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CALL 6: Spas may not provide refunds

Retiree wants money back after changing mind
Posted: 7:31 PM, May 16, 2017
Updated: 2017-05-17 04:01:26Z

INDIANAPOLIS -- If you’re looking to lose some weight for summer swimsuit season, make sure you get all the information before handing over your credit card.

Mary Holmes, an Indianapolis retiree, received a flyer in the mail from 7e Fit Spa offering a free consultation and 50 percent off a service.

“You’ll be summer-ready in no time,” read the flyer.

Holmes wasn’t feeling good about her body when the flyer arrived.

“I’ve been stuck at this weight for over a year, and I am feeling a little desperate to lose another 20 pounds or so,” said Holmes.

According to the company’s website, 7e Fit Spa offers body contouring, body vibration treatments, non- surgical liposuction, sauna, and other services.

They have several locations throughout Central Indiana, and their website shows before and after photos, testimonials and success stories.

Holmes went to the south side location for her free consultation on May 2, and signed some paperwork in which she marked down questions about her medical conditions including metal implants in her body.

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“I said ‘I think I really need to see my doctor,’ but she says ‘oh, but you really need to sign today to get the discount,’” said Holmes. “The implication to me was go ahead and sign, and if my doctor says no then you can get your money back.”

Holmes charged $1,270 on her credit card for one month of services with 7e Fit Spa.

After talking with her doctor, Holmes changed her mind about the spa’s procedures.

She returned to the south side location on May 3, less than a day later,  and asked for her $1,270 back.

“They said ‘we don’t do that’,” said Holmes.

Holmes showed them Indiana’s consumer protection law that allows you to cancel a health spa contract within 3 days.

“They said that didn’t apply to them, even though they list themselves as a spa and they claim to be working for your health,” said Holmes.

Call 6 Investigates Kara Kenney stopped by the south side location, and a worker told her to contact Angie Clapp, a manager at 7e Fit Spa’s Carmel location.

“We don’t usually give refunds,” Clapp told RTV6.

The policy is posted in stores and on the receipt you sign, and Clapp said “no refunds” applies even if you haven’t had any services.

Clapp said she told Holmes to go ahead and file a dispute with her credit card company to get a refund, because the individual stores do not have the ability to give refunds.

7e Fit Spa declined to provide paperwork showing Mary Holmes signed off on the no refund policy.

“Due to the nature of our business, we do not issue refunds,” read a sample receipt provided by Clapp.

Call 6 Investigates also spoke with the owner of 7e Fit Spa, Steve Nielsen.

He said the paperwork Holmes signed was not a contract, and they’re not a health spa but rather an aesthetics company.

Nielsen said the 3-day cancellation law does not apply to them.

Nielsen also pointed out they have an A+ rating with the Better Business Bureau.

The owner also said he can’t credit Holmes card because she’s already disputed it with the credit card company.

Nielsen hung up on Kenney, saying he did not have time to answer more questions.

The Indiana Attorney General’s office has only received one complaint about 7e Fit Spa, records show.

“I feel like I was very misled,” said Holmes.

Holmes hopes to get her money back through her credit card company.

She wants other consumers to know if you’re eager to lose inches, check a company’s refund policy before you pay.

“I tend to be rather impulsive, but they need to take a second thought,” said Holmes.

The Indiana Attorney General’s office could not specify whether 7e Fit Spa qualifies for an exemption to the 3 day cancellation rule.

The law says it applies to contracts you sign in your home, credit repair, health spas, and timeshares.

The seller then has 10 business days to get you your money back.

Under Indiana statute, "Health spa services" means instruction, training, or assistance in physical culture, bodybuilding, exercising, reducing, figure development, or any other health spa service, for the use of the facilities of a health spa, figure salon, weight loss clinic, gymnasium, or other facility used for the delivery of health spa services, or for membership in any group, club, association, or organization formed to deliver health spa services.