PHILADELPHIA – A Philadelphia health club has initiated legal action against a Georgia-based personal training business for alleged overdue payments and lost revenue, among other costs.
NY Diamond Corporation (doing business as “RF Franklin Mills”) of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Nov. 21 versus Chronos Fitness, Inc. (doing business as “Pure Core Personal Training”), of Norcross, Ga.
“On or about Aug. 8, 2016, plaintiff and defendant entered into an agreement whereby Pure Core was granted exclusive rights to sell personal training services at plaintiff’s health club in exchange for a monthly fee to be paid to plaintiff. Pursuant to the agreement, the base monthly payment to be made by Pure Core to plaintiff was $2,750.
“Pursuant to the agreement, Pure Core was to make the payments on the 15th day of each month. The agreement provides that the failure to make timely monthly payments subjects Pure Core to late fees of three percent of the amount due ($82.50), provides that the prevailing party in an action to enforce the terms of the agreement is entitled to recover attorneys’ fees, as well as court costs,” the suit states.
According to the agreement, Pure Core began to fail to make principal payments to plaintiff at the beginning of this year, along with associated late fees and $239.88 in lost revenue after one of the defendant’s personal trainers twice canceled personal training appointments in May, the suit says.
“In or about September of 2017, defendant Pure Core acknowledged directly to plaintiff an amount due of $14,954.88. Thereafter, defendant Pure Core made a partial payment of $5,000.00, leaving a balance due of $9,954.88. Since defendant’s partial payment, defendant has failed to pay the October and November monthly payments, and has failed to pay the associated late fees. As of this date, the total amount due plaintiff from defendant Pure Core is $15,537.38, plus costs and attorneys’ fees,” the complaint adds.
For counts of breach of contract and breach of account stated, the plaintiff is seeking total damages not in excess of $50,000, plus costs, attorney’s fees, interest and other appropriate relief as the Court may deem just and proper.
The plaintiff is represented by Brandon G. Johnson of Gerstein Grayson Cohen & Melletz, in Mount Laurel, N.J.
Philadelphia County Court of Common Pleas case 171102054
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com