The Biggest Loser is a popular reality television program on NBC. In this competition style series, individuals compete to see who can lose the most weight in a set amount of time. Many of these contestants have been able to lose upwards of 100 pounds. Not only does this new lifestyle allow them to be healthier and more physically fit, but also it can lead to public recognition and endorsement deals.
After Tara Costa lost 155 pounds on the seventh season of The Biggest Loser, she was hired by FC Online Marketing to be a spokesperson for their company at public appearances and in photo shoots. This contract, which began in 2011, has been the subject of multiple legal battles over the past few months. In May, Costa sued FC for the unauthorized use of her image, although that lawsuit has since been dropped. Now FC is suing Costa in the state of Florida for breach of contract and copyright infringement.
The company claims that Costa has violated the terms of her contract by gaining too much weight. An executive for the company estimates that she has gained about 45 pounds since she became their spokeswoman. They claim that this weight gain prevents her from representing their brand. The company alleges that her contract contains a fitness clause in which she agreed to “maintain her current level of fitness and conditioning.”
Before you sign a business contract, it is essential that you are aware of everything in that document. If you are looking for assistance with contract negotiation and counsel, a lawyer may be able to help.
Source: The Huffington Post, “Tara Costa, ‘Biggest Loser’ Contestant, Sued Over Weight Gain,” Cavan Sieczkowski, July 9, 2013