Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

Reality television star sued for breach of contract

A fitness company affiliated with the popular reality television show "The Biggest Loser" is suing a former contestant for what they say is a breach of their contract with her. Florida residents may be familiar with Tara Costa, one of the show's stars, who is being accused of breach of contract in her agreement to be a spokeswoman for the show. The charge, according to representation, is gaining weight.

The company responsible for promotion of "The Biggest Loser", FC Online Marketing, contests that it hired Costa as a spokeswoman under the express understanding that she would maintain "good condition" throughout the contracted period. The company's chief executive has since contended that Costa has gained approximately 45 pounds since 2011. The company is stating the breach of contract has not allowed them to use Costa as a spokeswoman as originally agreed.

Costa's representation has filed a retaliatory law suit against FC here in Florida, a move that will be refiled in the company's home state. Her lawyers contend that she has not, in fact, gained any weight since placing third in the 2009 season of the popular show. The countersuit also alleges breach of contract on the part of FC.

Breach of contract suits are always serious matters, but perhaps especially so in the entertainment industry, where fitness clauses and other specialized contractual obligations are common practice. Regardless whether or not a business is involved in entertainment, however, there is a legal obligation to fulfill the terms of a contract once it has been signed. Derivation from the written agreement constitutes breach of contract, and is actionable in a court of law.

Source:, "Fitness company sues Tara Costa, 'Biggest Loser' star, for weight gain," July 9, 2013

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