A woman who was kicked out of her Pilates class for arriving late has lost her bid to sue Fitness First for more than $16,000.
Sophia McGinn, a Sydney woman, was late when she tried to enter class on July 17, 2023.
The gym asked her to leave because it had a duty of care to reduce physical harm among members – which includes forcing them to leave class if they miss the warm-up exercises at the start.
Ms McGinn had only joined the popular gym franchise less than a month earlier on June 30, with the relationship quickly on the rise following the incident at Pilates class.
Fitness First initially provided Ms McGinn with free Pilates classes, but after discussions decided to freeze her account because she was not using the services.
Ms McGinn subsequently terminated her contract with the gym on March 17 this year.
The following day, the disgruntled gym-goer filed a complaint with the NSW Civil and Administrative Tribunal, seeking $16,600 in damages.
She argued that this would have been the difference between the cost of her Fitness First membership and a comparable Virgin Active membership over a 20-year period.
A woman tried unsuccessfully to sue Fitness First after a dispute with the gym that started when she was late to Pilates (pictured is 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 that it had breached the contract or its consumer guarantee obligations.
The Tribunal found that the contract stated that ‘entry after the lesson has started may be refused by the instructor’.
Ms McGinn had not shown there was a breach of contract by Fitness First, the Tribunal concluded.
“The applicant has not suffered any loss or damage, but rather has speculated about a future potential loss or damage,” the Tribunal found.
Fitness First denied breaching contract or consumer warranty obligations (stock image)
Ms McGinn’s case was dismissed on June 28, 2024.
She appealed before it was dismissed on October 21.
Fitness First has more than 50 locations across Australia, with the cheapest membership starting at $20.99 per week.
Members can “freeze” their accounts at the gym for a fee of $5 per week for up to four weeks.