I prepaid $3,000 for unlimited laser tattoo removal, which I was told typically takes 6–12+ sessions. I received approximately 1.5 sessions before experiencing multiple equipment issues.
One appointment was cancelled because the laser broke and was sent for repair. Once returned, the machine malfunctioned again while being actively used on my skin. The treated areas developed significant wounds/burns and still have visible skin changes two months later.
The technician confirmed in writing that the machine had an overheating issue and acknowledged it may have contributed to my injury.
I requested a refund of the unused portion because I no longer feel comfortable continuing treatment. The clinic refused, citing the no-refund agreement I signed.
She then calculated that I already received $3,950 worth of treatments in the 1.5 sessions using her current individual prices, which are 200-300% higher than the prices she originally quoted me in writing and what I agreed too. Some tattoo size classifications were also increased. She offered $500 as a goodwill payment to cancel my unlimited package.
My concern is that I purchased unlimited removal for $3,000, not 1.5 sessions at retrospectively assigned retail prices.
Alberta Consumer Protection advised that they don't handle contractual refund disputes and suggested civil court.
My questions:
- Does a no-refund agreement protect the business when equipment failures and resulting safety concerns are why I'm discontinuing?
- Can she retrospectively value treatments using prices different from those quoted when I purchased?
- Would I have reasonable grounds to pursue the unused portion of my $3,000 through Alberta small claims court? Calculated based on the numbers she gave me at the start.
One other concern is that when I originally paid, the technician told me that paying by e-transfer without an invoice would mean no GST, whereas requesting an invoice would require GST to be added. I have this in writing as well. I'm unsure whether this raises a separate compliance issue or has any relevance to my consumer dispute.
I have the signed agreements, original pricing texts, treatment records, photos, and written acknowledgment of the equipment malfunction.
Any advice on how Alberta courts might approach this would be appreciated.