 24 Hour Fitness operates a chain of more than 400 fitness clubs in 18 states,  including Texas.      24 Hour Fitness has 89 locations within the State of Texas currently registered  with the Texas Secretary of State.    24 Hour Fitness has purported written contracts with its members for access to its  health/fitness clubs and for its provision of fitness and other services.     On or about October 17, 2010, Plaintiff Wendt entered into a Club Membership  Agreement with 24 Hour Fitness (the “Wendt Contract”).   A true and correct copy of the Wendt  Contract is attached hereto as Exhibit 1 and incorporated herein by reference.    Under the Wendt Contract, Plaintiff Wendt’s club of enrollment was 24 Hour  Fitness’ club number 00307, located at 7622 Campbell Road, Dallas, Texas 75248.      The Wendt Contract is 24 Hour Fitness version 24HR-V.07.10-TEX.      Pursuant to the terms of the Wendt Contract, Plaintiff Wendt paid a total amount  of $72.62 upfront for (1) $3.10 in dues for prorated days, (2) first month’s dues in the amount of  $31.99, (3) last month’s dues in the amount of $31.99 and (4) taxes in the amount of $5.54.      Plaintiff Wendt’s monthly dues under the Wendt Contract are $31.99, which he  has paid on a regular basis since the Wendt Contract was entered into.    Under the Jasso Contract, Plaintiff Jasso’s club of enrollment was 24 Hour  Fitness’ club number 00344, located at 2407 West Airport Freeway, Irving, Texas 75062.      The Jasso Contract is 24 Hour Fitness version 24HR-V.07.11-TX.    Pursuant to the terms of the Jasso Contract, Plaintiff Jasso paid a total amount of  $154.29 upfront for (1) an initiation fee in the amount $99.98, (2) first month’s dues in the  amount of $20.57, (3) last month’s dues in the amount of $21.99 and (4) taxes in the amount of  $11.75.     Plaintiff Jasso’s monthly dues under the Jasso Contract are $21.99, which he has  paid on a regular basis since the Jasso Contract was entered into.   B.   Mandatory Requirements for Health Spa Act Contracts.    Subchapter G of the Health Spa Act, entitled “CONTRACT REQUIREMENTS,”  sets forth specific language that must be included verbatim in a contract for membership in a  health club or spa.      Health Spa Act § 702.304 provides as follows:  Sec. 702.304.  CANCELLATION AND REFUND NOTICE.    (a)  Except as provided by Subsection (b), a contract must state in at  least 10-point type that is boldfaced, capitalized, underlined, or otherwise  conspicuously distinguished from surrounding written material:   This class action is filed on behalf of all persons who, within two years prior to  the filing of this action, paid dues and/or fees for services to 24 Hour Fitness (“dues and services  fees”) pursuant to contracts with 24 Hour Fitness for membership in or access to any 24 Hour  Fitness location in Texas or for the provision of services at any 24 Hour Fitness location in Texas  (the “Class”).      Pursuant to § 702.003(14) of the Health Spa Act and for purposes of this action,  “services” means the “programs, plans, guidance, or instruction” that 24 Hour Fitness provides  for its members, including “diet planning, exercise instruction and programs, and instructional  classes.”    The Class Period runs from two years before the date this action was filed until  the date of class certification.    Plaintiffs reserve the right to modify or amend the definition of the proposed  Class before the Court determines whether certification is appropriate.    The Class as defined is identifiable and unambiguous based on objective  information and criteria, including the computer and paper records regularly maintained by 24  Hour Fitness in its regular course of business.    Upon information and belief, 24 Hour Fitness has collected dues and services fees  pursuant to purported written contracts with hundreds of thousands of Texas residents during the  Class Period within the last two years.  The Class is thus so numerous as to make it impracticable  to bring all members of the Class individually before the Court.     Plaintiffs are members of the Class.  Plaintiffs’ claims are typical of, if not  identical to, the claims of the rest of the Class.  Plaintiffs entered into the Contracts with 24 Hour  Fitness which violated the Health Spa Act and are therefore void.  The other members of the  Class also entered into contracts with 24 Hour Fitness that violated the Health Spa Act in the  exact same manner and which, therefore, are also void.  Plaintiffs’ claims thus arise from the  same factual pattern and under the same legal theories as all of the other members of the Class.    A class action provides a fair and efficient method for adjudicating this  controversy.  The substantive claims of Plaintiffs and the other members of the Class are  identical and will require evidentiary proof of the same kind and application of the same law to  those facts.    A class action is superior to other available methods for the fair and efficient  adjudication of this controversy because the Class members number in the hundreds of thousands  and individual damages are relatively low compared to the cost of suit.  The expense and burden  of individual litigation would make it impracticable or impossible for Class members to  prosecute their claims individually.      Trial of Plaintiffs’ and the Class’ claims is manageable.  Damages can be  precisely calculated based upon objective data and criteria.  Absent certification of a class, the  Class members will be effectively precluded from protecting and enforcing their legal rights, and  24 Hour Fitness would be permitted to retain the illegal charges it collected from Plaintiffs and  the other Class members.   A.   Contracts Between 24 Hour Fitness and Plaintiffs    THE SECRETARY OF STATE'S INTERNET WEBSITE."  (4)  "IF YOU DIE OR BECOME TOTALLY AND  PERMANENTLY DISABLED AFTER THE DATE THIS CONTRACT 