Zizian v. Massage Envy Franchising, LLC and
Bandell, et al. v. Massage Envy Franchising, LLC
www.massagesettlement.com

OVERVIEW OF THE PROPOSED SETTLEMENT

On January 13, 2017, the Court issued an Order granting final approval of the Settlement and entered a Final Judgment.

Pursuant to the terms of the Settlement Agreement, the Settlement became effective on February 13, 2017. If you are a Cancelled Member who submitted a reinstatement request, your reinstated massages will be available beginning March 15, 2017 and must be used by you only at your Home Clinic on or before September 11, 2017.

This website was established to inform you of the proposed settlement in the above class action lawsuits pending against Massage Envy Franchising, LLC (“MEF”). If you were a member of a Massage Envy Franchise at any time between March 7, 2015 and June 30, 2016, the proposed settlement may affect your rights.

A proposed settlement has been reached in the nationwide class action lawsuits, Donna Zizian v. Massage Envy Franchising, LLC, Civ. No. 16-CV-00783-DMS-BGS and Michelle Bandell, et al. v. Massage Envy Franchising, LLC, Civ. No. 16-CV-01236-DMS-BGS. These lawsuits challenge provisions in membership agreements used by Massage Envy® franchised locations impacting members’ ability to use accrued massages after membership cancellation, termination, or nonrenewal.

Massage Envy Franchising, LLC denies all allegations. These lawsuits were filed and this settlement (“Zizian Settlement”) was reached after the Court denied final approval of a proposed settlement in the lawsuit entitled Hahn v. Massage Envy Franchising, LLC (“Hahn Action”). If you received a notice concerning the proposed settlement in the Hahn Action, please read this Notice carefully as the benefits available to you may have changed. For more information regarding the Hahn Settlement, please click here.

The Zizian Settlement provides benefits to those individuals who had a membership at a Massage Envy® Franchise within the United States that was cancelled, terminated for non-payment, or not renewed between March 7, 2015, and June 30, 2016, and who have at least one accrued unused 50-minute member massage resulting from their membership cancellation, termination, or nonrenewal.

The Zizian Settlement also provides benefits to those individuals who were active members of a Massage Envy® Franchise within the United States as of June 30, 2016, meaning that the individual’s account was current, suspended, or frozen, and had not been cancelled, terminated, or not renewed as of that date.Your legal rights are affected whether you act or do not act. Read the notice and the information on this Settlement Website carefully.


SUMMARY OF YOUR OPTIONS AND LEGAL RIGHTS IN THIS SETTLEMENT
CANCELLED MEMBERS MUST SUBMIT A REINSTATEMENT REQUEST TO RECEIVE BENEFITS If your membership at a Massage Envy® Franchise was cancelled, terminated for non-payment, or not renewed between March 7, 2015, and June 30, 2016, and you have at least one accrued unused 50-minute member massage resulting from your membership cancellation, termination, or nonrenewal, you are a “Cancelled Member” and must submit a valid Reinstatement Request to receive any benefits under the Zizian Settlement. If you are a Cancelled Member, the submission of a Reinstatement Request is the only way to receive benefits. Even if you previously submitted a Reinstatement Request for the Hahn settlement, you must submit another Reinstatement Request to receive your reinstated massages. The deadline to submit a Reinstatement Request is October 18, 2016. See the Long Form Class Notice for more details
AUTOMATIC BENEFIT TO ACTIVE MEMBERS If you were an active member of a Massage Envy® Franchise as of June 30, 2016, meaning that your account was current, suspended, or frozen, and had not been cancelled, terminated, or not renewed, you are an “Active Member.” If the Zizian Settlement is approved and you do not exclude yourself, you will automatically receive 60 days after membership cancellation, termination, or nonrenewal to use or transfer all accrued unused massages under your membership agreement’s terms. See the Long Form Class Notice for more details.
ACTIVE MEMBERS ALTERNATIVE BENEFIT If you are an Active Member, instead of the automatic benefit, you may elect to receive a 180-day period after membership termination, cancellation, or nonrenewal to use 75% of any accrued unused massages, but they cannot be transferred and must be used by you at your Home Clinic. Active Members may also make a one-time new Home Clinic designation but only if they elect the 180-day period. To receive this benefit, you must submit an Election of Benefit Form. See the Long Form Class Notice for more details.
EXCLUDE YOURSELF FROM THE SETTLEMENT Get no benefit from the Zizian Settlement, but retain your right to sue on your own behalf. The postmark deadline to exclude yourself is October 18, 2016. See the Long Form Class Notice or this sample request for more details.
DO NOTHING If you are a Cancelled Member and do nothing, you will not receive any benefit under the Zizian Settlement.

If you are an Active Member and do nothing, you will automatically receive 60 days after membership cancellation, termination, or nonrenewal to use or transfer all accrued unused massages under your membership agreement’s terms.

Whether you are a Cancelled Member or an Active Member, if you do nothing, you will be bound by the terms of the Zizian Settlement if finally approved, and will not be able to sue on your own behalf at a later time. See the Long Form Class Notice for more details.

OBJECT TO THE SETTLEMENT Write to the Court about why you do not like the Zizian Settlement. The postmark deadline to send an objection is October 18, 2016. See the Long Form Class Notice for more details.
ATTEND THE HEARING The Court has set a hearing on January 13, 2017 regarding the fairness of the settlement. You may appear at the hearing, but you don’t have to. You may hire your own attorney to appear for you. See the Long Form Class Notice for more details.

The Court will decide whether to approve the settlement. Zizian Settlement benefits will be available if the Court approves it and after any potential appeals are resolved. Please be patient and check back to this website for updates.