Los Angeles, CA: A class action settlement has been reached with L.A. Fitness International, LLC, d/b/a Pro Results ("L.A. Fitness"or "LA Fitness"or "Defendant") in a class action lawsuit filed against LA Fitness in the United States District Court for the Northern District of Illinois (styled Jay Mau v. L.A. Fitness International, LLC d/b/a Pro Results, Case No. 10 C 1411) alleging, among other things, that L.A. Fitness improperly included a Voluntary Termination Clause in its Fitness Service Agreements, and that certain Fitness Service Members were damaged when they paid a fee pursuant to that clause in order to terminate their Fitness Service Agreements prior to the end of the stated terms of those agreements, according to the L.A. Fitness Personal Training Service class action settlement notice.
For settlement purposes, the Court has reportedly defined the "ettlement Class"as follows: (i) All current Fitness Service Members; and (ii) all current and former Fitness Service Members who, at any time between January 1, 2008 and April 7, 2011, paid a voluntary or early termination fee ("ETF") pursuant to the Voluntary Termination Clause in their Fitness Service Agreements when they elected to terminate their Fitness Service Agreements prior to the end of their stated term.
Settlement class members may be entitled to receive a pass good for 45 days free access to all current L.A. Fitness facilities, not including L.A. Fitness Signature Club locations.
Settlement class members who paid a fee pursuant to the Voluntary Termination Clause in their Fitness Service Agreement in order to terminate that agreement prior to the end of its stated term may eligible to receive a cash payment for damages to be paid out of a settlement fund. The amount of the cash payment is equal to each Claimant' ratable amount of the Settlement Fund given the total amount of ETFs paid from January 1, 2008 through April 7, 2011 (reportedly estimated to be approximately 6% of the ETF paid by each Claimant). In order to receive the cash payment, potential Claimants must sign and return the Claim Form that Claimant received in the mail so that the Claim Form is received by the Settlement Administrator by November 19, 2011.
L.A. Fitness has also reportedly agreed to modify certain language of its Fitness Service Agreements A hearing to determine whether the proposed LA Fitness settlement is fair and reasonable and should be finally approved will reportedly be held on August 12, 2011 at 8:30 a.m. before the Honorable Milton I. Shadur in Courtroom 2303 of the United States District Court for the Northern District of Illinois, unless that date is changed by the Court.
