LA Fitness, Irvine, CA, reached a class action lawsuit settlement in one case and won an appeal that overturned a verdict that had awarded the plaintiff more than $500,000 in another case.

In the case Jay Mau v. LA Fitness International LLC dba Pro Results, the plaintiff alleged that LA Fitness improperly included a voluntary termination clause in its personal training agreements and that some members paid a fee under that clause in order to cancel their contracts early.

Although LA Fitness denied any wrongdoing, the company agreed to modify language in current and future contracts and give members in the class action suit a free 45-day pass to all LA Fitness clubs excluding LA Fitness Signature Club locations as well as a cash payment worth about 6 percent of the early termination fee that they had paid. 

The other case, Allen v. LA Fitness International LLC, was argued May 9 in the Superior Court of New Jersey, Appellate Division. Plaintiff Eileen Allen had been awarded $525,000 in damages after a jury in a trial court found LA Fitness negligent in the case. Allen claimed she injured her shoulder performing what she termed an unsafe exercise in an LA Fitness club under the supervision of a personal trainer whom she claimed did not assess her condition and needs. Allen had signed an 18-month personal training contract at the club.

On June 15, the appellate court decided that there was no evidence of reckless conduct or gross negligence on the part of LA Fitness. The court disagreed with Allen’s assertion that her contract that included her acknowledgement and assumption of risk and release was different because the contract was for a personal trainer.

LA Fitness declined further comment on either case.

Want to use this article? Click here for options!
© 2012 Penton Media Inc.