Common use of Procedure for Opting Out Clause in Contracts

Procedure for Opting Out. The parties agree to the following procedure for Settlement Class Members who wish to opt out of the Settlement Class: i. A Settlement Class Member who wishes to opt out of the Settlement Class must do so in writing by mailing a written Opt-Out Request requesting exclusion from the Settlement to the Settlement Administrator at the addresses set forth in the Notice. ii. Any Opt-Out Request must be postmarked no later than sixty (60) days from the Notice Date. iii. The request must: a. Identify the Settlement Class Member by name; b. Identify the Settlement Class Member’s current street address and current e-mail address (if any); c. Identify the phone number(s) associated with the Settlement Class Member’s Advance Pay account(s) during the Class Period; d. Be signed by the Settlement Class Member; and e. If the Settlement Class Member is represented by counsel, provide such counsel’s name, address, telephone number, and e-mail address. iv. A member of the Settlement Class may opt-out on an individual basis only. So-called “mass” or “class” opt-outs, whether filed by third parties on behalf of a “mass” or “class” of class members or by multiple class members where no personal statement has been signed by each and every individual Settlement Class Member, shall not be considered valid or effective. v. Any member of the Settlement Class who opts out but also files a Claim Form before the Claim Deadline shall be deemed to have rescinded his or her opt out. vi. Any Opt-Out Request that fails to satisfy the requirements of this Section or that has not been properly or timely sent shall be deemed ineffective. If such an Opt-Out Request is deemed ineffective, the Settlement Class Member shall be deemed to have waived any right to opt out from the Settlement and shall be deemed a Settlement Class Member for all purposes under this Agreement.

Procedure for Opting Out. The parties agree Short Form Class Notice shall state the Opt-Out/Objection Deadline Date and refer recipients to the following procedure Settlement Website for additional information. The Long Form Class Notice shall provide that those individuals or entities within the Settlement Class Members who wish to opt out of the Settlement Class: i. A must mail a written signed statement to the Settlement Administrator expressing their desire to opt-out from the Settlement, and any such statement shall include the name (and former names, if any), current address, telephone number, and the last four (4) digits of a tax ID of the individual or entity and state that "I wish to opt out from the ClassPass settlement." Any member of the Settlement Class Member who wishes to opt out of the Settlement Class must do so in writing by mailing submit a written Opt-Out Request requesting exclusion request to be excluded from the Settlement to the Settlement Administrator at the addresses set forth in the Notice. ii. Any Opt-Out Request must be postmarked no later than sixty (60) days from the Notice Opt-Out/Objection Deadline Date. iii. The request must: a. Identify date of the Settlement Class Member by name; b. Identify postmark on the Settlement Class Member’s current street address and current emailing envelope shall be the exclusive means used to determine whether an Opt-mail address (if any); c. Identify the phone number(s) associated with the Settlement Class Member’s Advance Pay account(s) during the Class Period; d. Be signed by the Settlement Class Member; and e. If the Settlement Class Member is represented by counsel, provide such counsel’s name, address, telephone number, and e-mail address. ivOut has been timely submitted. A Any member of the Settlement Class may optwho submits a valid and timely Opt-out on an individual basis onlyOut request shall no longer be a member of the Class; shall be barred from participating in this Settlement, as to the class claims; shall be barred from objecting to this Settlement; shall receive no benefit from this Settlement,; and will not be bound by this Agreement, or the Final Approval Order and Judgment. SoAny Settlement Class Member who does not Opt-Out by submitting a request for exclusion as described herein, (i) will be bound by the terms of this Settlement and conditions of this Agreement, the Final Approval Order and Judgment, and the releases set forth herein; (ii) be deemed to be Settlement Class Members for all purposes under this Agreement; and (iii) except as otherwise provided herein, will be deemed to have waived all objections and oppositions to the fairness, reasonableness, and adequacy of the Settlement. Multiple, so-called “mass” or “class,” optOpt-outs, whether filed by third parties on behalf of a “mass” or “class” of class members or by multiple class members where no personal statement has been signed by each and every individual Settlement Class Member, Out shall not be considered valid or effectiveallowed. v. Any member of the Settlement Class who opts out but also files a Claim Form before the Claim Deadline shall be deemed to have rescinded his or her opt out. vi. Any Opt-Out Request that fails to satisfy the requirements of this Section or that has not been properly or timely sent shall be deemed ineffective. If such an Opt-Out Request is deemed ineffective, the Settlement Class Member shall be deemed to have waived any right to opt out from the Settlement and shall be deemed a Settlement Class Member for all purposes under this Agreement.