What Rights Do I Give Up If I Participate Or Do Nothing?

Released Claims and Released Parties

Upon the final approval by the Court of the settlement, unless you submitted a valid and timely Opt-Out Request, you shall be deemed to have fully, finally, and forever released the “Released Claims.”  The Released Claims shall mean any and all claims, demands, actions, causes of action, rights, offsets, suits, damages (whether general, special, punitive, or multiple), lawsuits, liens, costs, losses, expenses, penalties, or liabilities of any kind whatsoever, for any relief whatsoever, including monetary, injunctive, or declaratory relief, or for reimbursement of attorneys’ fees, costs, or expenses, whether known or unknown, whether direct or indirect (whether by assignment or otherwise), whether under federal, state, or local law, whether alleged or not alleged in the Action, whether suspected or unsuspected, whether contingent or vested, which any of the Class Representatives or Class Members have had, now have, or may have in the future against the Released Parties, and which were raised or which could have been raised in the Action and which arose during the Class Period and arise out of the factual allegations or are based on the same factual predicates as alleged in the Action’s Third Amended Complaint.  This specifically includes any and all claims for breach of contract, unjust enrichment, misrepresentation, and/or violations of consumer protection acts, health spa acts, or prepaid entertainment contract statutes resulting from Urban Active’s sales, communications, contracting, billing, and/or cancellations of any gym and personal training contracts.

The “Released Parties” means Global Fitness Holdings, LLC doing business as Urban Active Fitness and its past, present or future direct or indirect officers, directors, shareholders, members, managers, employees, agents, principals, heirs, representatives, fiduciaries, assigns, attorneys, accountants, auditors, consultants, both individually and in their official capacities, insurers and reinsurers, employee benefit plans, divisions and its respective successors and/or assigns, predecessors in interest, subsidiaries, affiliates, parents, and attorneys.  The term “Released Parties” expressly includes, but is not limited to, Fitness International, LLC and Fitness and Sport Clubs, LLC d/b/a LA Fitness, and their past, present or future direct or indirect officers, directors, shareholders, members, managers employees, agents, principals, heirs, representatives, fiduciaries, assigns, attorneys, accountants, auditors, consultants, both individually and in their official capacities, insurers and reinsurers, employee benefit plans, divisions, and their respective successors and/or assigns, predecessors in interest, subsidiaries, affiliates, parents, and attorneys.