Amber Gascho, et al., v. Global Fitness Holdings, LLC,
UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION; No. 2:11-cv-436

Frequently Asked Questions

Following is a list of frequently asked questions about this settlement. To view the answer to a question, please click on the question from the list below. The answers to these questions will be updated periodically to reflect the current status of the settlement.

1. Why Did I Get Notified?

Urban Active's records indicate that you may have signed a gym membership contract or personal training contract with Urban Active during the period of January 1, 2006, to October 26, 2012. You received the Notice because you had a right to know about a proposed settlement of a class action lawsuit and about your options before the Court decides whether to grant final approval of the settlement.

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2. What Is This Lawsuit About?

The Class Representatives claim for the Class that Urban Active breached its contracts, unjustly enriched itself, and violated state consumer protection and health spa statutes during the sales, servicing, billing, and cancellation of its contracts. Specifically, the Class Representatives allege that Urban Active failed to disclose all fees and costs associated with membership, misrepresented the terms and provisions of its contracts, failed to provide customers with all appropriate documentation at the time of sale, failed to honor valid notices of cancellation, and adopted multiple cancellation policies that violated its contracts and confused members seeking to cancel.

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3. What Is Urban Active's Position?

Urban Active denies any wrongdoing, denies that it violated any law, and contends that at all times it complied with federal, state, and local laws.

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4. Why Is There A Settlement?

The Court did not decide in favor of Plaintiffs or Defendant. Instead, both sides agreed to the proposed settlement. The litigation has lasted for more than two years and involved numerous motions and extensive discovery. Class Counsel and the Class Representatives believe that the amount of the settlement is fair and reasonable in light of the strengths and weaknesses of the claims and other factors.

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5. How Do I Know If I Am Part Of The Settlement?

All individuals who signed a gym membership contract or personal training contract with Urban Active during the period of January 1, 2006, to October 26, 2012, are part of the Class. The settlement also provides for other relief, as outlined in the Legal Notice and in Frequently Asked Question 7.

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6. I Got A Similar Notice in 2012 Related to the Lawsuit Seeger v. Global Fitness Holdings, LLC, Do I Still Need to Do Anything?

Yes, if you want to participate in this settlement and receive money, you had to file a new claim form. The Seeger v. Global Fitness Holdings, LLC lawsuit was not finally approved by the court, meaning the settlement never took effect. Any letters, notices, or claim forms related to the Seeger v. Global Fitness Holdings, LLC settlement do not count and are unrelated to this settlement.

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7. What Does The Settlement Provide?

When the Settlement become final, Class Members who submitted timely and valid Claim Forms will receive a Claim Award (monetary compensation). As shown below, the amount of each Class Member's total Claim Award depends on how many Subclasses each Class Member qualifies under.

Class/Subclass

Claim Award*

Definition/Requirements

The "Class"

$5.00

Signed a gym membership contract or personal training contract with Urban Active on or between January 1, 2006, and October 26, 2012.

The "FIF Subclass"

$20.00

Paid a $15 Facility Improvement Fee, Club Administrative Fee, or any other biannual $15 fee to Urban Active on or between April 1, 2009, and October 26, 2012.

The "Gym Cancel Subclass"

$20.00

Cancelled a gym membership contract with Urban Active on or between January 1, 2006, and October 26, 2012.

The "Personal Training Cancel Subclass"

$30.00

Cancelled a personal training contract with Urban Active on or between January 1, 2006, and October 26, 2012.

* The Class and Subclass Claim Awards are cumulative, meaning that if a Class Member qualifies under the Class and all Subclasses then that Class Member shall recover $75.00. You can only qualify once under each category.

There are approximately 606,246 Class Members, 316,721 FIF Subclass Members, 387,177 Gym Cancel Subclass Members, and 64,805 Personal Training Cancel Subclass Members. The parties have agreed that a Minimum Class Payment of $1,300,000.00 will be required. If an insufficient number of Class/Subclass Members file a Claim Form, then each Class Member's Claim Award will be increased until the Minimum Class Payment is met. For services provided to the Class, the parties have agreed that the Class Representatives will receive Enhancement Payments in the amount of $5,000 each to Albert Tartaglia and Michael Bell, $3,500 each to Amber Gascho, Ashley Buckenmeyer, Michael Hogan, Edward Lundberg, Terry Troutman, Anthony Meyer, Rita Rose, and Julia Snyder, and $1,000 each to Matt Volkerding and Patrick Cary. The Class Representative Enhancement Payments are included in the Minimum Class Payment.         

In addition to the Claim Awards set forth above, Urban Active has agreed to pay all third party administration costs which are estimated to be $496,259 and Class Counsel's reasonable attorneys' fees and litigation costs in an amount no greater than $2,390,000. The payment of the third party administration costs and the attorneys' fees and litigation costs will have no effect on, and will not reduce in any way, payment to Class or Subclass Members.

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8. How Can I Get Payment?

You had to complete and return a Claim Form, and the claim had to be received by the Claims Administrator by no later than 11:59 p.m. December 30, 2013. This deadline has passed and claims are no longer being accepted.

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9. 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.

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10. How Do I Exclude Myself From The Settlement?

The deadline to exclude yourself from the settlement was December 30, 2013.  That deadline has passed and exclusions are no longer being accepted. 

If you did not submit a complete and timely written Opt-Out Request, you were included in the Class and Subclasses, and have been bound by the terms of the settlement (including the Released Claims described in Frequently Asked Question 9 above), regardless of whether you filed a Claim Form and/or objected to the settlement.

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11. When Is The Final Approval Hearing and When Will I Get My Payment?

The Court held a fairness hearing in Courtroom 228 of the United States District Court for the Southern District of Ohio, Eastern Division, 85 Marconi Boulevard, Columbus, Ohio, 43215, on July 16, 2014, to determine whether the settlement is fair, reasonable, and adequate; and if there were objections, the Court considered them. The Court also asked to approve Class Counsel's request for Attorneys' Fees and Costs, the Class Representatives' Enhancement Payments, and the Settlement Administration Costs. The Court granted final approval of the settlement on July 16, 2014.

Appeals were filed on July 31, 2014 and August 14, 2014. It is always uncertain when these issues can be resolved, and resolving them can take time. This website will be updated as soon as more information is available.

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12. How Do I Object To The Settlement And Appear At The Final Approval Hearing?

Any Class or Subclass Member who did not file an Opt-Out Request had the right to object to the proposed settlement and/or the award of attorneys' fees and expenses, and to appear at the Final Fairness Hearing, either on his or her own or through an attorney hired at his or her expense.  Any Class or Subclass Member who wished to object to the proposed settlement had to file with the Court and serve on Class Counsel and Defendant's Counsel a written statement of objection no later than the Claim Period Deadline which was December 30, 2013. This deadline has passed and objections are no longer being accepted.

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13. How Do I Get Additional Information?

The information in the Legal Notice and in the FAQ section of this website is a summary of the basic terms of the settlement.  For the precise terms and conditions of the settlement, you should consult the detailed Settlement Agreement and Release between Plaintiffs and Defendants which is on file with the Clerk of the Court, Case No. 11-cv-00436 and available here.  The pleadings and other records in this litigation, including the settlement agreement, may be examined at any time during regular business hours at the Office of the Clerk of the United States District Court for the Southern District of Ohio, Eastern Division.  Certain documents are also available at the Case Documents section of this website.

If you have any questions, you can call the Claims Administrator at 1-888-484-2005, send an email to mail@UrbanActiveLawsuit.com or mail a letter to the Claims Administrator at Urban Active Settlement, c/o Dahl Administration, PO Box 3614, Minneapolis, MN, 55403-0614.

PLEASE DO NOT WRITE OR TELEPHONE THE COURT OR THE OFFICE OF THE CLERK FOR INFORMATION REGARDING THIS SETTLEMENT OR THE CLAIM PROCESS.

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