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I am sorry to hear about this situation. The answer is yes, if they are not doing what the contract/advertisement says that they should be doing. This would be a breach of contract claim. " To make a claim for breach of contract, ‘the plaintiff must show the existence of a contract or agreement and the terms of that agreement, that the plaintiff performed or tendered performance, that the defendant did not perform, and that the plaintiff was thereby damaged.’ " Shirley's Realty, Inc. v. Hunt, 160 S.W.3d 804, 807 (Mo.App. 2005).
However, note that if you signed a contract, then take a look at it to ensure that:
-it does not have some kind of clause having you waive liability; and
-it does not have a mediation or arbitration clause (which can mandate that you approach a mediator or arbitrator prior to suit).
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