What's The Best Franchise for
YOU?
Get the information you need to make a wise decision.


FranChoice
Become "The Man"
             
You need Flash player 8+ and JavaScript enabled to view this video.
Hear industry expert Jeff Elgin speak about the rewards of franchise ownership.

Overwhelmed?
Let the industry expert consultants from FranChoice guide you in your search for the perfect franchise opportunity.
        

CURVES - FDD UFOC ITEM 3 Detail

Item 3. Litigation

Marie Hammill v. Lunaco. Inc. d/b/a Curves for Women and Ecoloeical Services International. Inc. and Curves International. Inc. No. 05-14887; filed in Montgomery County, Pennsylvania. On 10/25/06, a third-party action for indemnification was filed against Us by Ecological Services. Plaintiff, a member of a Curves� franchise, alleges injury from a piece of equipment as a result of alleged strict liability and breach of warranty. As of the date of this Disclosure Document, this case is still pending.

 

Lita Ford v. Lin Vinicky, Kellie Punklett. Curves for Women d/b/a Curves. Pee Vee Inc. d/b/a Curves for Women in Chicaeoland, Hieher GroundManagement Inc.. Curves International, Inc. and Ecological Services International. Inc. Case No. 2005 L 010716; filed in Cook County, Illinois. On 9/29/05, an action was filed against Us by a member of a Curves� franchise for injuries allegedly sustained on a piece of equipment resulting from alleged negligence and strict liability. Ecological Services has filed a counterclaim against Us and the franchisee for indemnification. As of the date of this Disclosure Document, this case is still pending.

 

Barbara Broome v. Curves International, Inc.. Sonic Records, Inc. and/or Daryl Battaelia, Sr., d/b/a "Curves" and "ABC" Insurance Company. Case No. 106-511; filed in St. Bernard Parish, Louisiana. On 6/23/06, an action was filed against Us by a member of a Curves� franchise for injuries allegedly sustained by stepping on a foreign object resulting from an alleged failure to warn and provide adequate safety protocols. As of the date of this Disclosure Document, this case is still pending.

 

Nina R. Moss, et al v. Curves International, Inc. Case No. 06-21876; filed in U.S. District Court for the Southern District of Florida. On 7/27/06, an action was filed against Us by former and current franchisees alleging breach of contract, breach of implied covenant of good faith and fair dealing, violation of Florida Franchise Act, fraudulent inducement, concealment, negligent misrepresentation, omission, rescission and DTPA violations for Our alleged failure to provide ongoing franchise support, placing franchise locations too close together and misstatements on Our Disclosure Document. On May 23, 2007, this case was transferred to U.S. District Court for the Western District of Texas, Waco Division, and consolidated with the case styled Momentum Marketins Sales & Service, Inc., et al. v. Curves International, Inc. and Howard Gary Heavin; Civil Action No. W07CA048. As of the date of this Disclosure Document, this case is still pending.

 

Momentum Marketins Sales & Service, Inc.. etal v. Curves International. Inc. and Howard Gary Heavin. Civil Action No. W07CA048; filed in U.S. District Court, Western District of Texas, Waco Division. On 2/14/07, an action was filed against Us by former/current franchisees alleging breach of contract, breach of implied covenant of good faith and fair dealing, fraudulent inducement, concealment, negligent misrepresentation and omission, rescission, violations of the Texas Deceptive Trade Practices and Consumer Protection Act, violation of Illinois Franchise Disclosure Act, violation of Missouri Merchandising Practices Act, violation of Massachusetts Unfair Trade Practices Act, violations of Ohio Consumer Sales Practices Act, violation of Pennsylvania Unfair Trade Practices/Consumer Protection Law, violation of Minnesota Franchise Act, violation of Michigan Franchise Investment Law, violation of Connecticut Unfair Trade Practices Act, violation of Maryland Franchise Registration and Disclosure Law, violation of Maryland Consumer Protection Act, violation of New Hampshire Consumer Protection Act, violation of Georgia Fair Business Practice Act, violation of Wisconsin Franchise Investment Law, violation of North Carolina Unfair Trade Practices Act, violation of Arkansas Franchise Practices Act, violation of Arkansas Deceptive Trade Practices Act, violation of Indiana Franchise Practices Act, violation of Indiana Deceptive Trade Practices Act, violation of Colorado Consumer Protection Act, violation of Florida Franchise Act and violation of Iowa Franchise Act for Our alleged failure to provide ongoing franchise support, placing franchise locations too close together and misstatements on Our Disclosure Document. As of the date of this Disclosure Document, this case is still pending.

 

Emily Domineuez. etal v. Curves International Inc. and Howard Gary Heavin. Civil Action No. 07-388 (KSH); filed in U.S. District court for the District of New Jersey, Newark Vicinage. On 1/24/07, an action was filed against Us by former/current franchisees alleging breach of contract, breach of implied covenant of good faith and fair dealing, violation of New Jersey Franchise Practices Act, fraudulent inducement, concealment, negligent misrepresentation and omission and rescission for Our alleged failure to provide ongoing franchise support, placing franchise locations too close together and misstatements on Our Disclosure Document. On August 8, 2007, this case was transferred to U.S. District Court for the Western District of Texas, Waco Division and consolidated with the case styled Momentum Marketing Sales & Service. Inc.. et al v. Curves International. Inc. and Howard Gary Heavin; Civil Action No. W07CA048. As of the date of this Disclosure Document, this case is still pending.

 

Curves International, Inc. v. Sandra Greene. Cause No. 2007-472-5; filed in McLennan County, Texas. On 2/9/07, We filed an action against a former franchisee seeking recovery of damages for breach of contract and conversion resulting from said former franchisee''s abandonment of the franchise. On May 23,2007, this case was transferred to U.S. District Court for the Western District of Texas, Waco Division, and consolidated with the case styled Momentum Marketins Sales & Service, Inc., et al v. Curves International Inc. and Howard Gary Heavin: Civil Action No. W07CA048. As of the date of this Disclosure Document, this case is still pending.

 

Julie Coolev. etal. v. Curves International, Inc. and Howard Gary Heavin. Civil Action No. CV 07 0680R (SHX); filed in U.S. District Court, Central District of California. On 1/29/07, an action was filed against Us by former/current franchisees alleging breach of contract, breach of implied covenant of good faith and fair dealing, violation of California Franchise Investment Law, violation of California Unfair Competition Law, fraudulent inducement, concealment, negligent misrepresentation and omission and rescission for Our alleged failure to provide ongoing franchise support, placing franchise locations too close together and misstatements on Our Disclosure Document. On July 30, 2007, the court dismissed this case based on the mediation clause of the respective franchise agreements and ordered that the parties submit to mediation without prejudice to any party moving to reopen the case within 90 days after completion of mediation. On January 9, 2008, the court entered an order vacating the dismissal and reopening this action. As of the date of this Disclosure Document, this case''is still pending.

 

Healthy Directions Northwest. Inc. v. Curves International Inc., Georse Blaine and Sandy Blaine d/b/a Curves. Cause No. 2006-3005-5; filed in McLennan County, Texas. On 8/23/06, an action was filed against Us by a former franchisee alleging fraudulent inducement, breach of third-party beneficiary contract, DTPA violations, negligent misrepresentations and malice in connection with a

Curves� club location. As of the date of this Disclosure Document, this case is still pending.

 

Ann Marie Lees v. Curves International Inc. and Linda s. Panasci andIleen Marie Forcine aVb/a Curves of Rosement. No. 06-20304; filed in Delaware County, Pennsylvania. On 12/21/06, an action was filed against Us by a member of a Curves� franchise alleging negligence and strict liability in connection with injuries allegedly sustained by a piece of equipment. As of the date of this Disclosure Document, this case is still pending.

 

Luv2BFit, Inc., etal v. Curves International. Inc. and Howard Gary Heavin. Case No. 06-CV-15415 (CSH); filed in U.S. District Court, Southern District of New York. On 1/24/07, an action was filed against Us by former/current franchisees alleging breach of contract, breach of implied covenant of good faith and fair dealing, violation of New York General Business Law �680, violation of the New York Deceptive Acts and Practices Act, fraudulent inducement, concealment, negligent misrepresentation and omission and rescission for Our alleged failure to provide ongoing franchise support, placing franchise locations too close together and misstatements on Our Disclosure Document. As of the date of this Disclosure Document, this case is still pending.

 

Curves International, Inc. v. Lydia Samanieso Romero. Cause No. 2007-473-5; filed in the 414th Judicial District court, McLennan County, Texas. On 2/9/07, We filed an action against a former franchisee seeking recovery of damages for breach of contract and conversion resulting from said former franchisee''s abandonment of the franchise. In April 2007, this case was transferred to the 170th Judicial District Court and consolidated with the case styled Linda G. Woodward. Susan Taylor Harper, Lydia S. Romero, Jeffrey P. Kalbfleisch and Stephanie Kalbfleisch v. Curves International, Inc.; Cause No. 2007-1065-4. As of the date of this Disclosure Document, this case is still pending.

 

Linda G. Woodward. Susan Taylor Harper, Lydia S. Romero, Jeffrey P. Kalbfleisch and Stephanie Kalbfleisch v. Curves International, Inc. Cause No. 2007-1065-4; filed in the 170''" Judicial District Court, McLennan County, Texas. On March 20, 2007, an action was filed against Us by former and current franchisees seeking compensatory and punitive damages for alleged breach of contract, fraudulent inducement and concealment, negligent misrepresentation and omission, rescission and violation of the Texas Deceptive Trade Practices and Consumer Protection Act. As of the date of this Disclosure Document, this case is still pending.

 

Bonnie Lee Frasier v. Curves International, Inc., DAB Health Services, LLC and Capece Limited Partnership. Index No. 20070353; filed in Montgomery County Supreme Court, New York. On April 10,2007, an action was filed against Us by a member of a Curves� franchise seeking damages for alleged negligence in connection with injuries she allegedly sustained exiting the premises of said franchise. As of the date of this Disclosure Document, this case is still pending.

 

Marianne Hendrix v. Curves International. Inc.. Curves of Del Rio. Shervl Whitworth and Michael Whitworth. Cause No. 26770; filed in the 83rd Judicial District Court, Val Verde County, Texas. On August 27, 2007, an action was filed against Us by a member of a Curves� franchise seeking damages for alleged negligence, gross negligence, dangerous/defective condition, breach of contract, fraud and violations of the Deceptive Trade Practices Act in connection with injuries she allegedly sustained when she lost her balance and fell. As of the date of this Disclosure Document, this case is still pending.

Doris T. Holland and Floyd M. Holland v. Deborah''s Health and Wellness, LLC, Deborah Hull, Lee Hull and Curves International, aka Curves for Women. Case No. 07CV960D; filed in the Court of Common Pleas, Richland County, Ohio. On July 6,2007, an action was filed against Us by a member of a Curves� franchise and her husband. The member is seeking damages for alleged breach of contract, negligence and breach of duty as a business invitee in connection with injuries she allegedly sustained when she fell off a piece of exercise equipment. The member''s husband is seeking damages for deprived society, companionship and services of his wife. As of the date of this Disclosure Document, this case is still pending.

 

Curves International, Inc. v. Linda S. Mosbarser. Case Action No. 2:07-CV-807-NHT; filed in U.S. District court, Middle District of Alabama, Northern Division. On September 7,2007, We filed an action against a former franchisee seeking damages for breach of contract, unfair competition, misappropriation of goodwill, federal trademark infringement, false designation and misrepresentation of origin and federal trademark dilution arising out of said former franchisee''s operation of a fitness and weight loss facility that competes with Our fitness and weight loss facilities. As of the date of this Disclosure Document, this case is still pending.

 

Ruth Ann Poole v. Faithfully Fit, Inc. d/b/a Curves & Curves International Inc. No. 07-L-98; filed in the First Judicial Circuit Court, Williamson County, Illinois. On July 12, 2007, an action was filed against Us by a member of a Curves� franchise seeking damages for alleged negligence and failure to warn in connection with injuries she allegedly sustained when her foot allegedly caught on a piece of equipment causing her to fall. As of the date of this Disclosure Document, this case is still pending.

 

Bonnie Plumb, Next Friend to Ruby Erdelv v. Curves International, Inc. Case No. 07-731493 NO; filed in Wayne County, Michigan. On November 28, 2007, an action was filed against Us by a member of a Curves� franchise for injuries allegedly sustained on a piece of equipment resulting from alleged negligence and breach of warranty. As of the date of this Disclosure Document, this case is still pending.

 

Richard M. Zelma v. Fleischers'' Fitness LLC d/b/a Curves of Closter and Michael Fleischer and Andrew Fleischer d/b/a Curves for Women a/k/a Curves ofWestwood and Curves International Inc. d/b/a a/k/a Curves. Docket No. L-8084-07; filed in the Superior Court of Bergen County, New Jersey - Law Division. On November 7, 2007, an action was filed against Us by the husband of a former member of a Curves� franchise alleging employees at said franchise engaged in prohibited telemarketing. As of the date of this Disclosure Document, this case is still pending.

 

Sylvia Zuniga v. Curves International. Inc. Case No. 07-36155CA02; filed in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida. On October 24,2007, an action was filed against Us by a former employee alleging promissory estoppel and breach of oral contract for wrongful termination. As of the date of this Disclosure Document, this case is still pending.

 

Sam Hance, Don Buster, Robert Findtey, Charles William Cunningham, David Mesmer. Cathy Reardon and Parrel Payne v. Curves International Inc.. Howard Gary Heavin and Roger Schmidt. Cause No. 2005-760-4: filed in the 170th Judicial District Court, McLennan County, Texas. On March 10, 2005, an action was filed by Our former independent sales representatives


against Us, Howard Gary Heavin and Roger Schmidt seeking recovery of damages for alleged fraud, breach of fiduciary duty, declaratory judgment, breach of contract, recission, and tortuous interference with contract. A confidential settlement agreement between the parties was reached in which We paid the plaintiffs additional amounts in proportion to the number of Curves franchises each plaintiff sold. All alleged claims were declared to have no matter and were withdrawn.. On October 19, 2005, the court dismissed this case.

 

Connie Toenines and John Toenines v. Kristen LeBlanc, individually and d/b/a Curves for Women. Curves International and Ecolosical Services International Inc. Case No. 06-152 NO; filed in St. Joseph County, Michigan. On 2/15/06, an action was filed against Us by a member of a Curves� franchise alleging negligence, gross negligence, willful and wanton misconduct, breach of implied warranties and breach of Michigan''s Product Liability Law for injuries allegedly sustained by a piece of equipment. A cross-claim has been filed against Us by Ecological Services for indemnification. A confidential settlement agreement between the parties was reached in which We did not pay any material monetary amount. The case was dismissed by the court in October 2007.

 

Karen Garcia v. PGM Partners, Rye, C/O PLC Management E & F Fitness, Inc.. Delilah Realty Co., LLC, and Curves International Index No. 07198-06; filed in Suffolk County, New York. On 5/17/06, an action was filed against Us by a member of a Curves� franchise for injuries allegedly sustained in a slip and fall incident as a result of alleged negligence. On January 28,2008, the court granted Our motion for summary judgment. As of the date of this Disclosure Document, the order has not yet been entered by the court.

 

Karen A. Svdnor v. Curves for Women Charlotte Hall Shape Makers, LLC d/b/a Curves for Women Charlotte Hall, William Squires, Sports & Fitness d/b/a Curves for Women, Curves International, Inc. and Ecological Services. Int''l, Inc. Case No. 18-C-07-000182OT;filedinthe Circuit Court for St. Mary''s County, Maryland. On February 8,2007, an action was filed against Us by a member of a Curves� franchise seeking damages for alleged negligence and products liability-design defect/manufacturing defect/failure to warn in connection with injuries she allegedly sustained on a piece of equipment. On August 3,2007, Defendant Ecological Services filed a cross claim against Us for indemnification and/or contribution. A confidential settlement agreement was reached by the parties in which We did not pay any material monetary amount. The court entered an order of dismissal on January 22, 2008.

 

Other than these 25 actions, no litigation is required to be disclosed in this Disclosure Document.

 





Franchise Categories - Franchises - Curves - CURVES FDD & UFOC Data - CURVES FDD & UFOC ITEM 3 -



free tracking