A woman who was denied entry to a Fitness First pilates class after arriving late has lost her bid to sue the gym chain for $16,000.
Sydney woman Sophia McGinn was headed to the pilates class on July 17, 2023, when she was asked to leave, court documents reveal.
Ms McGinn’s gym contract specified that “entry after the class has started may be refused by the instructor”, which is a rule to prevent people from attending without being present for the warm-up at the start of a class.
She had only been a member of the well-known fitness franchise for under a month, but the relationship took a downward turn following the pilates incident.
After discussions between the parties and Fitness First providing her with free classes, the gym put Ms McGinn’s membership on freeze as she was not actively using the services.
On 17 March this year, Ms McGinn terminated her contract and filed a complaint with the NSW Civil and Administrative Tribunal the following day.
She claimed that Fitness First had breached the contract and failed to comply with its consumer guarantee obligations under the Australian Consumer Law.
The disgruntled gym-goer sought damages of $16,600 which she calculated would have been the difference between the cost of her Fitness First membership and a comparable Virgin Active Membership over a 20-year time period.
“Ms McGinn had not entered into a new gym membership at a higher price nor provided a quote from another gym as to the higher membership prices she would have to pay,” the Tribunal found.
Both her claims were unsuccessful as Ms McGinn failed to demonstrate that Fitness First had breached the contract, and had argued instead that she was unaware of its terms.
Even if a breach had been established, it is not clear that she would have been able to recover compensation anyway, as she “has not incurred any loss or damage”, the Tribunal found.
Rather, she had “speculated about a future potential loss or damage.”
The case was dismissed on June 28, 2024, however, Ms McGinn launched an appeal before it was dismissed again on October 21.
Fitness First operates over 50 branches throughout Australia, with the lowest membership fee starting at $21.99 per week.