Facts

Plaintiff Linn Lowes, filed suit against Defendant Fitplan Technologies Inc. for breach of contract after Fitplan and Plaintiff entered into a Training Program Development Agreement in order for Plaintiff to create and feature in fitness training videos on the Fitplan App, in exchange for a monthly fee of $100,000.00 per month. Plaintiff alleged after the parties into the agreement, Fitplan immediately breached the contract. The parties thereafter settled where Fitplan agreed to pay Plaintiff $496,814.17, but Fitplan subsequently failed again to pay Plaintiff, who then filed for breach of contract on the settlement agreement.

PLAINTIFF'S CONTENTIONS: Plaintiff contended she was an internationally recognized fitness trainer and model from Sweden with a large and loyal fan base, whose training videos appear on Fitplan's web and mobile fitness application. Specifically Plaintiff contended that she was Fitplan's star athlete, who generated a significant amount of users and revenue for the company, but Fitplan failed twice to pay Plaintiff hundreds of thousands of dollars that were contractually owed to her. Plaintiff further contended that although she contractually performed her obligations under the Settlement Agreement and Note, Fitplan breached the Settlement Agreement and Note when it failed to pay Plaintiff the $522,127.68 payment that was required by December 31, 2020, or the entire balance on the February 28, 2021. Instead Plaintiff contended Fitplan had only paid her $125,000.00 since December 31, 2020.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions.

Result

The court entered judgment in favor of Plaintiff and awarded $746,814.00. Fitplan was also permanently enjoined from using any fitplans videos or resources that contained Lowes.