EXHIBIT A 

Case: 1:20-cv-03335 Document #: 1-1 Filed: 06/05/20 Page 1 of 30 PageID #:11
Affidavit of Process Server 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 

JASON WILLIAMS VS PLANET FITNESS, INC., ET AL. 2020-CH-04099 

PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT CASE NUMBER 

GRANVILLE MORRIS being first duly sworn, depose and say: that I am over the age of 18 years and 

not a party to this action, and that within the boundaries of the state where service was effected, I was authorized by law to 

perform said service. RECEIVED 05/07/2020 

PLANET FITNESS, INC. Service: I served 

NAME OF PERSON / ENTITY BEING SERVED 

with (list documents) SUMMONS & COMPLAINT WITH JURY DEMAND 

by leaving with JOLITA QUINDARA MANAGING AGENT At

NAME RELATIONSHIP 

0 Residence 

ADDRESS CITY / STATE 

ig Business C/O COGENCY GLOBAL INC., 850 NEW BURTON ROAD, DOVER, DE 19904 

AUUttbbb L;ItY/SIAlh 

On 05/07/2020 

DATE 

AT 3:00 PM 

TIME 

Thereafter copies of the documents were mailed by prepaid, first class mail on 

DATE 

from 

CITY STATE ZIP 

Manner of Service:

El CORPORATE 

El Personal: By personally delivering copies to the person being served. 

ID Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being 

served with a member of the household over the age of 18 and explaining the general nature of the papers. 

❑ Substituted at Business: By leaving, during office hours, copies at the office of the person/entity being served with 

the person apparently in charge thereof. 

CI Posting: By posting copies in a conspicuous manner to the front door of the person/entity being served_ 

Ei Non-Service: After due search, careful inquiry and diligent attempts at the address (es) listed above, I have been 

unable to effect process upon the person/entity being served because of the following reason(s): 

rjUnknown at Address 0 Moved, Left no Forwarding 0 Service Cancelled by Litigant 0 Unable to Serve in Timely Fashion 

0 Address Does Not Exist 0 Other 

Service Attempts: Service was attempted on: (1) (2) 

DATE TIME DATE TIME 

(3) (4) 

DATE TIME DATE TIME DATE TIME 

AGE 35 S eXFEMALE Race SATE HeightS'S Weight 160 HAIR BLONDE 

(5) 

SIGNATURE OF PROCESS SERVER 

ILLE MORRIS 

SUBSCRIBED AND SWORN in the State of Delaware, New Castle County before me this 7TH day of MAY .2020. 

?-1= 

KEVIN DUNN 1 NOTARY PUBLIC 1

STATE OF OtLAWARE 

I My 0111)11109in Exorts Smettiber 14, 2020 

SIGNATURE OF NOTARY PUBLIC 

NOTARY PUBLIC for the state of DELAWARE 

AssnataTinm IIP PR(WPQgifIPJAI PSZnr.PQR Rr141/PRR 

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Affidavit of Process Server 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 

JASON WILLIAMS VS PLANET FITNESS, INC., ET AL. 2020-CH-04099 

PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT CASE NUMBER 

1 KEVIN S. DUNN being first duly sworn, depose and say: that I am over the age of 18 years and 

not a party to this action, and that within the boundaries of the state where service was effected, I was authorized by law to 

perform said service. RECEIVED 05/08/2020 

Service: I served PLANTF HOLDINGS, LLC 

NAME OF PERSON / ENTITY BEING SERVED 

with (list documents) SUMMONS & COMPLAINT WITH JURY DEMAND 

by leaving with LYNANNE GARES MANAGING AGENT 

❑ Residence 

NAME RELATIONSHIP 

At 

ADDRESS CITY / STATE 

21 Business CIO CORPORATION SERVICE COMPANY, 251 LII ILE FALLS DRIVE, WILMINGTON, DE 19808 

AULnitbb 

On 05/08/2020 AT 1:45 PM 

DATE TIME 

Thereafter copies of the documents were mailed by prepaid, first class mail on 

DATE 

from 

CITY STATE ZIP 

Manner of Service:

Egl CORPORATE 

❑ Personal: By personally delivering copies to the person being served. 

❑ Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being 

served with a member of the household over the age of and explaining the general nature of the papers. 

❑ Substituted at Business: By leaving, during office hours, copies at the office of the person/entity being served with 

the person apparently in charge thereof. 

❑ Posting: By posting copies in a conspicuous manner to the front door of the person/entity being served_ 

Non-Service: After due search, careful inquiry and diligent attempts at the address (es) listed above, 1 have been 

unable to effect process upon the person/entity being served because of the following reason(s): 

❑ Unknown at Address ❑ Moved, Left no Forwarding ❑ Service Canceled by Litigant ❑ Unable to Serve in Timely Fashion 

❑ Address Does Not Exist ❑ Other 

Service Attempts: Service was attempted on: (1) (2) 

DATE TIME DATE TIME 

(3) (4) (5) 

DATE TIME DATE TIME DATE TIME 

Age 45 Sex FENIALE Race WHITE Height 5'5 Weight 180 BROWN 

SIGNATURE OF PROCESS SERVER 

SUBSCRIBED AND SWORN to before me this 8TH day of MAY ,2020. 

DENORRIS ANGELO BRITT 

NOTARY PUBLIC 

STATE OF DELAWARE 

My Commission Expires May 1, 2022 

SIGNATURE OF NOTARY PUBLIC 

NOTARY PUBLIC for the state of DELAWARE 

ARRnr.tn-rinim CIF DPCIFFRRVIPJAI PROC.PRR .RFIMPPR 

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STATE OF ILLINOIS 

COOK COUNTY CIRCUIT COURT 

CASE# 2020 CH 04099 

I, LARRY BIELA 

FIRST BEING DULY SWORN ON OATH STATES THAT I AM OVER 18 YEARS OF AGE, AND NOT PARTY TO 

THIS SUIT AND IS A REGISTERED EMPLOYEE OF ILLINOIS DEPARTMENT OF PROFESSIONAL 

REGULATIONS AS A PRIVATE DETECTIVE, LARRY BIELA LICENSE 115-001755, P 0 BOX 46335, CHICAGO, IL. 

60646, PHONE 312 243 4030 

CORPORATE SERVCE 

THAT I SERVED THE WITHIN: SUMMONS & COMPLAINT 

ON THE NAMED DEFENDANT: PF LOGAN SQUARE, LLC 

PERSON SERVED: DEBBIE DIAZ OFFICE MANAGER 

THAT THE SEX, RACE, AND APPROXIMATE AGE OF THE PERSON I LEFT THE SUMMONS & COMPLAINT; 

ARE AS FOLLOWS: 

SEXAFEMALE RACE/WHITE AGE/35 HEIGHT/5'4 BUILD/MED HAIR/BLONDE 

DATE OF SERVICE: 5/8/2020 TIME OF SERVICE: 12;20 PM 

LOCATION: 6400 SHAFER CT, SUITE 250 

ROSEMONT IL 60018 

LARRY BIELA 5/8/2020 

SPECIAL PROCESS SERVER 

ILLINOIS LICENSE 115-001755 

UNDER PENALTIES OF PERJURY AS PROVIDED BY LAW PURSUANT TO SECTION 1-109 OF THE CODE OF 

CIVIL PROCEDURE THE UNDERSIGNED CERTIFIES THAT THE STATEMENTARE TRUE AND CORRECT, 

EXCEPT AS TO MATTERS THEREIN STATED TO BE ON INFORMATION AND BELIEF AND SUCH MATTERS 

THE UNDERSIGNED CERTIFIES AS AFORESAID THAT HE BELEIVES SAME TO BE TRUE. 

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1

CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION

JASON WILLIAMS, individually and 

on behalf of similarly situated

individuals,

Plaintiff,

v.

PLANET FITNESS, INC., a Delaware

corporation, PLA-FIT FRANCHISE,

LLC, a New Hampshire limited liability 

company, PF LOGAN SQUARE LLC, an 

Illinois limited liability company, and 

PLNTF HOLDINGS, LLC, a Delaware 

limited liability company,

Defendants.

)

)

)

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)

)

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) 

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)

JURY TRIAL DEMANDED

CLASS ACTION COMPLAINT 

Plaintiff, Jason Williams, brings this Class Action Complaint against Defendants, Planet 

Fitness, Inc., Pla-Fit Franchise, LLC, PF Logan Square, LLC, and PLNTF Holdings, LLC

(collectively, “Defendants”), to stop Defendants from charging their customers fees for gym 

memberships despite closing all of their gyms nationwide in response to the COVID-19 public 

health crisis. On his own behalf and on behalf of similarly situated individuals, Plaintiff seeks 

relief for all persons who have been unlawfully charged fees by Defendants. Plaintiff alleges as 

follows based on personal knowledge as to himself and his own acts and experiences, and as to all 

other matters, on information and belief, including an investigation by his attorneys.

NATURE OF THE ACTION

1. Although life has come to complete standstill for many Americans due to the novel 

COVID-19 public health crisis, Defendants have unfairly billed their many customers for monthly 

FILED

5/6/2020 2:17 PM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

2020CH04099

9202192

Return Date: No return date scheduled

Hearing Date: 9/3/2020 9:30 AM - 9:30 AM

Courtroom Number: 2305

Location: District 1 Court

 Cook County, IL FILED DATE: 5/6/2020 2:17 PM 2020CH04099

12-Person Jury

2020CH04099

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2

gym membership fees, even though they have closed all of their gyms and fitness centers

nationwide.

2. Defendant Planet Fitness, Inc. is a franchisor and operator of nearly 2,000 fitness 

centers across the United States, with over 10 million members, making it one of the largest fitness 

club franchises in the country. Its memberships are offered either on a month-to-month basis,

where customers pay a fixed fee every month along with an annual membership fee, or a pre-paid 

amount for a full year.

3. As part of the sign-up process for Defendants’ memberships, customers provide 

Defendants with payment information, such as a credit card or debit card number. Defendants then 

automatically charge their customers as membership payments become due.

4. On March 17, 2020, Defendants charged Plaintiff and many of their other members

a monthly membership fee for the billing period of March 17th through April 17th.

5. One day later, on March 18, 2020, Defendant Planet Fitness, Inc. announced that it 

was closing all of its corporate stores through March 31st, urging its franchisees to close as well.1

6. On March 30, 2020, Defendant Planet Fitness, Inc. extended the closure of its 

facilities and indefinitely suspended the operations of both franchise and corporate locations.2

7. Despite knowing about their forthcoming gym closures and cessation of operations, 

Defendants charged their many members their monthly membership fees, and Defendants have

not refunded their members such fees even while access to Defendants’ facilities is still restricted 

nationwide.

 1 https://www.bloomberg.com/press-releases/2020-03-18/planet-fitness-provides-update-on-covid-19 <last accessed 

on 4/29/2020> 2 https://www.bloomberg.com/press-releases/2020-03-30/planet-fitness-provides-business-update-in-response-tocovid-19 <last accessed on 4/29/2020>

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8. At a time when many consumers are struggling financially and when the economy 

is heading toward a deep recession, Defendants’ unlawful practices have unnecessarily and 

unfairly worsened the financial burden that many are experiencing, and caused actual, concrete 

harm to many individuals throughout the country. Moreover, Plaintiff and others who have not 

received refunds have lost the benefit of their bargain and/or suffered out-of-pocket losses due to 

their inability to access the fitness centers they paid to access.

9. In order to redress these injuries, Plaintiff brings this suit on his own behalf and on 

behalf of a nationwide class of similarly situated individuals, asserting claims against Defendants

under the Illinois Physical Fitness Services Act, 815 ILCS 645/1 et seq. (the “PFSA”), Illinois 

Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/2 et seq. (the “ICFA”), 

breach of contract, unjust enrichment, and conversion, and seeking an award of actual and treble 

damages; injunctive relief prohibiting Defendants from continuing to unfairly charge fees while

their gyms are closed; equitable relief, including the disgorgement of any profits that Defendants

derived from their misconduct; an award of reasonable attorneys’ fees and costs; and declaratory 

relief. 

PARTIES

10. Plaintiff Jason Williams is a natural person and a resident of Illinois.

11. Defendant Planet Fitness, Inc. is a Delaware corporation with its principal place of 

business in Newington, New Hampshire.

12. Defendant Pla-Fit Franchise, LLC is a New Hampshire limited liability company 

with its principal place of business in Newington, New Hampshire.

13. PF Logan Square LLC is an Illinois limited liability company with its principal 

place of business in Rosemont, Illinois.

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14. Defendant PLNTF Holdings, LLC is a Delaware limited liability company with its 

principal place of business in Rosemont, Illinois.

JURISDICTION AND VENUE

15. This Court may assert personal jurisdiction over Defendants pursuant to 735 ILCS 

5/2-209 in accordance with the Illinois Constitution and the Constitution of the United States, 

because Plaintiff’s claims arise out of Defendants’ unlawful in-state actions. Further, Defendants

are doing business within this state such that they have sufficient minimum contacts with Illinois 

and/or have purposely availed themselves of Illinois markets to make it reasonable under the 

Illinois Constitution and U.S. Constitution for this Court to exercise jurisdiction over Defendants.

16. Venue is proper in Cook County pursuant to 735 ILCS 5/2-101, because 

Defendants are doing business in Cook County and thus reside there under § 2-102, and because a 

substantial part of the events giving rise to Plaintiff’s claims occurred in Cook County.

COMMON FACTUAL ALLEGATIONS

17. Defendants pride themselves on providing extensive access to their fitness 

facilities. Their gyms are generally open 24 hours per day during the week and 12 hours per day 

on weekends.

18. To become a Planet Fitness member, customers either pay a pre-paid fee for the full 

year or a monthly membership fee along with an annual fee. Defendants’ monthly memberships 

are offered at $10.00 per month for the classic membership and $22.99 per month for the “PF 

Black Card” membership, each with a $39.00 annual fee.

19. As part of the sign-up process for Defendants’ memberships, customers must 

provide Defendants with their credit and/or debit card information. Defendants automatically 

charge fees to the provided method of payment on or around the 17th each month. 

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20. On March 17th, Defendants charged many members their monthly membership fee 

for the billing period of March 17th through April 17th.

21. One day later, on March 18th, Defendant Planet Fitness, Inc. announced that it was 

closing all of its corporate stores through March 31st in response to the novel coronavirus, and it 

urged its franchisees to close as well.

22. On March 30th, 2020, Defendant Planet Fitness, Inc. extended its closure and 

indefinitely suspended the operations of both franchise and corporate locations.

23. Despite their cessation of operations, Defendants have not refunded members’

monthly membership fees for periods when their fitness centers are closed. Instead, Defendants 

have merely offered to provide a credit to members’ next bill or an extension to their existing 

membership, if and when Defendants’ facilities reopen at some indefinite point in the future.

24. Specifically, Defendants’ updated policy in their “COVID-19 FAQ” is that they

will not refund their members the pro-rated cost of any unused services, but instead “will make an 

adjustment on your next billing cycle when we reopen,” and “if you have a prepaid membership, 

the expiration date of your membership will be adjusted by the number of closed days. For 

example, if we are closed 30 days and your membership was set to end on or about November 30, 

that membership will be extended to on or about December 30.”

3

25. Defendants’ COVID-19 FAQ also deceptively states that members “will not be 

charged any fees during this time [of closure],” even though many members have already been 

charged or prepaid for periods when Defendants’ facilities are closed.

26. Although Defendants knew and anticipated that they would need to close all 

facilities nationwide due to the COVID-19 pandemic, Defendants nonetheless collected their

 3 https://www.planetfitness.com/coronavirus-faq <last accessed on 4/29/2020>

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members’ monthly membership fees for billing periods when their facilities were closed and failed 

to refund their members the pro-rated cost for the period of unused services.

27. Defendants have engaged in unfair and deceptive conduct by failing to honor the 

original agreement with their customers (membership fees in exchange for Defendants’ services

and access to gyms) and unilaterally altering all of their members’ contracts while refusing to

refund the pro-rated cost of any unused services after Defendants ceased operations nationwide.

28. This alteration of the original agreement not only makes the original bargain 

illusory, it also burdens consumers by depriving them of needed money during a national pandemic 

that has already resulted in severe economic and social hardships for many Americans.

29. Plaintiff and other customers would not have purchased their gym memberships

with Planet Fitness, or would have paid materially less for their memberships, had they known that 

Defendants would not abide by their end of the bargain.

30. Further, Plaintiff and the other members of the Class would not have paid their 

monthly membership fees or paid in full for the year had they known that Defendants would cease 

operations while failing to refund membership fees upon the indefinite closure of their facilities.

Defendants’ customers pay Defendants membership fees in exchange for access and use of their

fitness facilities. Absent the ability to access Defendants’ facilities, consumers would be unwilling 

to pay Defendants anything whatsoever for membership.

31. As a result, Plaintiff and other members of the Class have suffered damages and 

concrete harm through payment of membership fees for access to facilities that they cannot now 

access.

FILED DATE: 5/6/2020 2:17 PM 2020CH04099

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FACTS SPECIFIC TO PLAINTIFF

32. Since 2018, Plaintiff has been a member of the Planet Fitness facility located at 

2719 N. California Ave., Chicago, IL 60647, and has been a member of this gym at all times

relevant to this action.

33. Plaintiff was offered a month-to-moth gym membership for $10.00 per month, with 

an annual membership fee of $39.00, which would be automatically billed to the credit card or 

debit card that he provided when he enrolled at Defendants’ gym. (A true and accurate copy of 

Plaintiff’s Membership Agreement with Defendants is attached hereto as Exhibit A).

34. On March 17th, 2020, Plaintiff was billed his monthly membership fee in exchange 

for access to the Planet Fitness gym facility above.

35. One day later, on March 18th, 2020, Defendants announced their cessation of 

operations and the closure of their facilities, barring Plaintiff from entry to Defendants’ gym.

36. Despite the closure of Defendants’ facilities, Defendants have not provided a prorated refund for unused services; rather, Defendants have offered to provide their members with a 

future credit for the next billing cycle or an extension to their existing membership term, if and 

when Defendants choose to reopen.

37. Defendants’ promises and representations that they would provide their customers 

with access to gym facilities were material to Plaintiff in signing up for Defendants’ month-tomoth gym membership.

38. Defendants’ representation in their COVID-19 FAQ that members “will not be 

charged any fees during this time [of closure],” is false, deceptive, and misleading as to Plaintiff 

and others like him, because Plaintiff and others have already been charged for the billing period 

of 3/17 – 4/17 while Defendants’ facilities are closed

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39. Had Plaintiff known he would not be provided gym services and gym access as 

promised, he would not have paid for his membership, or would have paid materially less for it. 

Further, Plaintiff did not receive the benefit of his bargain with Defendants as a result of the closure 

of Defendants’ facilities. Specifically, Plaintiff would not have been willing to pay his monthly 

membership fees for the 3/17 – 4/17 billing period had he known that Defendants would cease 

operations just one day later.

CLASS ACTION ALLEGATIONS

40. Pursuant to 735 ILCS 5/2-801, Plaintiff brings this action on behalf of a nationwide 

class with one subclasses defined as follows:

(i) The Nationwide Class: All individuals in the United States who, within the 

applicable limitations period, were charged membership fees by Defendants for a

period in which Defendants’ facilities were closed due to COVID-19. 

(ii) The Illinois Subclass: All individuals in the State of Illinois who, within the 

applicable limitations period, were charged membership fees by Defendants for a 

period in which Defendants’ facilities were closed due to COVID-19.

41. Expressly excluded from the Class and Subclass are any members of the judiciary 

assigned to preside over this matter; any officer, director, or employee of Defendants; and any 

immediate family members of such officers, directors, or employees.

42. There are thousands of members of the Class and Subclass such that joinder of all 

members is impracticable. Although the exact number of members of the Class and Subclass is 

presently unavailable to Plaintiff, the members of the Class and Subclass can be easily identified 

through Defendants’ membership records.

43. Plaintiff will fairly and adequately represent and protect the interests of the other 

members of the Class and Subclass. Plaintiff has retained counsel with substantial experience in 

prosecuting complex litigation and class actions. Plaintiff and his counsel are committed to 

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vigorously prosecuting this action on behalf of the other members of the Class and Subclass, and 

have the financial resources to do so. Neither Plaintiff nor his counsel has any interest adverse to 

those of the other members of the Class or Subclass. 

44. Plaintiff’s claims are typical of the claims of the other members of the Class and 

Subclass, in that the factual and legal bases of Defendants’ liability to Plaintiff and to the other 

members of the Class and Subclass are the same. Plaintiff and the other members of the Class and 

Subclass have all suffered similar harms and damages as a result of Defendants’ unlawful and 

wrongful failure to issue refunds of membership fees. 

45. There are many questions of law and fact common to the claims of Plaintiff and the 

other members of the Class and Subclass, and those questions predominate over any questions that 

may affect individual members of the Class and Subclass. Common questions for the Class and 

Subclass include, but are not limited to:

a) Whether Defendants entered into valid contracts with Plaintiff and the other 

members of the Class and Subclass to provide access to Defendants’ gyms and 

fitness centers in exchange for membership fees;

b) Whether Defendants charged Plaintiff and other members of the Class and 

Subclass membership fees for access to gyms and fitness centers during a time 

period when such facilities were closed due to COVID-19;

c) Whether Defendants have unjustly retained and been enriched through such 

payments from Plaintiff and the other members of the Class and Subclass;

d) Whether Defendants engaged in deceptive conduct with respect to Plaintiff and 

the members of the Class and Subclass by unilaterally altering their contracts;

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e) Whether Defendants’ conduct constitutes deceptive or unfair practices in 

violation of violated ICFA;

f) Whether Defendants’ conduct constitutes deceptive or unfair acts in violation 

of violated PFSA;

g) Whether Defendants’ conduct breached their contracts with Plaintiff and the 

other members of the Class and Subclass; and

h) Whether Defendants should be enjoined from engaging in such conduct in the 

future.

46. Defendants have acted and/or failed to act on grounds generally applicable to the 

Plaintiff and the other members of the Class and Subclass, requiring the Court’s imposition of 

uniform relief to ensure compatible standards of conduct toward the members of the Class and 

Subclass, and making injunctive or corresponding declaratory relief appropriate for the Class and 

Subclass as a whole. 

47. Absent a class action, most members of the Class and Subclass would find the cost 

of litigating their claims to be prohibitive and would have no effective remedy. Unless the Class 

and Subclass are certified, Defendants will retain the monies they received from the members of 

the Class and Subclass as a result of their unfair and deceptive conduct.

48. The class treatment of common questions of law and fact is superior to multiple 

individual actions or piecemeal litigation in that it conserves the resources of the courts and the 

litigants, and promotes consistency and efficiency of adjudication.

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COUNT I

Deceptive Acts or Practices in Violation of the Illinois Consumer Fraud and Deceptive 

Business Practices Act, 815 ILCS 505/2 et seq. (on behalf of Plaintiff and the other Illinois 

Subclass members, in the alternative to Count IV)

49. Plaintiff incorporates by reference all of the foregoing allegations as though fully 

set forth herein.

50. Section 2 of the ICFA provides in relevant part that:

Unfair methods of competition and unfair or deceptive acts or practices, including but not 

limited to the use or employment of any deception, fraud, false pretense, false promise, 

misrepresentation or the concealment, suppression or omission of any material fact, with 

intent that others rely upon the concealment, suppression or omission of such material 

fact . . . in the conduct of any trade or commerce are hereby declared unlawful whether 

any person has in fact been misled, deceived or damaged thereby.

815 ILCS 505/2.

51. Plaintiff and the other members of the Subclass are “consumers” within the 

meaning of Section 1(e) of the ICFA, because Defendants’ business activities involve trade or 

commerce, are addressed to the market generally, and implicate consumer protection concerns.

52. Defendants’ conduct as described herein is a deceptive practice in violation of 

Sections 2 of the ICFA. Defendants used or employed deception and misrepresentation in the 

conduct of trade or commerce by representing that customers would have access to their gyms and 

fitness centers for a period of time upon paying a membership fee, when Defendants in fact 

subsequently closed all of their gyms one day after collecting many members’ monthly 

membership fees.

53. Further, Defendants engaged in deceptive conduct when they unilaterally altered 

all of their members’ contracts through their polices in response to COVID-19 while refusing to 

refund the pro-rated cost of any unused services after ceasing operations nationwide.

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54. Defendants’ COVID-19 FAQ falsely, deceptively, and misleadingly states that 

members “will not be charged any fees during this time [of closure],” see supra note 3, even though 

many members have already been charged or prepaid for periods when Defendants’ facilities are 

closed.

55. Plaintiff and the other members of the Subclass relied on Defendants to truthfully 

and accurately collect membership fees only when actually owed, and Defendants intended that 

Plaintiff and the other members of the Subclass would rely on their representations.

56. Had Plaintiff and the other members of the Subclass known that Defendants’ gym 

memberships would not have the characteristics, benefits, or qualities as promised and that

Defendants would charge their customers’ credit and/or debit cards for non-rendered services, they 

would not have purchased or paid for the memberships that they did, would have paid materially 

less, or would not have purchased or paid for the memberships that they did on the same terms.

57. Plaintiff and the other members of the Subclass actually relied upon and were 

deceived by Defendants’ misrepresentations, and as a direct and proximate result of Defendants’

misconduct, Plaintiff and the other members of the Subclass have suffered actual damages. These 

damages are concrete and ascertainable and were proximately caused by Defendants’ violations of 

the ICFA.

58. Plaintiff brings claims under this count on his own behalf and on behalf of the other 

members of the Subclass pursuant to Section 10a of the ICFA, which permits Plaintiff to bring a 

private cause of action for the above violations and entitles Plaintiff and the other members of the 

Subclass to actual damages, injunctive relief, as well as costs and reasonable attorney’s fees.

WHEREFORE, Plaintiff, on behalf of himself and the Subclass, prays for the following 

relief:

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A. An order certifying the Subclass as defined above, appointing Plaintiff as 

class representative, and appointing Plaintiff’s counsel as class counsel;

B. An award of actual or compensatory damages in an amount to be 

determined at trial;

C. Injunctive relief prohibiting Defendants’ unfair and deceptive practices as 

described herein;

D. An award of reasonable attorney’s fees and costs; and

E. Such further and other relief the Court deems reasonable and just.

COUNT II

Unfair Acts or Practices in Violation of the Illinois Consumer Fraud and Deceptive 

Business Practices Act, 815 ILCS 505/2 et seq. (on behalf of Plaintiff and the other Illinois 

Subclass members, in the alternative to Count IV)

59. Plaintiff incorporates by reference all of the foregoing allegations as though fully 

set forth herein.

60. In addition to being deceptive, Defendants’ conduct also constitutes an “unfair 

practice” under Section 2 of the ICFA.

61. By charging consumers for services that were unavailable and unobtainable—and 

then failing to provide refunds for services not rendered—Defendants’ actions unfairly imposed 

additional, unlawful costs on Plaintiff and the other members of the Subclass.

62. Specifically, although Defendants knew and anticipated that they would need to 

close all facilities nationwide in response to the COVID-19 pandemic, Defendants nonetheless 

collected their members’ monthly membership fees for billing periods when their facilities were 

closed and failed to refund their members the pro-rated cost for the period of unused services.

63. By imposing unlawful costs on Plaintiff and the other members of the Subclass, 

Defendants’ conduct is immoral, oppressive, unethical, and unscrupulous, and has caused 

substantial injury to consumers.

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64. As a direct and proximate result of Defendants’ misconduct, Plaintiff and the other 

members of the Subclass have suffered concrete harm and actual damages as described above.

65. Plaintiff brings claims under this count on his own behalf and on behalf of the other 

members of the Subclass pursuant to Section 10a of the ICFA, which permits Plaintiff to bring a 

private cause of action for the above violations and entitles Plaintiff and the other members of the 

Subclass to actual damages, injunctive relief, as well as costs and reasonable attorney’s fees.

WHEREFORE, Plaintiff, on behalf of himself and the Subclass, prays for the following 

relief:

A. An order certifying the Subclass as defined above, appointing Plaintiff as 

class representative, and appointing Plaintiff’s counsel as class counsel;

B. An award of actual or compensatory damages in an amount to be 

determined at trial;

C. Injunctive relief prohibiting Defendant’s unfair and deceptive practices as 

described herein;

D. An award of reasonable attorney’s fees and costs; and

E. Such further and other relief the Court deems reasonable and just.

COUNT III

Violation of the Illinois Physical Fitness Services Act, 815 ILCS 645/1 et seq.

(on behalf of Plaintiff and other Illinois Subclass members)

66. Plaintiff incorporates by reference all of the foregoing allegations as though fully 

set forth herein.

67. Defendants’ contracts with the Illinois Subclass members are subject to the Physical 

Fitness Services Act, 815 ILCS 645/1 et seq. Defendants’ clubs are “physical fitness centers,” as 

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defined in Section 2(a) of the PFSA, and their memberships and services are “physical fitness 

services” as defined in Section 2(b).

68. Section 4 of the PFSA provides, in relevant part, that “[e]very contract for physical 

fitness services shall be in writing” and that “all provisions, requirements and prohibitions which 

are mandated by this Act shall be contained in the written contract before it is signed by the 

customer. . . . .”

69. Section 9(c) of the PFSA provides in relevant part that “any contract for physical 

fitness services which does not comply with the applicable provisions of this Act shall be void and 

unenforceable.”

70. Defendants’ conduct as to the Illinois Subclass members does not comply with the 

PFSA in at least the following ways:

• Defendants’ contracts purport to require members to arbitrate complaints or 

disputes with Defendants, (Exh. A ¶ 3(j)), when the PFSA guarantees a private 

cause of action, 815 ILCS 645/11;

• Defendants’ contracts purport to limit any recovery of damages against Defendants 

to actual or compensatory damages, (id. ¶ 10), when the PFSA allows individuals 

to recover treble damages, 815 ILCS 645/11;

• Defendants unilaterally altered their contractual obligations without a new written 

contract or written amendment, indefinitely closed all of their facilities, and adopted 

a policy under which they will provide a future credit or extension to existing 

memberships at some indefinite point in the future when they reopen, without 

members’ assent and without the execution of a new contract, 815 ILCS 645/4; and

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• Defendants unlawfully engaged in unfair and deceptive acts or practices as 

described above, 815 ILCS 645/10(a).

71. As a direct and proximate result of Defendants’ misconduct, Plaintiff and the 

members of the Subclass have concrete harm, including actual monetary damages.

72. Plaintiff brings claims under this count on his own behalf and on behalf of the other 

members of the Illinois Subclass pursuant to Section 11 of the PFSA, which provides that “[a]ny 

customer injured by a violation of this Act may bring an action for the recovery of damages. 

Judgment may be entered for 3 times the amount at which the actual damages are assessed, plus 

costs and reasonable attorneys’ fees.” 815 ILCS 645/11.

WHEREFORE, Plaintiff, on behalf of himself and the Subclass, prays for the following 

relief:

A. An order certifying the Subclass as defined above, appointing Plaintiff as 

class representative, and appointing Plaintiff’s counsel as class counsel;

B. An award of actual or compensatory damages in an amount to be 

determined at trial;

C. An award of damages equal to 3 times the amount at which the actual 

damages are assessed;

D. Injunctive relief prohibiting Defendants’ unfair and deceptive practices as 

described herein;

E. An award of reasonable attorney’s fees and costs; and

F. Such further and other relief the Court deems reasonable and just.

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COUNT IV

Common Law Breach of Contract

(on behalf of Plaintiff and the other Class members, 

in the alternative to Counts I, II, and VII)

73. Plaintiff incorporates by reference all of the allegations in paragraphs 1 – 48 as 

though fully set forth herein.

74. Plaintiff and the other members of the Class and Subclass entered into valid 

contracts with Defendants when they enrolled in their respective memberships.

75. The contracts between Plaintiff and the other members of the Class and Subclass 

and Defendants are supported by bargained-for consideration and are entered into between 

Plaintiff and the other members of the Class and Subclass and Defendants following offer and 

acceptance of the definite and certain terms in the membership agreements. (Exh. A).

76. Under Defendants’ agreements with Plaintiff and the other members of the Class 

and Subclass, Defendants promised Plaintiff and the other members of the Class and Subclass that 

they would be able to access Defendants’ gyms and fitness facilities during times when they were 

open, and that Plaintiff and the other members of the Class and Subclass would only be charged 

for services rendered. (Id.).

77. Plaintiff and the other members of the Class and Subclass complied with all of the 

terms of their contracts with Defendants and satisfied all conditions and duties for the transactions 

at issue.

78. Defendants nonetheless breached their contracts with Plaintiff and the other 

members of the Class and Subclass by continuing to charge their credit and debit cards while their

gyms remain closed and implementing a Covid-19 FAQ policy that provides their members with 

a credit in the next billing cycle, if and when Defendants choose to open, or, for those that have 

pre-paid for the service, an extension by the number of days the facilities were closed for, in 

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violation of Defendants’ original bargain with Plaintiff and the other members of the Class and 

Subclass. See supra note 3.

79. As a direct and proximate result of Defendants’ breaches of their agreements with 

Plaintiff and the other members of the Class and Subclass, Plaintiff and the other members of the 

Class and Subclass have suffered actual, concrete harm and are entitled to recover compensatory 

and consequential damages in an amount to be determined at trial.

WHEREFORE, Plaintiff, on behalf of himself and the Class and Subclass, prays for the 

following relief:

A. Entry of an order certifying the Class and Subclass as defined above, 

appointing Plaintiff as class representative, and appointing Plaintiff’s 

counsel as class counsel;

B. An award of actual or compensatory damages in an amount to be 

determined at trial; and

C. Such further and other relief the Court deems reasonable and just.

COUNT V

Unjust Enrichment

(on behalf of Plaintiff and the other Class members, 

in the alternative to Count IV)

80. Plaintiff incorporates by reference all of the allegations in paragraphs 1 – 72 as 

though fully set forth herein.

81. As explained above, Defendants advertised, promoted, and sold gym memberships 

to Plaintiff and the other Class members in exchange for payment of membership fees.

82. By charging members membership fees even during times when access to 

Defendants’ facilities was completely restricted, and by failing to refund such fees, Defendants

have retained a benefit to the detriment of Plaintiff and the other Class and Subclass members. 

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This benefit is measurable by the money that plaintiff and the other Class and Subclass members 

have paid in membership fees while Defendants’ gyms and fitness centers are and remain closed.

83. Defendants have thus been unjustly enriched, and it would be unjust to allow 

Defendants to retain the enrichment.

84. Defendants’ retention of this benefit violates fundamental principles of justice, 

equity, and good conscience.

85. Plaintiff and the other members of the Class and Subclass are therefore entitled to 

restitution in the amount by which Defendants have been unjustly enriched and an order requiring 

Defendants to disgorge any profits or other benefit they have retained.

86. WHEREFORE, Plaintiff, on behalf of himself and the Class and Subclass, prays 

for the following relief:

A. Entry of an order certifying the Class and Subclass as defined above, 

appointing Plaintiff as class representative, and appointing Plaintiff’s 

counsel as class counsel;

B. Entry of an order requiring Defendants to disgorge all amounts by which 

they were unjustly enriched and to pay restitution to Plaintiff and the other 

members of the Class and Subclass in an amount to be determined at trial;

C. Such further and other relief the Court deems reasonable and just.

COUNT VI

Conversion

(on behalf of Plaintiff and the other Class members)

87. Plaintiff incorporates by reference all of the foregoing allegations as though fully 

set forth herein.

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88. Plaintiff and the members of the Class and Subclass had a right to retain their 

membership fees while all of Defendants’ gyms were and remain closed. Defendants have

intentionally charged Plaintiff’s and Class and Subclass members’ credit and/or debit cards in the 

full amount of the monthly membership fees while Defendants’ gyms were closed.

89. Plaintiff and the class and Subclass members did not consent to Defendants 

charging their debit and credit while Defendants’ gyms are closed and thus Plaintiff and the Class 

and Subclass members were harmed through Defendants’ charging of their credit and debit cards.

WHEREFORE, Plaintiff, on behalf of himself and the Class and Subclass, prays for the 

following relief:

A. An order certifying the Class and Subclass as defined above, appointing 

Plaintiff as class representative, and appointing Plaintiff’s counsel as class 

counsel;

B. An award of actual or compensatory damages in an amount to be 

determined at trial; and

C. Such further and other relief the Court deems reasonable and just.

COUNT VII

Declaratory Judgment Pursuant to 735 ILCS 5/2-701 et seq.

(on behalf of Plaintiff and the other Subclass members, and in the alternative to Count IV)

90. Plaintiff incorporates by reference all of the allegations in paragraphs 1 – 48 as 

though fully set forth herein.

91. Illinois’ declaratory judgment statute provides in relevant part that:

The court may, in cases of actual controversy, make binding declarations of rights, 

having the force of final judgments, whether or not any consequential relief is or 

could be claimed, including the determination, at the instance of anyone interested 

in the controversy, of the construction of any . . . contract or other written 

instrument, and a declaration of the rights of the parties interested.

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735 ILCS 5/2-701(a).

92. Section 2-701 further provides that “[d]eclarations of rights . . . may be obtained by 

means of a pleading seeking that relief alone, or as incident to or part of a complaint, counterclaim 

or other pleading seeking other relief as well . . . .”

93. There is an actual, concrete, and present controversy between Plaintiff and the other 

Subclass members on the one hand and Defendants on the other regarding the enforceability of 

Defendants’ contracts.

94. The PFSA provides that “[a]ny contract for physical fitness services which does 

not comply with the applicable provisions of [the PFSA] shall be void and unenforceable,” and 

“[a]ny waiver by the customer of the provisions of this Act shall be void and unenforceable.” 815 

ILCS 645/9(b), (c).

95. As explained above, the terms of Defendants’ contracts contradict the PFSA, and 

their conduct in unilaterally altering their agreements with Plaintiff and the other Subclass 

members violates the PFSA.

96. The construction of Defendants’ agreements and the determination of their validity 

are justiciable and are proper subjects for declaratory relief. The Court’s determination of this issue 

will aid in the termination of the controversy between Plaintiff and Defendants.

97. WHEREFORE, Plaintiff, on behalf of himself and the Subclass, prays for the 

following relief:

A. An order certifying the Subclass as defined above, appointing Plaintiff as 

class representative, and appointing Plaintiff’s counsel as class counsel;

B. A declaration that Defendant’s membership contracts with Plaintiff and the 

other members of the Subclass are unlawful and void, and that all monies 

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collected by Defendant pursuant to such contracts shall be disgorged and 

remitted.

C. Such further and other relief the Court deems reasonable and just.

JURY DEMAND

Plaintiff requests trial by jury of all claims that can be so tried.

Dated: May 6, 2020 JASON WILLIAMS, individually and on behalf of 

a class of similarly situated individuals

By: /s/ Andrew Heldut 

One of Plaintiff’s Attorneys

Myles McGuire

Paul T. Geske

Andrew T. Heldut

MCGUIRE LAW, P.C. (#56618)

55 W. Wacker Dr., 9th Fl.

Chicago, Illinois 60601

Tel: (312) 893-7002

Fax: (312) 275-7895 

mmcguire@mcgpc.com

pgeske@mcgpc.com

aheldut@mcgpc.com

Attorneys for Plaintiff and the Putative Class

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Exhibit A

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Name Jason Williams 

2719 North California Avenue Chicago, Illinois 60647 - (773) 687-9982 

www.planetfitness.corn 

MEMBERSHIP AGREEMENT 

DATE 01/17/2018 Club # 0692 MEMBERSHIP # EXPIRATION 

T-shirt Size: Date of Birth 

Address City Chicago State Zip 

HornePhone WorkPhone/Cell 

Email Address Referring Member 

Membership Type 10NR How did you hear about us? 

Have you been a member of a gym before? Club Access: Home Club Access Only 

Membership Fees: $39.00 $10.00 $0.00 $49.00 

INITIATION PRORATE ANNUAL FEE PRORATE TOTAL 

Your Monthly Membership Fee will be billed to the account below on or around the 17th beginning on 02/17/2018 for $ $10.00 per month plus applicable taxes until you cancel 

in accordance with this agreement. 

This membership has a 0 month minimum term (minimum term not to exceed 12 months). 

If you have a minimum monthly term, your account below will be billed for a minimum of 0 months and will continue on a month-ka-month basis at the monthly rate aeove until you 

cancel in accordance with the terms of this agreement. 

Your Monthly Membership Fee Is guaranteed so long as you remain a member in good standing Including payment of all monthly dues and your Annual Membership f ea. 

An Annuai Membership Fee will be billed to your account oeiow on or around the 1st beginning on 03/01/2018 for $ $39.00 Pius applicable taxes and will continue to be billed 

on or around the anniversary of that date each year thereafter untli you cancel In accordance with the terms of this agreeW 

• To cancel your monthly membership and slop the billing of the Monthly Membfsrship Fee Of, or around the 17th of the month, the club most ieceive written notitit:alion delivered to the 

club by the 10th of the month either in person or preferably via certified mail to the club address listed above. Please note it may take up to seven (7) business days for any membership 

or billing changes to take effect. In order to cancel your membership_ prior to the billing of the Annual Membership Fee. the club requires written notice delivered as describers above 

no later than the 25th of the month before such billing. The Annual Membership Fee is fully earned when received and is non-refundable. 

If your monthly membership has a minimum term, and you wish to CaliCel your membership before the end of the term for reasons other than those listed in Section 9 of this agreement. a $58 buyout fee is required. 

• If you provide us with more than one method of payment. you authorize us to charge any amounts you may owe us Including, but not limited to, any membership-related obligations. 

retail trensactions, and/or online purchases to any form of payment which you have provided us until such time as you revoke your authorization for that method of payment by written notification delivered to the club in person or preferably via certified mail to the address listed above. 

• If your credit or deist card expires, you authorize us to obtain a new expiration date from the card issuer or to extend out the provided expiration date, if we choose to do so, and/or to 

continue rehire, the card In accordance with the terms of this agreement (whether or not we have obtained a new expiration date). 

• In accordance with applicable law, if our first attempt to collect any fee under this Agreement is unsuccessful. we may make additional attempts to collect from any/all payment methods 

you provide us, and a $10 service fee will be applied for each instance we submit or re-submit such payment request and it is returned uncoliectable for any reason including, but 

not Ilrniteci to, insufficient funds, expired or cancelled payment cards, riverdraits and closer: amounts. We are not liable for any tees charged by your financialInstitution. Institution In the event 

a payment request is returned as uncollectable 

Cancellation 8. Billing Policies: I have read and understand the cancellation rights and billing policies on the front and back of this agreement. 

(Member initials) 

PRIMARY PAYMENT ACCOUNT' 

0 NAME ON ACCOUNT: Jason Wiiltorns 

ALTERNATIVE PAYMENT ACCOUNT 

NAME ON ACCOUNT: 

By initialing below and signingthis agreement. I atithorit.e PF cl/b/a Planet Fanesse)1Planet Fitness" 'us" or 'Wen (an Independently owned and operated franchisee of Pia-Flt Franc hiset.LC) Its 

nffiliales and other parties author ized by Plritlet F,01C,IS 41(....t.dirtg. hid not limited to. Pia-Fit Franchise. Its parents, subsidiaries and Wallows foolleevely. 'SF Corporate") to it iliere transfers from 

P er, Payment Account designated above for the purpose at billing all or a portion of the recurring monthly Membership Fee I owe to Planet Fitness on or around the 17th of each month and the Annual Membership Fee on or around the date indicated above and continuing daily until all of my obligations are paid under this agreement. I understand that my obligation under this agreement includes the Monthly Membership Fee. Annual Membership Fee, service fees for uncollectaole monthly dues, applicable taxes. charges and any other unpaid fees or dues including past unpaid does and fees. also understand that the Alternative Payment Account designated above may be used by PianoFitness to bill for any retail transactions ono/or online purchases initiates by me. If at any turn Planet Fitness Is unable to suocessfully 

.5 bill the Primary Payment Account for any fee or abler obligation mentioned above, I further understand that Piariet Farrow. rnay re-submit the fee to the Primary Payment Account andlor bill the Arrernalive Pay-

*Atli§ meat Amount for any tee of obligation (including service charges). or any portion thereof I agree diet transfers Woodier payments of an overdue belaiii.t . ere arlhorixte.r. This authorization Will remain in l li borne and effect until all of my obligations ans_paid In full under this agreement. I understand that the amounts debited from my account may vary each month based on additional amounts owed to us In aozorda.nos *:›40i. with the terms of this agreement. I confirm that I am authorized under the terms of the applfrebie agreement with my fr113"Cial institu tion to use the accounts designated shove for the purchase of goodr: and 

servires here Fennel Fbness end agree to W.T.pry with my finaorial institution s requirements at nit hires wh.le this ontrierization is in etietri. 

e•signed (Member Signature) 

Cosigner Authorization & Waiver 

Parent/Guardian: Planet Fitness does not accept members under the age of 13. In exchange for Planet Fitness allowing my minor child who is 13 years or older 

to purchase a membership, I agree to the Release of Liability and Assumption of Risk clauses in this agreement and I agree to defend, indemnify and hold harmless Planet Fitness and PF Corporate to the fullest extent permitted by law for any claim brought by my minor child against Planet Fitness and/or PF Corporate. 

also promise to pay any financial obligation that my minor child does not pay for any reason and acknowledge that the payment information provided above is my 

account. I understand and agree that if my minor child is under the age of 16, he or she must be accompanied by a parent or guardian at all times while at the Club 

or any Planet Fitness facility. 

Financial Cosigner: i promise to pay any financial obligation that the member does not pay for any reason and acknowledge that the payment account information 

provided above correctly Identify my accounts. I also agree to defend. Indemnify and hold harmless Planet Fitness and PF Corporate to the fullest extent permitted 

by law for any claim brought against Planet Fitness and/or PF Corporate by the member. 

Name: Ps, th,,,rized Signature e 

RELEASE OF LIABILITY INDEMNIFICATION ASSUMPTION OF RISK CLUB RULES BUYER'S NOTICE & RIGHT TO CANCEL 

I understand and expressly agree that my use of this Planet Fitness facility or any other Planet Fitness facility involves the risk of injury to me, my minor child or my 

guest whether caused by me or not. I understand that these risks are inherent in physical activity and my use of the facilities and can range from minor injuries to 

major injuries, including death. In consideration of my participation in the activities and use of the facilities, exercise equipment and services offered by 

Planet Fitness and such use by my guests, and minor child U applicable, I understand and voluntarily accept full responsibility on my behalf, my minor 

child's behalf and on my guest's behalf for the risk of injury or loss arising out of or related to my use, my minor child's use or my guest's use of the facilities including, without limitation, exercise equipment, tanning, massage beds/chairs, and participation in PE@PFttI or other- exercise programs or use of 

other services, equipment andlor programs offered to members. I further agree that Planet Fitness, PF Corporate, their respective affiliated companies, 

parents, subsidiaries and the officers, directors, shareholders, employees, managers, members, agents and independent contractors of such entities 

will not be liable for any injury Including, without limitation., personal, bodily, or mental injury, disability, death, economic loss or any damage to me, my 

spouse or domestic partner, guests, unborn child, heirs, or relatives resulting from the negligent conduct or omission of Planet Fitness, PF Corporate, 

or- anyone acting on their behalf, whether related to exercise or not. Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive 

and discharge Planet Fitness and PF Corporate from any and all claims, demands, injuries, damages, actions or causes of action related to my use, my 

minor child's use or my guest's use of the facility (collectively, "Claims") against Planet Fitness, PF Corporate, or anyone acting on their behalf, and 

hereby agree to defend, Indemnify and hold harmless Planet Fitness and PF Corporate from and against any such Claims, including Claims made by my 

guests and/or minor child. I further understand and acknowledge that neither Planet Fitness nor PF Corporate manufactures fitness or other equipment 

or products available In its facilities and therefore Planet Fitness and PF Corporate will not be held liable for defective equipment or products.. 

I understand I am not obligated to sign this agreement and should not do so if there are any unfilled blanks. I understand my right of cancellation and the billing and 

refund policies. I understand my release of liability, assumption of risk and agreement to indemnify, defend and hold harmless and I have been given the 

opportunity to review and ask questions related to my use of the facilities, exercise equipment, tanning, massage beds/chairs and other equipment, as 

well as my participation in exercise programs or other services and/or programs offered to members. I agree to comply with Planet Fitness' membership 

policies and club rules that may be communicated to me from time to time, whether in writing, electronically, through club signage or verbally. Planet Fitness may, 

in its sole discretion, modify any policy or club rule at any time and from time to time without advance notice. Planet Fitness reserves the right, in its sole discretion, 

to refund the pro-rated cost of unused services and terminate my membership immediately for violation of any membership policy or club rule. By signing below, I 

acknowledge and agree to ail of the terms contained on the front and back of this agreement. 

e-signed 01/17/2018 0-signed 01/17/2018 

Members Signature Date Piariet Fitness Authorized Signature Date 

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PLEASE READ AND UNDERSTAND THIS AGREEMENT BEFORE SIGNING. 

1. Parties 

Planet Fitness (as previously defined) and you agree that by signing this agreement, you are purchasing a membership or seneces and agree to all the terms 

contained in this agreement. The terms "you" and "Planet Fitness" include heirs, 

estates, agents, representatives, officers, directors, shareholders, managers, 

members. successors, affiliates. parents, subsidiaries and employees. Both parties make this agreement on behalf of, and it binds, all these included persons 

and entities. It is your responsibility to notify Planet Fitness of any change in your 

mailing address, billing information or contact information. 

2. Representations 

A) Physical Condition & No Medical Advice: You represent that you are in good 

physical condition and have no medical reason or impairment that might prevent 

you from your intended use of Planet Fitness' facilities. You acknowledge that 

Planet Fitness did not give you medical advice before you joined, and cannot 

give you medical advice alter you join. We do not give members advice relating 

to their physical condition or ability to use the facilities, so ii you have any health 

or medical concerns now or after you join, please discuss them with your doctor 

before using the facilities. 

B) Liability for Property: Neither Planet Fitness nor PF Corporate (as previously 

defined) is liable to you or your guest for any personal property that is damaged, 

lost, or stolen while on or around Planet Fitness's premises including, but not limited to, a vehicle or its contents or any property left in a locker. II you or your guest 

cause any damage to Planet Fitness' facilities, you are liable to Planet Fitness for 

its cost of repair or replacement. 

C.) Entire Agreement & Enforcement: You acknowledge that neither Planet Fitness, nor anyone else, made any representations nor promises upon which you 

relied that are riot slated in this agreement. This document contains the entire 

agreement between you and Planet Fitness and replaces any oral or other written agreement. If a court declares any part of this agreement invalid, it will not 

invalidate the remaining pails, which continue unaffected. If Planet Fitness does 

not enforce any right in this agreement for any reason, Planet Fitness does not 

waive its right to enforce it later. This agreement and all physical or electronic copies hereof will be deemed to be valid and authentic and you intend and agree that 

such copies will be given the same legal effect as the original signed agreement. 

3. Membership 

fe) General: Your membership permits you to use Planet Fences.' premises, facilities, equipment and services and your dues are in exchange for such access 

whether you use the facilities or not. Your membership is subject to all current 

company policies, rules, terms, conditions and limitations including, but not limited to, PF Black Carrie benefit rules, transferability rules, guest privilege rules, 

arid dress code. Your membership gives you no rights in Planet Fitness, PF Corporate, its management, ownership, property or operation. Planet Fitness may 

assign or transfer your membership in its sole discretion. You have no right to 

assign your membership or this agreement. Planet Fitness can sett memberships 

at different rates and terms than yours. Any special promotional membership or 

rate regarding privileges, usage, hours, benefits or facilities is valid only at your 

home club, unless otherwise provided by Planet Fitness in a signed writing. No 

contract for basic physical fitness services shall require payment of a total amount 

in excess of $2500 per year. 

B) Group Fitness Instruction (p EtVp PM): Planet Fitness may offer pre-scheduled 

group fitness instruction from time to time. The number of participants in group 

sessions may he limited. Group sessions will be made available either on an appointment basis or on a "first come, first served" basis. These classes are strictly 

informational and instructional in nature and not intended as personal training 

C) PF Black Card Reciprocal Access: If you purchase a PF Black Card Membership. there are additional rules arid limitations governing reciprocal access, 

including the requirement to sign in at any visiting (non-home club) location. Reciprocal access is limited to 10 visits per month to a visiting location. Additional 

lees may apply if you exceed 10 visits to the same visiting club in a month. Each 

time you visit a club outside of the country in which your home club is located, an 

additional fee may apply. 

1.” PF Black Card Guest Privileges arid Other Benefits PF Black Card members 

may bring one guest per day for free to any location. Ali guests must be 18 years 

old or at least 13 years old if accompanied by a parent/guardian and must sign a 

guest registry. Adult guests must present photo identification when signing in. The 

PF Black Card member must accompany the guest and remain on the premises 

during the entire visit. PF Black Card guests are riot entitled to use tanning or 

any other PF Black Card benefit or amenity. PF Black Card members must be 18 

years old to use the tanning facilities and may not use the tanning facilities more 

than once any a 24 hour period. Tanning may be further restricted by your state 

and/or local laws, ordinances and regulations. You agree to abide by all such 

tanning restrictions 

El Transfer of Location: if you are a monthly member, you can transfer your membership from your home club to another club provided you are current on your 

monthly dues and have been a member for at least ninety (90) days. Prepaid 

memberships are not transferable. A transfer fee may apply 

F) Membership Freeze: Your membership can be frozen for verified medical reasons only at time of illness, injury or medical condition. Your freeze wilt be limited 

to the time indicated as necessary by your physician. up to a maximum of three 

(3) months. Your monthly dues will be automatically reinstated at the end of your 

freeze and billed to the account on file with Planet Fitness unless you cancel your 

membership or you are approved for a longer freeze. Please note that you will 

still be billed for your Annual Membership Fee when it is due, even if your account 

is frozen. 

G) Non-Discrimination: Il is the policy of Planet Fitness not to di ,criminate against 

any person on the basis of race, national origin, ancestry, color, creed, religion, 

sex, sexual orientation, age or disability. 

I-I) Changes to Membership Acireement: Planet Fitness may, from time to time, 

make changes to this agreement, other than to your guaranteed Monthly Membership Fee. Such revisions will be effective immediately, provided, however, 

such revisions shall, unless otherwise stated, he effective thirty (30) days after 

notice. Your continued use of Planet Fitness' facilities and/or services shall constitute acceptance of these changes. 

I) Privacy: Planet Fitness and Pi:, Corporate collect, use and disclose certain personal information of members in accordance with their Privacy Policies, which are 

available free of charge upon request. The PF Corporate Privacy Policy is available at www.PlanetFitness.com. Please review the Privacy Policy before signing this agreement as it contains important information relating to your personal 

information. Either may contact you from time to time by telephone, email, text 

message or other means with information and offers related to your membership 

which may be of interest to you. If you do not wish to receive such messages, you 

can opt out at any time. 

.1) Dispute Resolution: In the unlikely event that Planet Fitness and/or PF Corporate is unable to resolve a complaint you may have to your satisfaction (or is 

unable to resolve a dispute with you after attempting to do so informally), we each 

agree to resolve such disputes through binding arbitration or small claims court 

rather than a court of general jurisdiction. For simplicity and fairness, arbitration 

will be conducted on an individual basis in accordance with the American Arbitration Association's rules for consumer arbitration. By signing this agreement, you 

acknowledge and agree that you, Planet Fitness, and PF Corporate are each 

waiving the right to a trial by jury and the right to participate in a class action, 

either in court or in arbitration. Nothing in this clause limits Planet Fitness and/ 

or PF Corporate from seeking preliminary injunctive relief from a cowl in aid of 

arbitration. This Dispute Resolution provision shall apply to this contract unless, 

within thirty (30) days of signing this contract, you notify Planet Fitness in writing 

that you reject this provision. 

Such notification crust be made in writing delivered to the club address listed on 

the first page. Rejection of this provision shall have no effect on the remaining 

provisions of this contract. 

4. Rules & Regulations 

You agree to follow Planet Fitness' membership policies and club rules. Planet Fitness may, in its sole discretion, modify the policies and any club rule without notice at any time. Club rules vary by location and all signs posted in a club or on the 

premises and any verbal communication from Planet Fitness shall he considered 

a part of the club rules. Planet Fitness reserves the right, in its sole discretion, to 

terminate your membership at any time, effective immediately, for violation of any 

membership policy or club rule. 

5. Dress Code 

Planet Fitness strives to provide a safe and comfortable environment for all members. As such, Planet Fitness management and staff may enforce, and you agree 

to abide by, a dress code in ail areas of the club. Clothing that may be perceived 

as intimidating, revealing or offensive, as well as clothing that may present a 

safety hazard or damage equipment, is not allowed. 

8. Account Information Notifications 

Planet Fitness may contact you via telephone, email, text message or other 

means from time to time for the purpose of notifying you of issues related to your 

membership or billing information or for automatic payment processing issues 

By providing us with your contact information and signing this agreement, you 

give your prior express written consent to receive membership arid billing-related 

communications from us or our authorized delegate to the extent permitted by 

applicable law, including without limitation the Telephone Consumer Protection 

Act and the Fair Debt Collection Practices Act. Communications may be further 

restricted by your state and/or local laws, ordinances and regulations, including, 

but not limited to the Fair Credit Extension Uniformity Act. 

7. Facilities & Services 

A) Planet Fitness reserves the right at any time to remove, discontinue, repair or 

replace the equipment available to members without any effect on this agreement 

Planet Fitness also reserves the right to make changes to the type or quantity of 

equipment. programs or services offered to members and to alter the hours of 

operation in Planet Fitness' sole discretion. You acknowledge and agree that the 

equipment. programs and services currently available at the facility are subject 

to change from time to time and are offered on a "first come, first served basis." 

B) Planet Fitness regularly closes its facilities (or portions of its facilities) for maintenance on a temporary basis and also closes on selected holidays, etc. and such 

temporary closures will have no effect on this agreement so long as such temporary closures are reasonable. If your home club is permanently closed, moved or 

sold, Planet Fitness reserves the right to assign and transfer your membership 

to another club within ten (10) miles of your home club, in accordance with your 

rights under applicable law. 

8. Dues, Fees, Charges & Taxes 

Al Payment Atilhoriz,etion: You have full control over the payment authorization 

and can stop it at any time by notifying Planet Fitness as set forth on the front 

page of this agreement. You are responsible for notifying your bank or credit card 

company of any error that appears on your statement in a timely manner. You 

must notify Planet Fitness within sixty (60) days of a claimed error on your statement. 

B) Charges & Taxes: Planet Fitness has the right to add to your prepaid dues or to 

your monthly dues any applicable tax imposed by the government as well as any 

utility charges or surcharges related to the facility. 

9. Cancellation Rights Buyer's Rights 

As a buyer you have the following rights: 

(A) If you, because of death or disability, are unable to use or receive all services 

contracted for, you, or your estate as the case may be, shall be liable for only that 

portion of the charges allocable to the time prior to death or the onset of disability. 

Planet Fitness shall in such event have the right to require and verify reasonable 

evidence of such death or disability. 

(8) You may cancel this agreement within 3 business days after the first business 

day after the agreement is signed by you, and all monies,paid pursuant to said 

contract shall be refunded to you. For the purposes of this ection, business day 

shall mean any day on which the facility is open for business. 

(C) If you are purchasing a plan at a facility which has not yet opened for business 

at the time the agreement is signed, or you do not purchase an agreement at art 

existing facility, you shall have seven calendar days in which to cancel the agreement and receive a full refund of all monies paid. Your rights to cancel described 

herein are in addition to any other contract rights or remedies provided by law. 

(D) In the event of the relocation of your residence to farther than 25 miles from 

Planet Fitness's fitness center, and upon the failure of the original center to designate a center, with comparable facilities and services within 25 miles of the 

customer's new residence, which agrees to accept the original center's obligations under the agreement, the customer may cancel the agreement and shall be 

liable for only that portion of the charges allocable to the lime before reasonable 

evidence of such relocation is presented to Planet Fitness, plus a reasonable fee 

which shall riot exceed 10% of the unused balance, or $50, whichever is less. 

(E) in eat event that services at a planned physical fitness ()enter or a center 

under construction are contracted for and are not available within 12 months from 

the date the agreement is entered into, or within 3 months of a date specified in 

the agreement, whichever is earlier, the agreement may be cancelled at your option, and all payments refunded within 30 days of receipt by Planet Fitness of the 

cancellation notice. 

(F) Notice of cancellation pursuant to subsections (A). (B), (C) (D) or (E) of this 

Section shall be made in writing and delivered by oertilied or registered mail to 

the center at the address specified in the contract. All refunds to which you or your 

estate are entitled shall be made within 30 days of receipt by Planet fitness of the 

cancellation notice. 

10. Limitation of Liability and Waiver of Jury Trial 

Unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. Specifically, neither 

an arbitrator nor a court can award either party any indirect, special, incidental, 

consequential or punitive damages, even if one party told the other party that they 

might suffer these damages. To the extent permitted by applicable law and 

acknowledging that the consequences of said waiver are fully understood, 

the parties agree to waive their right to a trial by Jury In any court action. 

11. Interpretation 

If any provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, 

and each provision of this Agreement shall he valid and be enforced to the 

fullest extent permitted by law. 

FILED DATE: 5/6/2020 2:17 PM 2020CH04099

Case: 1:20-cv-03335 Document #: 1-1 Filed: 06/05/20 Page 29 of 30 PageID #:39
PLANET FITNESS: 

RULES OF THE CLUB 

Unlike most traditional gyms, Planet Fitness does NOT cater towards bodybuilders or powerlifters, 

but instead focuses on general fitness. Most members are first time gym users! There is no dropping 

of the weights, screaming, grunting or uncontrolled heavy lifting allowed. Planet Fitness strives to 

provide a comfortable, non-intimidating atmosphere for EVERYONE in what we call the Judgment 

Free Zone!!! 

2. Jeans, boots, dress shoes or sandals are not permitted on the workout floor, only workout pants/ 

shorts and sneakers. Men: No A-cut shirts or ribbed tank tops are permitted. Women: Tank tops are 

allowed as long as they are deemed tasteful in the sole discretion of management. 

3. Members are required to have a picture on file for safety and security reasons. 

4. Cell phone use is not permitted on the gym floor or on the equipment. We ask you to use your cell 

phone up front in the main lobby area only. 

5. Please wipe down machines after use! 

6. No gallon jugs or outside equipment is allowed. This includes, but is not limited to, jump ropes, resistance bands, push-up handles, etc. 

7. Members must re-rack weights after each use. 

8. No outside trainers or personal trainers are allowed. Anyone conducting personal training inside the 

facility will be subject to ejection and/or membership termination. 

9. Food is not permitted on the gym floor. 

10. Members are responsible for securing their belongings. Planet Fitness is not responsible for members lost, misplaced or stolen items. 

11. Lockers are for daily use only. All locks left on after hours will be REMOVED. Planet Fitness is not 

responsible for locker contents. 

12. No photography or filming is permitted within the gym at any time. Picture taking will result in immediate termination of membership. 

13. Intimidating, threatening and lewd behavior is not permitted. 

14. Planet Fitness reserves the right to add or amend these policies without notice. 

15. No gym bags or personal bags are allowed on the gym floor at any time. 

16. The 30 Minute Circuit is for those using the full circuit. If you are not participating in the circuit, 

please use the other equipment. 

17. Planet Fitness does not offer day care services and children under the age of 13 are not permitted in the club. Those under the age of 16 must be accompanied by a parent or guardian at all 

times. 

18. All members and guests must abide by the Rules of the Club. Members are responsible for the behavior of their guests. Violations of the rules by a guest may result in termination of the member's 

membership. 

19. White Card members from a visiting location must pay a $5 visitation fee. 

20. Firearms are not permitted in the facility under any circumstance. 

Failure to follow Planet Fitness Club Rules will result in Membership Cancellation 

Name: e-sig'' d Date: 

FILED DATE: 5/6/2020 2:17 PM 2020CH04099

Case: 1:20-cv-03335 Document #: 1-1 Filed: 06/05/20 Page 30 of 30 PageID #:40