A woman who was kicked out of her Pilates class for being late has lost her attempt to sue Fitness First for more than $16,000 over the dispute.
Sydney woman Sophia McGinn was late when she tried to enter the class on July 17, 2023.
The gym asked him to leave because it had a duty to reduce physical injuries among members, including rejecting them from a class if they miss warm-up exercises performed at the beginning.
Ms McGinn had joined the popular gym franchise less than a month earlier, on June 30, and the relationship quickly soared after the incident in the Pilates class.
Fitness First provided Ms McGinn with free Pilates classes, but then decided to freeze her account after arguments because she was not using the services.
Ms McGinn then terminated her contract with the gym on March 17 this year.
The following day, the disgruntled gym-goer lodged a complaint with the New South Wales Civil and Administrative Tribunal seeking compensation of $16,600.
She argued that would have been the difference between the cost of her Fitness First membership and a comparable Virgin Active membership over 20 years.
A woman unsuccessfully tried to sue Fitness First after a dispute with the gym that began when she arrived late for Pilates (pictured, a Fitness First gym in Sydney)
Ms McGinn alleged that Fitness First had breached the contract and failed to meet its consumer guarantee obligations.
Fitness First denied breaching the contract or its consumer warranty obligations.
The Court concluded that the contract stated that “the instructor may refuse admission after the class has begun.”
Ms McGinn had not proven that Fitness First had breached the contract, the Court found.
“The applicant has not suffered any loss or damage, but rather has speculated about possible future loss or damage,” the Court concluded.
Fitness First denied breaching the contract or its consumer warranty obligations (file image)
Ms. McGinn’s case was dismissed on June 28, 2024.
He filed an appeal before it was dismissed on October 21.
Fitness First has over 50 branches across Australia, and the cheapest membership starts at $20.99 per week.
Members can “freeze” their gym accounts for a cost of $5 per week for up to four weeks.
