If you received a personalized notice in the mail or via email with a Notice ID and Confirmation Code, please enter the codes you were provided below.

Please remember to enter the full Notice ID exactly as it appears on your personalized Notice, (i.e. 12345678).

If you did not receive a personalized Notice in the mail or via email and are a member of the Spectator Class, click below to complete a Claim Form.

ALL STAR CHEER ANTITRUST LITIGATION
GYM CLASS PROOF OF CLAIM

PART 1: CLAIMANT IDENTIFICATION
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INTRODUCTION

On October 4, 2023, the Court in this case granted final approval of a settlement between Plaintiffs Fusion Elite All Stars (“Fusion Elite”); Spirit Factor LLC d/b/a Fuel Athletics (“Spirit Factor”); Stars and Stripes Gymnastics Academy Inc. d/b/a Stars and Stripes Kids Activity Center (“Stars and Stripes”); Kathryn Anne Radek (“Radek”); Lauren Hayes (“Hayes”), and Janine Cherasaro (“Cherasaro”) (together, “Plaintiffs”) and Defendants Varsity Brands, LLC, Varsity Spirit, LLC, Varsity Spirit Fashion & Supplies, LLC (together “Varsity”) and U.S. All Star Federation, Inc. (“USASF”) (the “Settlement”). The Settlement is on behalf of two classes certified for settlement purposes: (1) the Gym Class and (2) the Spectator Class.

This Claim Form is to be used only by members of the Gym Class. The Gym Class is defined as:

All entities that paid registration or related fees and expenses directly to Varsity to participate in Varsity All Star Events from May 26, 2016, through March 15, 2023 (the “Class Period”).

Excluded from the Gym Class are Defendants, their parent companies, subsidiaries, affiliates, franchisees, officers, executives, and employees; any entity that is or has been partially or wholly owned by one or more Defendants or their respective subsidiaries; States and their subdivisions, agencies and instrumentalities; and any judicial officer presiding over this matter and his or her staff, except that officers of USASF who are not employees of any of Defendants, their parent companies, subsidiaries, affiliates, or franchisees shall not be excluded from the Classes.

To be clear, pursuant to the Gym Class definition certified by the Court for settlement purposes, to be a member of the Gym Class, you must have paid registration or related fees and expenses directly to Varsity to participate in Varsity All Star Events during the Class Period.

The antitrust claims have been settled for (a) aggregate cash payments totaling $43,500,000.00 (the “Settlement Fund”), and (b) significant prospective relief that unwinds key conduct on the part of Defendants that DPPs have challenged as anticompetitive in this case (together, the “Settlement”). You were mailed the long form notice of Settlement (“Settlement Notice”) on May 25, 2023, and it is also available on the Important Documents page. The Settlement Notice summarizes both the litigation and the terms of the Settlement. The purpose of this proof of claim (“Claim Form”) is to ensure that members of the Gym Class can participate in the distribution of the $43.5 million Settlement Fund, less attorneys’ fees, expenses, administration costs, service awards approved by the Court, and any taxes owed (“Net Settlement Fund”). The Net Settlement Fund has been allocated in proportion to the alleged damages each Class suffered as determined by Plaintiffs’ expert economist Dr. Hal J. Singer of Econ One, Inc.: 85% to the Gym Class (“Gym Class Tranche”) and 15% to the Spectator Class (“Spectator Class Tranche”).

INTRODUCTION

On October 4, 2023, the Court in this case granted final approval of a settlement between Plaintiffs Fusion Elite All Stars (“Fusion Elite”); Spirit Factor LLC d/b/a Fuel Athletics (“Spirit Factor”); Stars and Stripes Gymnastics Academy Inc. d/b/a Stars and Stripes Kids Activity Center (“Stars and Stripes”); Kathryn Anne Radek (“Radek”); Lauren Hayes (“Hayes”), and Janine Cherasaro (“Cherasaro”) (together, “Plaintiffs”) and Defendants Varsity Brands, LLC, Varsity Spirit, LLC, Varsity Spirit Fashion & Supplies, LLC (together “Varsity”) and U.S. All Star Federation, Inc. (“USASF”) (the “Settlement”). The Settlement is on behalf of two classes certified for settlement purposes: (1) the Gym Class and (2) the Spectator Class. This Claim Form is to be used only by members of the Spectator Class. The Spectator Class is defined as:

All persons who paid entrance (admission) or other fees and expenses directly to Varsity to observe Varsity All Star Events from May 26, 2016 through March 15, 2023 (the “Class Period”).

Excluded from the Spectator Class are Defendants, their parent companies, subsidiaries, affiliates, franchisees, officers, executives, and employees; any entity that is or has been partially or wholly owned by one or more Defendants or their respective subsidiaries; States and their subdivisions, agencies and instrumentalities; and any judicial officer presiding over this matter and his or her staff, except that officers of USASF who are not employees of any of Defendants, their parent companies, subsidiaries, affiliates, or franchisees shall not be excluded from the Classes.

To be clear, pursuant to the Spectator Class definition certified by the Court for settlement purposes, to be a member of the Spectator Class, you must have paid entrance (admission) or other fees and expenses directly to Varsity to observe Varsity All Star Events during the Class Period.

The antitrust claims have been settled for (a) aggregate cash payments totaling $43,500,000.00 (the “Settlement Fund”) and (b) significant prospective relief that unwinds key conduct on the part of Defendants that DPPs have challenged as anticompetitive in this case (together, the “Settlement”). Publication notice of the Settlement commenced on May 25, 2023. The long form notice of the Settlement summarizing both the litigation and the terms of the Settlement is available on the Important Documents page. The purpose of this proof of claim (“Claim Form”) is to ensure that members of the Spectator Class can participate in the distribution of the $43.5 million Settlement Fund, less attorneys’ fees, expenses, administration costs, service awards approved by the Court, and any taxes owed (“Net Settlement Fund”). The Net Settlement Fund has been allocated in proportion to the alleged damages each Class suffered as determined by Plaintiffs’ expert economist Dr. Hal J. Singer: 85% to the Gym Class (“Gym Class Tranche”) and 15% to the Spectator Class (“Spectator Class Tranche”).

INSTRUCTIONS

The Settlement Administrator, Angeion, Inc., in conjunction with Plaintiffs’ economic expert retained to assist with the allocation process, Econ One, has calculated the total qualifying registration payments and other related fees and expenses (“Qualified Spending”) you (as a Gym) paid directly to Varsity for Varsity All Star Events during the Class Period as reported in Varsity’s electronic transactional data. The calculation applicable to your Gym appears below in Part 2.

You should verify the accuracy of your total Qualified Spending in Part 2. If you agree that the information in Part 2 is accurate, you should check the box in Part 2, sign the Claim Form (if submitted electronically, an e-signature will be used) mail it to the Settlement Administrator at All Star Cheer Antitrust c/o Settlement Administrator, 1650 Arch Street, Suite 2210 Philadelphia, PA 19103, postmarked no later than March 2, 2024, or email it to the Settlement Administrator at Info@AllStarCheerAntitrustSettlement.com or submit it via the portal available at the Settlement website www.allstarcheerantitrustsettlement.com, by no later than March 2, 2024. If you do so, you will not be required to produce any documentation demonstrating your total Qualified Spending or take any further steps. Your pro rata share of the Net Settlement Fund will be computed once the deadline for submitting Claim Forms has expired. The calculation will be as follows: (a) your total amount Qualified Spending divided by the total Qualified Spending of all Gym Class Members who submit valid and timely claims, multiplied by (b) the total funds in the Gym Class Tranche. The amount you receive will potentially vary based upon the following factors, among others: (1) the number of timely and valid Claim Forms received from eligible Gym Class members and (2) certain additional or unexpected claims administration costs and other expenditures that may reduce the Net Settlement Fund available for distribution.

By accepting the total Qualified Spending amount set forth in Part 2, you will be waiving the right to challenge the Settlement Administrator’s determination regarding your pro rata distribution amount on the ground that the distribution amount would have been different had it been calculated using your own records relating to payments directly to Varsity for registration or related fees and expenses to participate in Varsity All Star Events during the Class Period.

If you find that the total Qualified Spending derived from Varsity’s transactional data as set forth in Part 2 below is different from your internal records, and you wish to challenge the Qualified Spending amount, you will need to provide supporting documentation (described below) which is subject to review and evaluation by the Settlement Administrator in consultation with Econ One and Co-Lead Class Counsel. To be clear, you do not have to challenge the Qualified Spending amount if your records contain an amount that differs from the Qualified Spending amount, but you may do so.

INSTRUCTIONS

You must fill out and complete this entire Claim Form to be eligible to receive a payment from the Spectator Class Tranche. Plaintiffs do not have records of all or most Spectator Class ticket expenditures to attend Varsity All Star Events. As a result, the Spectator Class Tranche will be allocated to each Spectator Class member who submits a valid claim by providing a flat $10 payment for each admission to a Varsity All Star Event paid for by the Spectator Class member with a cap of $200 per Spectator Class Claimant. You must affirm under penalty of perjury that you paid for each ticket for which you are seeking to be paid, and for each such ticket, provide as much information as possible to verify attendance and payment, including one or more of the following: the name of the Event, date of the Event, location of the Event, name of the athlete the Spectator was paying to see, the Gym with which the athlete was associated at the time of the Event, the method of payment, the amount paid per Spectator, and (if available) any receipts or documentation proof of payment.

After providing the information requested in Part 2, sign your name under the Verification in Part 3 (if submitted electronically, an e-signature will be used) and submit the Claim Form and any supporting documentation by no later than March 2, 2024. The amount you receive from the Spectator Class Tranche will be reduced pro rata if the total monetary amount of timely, valid Spectator claims exceeds the total amount of money in the Spectator Class Tranche to pay all timely and valid claims.

PART 2: TOTAL QUALIFIED SPENDING

If available, your total Qualified Spending paid directly to Varsity is listed below. Please note that in some cases, electronic transactional data is not available, but you may still qualify for a payment. If your total Qualified Spending amount is not listed below and you would like to be considered for a payment, you may submit your spending documentation and enter an amount in the space provided below.

For the period May 26, 2016, through March 15, 2023, your total Qualified Spending paid directly to Varsity was: $

IF YOU CHECKED THE BOX STATING THAT YOU ACCEPT THE AMOUNT OF REGISTRATION OR RELATED FEES AND EXPENSES PAID DIRECTLY TO VARSITY DURING THE PERIOD MAY 26, 2016, THROUGH MARCH 15, 2023, SKIP TO PART 3.

IF YOU DO NOT ACCEPT THAT PURCHASE AMOUNT OR ENTERED YOUR OWN QUALIFIED SPENDING AMOUNT BECAUSE TRANSACTIONAL DATA WAS NOT AVAILABLE FOR YOUR GYM, INSTRUCTIONS FOR SUBMITTING ACTUAL SPENDING DOCUMENTATION APPEAR BELOW.

PART 2: CLAIM FORM

Class Members will be required to submit information sufficient to prove that they paid for tickets for an event within the class period, May 26, 2016, through March 15, 2023. Please provide the following information for each event for which you are seeking payment. In addition, upload any supporting documentation you may have.

Please note, the Settlement Administrator may ask you to provide additional information to verify your claim.

Add Event

By signing below, you are further verifying under penalty of perjury that the information provided in this proof of claim is accurate and complete.

By signing, you submit to the jurisdiction of the Court with respect to your claim and you acknowledge that you shall be deemed to have by the October 4, 2023, Order Granting Direct Purchaser Plaintiffs’ Unopposed Motion For Final Approval Of Proposed Settlement And Other Related Relief And Granting Direct Purchaser Plaintiffs’ Motion For An Award Of Attorneys’ Fees, For Reimbursement Of Expenses, And For Service Awards For The Class Representatives (“Final Approval And Judgment Order”) fully, finally, and forever waived, released, relinquished, and discharged all Released Claims against the Released Parties, as defined in Paragraph 16 of the Final Approval and Judgment Order, and in the Settlement Agreement, all of which are posted on the Settlement Website, shall be forever enjoined from prosecuting in any forum any Released Claims against any of the Released Parties, and agree and covenant not to sue any of the Released Parties on the basis of any Released Claims.

To the extent that you dispute your total Qualified Spending from Varsity’s transaction data or provided your own data, because transactional data was not available for your gym, as set forth in Part 2 above, you must provide the Settlement Administrator with valid documentation in support of the total amount you claim to have paid to Varsity. Acceptable documentation includes copies of (a) Varsity All Star Event Registration Confirmations or invoices confirming the total amount paid directly to Varsity for attendance at All Star Events or (b) internal records or ledgers (e.g. reports from Quickbooks) certified by you or an independent accountant showing paid registration or related fees and expenses directly to Varsity to participate in Varsity All Star Events. All documentation is subject to review and evaluation by the Settlement Administrator.

By signing below, you are further verifying under penalty of perjury that the information provided in this proof of claim is accurate and complete.

By signing, you submit to the jurisdiction of the Court with respect to your claim and you acknowledge that you shall be deemed to have by the October 4, 2023, Order Granting Direct Purchaser Plaintiffs’ Unopposed Motion For Final Approval Of Proposed Settlement And Other Related Relief And Granting Direct Purchaser Plaintiffs’ Motion For An Award Of Attorneys’ Fees, For Reimbursement Of Expenses, And For Service Awards For The Class Representatives (“Final Approval And Judgment Order”) fully, finally, and forever waived, released, relinquished, and discharged all Released Claims against the Released Parties, as defined in Paragraph 16 of the Final Approval And Judgment Order, and in the Settlement Agreement, all of which are posted on the Settlement Website, shall be forever enjoined from prosecuting in any forum any Released Claims against any of the Released Parties, and agree and covenant not to sue any of the Released Parties on the basis of any Released Claims.

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    PART 3: VERIFICATION

    I declare, under penalty of perjury, under the laws of the United States of America that the foregoing information provided by the undersigned is true and correct and that this proof of claim was executed as follows:.

    Your Claim Form has been submitted successfully.

    Please print this page for your records.

    Your Claim Details
    Submitted Claim ID:
    Confirmation Code:
    You will need the above Submitted Claim ID and Confirmation Code if you would like to edit your Claim at a later time, so please print this page for your records.
    CLAIM INFORMATION
    Contact Name
    First Name
    Last Name
    Street Address
    Street Address 2
    City
    State
    Province
    Zip Code
    Postal Code
    Country
    Email Address
    Daytime Phone Number
    Mobile Number
    Signature
    Date

    If you have any questions regarding your Claim, please provide the Submitted Claim ID listed above and email us at Info@AllStarCheerAntitrustSettlement.com

    Click here to edit your Claim.

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