Experience

Floyd v. Fitness International

The claimant, a former City Sports Club member, demanded arbitration following the termination of his membership, alleging that the club failed to adequately investigate or disclose member complaints before terminating him. He asserted claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and violation of Business & Professions Code section 17200, seeking $12,200 in monetary relief ($300 per month from March 2023 plus $5,000 for alleged emotional injuries) along with sweeping non-monetary relief, including reinstatement of his membership, rescission of his ban from all City Sports locations, and a mandated overhaul of the club’s member-dispute policies. Alice Chen Smith and John Park defended on the grounds that the membership agreement permitted the termination and imposed none of the notice, investigation, disclosure, or hearing requirements the claimant sought to impose.

The arbitrator agreed across the board: all of the claimant’s monetary damages claims were denied and dismissed with prejudice, and every request for restitution, injunctive relief, policy revisions, a pre-termination challenge procedure, attorneys’ fees, costs, and sanctions was likewise denied.