Los Angeles, CA: LA Fitness has reached a class action lawsuit settlement over allegations it included an improper termination clause in its contracts for personal training services. The settlement, if approved, could affect current LA Fitness Service Members and people who currently or formerly receive(d) personal training at LA Fitness at any point between 2008 and the present.
The LA Fitness settlement will resolve a class action lawsuit, titled Jay Mau v. L.A. Fitness International, LLC d/b/a Pro Results, that alleges the fitness chain improperly included a Voluntary Termination Clause in its personal training Fitness Service Agreements, and that some members were damaged when they paid a fee under that clause in order to terminate their contracts early.
You're considered a class member of the LA Fitness class action lawsuit settlement if you are (a) a current Fitness Service Member, or (b) a current or former Fitness Service Member who, at any time between January 1, 2008 and April 7, 2011, paid a voluntary early termination fee pursuant to the Voluntary Termination Clause in your Fitness Service Agreements when you elected to terminate your Fitness Service Agreement prior to the end of its stated term.
LA Fitness denies any wrongdoing but has agreed to offer the following benefits to class members under the fitness service settlement:
(1) Free Club Usage. You are entitled to receive a pass good for 45 days free access to all current LA Fitness facilities, not including LA Fitness Signature Club locations. The pass has an estimated value of at least $45.00. You will be allowed to activate this pass after the Final Approval of the LA Fitness settlement has been entered. You must activate your pass within a year of the entry of the Final Order and Judgment, or it will become invalid. You may access and activate the 45-day Club Access Pass on the Settlement Website (fitnessservicesettlement.com).
(2) Cash Payment. If you are a settlement class member and you paid a fee to cancel your personal training service agreement early, you are eligible to receive a cash payment for damages. The amount of the cash payment you will receive will depend on a number of factors, but it is anticipated that the eligible share will be approximately 6% of the early termination fee you paid. To receive a cash payment under the LA Fitness class action settlement, you must submit a claim form to the Settlement Administrator no later than November 19, 2011.
(3) Modification of Contract Language. LA Fitness has agreed to modify the paragraphs entitled "Client' Default"and "Limitation of Liability & Full Release of LA Fitness"in current and future Fitness Service Agreements as described in the Class Action Settlement Notice.