Case No. 1:20-CV-20836


Welcome to the Settlement Website for Fruitstone v. Spartan Race, Inc.

June 30, 2021

“UPDATE: The Settlement is now Final and as of June 30, 2021. All Class Member relief is active. You can view a copy of the Final Approval Order by clicking the button below. Please continue to check here for updates, including the date that the settlement relief will be activated or distributed.”

If you are an individual in the United States who during the Class Period, based on Spartan’s records, paid a $14 “Racer Insurance Fee” or “Insurance Fee” in connection with any race organized and sponsored by Spartan, you are entitled to the benefits of this settlement.

The Notice explains what the class action lawsuit is about, what the Settlement will be if it is approved by the Court, and what your options are.

You have a choice of benefits.

  • You may select a FREE four month membership in the Spartan+ Membership Program. See Section 7 below for an explanation of the Program; OR

  • You may select a $5 Voucher to be used for any non-sale Spartan Merchandise on www.spartan.com for each time you paid a Racer Insurance Fee. See Section 7 below for an explanation of the Vouchers.

Please click the Selection link on the Email sent to you to choose your Benefit. If you do not make a selection, you will be automatically awarded a FREE four month membership in the Spartan+ Membership Program.

The Court will hold a hearing on May 7, 2021, to determine whether to approve the Settlement. If the Court approves the Settlement, there may be appeals after that. It is always uncertain when any appeals, if filed, will be resolved. Benefits will be activated after the Settlement becomes final and effective, which means after all appeals have been resolved. Please be patient.

Please check this Settlement Website for updates on when the Benefits will be delivered.

If you have further questions, please contact us today at 305-740-1423 or email us at info@moskowitz-law.com.

Case Information & Documents

1) Notice

2) Amended Complaint

3) Motion for Preliminary Approval and Settlement Agreement

4) Preliminary Approval Order

5) Motion For Final Approval

6) Order Granting Final Approval To Class Action Settlement and Entering Final Judgment

Section 7

WHAT ARE THE TERMS OF THE SETTLEMENT?

As described more fully below, each Class Member will be entitled to elect to receive either (a) one four-month free membership to the “Spartan+ Membership Program,” or (b) one Voucher per each paid registration during the Class Period, up to a maximum of four (4) total Vouchers per Class Member.

A. The Spartan+ Membership Program

Through this Stipulation of Settlement, each Class member who elects to receive the Spartan+ Membership Program (the “Program”) will be provided with a free four-month subscription to the Program. This Program subscription will include: (1) the “highest” level of access to all available video, audio, and other digital content; (2) a 20% discount and free shipping and handling for any merchandise purchased by the Class Member from Spartan’s website; and (3) free event photo downloads and access to other “members only” premium content on Spartan’s website.

The normal cost of the Program is $85.00 per year.

You will not be required to provide a credit card to initiate the Program subscription. Subscriptions will automatically terminate at the end of four months, unless the you choose affirmatively to extend your subscription beyond the complimentary four-month period.

B. Voucher for Spartan Merchandise

As an alternative to the four-month free subscription to the Program, each Class Member may elect to receive a $5.00 Voucher for each event for which you paid a “Racer Insurance Fee” or “Insurance Fee” during the Class Period, up to a total of four (4) Vouchers maximum (for a combined value of $20.00).

Voucher Terms:

  1. No Class Member or other person may receive or redeem more than four (4) Vouchers.

  2. Each Voucher shall entitle the owner to a $5.00 credit towards the purchase of any non-discounted merchandise on Spartan’s website.

  3. Vouchers cannot be combined with any promotion, discount, or coupon.

  4. Up to four (4) Vouchers may be “stacked” (i.e., combined for use in a single transaction) towards the purchase of any non-discounted merchandise on Spartan’s website. Vouchers are transferable.

  5. You may transfer the Voucher to family or friends. However, the non-discounted merchandise and four-Voucher stacking limitations also apply to recipients of transferred Vouchers.

  6. Each Voucher will be valid for two (2) years from the date of issuance, at which time the Voucher will expire.

C. Spartan Has Also Agreed To

Change its business practices by adding the following language to current and future marketing and sales materials, FAQs, relevant website screens in the registration process, and screen indicators or selectors that describe or are adjacent to the at-issue fee: “The Administrative, Insurance, and Management Fee covers a number of different costs involved in Spartan events, including administrative and management costs, insurance costs and expenses for related risk management and safety measures. This fee is not a direct pass-through of third-party costs to the racer and may include revenues to Spartan.” The full changes to the business practices can be viewed on the Settlement Agreement.