Elements Therapeutic Massage

Dear Dispute Resolution Consultant:This e-mail is in response to the referenced complaint.As per protocol at our Element’s Therapeutic Massage business, massages are ended immediately if any inappropriate behaviour is demonstrated by the client.In this case, the massage therapist came up to the front desk after about an hour of a 90-minute massage session because the client was exhibiting inappropriate behaviour She reported to our Lead Administrator that the client was prone, pulled his boxers down, was touching himself, and then put the sheet aside As per our procedures, she told the client that she could not continue the massage session, ended the massage and came to the front desk.The Lead Administrator said that the massage therapist was visibly upset The client’s girl friend was waiting in the lobby and was upset that the massage ended before the minutes and began to make a scene The Lead Administrator asked her to step to the back where she explained what had happened The girl friend became angrier Her boy friend, the client, only swore and as they both walked out in a big scene said for all in the lobby to hear that they would never come back.In reference to the specific complaint, the client did not say anything about sleeping nor was he crying On the contrary, both were swearing, angry, and making a scene as they left The protocol was followed exactly how it should be done At Elements, we do not tolerate this kind of behaviour from our clients We would respectfully request that this couple keep their word and never come back to our establishment.Please call me if you have questions.Kind regards,Gary DR [redacted]

The customer was refundedWhat had happened was we did the windshield and then he mentioned wanting a side mirror, we ordered a basic one, but come to find out he wanted a specific oneSince we did not have it, we gave him a refundAll is resolved

This company is a rip offThey cancelled my appointments without noticeI went back in the computer to rebookThey then told me over thephone after they canceled that they werenow bookedThis company isarip offi will make sure everyoneknows it.Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below
[To assist us in bringing this matter to a close, we would like to know your view on the matter.]
Regards,
*** ***

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

Initial Business Response /* (1000, 5, 2015/10/23) */
We do what ever we can to accommodate our members. Our wellness program is not a contract and requires 30 days notice to cancel. It also states that in the event of failed payment, Elements has the right to immediately terminate a membership...

resulting in a forfeit of unused sessions. When a client has several sessions on account we always try to work with them to suspend their membership first. We had worked with this client to suspend his membership off and on for a year. During this time he was able to use his sessions without being billed. We also let our members turn sessions into gift cards. Our records show that he was able to turn 4 of his sessions into gift cards in Aug 2014.
We try to contact clients many different ways when their account becomes negative, via email, phone and letter. This client was not terminated until his account balance was equal to his previous credit. We had not been able to reach him by phone and or email and so sent a letter letting him know his account would be terminated in 30 days if he did not respond. In this letter, we offered to settle the balance owed if he paid $126.60 towards his $569.70 balance owed. If he did, we would reinstate his sessions and he would be able to turn them into gift cards if he so desired. After this time period expired we terminated the account. In all the times we have talked to this client he was aware of his negative balance and yet had not updated his billing and or canceled his account. In leu of further collections efforts, we terminated his account at which point all sessions remaining on his account were expired and applied towards the balance. We will be mailing in documentation of our communication with this client.
Initial Consumer Rebuttal /* (3000, 7, 2015/10/23) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Business states that this was not a contract but then states that this was not a contract continued to try to collect for the monthly "wellness program", after I had cancelled the program. I never received any letter to sign to cancel, nor did I receive a letter stating that the money the balance on our account would be forfeit if not used within 30 days of canceling.. Furthermore, if this was not s contract why has the sessions paid for not been reimbursed? We did not use 9 sessions nor did we transfer them into gift cards. This is predatory business practices and as a consumer, if I choose not to use a service that was paid for I should be reimbursed.
Final Business Response /* (4000, 9, 2015/10/30) */
To protect our clients accounts we do require that they come in to fill out any paperwork that may effect their account. However, I do not have cancellation paperwork on file for this client. Part of the reason we request clients come in to cancel a membership is to help ensue that the paperwork is processed and the client is aware of all the changes to their account. Part of the cancellation process states that all sessions must be used within 30 days or turned into gift cards, after which they do expire. When there is confusion about a cancellation we always try to look into the situation and see if and where an issue might have happened. I will be auditing this account to see where and when this cancellation was suppose to have taken place and what changes to the account would be appropriate to make.

Dear Dispute Resolution Consultant:This e-mail is in response to the referenced complaint.As per protocol at our Element’s Therapeutic Massage business, massages are ended immediately if any inappropriate behaviour is demonstrated by the client.In this case, the...

massage therapist came up to the front desk after about an hour of a 90-minute massage session because the client was exhibiting inappropriate behaviour.  She reported to our Lead Administrator that the client was prone, pulled his boxers down, was touching himself, and then put the sheet aside.  As per our procedures, she told the client that she could not continue the massage session, ended the massage and came to the front desk.The Lead Administrator said that the massage therapist was visibly upset.  The client’s girl friend was waiting in the lobby and was upset that the massage ended before the 90 minutes and began to make a scene.  The Lead Administrator asked her to step to the back where she explained what had happened.  The girl friend became angrier.  Her boy friend, the client, only swore and as they both walked out in a big scene said for all in the lobby to hear that they would never come back.In reference to the specific complaint, the client did not say anything about sleeping nor was he crying.  On the contrary, both were swearing, angry, and making a scene as they left.  The protocol was followed exactly how it should be done.  At Elements, we do not tolerate this kind of behaviour from our clients.  We would respectfully request that this couple keep their word and never come back to our establishment.Please call me if you have questions.Kind regards,Gary D. R[redacted]
[redacted]

To Whom It May Concern:This letter is in regards to customer concern [redacted].  It is the matter of [redacted] vs Elements Massage.  I am sorry to hear of Ms. [redacted]’s complaint. At Elements Massage in Whitefish Bay we have a twenty-four hour cancellation period, which means clients must...

change or cancel by6:00 PMthe evening before their service.  This ensures we can rebook massage therapists as they are paid by appointment.  If a client does not show up for their appointment, they are taking income away from the massage therapist.  This cancellation policy has been in effect sinceSeptember 1. 2014.Ms. [redacted] booked two appointments for February 14, 2016.  Ms. [redacted] was informed of our cancellation policy via email and telephone voicemail.  She received an email confirmation of her appointments on February 12 and a courtesy reminder call on February 13.  If necessary I can provide a copy of the email and a copy of the conversation.While unfortunate it was with just cause that we charged Ms. [redacted] two late cancel fees for a total of $60 on February 14, 2016.  The late cancel fee is $30 for a one-hour appointment.  Neither Ms. [redacted] nor her companion showed up for their February 14 appointments and no notice was given.  The late cancel fee was used to compensate the therapists for the missed opportunity to work.I would be happy to discuss this matter via telephone to provide any additional details.  Also, if documentation is needed I would be happy to produce it.Sincerely,[redacted]Studio ManagerElements Massage Whitefish Bay

Dear Dispute Resolution Consultant:This e-mail is in response to the referenced complaint.As per protocol at our Element’s Therapeutic Massage business, massages are ended immediately if any inappropriate behaviour is demonstrated by the client.In this case, the...

massage therapist came up to the front desk after about an hour of a 90-minute massage session because the client was exhibiting inappropriate behaviour.  She reported to our Lead Administrator that the client was prone, pulled his boxers down, was touching himself, and then put the sheet aside.  As per our procedures, she told the client that she could not continue the massage session, ended the massage and came to the front desk.The Lead Administrator said that the massage therapist was visibly upset.  The client’s girl friend was waiting in the lobby and was upset that the massage ended before the 90 minutes and began to make a scene.  The Lead Administrator asked her to step to the back where she explained what had happened.  The girl friend became angrier.  Her boy friend, the client, only swore and as they both walked out in a big scene said for all in the lobby to hear that they would never come back.In reference to the specific complaint, the client did not say anything about sleeping nor was he crying.  On the contrary, both were swearing, angry, and making a scene as they left.  The protocol was followed exactly how it should be done.  At Elements, we do not tolerate this kind of behaviour from our clients.  We would respectfully request that this couple keep their word and never come back to our establishment.Please call me if you have questions.Kind regards,Gary D. R[redacted]

Review: I have requested that my membership be cancelled and every time I call and speak with a Manager they insist on charging my card over and over again. In addition they said that my membership can not be cancelled until I give them another credit card to charge. This is the worst customer service and business management I have ever experienced.

Product_Or_Service: Spa Massage Membership

Desired Settlement: DesiredSettlementID: Other (requires explanation)

I want my membership cancelled with no additional charges.

Review: Elements billed re-enrolled me in their wellness program without my consent and began billing me for massages while I was out of town dealing with the death of a close family member. When I called Elements and asked them why they were billing me they claimed that I had consented to being re-enrolled, and that the billing was justified, which simply is not what happened. I gave no such consent. When I asked them to cancel my membership they refused and stated that I needed to come in to their establishment and cancel in person. I told them I was out of town dealing with a death in the family, and they simply stated that this did not make any difference. I later discovered that there is nothing written in the agreement I signed when I originally enrolled in the program, and there is no mention of this requirement for membership cancellation. The matter could have been handled electronically, but Elements refused in order to continue billing me. I was required to call my credit card company to block Elements from charging my card, and when I asked Elements to refund my money ($160) they refused, accused me of harassment, and even threatened to call the police. I have never experienced anything like this in my life and would strongly recommend avoiding Elements Massage at 850 E Bidwell St in Folsom, CA. There are many other massage studios in Folsom who do not participate in this type of business malpractice. Do yourself a favor and patronize these other studios if you live in Folsom and are in need of a massage.Desired Settlement: I would like a refund of $160

Review: The owner refuses to refund me an $89 charge she put on my credit card that I did NOT authorize for a service I did NOT receive. I went in for a free 30 minute massage (coupon) and left a tip on my debit card for $5 for the massage therapist's service. I was asked if I wanted to schedule another appointment and become a member for discounts. I said no because I am not financially stable to become a member. The front desk secretary continued to ask me if I wanted to make an appointment with just a verbal agreement so I made an appointment for a 55 minute massage for $59. I unfortunately forgot about the appointment twice and was not notified of any cancellation policy and was charged $89. I NEVER gave the company permission to keep my card on file and they never said they were keeping it on file. At the point of sale she never told me she was keeping my debit card in the system. I used my card for a totally different purpose and transaction for a single employee, not the company. I complained and the owner, [redacted], called me arguing and being extremely unprofessional. She threatened to hang up on me after I refused her offer of $30 dollars or a massage, but not a full refund. A few days later I stopped in on 8/12. [redacted] was not there so her employee called her and [redacted] said to call after 2p the next day. I called on 8/13 in the morning and talked to [redacted], the other owner and [redacted]'s husband. He told me I needed to call [redacted] after 2p. I called [redacted] and she did not answer. I called her 2 more times on 8/14, again on 8/15, again on 8/17, and again on 8/19. Each time [redacted] was unavailable and her secretary took down my number and said she would call back. [redacted] also said the front desk takes notes every time they talk to me, When I called on 8/19 for a record, the secretary said they have no record except my file says "[redacted] refuses to talk to [redacted]"I have been reaching out every day and [redacted] left 6 of my calls unreturned. She is refusing to talk to me.

Product_Or_Service: A massage - did NOT receive one

Account_Number: 24 hour policy theyDesired Settlement: DesiredSettlementID: Refund

I would like my full $89 refund. That's it.

Business

Response:

Initial Business Response

My name is [redacted]. I am the owner of a successful higher-end spa for therapeutic massage services, "Elements Therapeutic Massage Studio - Folsom." We have been in business more than a year and are located in a lovely city about 30 miles east of Sacramento, California.

At Elements Folsom, we take great pride in delivering the best therapeutic massage services in California's capital region. In our business, the customer is treasured, and the reason why we have near-perfect ratings on all of the national websites for which ratings are prominent.

[redacted], the young lady who has submitted this complaint, is perhaps the most dishonest and threatening person I have encountered as a small business owner.

A chronology of activity regarding Ms. [redacted] and Elements Folsom is provided as follows:

July 1, 2013 - Ms. [redacted] had a 30-minute complimentary massage session with our therapist [redacted] She left a $5 gratuity. (Note: we regularly distribute gift cards for 30-minute massages at charitable events and other businesses to introduce people to our studio). Ms. [redacted] schedules another massage session for July 21, 2013.

July 21, 2013 - Ms. [redacted] is a "no-show" for her scheduled massage session. Our front-desk reception member [redacted] was able to reach her, and Ms. [redacted] stated that she forgot about her session and rescheduled for August 3, 2013. Because we were able to reach her by phone before the end of the workday, she was not charged for missing this appointment. Please note that it is policy for our clients to reach us by the end of the workday to avoid being charged the full-rate as a "no-show." However, we acted in good faith by giving Ms. [redacted] the benefit of a doubt by reaching her instead by the end of the workday.

August 3, 2013 - Ms. [redacted] is again a "no-show" for her 10 a.m. scheduled massage session. At approximately 10:15 a.m., front-desk reception member [redacted] phoned Ms. [redacted] and left her a voicemail message regarding her missed appointment. Later that evening, front-desk reception team member [redacted] left Ms. [redacted] a second message in reference to her missed appointment. By the end of the day, we had not heard from Ms. [redacted], and, per our posted and in-writing 24-hour cancellation policy, Ms. [redacted] was charged for the full-session rate of $89.

August 7, 2013 - I returned a call from Ms. [redacted], and explained to her in detail our cancellation policy, to no avail.

August 12, 2013 - Ms. [redacted] came into our studio, demanding to speak to a manager. She stated that she did not wish to speak with the owner (me) again, and refused to leave without the $89 late fee she was assessed on August 3, 2013. She frightened our front-desk team member [redacted] into phoning me at our home, and asked [redacted] to tell me that she was going to "ruin" our business on Yelp and that she knows "people." She also threatened me with legal action.

August 13, 2013 through August 19, 2013 - Ms. [redacted] has called our place of business everyday, and sometimes twice daily, making threats similar to those of August 12, 2013.

It is important to note that we have two documents with Ms. [redacted]'s signature, acknowledging that she understood our "no-show" policy. And, we use a software system in our spa that enables us to document to the minute every action between our business and our clients.

And, I would like to share that Ms. [redacted] actually filed a complaint with Merchant Services, alleging that she had no knowledge of the source of the $89 charge to her credit card from our business. Merchant Services initially credited her account with the $89, and assessed our business that amount, plus a service fee, per her claim. As per our detailed response to their action, they credited our account last week, as per their determination that her claim was unsubstantiated.

I thank you for the opportunity to share documentation regarding this standard business practice in regards to "no-show" appointments,

It is unfortunate that Ms. [redacted] elected to engage in dishonest practices with our spa. We will continue to work hard at our successful business and appreciate the work of the Revdex.com. Thank you.

Owner

Elements Therapeutic Massage Studio - Folsom

Final Consumer Response

(The consumer indicated he/she DID NOT accept the response from the business.)

[redacted] has not spoken to me since the first day of my complaint, which included her saying she was going to hang up in my face.

I called Aug. 13th-19th to resolve the issue through an understanding discussion, but [redacted] was refusing my calls.

I told [redacted], her husband and business owner, I felt threatened by [redacted]'s tone so I did not wish to speak with her, but he assured me she would properly handle the refund.

I called everyday between 8/13-19 because the front desk told me I would be able to reach here during those times, not because I wanted to threaten her.

I never said I would ruin her business and I feel uneasy that she thinks I'm a bully. I said I would yelp the business, which could ruin her business if the right person saw it, but I haven't done that yet because I thought this would be resolved. I also was calling on the phone multiple times so I didn't have to continually stop in and complain in front of customers.

I am not denying I missed appointments, but I am not fighting the cancellation policy, I want [redacted] tho understand at the point of sale, because I did not ask for another massage and the idea of the service was being provided to me, the business neglected to inform me my credit card would be left on file.

I understand it was rude to not show up or cancel, but I am a college student with three jobs that was not being considerate a that time. And for that, I apologize, but if I knew I had to hold a credit card on file I never would have agreed to the appointment in the first place and I know that because I would not have used the credit card that was charged.

Again, [redacted] has refused to speak with me so the accusations she is making about my "threatening messages" are being taken out of context. All I wanted to do was speak with her like a business owner should when a customer has a complaint.

Thank you.