‘The X Factor’ Sued by Contestant, 86, for Making Him Too Tired to Perform

Man claims the upcoming Fox show forced him and several family members through a grueling physical regimen; for one, they had to get into and out of a car several times in a row

"The X Factor" doesn't even premiere until next month, but already the legal action that the show is generating has struck entertainment gold.

The singing competition — which former "American Idol" crank Simon Cowell is exporting to the United States this fall — is being sued by 86-year-old contestant Hyman Marks, along with his 54-year-old son, Stephen Marks, and 78-year-old wife, Helen Marks.

The trio's suit claims that Hyman and Stephen's chances of hitting the big time on "The X Factor" were destroyed because they were put through a punishing physical ordeal that left them too exhausted to perform competitively.

Read the full lawsuit here.

According to the suit, Hyman and Stephen made it through multiple rounds of auditions in Miami. Eventually, the "X Factor" staff noticed the novelty of the father-son contestants and decided to give them extra air time — and that's where the trouble began.

The suit claims that the Hyman clan was made to film a segment numerous times, in which they were made to walk from a car into Miami's Bank United Center while a camera filmed multiple takes. Between the 96-degree heat, Hyman's age and Stephen's asthma, the suit alleges, the regimen equaled disaster for the "X Factor" hopefuls.

"As a result of this grueling and discriminatory physical and mental exertion, the judges and the audience never got to see the real Hy Marks and Stephen Marks that day," the suit reads.

Cowell ended up voting no on the duo — because, the suit claims, he felt that Hyman wasn't physically up to the rigors of the process.

The suit, which names Fox, Cowell and the show itself as defendants, claims negligence, fraudulence of representation, and mental anguish.

The Marks' suit asks that they be given another audition. And if not?

"If the 'X Factor' refuses, plaintiffs pray the court will award each of the three defendants $1,000,000 each, totaling $3,000,000."

Fox had no comment for TheWrap on the lawsuit.

Pamela Chelin contributed to this report.