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“Biggest Loser” Contestant Files New York Breach of Contract Suit


Posted on Jan 01, 2016

The 2009 third place finisher of NBC television show The Biggest Loser has filed a breach of contract lawsuit against a fitness company. The lawsuit was initially filed in Florida, although it was later withdrawn and re-filed in New York. The defendant is FC Online Marketing, owner of the franchise Ilovekickboxing.com. The company has since filed a countersuit against The Biggest Loser contestant.

The Biggest Loser contestant filing the New York breach of contract lawsuit is Tara Costa, who lost 155 pounds while competing on the show. The allegations put forth by the two parties include issues surrounding the following:

  • Signing with an alleged competitor
  • In-person appearances
  • Use of Costa’s likeness
  • Costa’s body weight

According to Michael Parrella, chief executive of FC Online Marketing, Tara Costa was hired to be a spokesperson for the company in 2011. He alleges that the contract between the parties contained a fitness clause, which Costa materially breached when she gained weight. The company asserts that Costa gained approximately 45 pounds from the time that she signed the contract to date. They argue that they were supposed to send her to visit 15 franchise locations, but could not do so because of the weight gain. In addition, the company claims that Costa entered into an agreement with the gym franchise Anytime Fitness.

Costa, however, argues that she has not gained the weight that FC Online Marketing alleges. She states that the company has breached the contract by not paying her for appearance fees, as well as for unauthorized use of her name and likeness on its website. She further alleges that she was willing and available to fulfill the terms of the contract.

To learn more about breach of contract and other business litigation matters, contact a New York breach of contract attorney today at (888) 497-3410.

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