By Daily Press Staff report
“We’re gonna make you do it,” proclaims Better Body Maker, a fitness shop on Santa Monica Boulevard in Westwood. But when Neva Rogers of Carson decided that no amount of “doing” was going to succeed in cutting her weight, she sued for the return of her $2,250 program fee.
Rogers, who is 75 years old and appeared in Santa Monica Small Claims Court with a cane last week, prevailed after the shop offered her only a partial refund.
Rogers contracted in February for 45 one-hour sessions with a personal trainer in order to lose 60 lbs. She said the proprietor, Hany Mikhaiel, gave her confidence despite her history of disabilities.
“I told him I have arthritis in my back and knee and have had three major surgeries.,” she said. “He said their trainers were very good, and they knew how to take care of everything.”
“I told him I have arthritis in my back and knee and have had three major surgeries. He said their trainers were very good, and they knew how to take care of everything.” — — NEVA ROGERS Plaintiff
Despite the reassurances, she became dispirited after a single session.
“When I got home, my knees hurt,” she said. So Rogers canceled the contract she’d signed just two days earlier.
Mikhaiel said he had no problem refunding $1,600 of Rogers’ money, but claimed that he’d already paid someone to draw up a nutrition program for her and had paid a personal trainer to handle the work.
“I take full responsibility,” he told Santa Monica Judge Pro Tem Stu Rissman. “But I already paid a commission as well as a trainer.”
He added that he had already arranged three sessions for Rogers, and couldn’t afford a full refund since he was “out the money” for the other services.
“She totally understood that there would be some work,” said Mikhaiel, who appeared in court with a T-shirt sporting the shop’s slogan.
Rissman asked the pair if they could settle the case, but warned them he would not take into account testimony that at one time Rogers had offered to accept the $1,600 but had later turned it down.
“Settlement discussions ring no bells with me,” he told both the trainer and the customer. Rissman said he does not care about earlier settlement agreements if cases don’t settle and come before him.
Rissman awarded her a full refund without comment. There is a “cooling off” period in California law allowing customers to cancel health club memberships within three days of signing without penalty.
Originally published in the Santa Monica Daily Press print edition on September 14, 2002. Read the original PDF.