An Australian woman lost her case against Fitness First for $16,000 after being denied entry to a Pilates class because she was late.
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Sophia McGinn had been a Fitness First member for less than a month when she was asked to leave a class on July 17, 2023, for arriving late. According to the New York Post, court documents indicate that McGinn arrived just a few minutes after the class had begun, but she was informed that she could not enter. The gym’s membership terms state that “entry after the class has started may be refused by the instructor” to ensure that participants do not miss important warm-up exercises.
In March 2024, McGinn terminated her contract despite receiving complimentary classes and having her membership temporarily put on hold. The next day, she filed a claim with the NSW Civil and Administrative Tribunal, alleging that Fitness First had breached their contract and violated consumer guarantees under Australian Consumer Law. In her lawsuit, she demanded $16,600, which she calculated based on her estimate of the costs of maintaining a Fitness First membership compared to a Virgin Active membership over a period of 20 years.
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However, the Tribunal noted that McGinn had not committed to a new gym membership or provided quotes from other gyms to support her claims of potential long-term losses. In a final ruling on June 28, 2024, the Tribunal determined that her claims were insufficient because she failed to provide evidence that Fitness First had breached any contractual obligations. The Tribunal also noted that even if a breach were proven, she “has not incurred any loss or damage” and only speculated about potential future losses.
Fitness First is a well-known franchise with over 50 locations across Australia and offers memberships starting at $21.99 per week.
