three month refund.
Now, as I understood it, signing cancellation papers would have resulted in relinquishment of any claim to those unused sessions.
The manager then offered a year long "freeze" in order to use up the accrued sessions. (This was a complete departure from company policy, since I was told that I couldn't use any sessions during a membership freeze when I first inquired about cancelling the membership).
I expressed that I wasn't interested in ever using any of their services; the reasons for desiring a release from the contract stemmed from the opinion that any massage treatment from their inexperienced staff would have further injured my back and that I no longer felt comfortable due to what I perceived was an impropriety committed during my last session.
In spite of providing a doctor's note stating that I was not to use any massage, stretch or other therapies by anyone other than a medical provider, the spa manger still tried to push their new nurse practitioner stretch sessions and facial services.

Two verbal requests where made to have something in writing explaining what they where willing to offer. Both times I was told that an email would be sent but wasn't. The contract does state that any extensions provided by the use of their sole discretion must be put in writing and signed by both parties.

Is there anything I might be able to use in order to support what I believe is unfair treatment and strengthen my claim for a full refund?

Should I write a formal request for a refund before taking legal action?

Thank you for your time and any advice you can give me in the matter.

 

[Zigner]

Does your contract allow for you to cancel the contract without penalty based on that situation you are in? If not, then you should have taken the money and ran when it was offered.

 

[adjusterjack]

I wrote on two other sites that nobody can answer your question without reading your contract.

 

[zddoodah]

Are the original terms of a contract nullified when a promisor changes the terms or amends the agreement without providing the other party with written confirmation upon request?

This question doesn't make a lot of sense standing by itself. As a general matter, a contract cannot be modified unilaterally (although some contracts give one party the right to make unilateral modifications).

I'm wanting to take a "massage/spa" franchise to small claims in order to obtain a refund for accrued sessions.
After much back and forth, I was told that the owner was willing to offer me a refund for three months and that a full refund wasn't possible due the amount of time elapsed. I was told that I needed to sign the cancellation forms in order to accept the three month refund.

It would be far better if, rather than starting your post from this point, you had started from the beginning -- e.g., "In [month] [year], I signed a contract with a massage/spa facility, the terms of which were as follows: _____.

What does "refund for accrued sessions" mean? What does "refund for three months" mean?

Now, as I understood it, signing cancellation papers would have resulted in relinquishment of any claim to those unused sessions.

Since you didn't tell us anything about what your contract says or what the "cancellation papers" say, we can neither confirm nor refute this.

Is there anything I might be able to use in order to support what I believe is unfair treatment and strengthen my claim for a full refund?

I have no idea what you're getting at here.

Should I write a formal request for a refund before taking legal action?

Nothing in your post suggests any basis for legal action, so it is impossible to form an informed opinion about this.

 

[Leaglesos]

Thanks for the replies and please forgive the lack of clarity. I appreciate the time taken to reply.

The initial term for the wellness agreement began on 6/3/16 and ended 6/2/17.

A cancellation would have been permitted had I moved over 25 miles from any the of their massage facilities or provide a statement from a medical provider.
The note from a medical provider wasn't procured until after 6/2/17.

My question stems from that the massage facility made amendments to the agreement verbally. Yes, the contract does state that the business has right to make changes at their discretion but I think it also states that any such changes have to be in writing and signed by both parties. That wasn't done.

Refund for accrued sessions meant that I was being charged for sessions that I wasn't and wouldn't be using. The unused sessions where adding up.
It's like having gangrene and I've lost an arm instead of a finger.

The spa manger never provided me with cancellation papers. There was mention of them when the offer to refund three months worth of charges (e.g. accrued sessions).

I've attached the copy of the contract given to me when I signed up.

 

[adjusterjack]

You did not move more than 25 miles away and, by your own admission, you did not provide the doctor's note until after the initial term. After the end of the initial term a doctor's note is irrelevant since you failed to submit it during the initial term.



Did you do that? Submit your cancellation notice IN WRITING as required by that paragraph? If not, then charges continued to accrue.

It appears that the manager offered several compromises which you either declined or failed to follow through on.

That nobody sent you any papers doesn't help you. If you wanted one of the offers you should have gone to the manager personally to get it done. At the very least, if you weren't getting anywhere with the compromises you should have put your cancellation notice in writing as required by the contract.