You did the work out.

Twice!

You ate the protein powder.

Yet the only six pack around is the one that gym owner bought with your fee.

And as for no pain no gain, nobody mentioned that the protein powder would leave you with stomach cramps.

So what are your rights?

Well if the gym or the work out provider contractually bound himself to ensure you would look unnervingly like the Governor of California, you might have some grounds for a day in court if people still kick sand in your face on the beach.

Sales Puff

The odds are, however, that the Court will say that there was not a contractual term but just “sales puff”.

“Sales puff” is something advertising men promise to catch your eye. You know it is not real! It is the promise that a certain deodorant will make girls fall at your feet - in a good way. You aren’t really expected to believe it. You won’t be surprised if it doesn’t really happen.

But what about if their advice harms you?

If they have given you training advice and you have relied upon it and suffered injury as a result of following that advice, then certainly, you might be able to sue.

Moreover they can’t point to the contract or warning on the notice board to get themselves off the hook. Under the Unfair Contract Terms Act 1977 no contractual term or notice is effective to exclude liability for negligence which causes death or personal injury.

So as regards those stomach cramps, it may well be “hasta la vista, baby!” And that’s not just in the smallest room…..