This is a letter my attorney wrote to Boulder Brows with no response. I will be filing a small claim with Boulder County today.-
Breach of Contract - Unjust Enrichment - Demand for Refund Intake No. 860629
To Whom It Most Concerns:
Ms. contacted this Law Firm regarding Boulder Brows' breach of contract. Ms. authorized this Firm to write this letter on her behalf.
According to Ms, the relevant facts are as follows: Ms. contracted with Boulder Brows for permanent makeup services. Ms. had previously procured services for eyebrow tattoos from another shop but made an appointment with Boulder Brows in order to make her eyebrows symmetrical. brought pictures into her appointment for reference and was assured by Boulder Brows that it could produce the pictured results. Ms. paid $600.00 for her initial and touch up visit with Boulder Brows, but left her initial visit feeling frustrated and disappointed.
While Ms. brows were thicker, they were definitely not symmetrical. Upon reaching out to
Boulder Brows, Ms. was rudely informed that her concerns would be addressed during the touchup visit, as that was the purpose of said appointment. Still wary, Ms. requested a consultation preceding the touchup, to which Boulder Brows agreed. The appointment was set for May 16, 2019, but was canceled late on the night before. Ms. requested a refund, but Boulder Brows refused. Boulder Brows subsequently cancelled Ms. touch up visit.
Boulder Brows is in breach of contract. Under Colorado law, "[t]o prove a breach of contract claim, a plaintiff must prove: (1) the existence of a contract; (2) performance by the plaintiff or some justification for nonperformance; (3) failure to perform the contract by the defendant; and (4) resulting damages to the plaintiff." Marquardt v. Perry, 200 P.3d 1126, 1129 (Colo. App. 2008). Furthermore, all parties to a contract are required
to act with good faith and fair LegalShield
Intake #860629 Membership #101264685
Boulder Brows
245 Century Cir Louisville CO 80027-1696
Breach of Contract - Unjust Enrichment - Demand for Refund Intake No. 860629
To Whom It Most Concerns:
Ms. contacted this Law Firm regarding Boulder Brows' breach of contract. Ms. Stark authorized this Firm to write this letter on her behalf.
According to Ms.the relevant facts are as follows: Ms.contracted with Boulder Brows for permanent makeup services. Ms had previously procured services for eyebrow tattoos from another shop but made an appointment with Boulder Brows in order to make her eyebrows symmetrical. Ms.brought pictures into her appointment for reference and was assured by Boulder Brows that it could produce the pictured results. paid $600.00 for her initial and touch up visit with Boulder Brows, but left her initial visit feeling frustrated and disappointed.
While Ms. Stark's brows were thicker, they were definitely not symmetrical. Upon reaching out to
Boulder Brows, Ms. was rudely informed that her concerns would be addressed during the touchup visit, as that was the purpose of said appointment. Still wary, Ms. requested a consultation preceding the touchup, to which Boulder Brows agreed. The appointment was set for May 16, 2019, but was canceled late on the night before. Ms requested a refund, but Boulder Brows refused. Boulder Brows subsequently cancelled Ms. touch up visit.
Boulder Brows is in breach of contract. Under Colorado law, "[t]o prove a breach of contract claim, a plaintiff must prove: (1) the existence of a contract; (2) performance by the plaintiff or some justification for nonperformance; (3) failure to perform the contract by the defendant; and (4) resulting damages to the plaintiff." Marquardt v. Perry, 200 P.3d 1126, 1129 (Colo. App. 2008). Furthermore, all parties to a contract are required to act with good faith and fair dealing toward one another. Mahan v. Capitol Hill Internal Medicine P.C., 151 P.3d 685, 690 (Colo. App. 2006). Failure to act in good faith and fair dealing is a factor in determining damages in breach of contract claims. Id.
The general measure of damages for contract cases is "that sum which places the non- defaulting party in the position such party would have enjoyed had the breach not occurred." Kniffin v. Colorado Western Development Co., 622 P.2d 586, 591 (Colo. App. 1980). Thus, damages are awarded in contract disputes "to make the non-breaching party whole." Id.
In this instance, Ms. contracted with Boulder Brows for specific permanent makeup services, which Boulder Brows assured her it could provide. Ms. tendered payment in the amount of $600.00, but Boulder Brows has yet to deliver the promised results, and cancelled all her follow up appointments. Therefore, Boulder Brows is in breach of contract and Ms. is entitled to be made whole. A full refund in the amount of $600.00 will read more