Contracts. Massage Spas and Small Claims Court

[Leaglesos]

What is the name of your state? 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 too much 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 to explain 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]

Did you sign the cancellation form(s)?

 

[adjusterjack]

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?

There is no way anybody can answer your question without reading your contract.

 

[quincy]

What is the name of your state? New Jersey
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.

Writing a formal request for a refund is generally the best first step to take. A lawsuit is generally the very last thing you should consider.

 

[Leaglesos]

Initially I was lead to believe that my obligation to them would be done and over with at the terms end as stated on the first page of the contract. It reads - Your Wellness Agreement Initial Term begins on 6/3/16 and ends on 6/2/17.
Directly below that line states something else that I didn't catch. It was lighter than the rest of the document and wasn't verbally clarified when I asked on the day of enrollment.
No, I wasn't given the cancellation forms to sign during my meeting with the manger in late 2018 or early 2019. They stopped billing me as of January 2019. They said they would freeze the account till March 2019 and that I had till May of 2019 to decide or use the unused sessions. They later extended the deadline March of 2020 to use my accrued spa sessions. I expressed that I did not want any kind of services by their staff or company period. I did provide the manager with my radiology report and a doctor's note.
Two requests where made to the manager for the amended arrangements or offers to amend be in writing. No documentation was provided.
As it turns out they had been trying to bill me further but couldn't because my card had expired and they didn't have the new security code and validation dates. (This was also expressed to me in passing when I visited the location this past week.)
During September of 2019 I received a call confirming that they couldn't bill me. When I called back asking the manager about the billing she said to ignore the message and that they wouldn't bill me. Early this month a call asking if I wanted to schedule any sessions before my membership expires in March 2020 was made. Both of these calls where voice mail messages not actual conversations.
Initially I was lead to believe that my obligation to them would be done and over with at the terms end as stated on the first page of the contract.
Directly below that line states something else that I didn't catch, because it was lighter than the rest of the document and wasn't verbally clarified when I asked on the day of enrollment.
I'm not seeing how I can upload a copy of the contract.

 

[quincy]

Initially I was lead to believe that my obligation to them would be done and over with at the terms end as stated on the first page of the contract. It reads - Your Wellness Agreement Initial Term begins on 6/3/16 and ends on 6/2/17.
Directly below that line states something else that I didn't catch. It was lighter than the rest of the document and wasn't verbally clarified when I asked on the day of enrollment.
No, I wasn't given the cancellation forms to sign during my meeting with the manger in late 2018 or early 2019. They stopped billing me as of January 2019. They said they would freeze the account till March 2019 and that I had till May of 2019 to decide or use the unused sessions. They later extended the deadline March of 2020 to use my accrued spa sessions. I expressed that I did not want any kind of services by their staff or company period. I did provide the manager with my radiology report and a doctor's note.
Two requests where made to the manager for the amended arrangements or offers to amend be in writing. No documentation was provided.
As it turns out they had been trying to bill me further but couldn't because my card had expired and they didn't have the new security code and validation dates. (This was also expressed to me in passing when I visited the location this past week.)
During September of 2019 I received a call confirming that they couldn't bill me. When I called back asking the manager about the billing she said to ignore the message and that they wouldn't bill me. Early this month a call asking if I wanted to schedule any sessions before my membership expires in March 2020 was made. Both of these calls where voice mail messages not actual conversations.
Initially I was lead to believe that my obligation to them would be done and over with at the terms end as stated on the first page of the contract.
Directly below that line states something else that I didn't catch, because it was lighter than the rest of the document and wasn't verbally clarified when I asked on the day of enrollment.
I'm not seeing how I can upload a copy of the contract.

You should not upload the contract here. You should have it personally reviewed by an attorney in your area. Contract review and analysis goes beyond the scope of this forum. Sorry.