03-03-2005, 11:09 AM | #32 (permalink) |
Join Date: Jan 5 2005 Location: Texas
Posts: 759
Rep Power: 21 | Sport, let me tell you what I looked at before I bought the mystic. 1. Does it work? Yes, I think most people can agree with that. 2. Can I expect to make money from the unit? Yes, I felt that I could make money on the unit but that might change in the future. I felt that at the minimum, I would receive my investment back. I've had the machine for a year and I am happy so far. 3. Who is the leader in marketing? For me the answer was mystic. They are on tv and newspapers and magazines. I investigated spray tanning for a year before I bought one. When ever someone wanted to know if a had the spray tan , they asked if I had the mystic or the spray tan . No ever asked me if I had a magic or any other system and they have not to this day. 4. Which booth would keep me out of the legal system. There are only 2 and one of them was the mystic. 5. Would pb use the money from me to compete with me? I thought that my be a possibility. I already have a strong chain in my area, so I thought there was less of a chance. If I was in the Dallas market, my thoughts would be different. This is how I made my decision. After having a year to think about it, I would make the same choice. If your choice is different thats ok too. We all have to do what we feel is best for ourselves.I have friends that thought the magic was best for them. I understand that there is a lot of anger against pb, but you can't strip legal rights away just because you don't like them. If that was the case, you and I might not have them either. |
03-03-2005, 11:35 AM | #33 (permalink) |
Join Date: Jan 5 2005 Location: Texas
Posts: 759
Rep Power: 21 | I don't know why bed manufactures didn't battle it out. It would seem to me who ever invented the lamp would have the patents. The bed is just a power supply. It really dosen't matter what you and I think, it is what the courts think. It will be decided in the courts and we will both live with it. If the courts decide mystic and doc are wrong, I have no problem with that. I am not married to mystic. I might change my mind if that happens. As far as what mystic pays for their mystic, what does that matter. You pay what the market will bear. If a piece of equipment costs me a million dollars but brings me in 2 million and another piece of equipment cost me 10 thousand and brings me in 5 thousand, which one is the better deal? _________________ [ This Message was edited by: HOT STUFF on 2005-03-03 11:43 ] |
03-03-2005, 11:49 AM | #34 (permalink) |
Join Date: Apr 21 2001
Posts: 418
Rep Power: 24 | Hot Stuff.....I was going to call you Hottie until I saw on your profile you are a dude. Anyway, Once again anyone can file a lawsuit it does not mean that they are legally right. 1. Does it work? I think that is the least you should expect from a $30k+ piece of equipment. 2. Can I expect to make money? Once again the answer should be yes as it should be with all sunless or equipment purchases in general. 3. Who is the leader in marketing? It depends on the area, a few years ago most the calls I got were for "Mystic". Anymore people just call looking for spray tanning . 4. Which booth will keep me out of the legal system? Again as a consumer it is said that you need to even ask that question. ITS may reach on agreement with Laughlin however it is my understanding that most companies involved in litigation can indemnify the salon owner taking you "out" of any litigation. 5. Would PB use the money to compete with me. Personally I believe the answer is in a heartbeat if they choose to. PB has national aspirations and every penny we give them assists them in that pursuit. It will first happen regionally which I believe puts you at a higher risk than some but we should all be concerned. At one time Mist-On and Mystic were the only games in town. I am very happy we now have a choice. I hope when they open up the street from you, offering a free month of tanning and undercutting your Mystic pricing, you will still be happy with your decision. |
03-03-2005, 12:32 PM | #35 (permalink) |
Join Date: Apr 18 2004
Posts: 222
Rep Power: 0 | 'indemnification' is typically a deposit against potential loss, in kind or in promise. It has no real value unless called upon to serve a judgement. It it fails to fullfill the judgement, then the judge has power to assign, or permit action to fullfill, and can included ceasation, aquisition, punitive, and more. I'd love to see Magic Tan's financials. |
03-03-2005, 01:05 PM | #36 (permalink) |
Join Date: Jan 5 2005 Location: Texas
Posts: 759
Rep Power: 21 | Jeff, if ITS reaches an agreement with laughlin they will be paying the same people that you are having a problem with and useing your money. Idemnification only means that if they lose they will pay up to the money they have. If the courts award $20,000 per bed and the company only has $10,000, guess who pays the rest. If I remember correctly there was a judgement in Nevada for over $100,000 per booth. Usually they look at what are the actual damages and then add punitive damages to that as a punishment and to keep someone else from trying the same thing. I am not a lawyer, I just play one on tv. What I looked at is not limited to sunless but what I would look at in any equipment purchase.By the way, I am a male, in Texas, a dude is a New Yorker in his first cowboy hat. You know the saying "everything is bigger and better in Texas" and we wouldn't lie to you. |
03-03-2005, 01:38 PM | #38 (permalink) |
Join Date: Apr 21 2001
Posts: 418
Rep Power: 24 | I know a guy from Texas would never lie....where are those WMD's that we found in Iraq? Any agreement with Laughlin by ITS or any other company would pay him a fraction of the price not the total purchase price going to him or Mystic for buying one of their units direct. Personally I don't think any of these companies should settle with him because I believe this matter should have its day in court. However sometimes it is easier and less costly to go the way of settlement. I understand the risks of legal action and the risk of contributing money to a company like PB. I weighed those risks like you did but obviously came to a different conclusion than you. Hopefully neither of us will regret our decision. |
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