Splish Splash Ticket Fee Settlement

A Court authorized the Notice because you have a right to know about a proposed settlement of this class action lawsuit and about all of your options, before the Court decides whether to give final approval to the settlement. This Notice explains the lawsuit, the settlement, and your legal rights.

The case is called Rodriguez v. Festival Fun Parks, LLC d/b/a Palace Entertainment, Civil Action No. 2:24-cv-01245-NJC-ARL. The person who is sued is called the Plaintiff. The Defendant is Festival Fun Parks, LLC d/b/a Palace Entertainment.

This lawsuit claims that Defendant failed to properly disclose a processing fee for electronic tickets to its Splish Splash waterpark prior to those tickets being selected for purchase, in alleged violation of ACAL § 25.07(4). Defendant denies that it violated any law but has agreed to the settlement to avoid the uncertainties and expenses associated with continuing the case.

In a class action, one or more people called class representatives (in this case, Adreana Rodriguez) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the Settlement Class.

The Court has not decided whether the Plaintiff or the Defendant should win this case. Instead, both sides agreed to a settlement. That way, they avoid the uncertainties and expenses associated with ongoing litigation, and Settlement Class Members will get compensation, if at all, sooner rather than after the completion of a trial.

The Court decided that everyone who fits the following description is a member of the Settlement Class:

All individuals in the United States who purchased electronic tickets to the Splish Splash waterpark from Defendant’s website, www.splishsplash.com, from August 29, 2022, to and through March 5, 2024, and were charged processing fees.

Monetary Relief. A Settlement Fund will be created totaling $1,000,000. Payments to Settlement Class Members, and the cost to administer the settlement, the cost to inform people about the settlement, attorneys’ fees (inclusive of litigation costs), and an award to the Class Representative will also come out of this fund.

Prospective Relief. Defendant has agreed to maintain the purchase flows for tickets to its Splish Splash waterpark on its website in a manner that either (1) does not charge fees on ticket sales, or (2) if fees will be charged, Defendant shall clearly and conspicuously disclose the total cost of the tickets, inclusive of fees, prior to the ticket being selected for purchase, unless and until New York Arts and Cultural Affairs Law § 25.07(4) is amended, repealed, or otherwise invalidated.

A detailed description of the settlement benefits can be found in the Settlement Agreement, a copy of which is accessible on the Important Documents page.

To receive a pro rata share of the Settlement Fund, which will be based on the total amount of fees you paid, you must submit a timely and complete Claim Form no later than August 10, 2026. You can file a claim on this website here or by mailing a Claim Form to the Settlement Administrator. Your payment will be by PayPal, Venmo, Zelle, or check, at your election. Claim Forms must be submitted online by 11:59 p.m. EST on August 10, 2026, or postmarked and mailed by August 10, 2026. You can contact Class Counsel at 1-646-837-7150 to inquire as to the number of claims and/or requests for exclusion that have been received to date.

The hearing to consider the fairness of the settlement is scheduled for June 25, 2026 at 12:00 p.m.. If the Court approves the settlement, eligible Settlement Class Members whose claims were approved by the Settlement Administrator will receive their payment 60 days after. The payment will be made in the form of a check, unless you elect to receive payment by PayPal, Zelle, or Venmo, and all checks will expire and become void 180 days after they are issued.

If you are a Settlement Class Member and you want to get a payment, you must complete and submit a Claim Form by August 10, 2026. You can submit a Claim Form online here or download and mail a printed version if you prefer.

We encourage you to submit your claim online. Not only is it easier and more secure, but it is completely free and takes only minutes!

If the settlement becomes Final, you will give up your right to sue the Defendant and other Released Parties for the claims being resolved by this settlement. The specific claims you are giving up against the Defendant are described in the Settlement Agreement. You will be “releasing” the Defendant and certain of its affiliates, employees and representatives as described in Section 1.33 of the Settlement Agreement. Unless you exclude yourself, you are “releasing” the claims, regardless of whether you claim your electronic payment or not. The Settlement Agreement is available on the Important Documents page.

The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions, you can talk to the lawyers representing you in this case for free or you can, of course, talk to your own lawyer if you have questions about what this means.

The Court has appointed Philip L. Fraietta, Stefan Bogdanovich, and Eleanor R. Grasso of Bursor & Fisher, P.A. and Rachel Dapeer of Dapeer Law, P.A. to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense.

You may contact Class Counsel if you have any questions about this Settlement. Please do not contact the Court.

The Defendant has agreed that Class Counsel’s attorneys’ fees and costs may be paid out of the Settlement Fund in an amount to be determined by the Court. The fee petition will seek no more than one-third of the Settlement Fund, inclusive of reimbursement of their costs and expenses; the Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund.

Subject to approval by the Court, Defendant has agreed that the Class Representative may be paid a service award of $5,000 from the Settlement Fund for her services in helping to bring and resolve this case.

To exclude yourself from the settlement, you must submit a request for exclusion by 11:59 p.m. EST on May 26, 2026. Requests for exclusion may be submitted by mailing or otherwise deliver a letter (or request for exclusion) stating that you want to be excluded from the Rodriguez v. Festival Fun Parks, LLC d/b/a Palace Entertainment, Civil Action No. 2:24-cv-01245-NJC-ARL settlement. Your letter or request for exclusion must also include your name, your address, a statement that you purchased electronic tickets to Splish Splash waterpark from Defendant’s Website from August 29, 2022 through and including March 5, 2024; and paid a processing fee in connection with such purchase, your signature, the name and number of this case, and a statement that you wish to be excluded. If you choose to submit a request for exclusion by mail, you must mail or deliver your exclusion request, postmarked no later than May 26, 2026, to the following address:

Splish Splash Ticket Fee Settlement
c/o Epiq Class Action & Settlement Solutions, Inc.
P.O. Box 3013
Portland, OR 97208-3013

Only individual requests for exclusion are allowed. You may not submit a request to exclude other Settlement Class Members from the Settlement Class.

If you do not follow these procedures and deadlines, you will remain a Settlement Class Member and lose any opportunity to exclude yourself from the Settlement. This means that your rights will be determined in this lawsuit by the Settlement Agreement if it receives final approval from the Court.

No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this settlement.

No. If you exclude yourself, you will not receive any payment from the Settlement Fund.

If you are a member of the Settlement Class, you can object to the settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file with the Court a letter or brief stating that you object to the settlement in Rodriguez v. Festival Fun Parks, LLC d/b/a Palace Entertainment, Civil Action No. 2:24-cv-01245-NJC-ARL, and identify all your reasons for your objections (including citations and supporting evidence) and attach any materials you rely on for your objections. Your letter or brief must also include your name, your address, the basis upon which you claim to be a member of the Settlement Class, the name and contact information of any and all attorneys representing, advising, or in any way assisting you in connection with your objection, and your signature. If you, or an attorney assisting you with your objection, have ever objected to any class action settlement where you or the objecting attorney has asked for or received payment in exchange for dismissal of the objection (or any related appeal) without modification to the settlement, you must include a statement in your objection identifying each such case by full case caption. You must also mail or deliver a copy of your letter or brief to Class Counsel and Defendant’s Counsel listed below.

Class Counsel will file with the Court and post on this website its request for attorneys’ fees by May 8, 2026.

If you want to appear and speak at the Final Approval Hearing to object to the settlement, with or without a lawyer (explained below in answer to Question Number 20), you must say so in your letter or brief. File the objection with the Court (or mail the objection to the Court) and mail a copy of the objection to Class Counsel and Defendant’s Counsel, at the addresses below, postmarked no later than May 26, 2026.

Objecting is telling the Court that you do not like something about the Settlement and do not want the Court to approve the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because you are no longer part of the lawsuit.