AM5231 v.06
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK
Rodriguez v. Festival Fun Parks, LLC d/b/a Palace Entertainment,
Civil Action No. 2:24-cv-01245-NJC-ARL
If You Purchased Electronic Tickets to Splish Splash waterpark between August 29, 2022 and
March 5, 2024 and Paid a Processing Fee In Connection With Such Purchase, You May Be
Entitled to a Payment From a Class Action Settlement.
A court authorized this notice. You are not being sued. This is not a solicitation from a lawyer.
• A settlement has been reached in a class action lawsuit claiming that Festival Fun Parks, LLC d/b/a Palace
Entertainment (“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 New York Arts and
Cultural Affairs Law (“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.
• You are included in the settlement if you purchased electronic tickets to Splish Splash waterpark between
August 29, 2022 and March 5, 2024 and paid a fee in connection with such purchase. Persons included in the
settlement will be eligible to receive a pro rata portion of the Settlement Fund, which will be based on the
total amount of processing fees they paid.
• Read this notice carefully. Your legal rights are affected whether you act, or don’t act.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM This is the only way to receive a payment.
BY August, 10 2026
EXCLUDE YOURSELF BY You will receive no benefits, but you will retain any rights you currently have to
May 26, 2026 sue the Defendant about the claims in this case.
OBJECT BY May 26, 2026 Write to the Court explaining why you don’t like the settlement.
GO TO THE HEARING ON Ask to speak in Court about your opinion of the settlement.
June 25, 2026
DO NOTHING You won’t get a share of the settlement benefits and will give up your rights to sue
the Defendant about the claims in the case.
These rights and options—and the deadlines to exercise them—are explained in this Notice.
Basic Information
1. Why was this Notice issued?
A Court authorized this 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 sued is called the Plaintiff. The Defendant is Festival Fun Parks,
LLC d/b/a Palace Entertainment.
2. What is a class action?
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.
QUESTIONS? CALL (855) 533-5216 TOLL-FREE, OR VISIT
WWW.SPLISHSPLASHTICKETFEESETTLEMENT.COM
1
AM5232 v.06
3. What is this lawsuit about?
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.
4. Why is there a Settlement?
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 sooner rather than, if at all, after the completion of a trial.
Who’s Included in the Settlement?
5. How do I know if I am in the Settlement Class?
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.
The Settlement Benefits
6. What does the settlement provide?
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 (see Question 12).
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 Settlement Website by clicking here.
7. How much will my payment be?
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 by clicking
here. Your payment will be sent via 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 (646) 837-7150 to inquire as to the number of claims and/or requests for exclusion that have been received
to date.
8. When will I get my payment?
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.
QUESTIONS? CALL (855) 533-5216 TOLL-FREE, OR VISIT
WWW.SPLISHSPLASHTICKETFEESETTLEMENT.COM
2
AM5233 v.06
How to Get Benefits
9. How do I get a payment?
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. Claim Forms can be found and submitted by clicking
www.splishsplashticketfeesettlement.com, or by printing and mailing a paper Claim Form, copies of which are
available for download here.
We also encourage you to submit your claim online. Not only is it easier and more secure, but it is completely free
and takes only minutes!
Remaining in the Settlement
10. What am I giving up if I stay in the Settlement Class?
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 (see Question
13), you are “releasing” the claims, regardless of whether you claim your electronic payment or not. The Settlement
Agreement is available through the “court documents” link on the website.
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 listed in Question 11 for free or you can, of course, talk to your own lawyer
if you have questions about what this means.
The Lawyers Representing You
11. Do I have a lawyer in the case?
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.
12. How will the lawyers be paid?
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.
Excluding Yourself from the Settlement
13. How do I get out of the settlement?
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
QUESTIONS? CALL (855) 533-5216 TOLL-FREE, OR VISIT
WWW.SPLISHSPLASHTICKETFEESETTLEMENT.COM
3
AM5234 v.06
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
PO Box 3013
Portland, OR 97208-3013
14. If I don’t exclude myself, can I sue the Defendant for the same thing later?
No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this
settlement.
15. If I exclude myself, can I get anything from this settlement?
No. If you exclude yourself, you will not receive any payment from the Settlement Fund.
Objecting to the Settlement
16. How do I object to the settlement?
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.
Court Class Counsel Defendant’s Counsel
The Honorable Nusrat J. Choudhury Philip L. Fraietta Elizabeth Del Cid
United States District Court for the Bursor & Fisher P.A. O’Hagan Meyer PLLC
Eastern District of New York, 50 Main Street, Suite 475 225 West 34th Street,
Courtroom 1040, White Plains, NY 10606 9th Floor
100 Federal Plaza, New York, NY 10122
Central Islip, NY 11722
17. What’s the difference between objecting and excluding myself from the settlement?
Objecting simply means telling the Court that you don’t like something about the settlement. You can object only
if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t
want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer
affects you.
QUESTIONS? CALL (855) 533-5216 TOLL-FREE, OR VISIT
WWW.SPLISHSPLASHTICKETFEESETTLEMENT.COM
4
AM5235 v.06
The Court’s Final Approval Hearing
18. When and where will the Court decide whether to approve the settlement?
The Court will hold the Final Approval Hearing at 12:00 p.m. on June 25, 2026 in Courtroom 1040 at the United
States District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, NY 11722. The purpose
of the hearing will be for the Court to determine whether to approve the settlement as fair, reasonable, adequate, and
in the best interests of the Settlement Class; to consider the Class Counsel’s request for attorneys’ fees and expenses;
and to consider the request for an incentive award to the Class Representative. At that hearing, the Court will be
available to hear any objections and arguments concerning the fairness of the settlement.
The hearing may be postponed to a different date or time without notice, so it is a good idea to check for updates by
visiting the Settlement Website at www.splishsplashticketfeesettlement.com or calling (855) 533-5216. If, however,
you timely objected to the settlement and advised the Court that you intend to appear and speak at the Final Approval
Hearing, you will receive notice of any change in the date of the Final Approval Hearing.
19. Do I have to come to the hearing?
No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own
expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you filed
and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but
it’s not required.
20. May I speak at the hearing?
Yes. You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include
in your letter or brief objecting to the settlement a statement saying that it is your “Notice of Intent to Appear in
Rodriguez v. Festival Fun Parks, LLC d/b/a Palace Entertainment, Civil Action No. 2:24-cv-01245-NJC-ARL.” It
must include your name, address, telephone number, and signature as well as the name and address of your lawyer, if
one is appearing for you. Your objection and notice of intent to appear must be filed with the Court and postmarked
no later than May 26, 2026, and be sent to the addresses listed in Question 16.
Getting More Information
21. Where do I get more information?
This Notice summarizes the settlement. More details are in the Settlement Agreement. You can get a copy of the
Settlement Agreement at www.splishsplashticketfeesettlement.com. You may also write with questions to Splish
Splash Ticket Fee Settlement, PO Box 3013, Portland, OR 97208-3013. You can call the Settlement Administrator at
(855) 533-5216 or Class Counsel at (646) 837-7150, if you have any questions. Before doing so, however, please read
this full Notice carefully. You may also find additional information elsewhere on the case website.
QUESTIONS? CALL (855) 533-5216 TOLL-FREE, OR VISIT
WWW.SPLISHSPLASHTICKETFEESETTLEMENT.COM
5
