SeaWorld Passholders Could Get $11.5M in Refunds

Case 8:14-cv-03028-MSS-JSS Document 182 Filed 06/29/18 Page 1 of 20 PageID 3145
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JASON HERMAN,
JOEY KRATT, and CASE NO.: 8:14-cv-03028-MSS-JSS
CHRISTINA LANCASTER,
Plaintiffs,
v.
SEAWORLD PARKS &

ENTERTAINMENT, INC.,
Defendant.
________________________________/
UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF

CLASS ACTION SETTLEMENT AGREEMENT AND CLASS NOTICE
Plaintiffs, Jason Herman, Joey Kratt, and Christina Lancaster (collectively,
“Plaintiffs”), on behalf of themselves and all others similarly situated, moves the Court enter
an order: (1) preliminarily approving the proposed settlement set forth in the Settlement
Agreement (“Settlement” or “Settlement Agreement”), attached to this motion as Exhibit 1;1
and (2) approving the notice plan and approving the form and content of the proposed Notice
of Class Certification and Settlement (“Notice”), which is attached to the Settlement
Agreement as Exhibit C; and (3) scheduling a Final Approval Hearing at least one-hundred
twenty-five (125) days from the date the preliminary approval order is entered. The Settlement
Agreement provides substantial and immediate benefits to the Class. Class Counsel
respectfully submit that the Settlement is fair, reasonable, and adequate, and should be
preliminarily approved. The grounds supporting this motion are set forth in the following
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A proposed Preliminary Approval Order is attached to the Settlement Agreement as Exhibit
B.
Memorandum.
MEMORANDUM
I. Background
A. Procedural history
This litigation concerns the practice of Defendant SeaWorld Parks & Entertainment,
Inc. (“SeaWorld”) of automatically renewing annual passes to its theme parks that customers
paid for in installments through SeaWorld’s “EZ Pay” system. The operative contract (the
“EZ Pay Contract”) stated during the relevant time period, “EXCEPT FOR ANY PASSES
PAID IN LESS THAN 12 MONTHS, THIS CONTRACT WILL RENEW
AUTOMATICALLY ON A MONTH-TO-MONTH BASIS FOLLOWING THE PAYMENT
PERIOD until I terminate it.” Doc. 135 at 2. The above language was included in the EZ Pay
Contract until February 11, 2014.2 Doc. 122 ¶ 14. In the ordinary course, pass holders paid
the required twelve installments in eleven months. Doc. 135 at 3. Unless the customer
affirmatively contacted SeaWorld to cancel the customer’s EZ Pay account, SeaWorld
automatically renewed the customer’s EZ Pay pass and continued to charge the customer’s
credit or debit card. Id. at 4.
Plaintiffs’ Second Amended Class Complaint alleged on behalf of a Class of Florida,
Texas, Virginia, and California EZ Pay customers that SeaWorld’s practice was a breach of
contract. Doc. 72 ¶¶ 57, 69-75. Plaintiff Kratt also alleged on behalf of a Subclass of EZ Pay
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In preparing the settlement documents, the parties realized that, although SeaWorld changed
the contract language at issue in this case by February 11, 2014, the class definition did not
limit the class to customers who purchased their passes before that date. Plaintiffs are filing
contemporaneously with this motion a motion to amend the class certification order to include
this date limitation.
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customers who paid for their passes with debit cards that SeaWorld’s conduct violated the
Electronic Funds Transfer Act (“EFTA”), 15 U.S.C. § 1693, et seq. Id. ¶¶ 57, 76-81.
Plaintiffs moved for class certification, Doc. 93, to which SeaWorld responded, Doc.
98. The Court granted Plaintiffs’ class certification motion, certifying two classes. Doc. 135 at
49-50. The Breach of Contract class was defined to include:
a. All natural persons who purchased a one-year pass through Defendant’s “EZ
Pay” program to one of Defendant’s theme parks located in the States of
Florida, Texas, Virginia, and California;
b. who were residents of the state where the park is located at the time of
purchase;
c. who purchased the pass within the applicable statute of limitations for the
respective states;
d. who paid for their one-year pass in less than 12 months; and
e. who were charged any additional monthly payments for renewal of the pass
after the one-year pass was paid in full.
Id. at 49-50. The EFTA Subclass was defined to include:
a. All natural persons who purchased a one-year pass through Defendant’s “EZ
Pay” program to one of Defendant’s theme parks located in the States of
Florida, Texas, Virginia, and California;
b. who were residents of the state where the park is located at the time of
purchase;
c. who paid for their pass using a debit card;
d. who paid for their one-year pass in less than 12 months;
e. who were charged through an electronic fund transfer to their debit or bank
account any additional monthly payments for renewal of the pass after the one-
year pass was paid in full; and
f. such additional monthly payments were charged on or after the date one year
prior to the filing of this action.
Id. at 50. A number of categories of persons are excluded from both classes, including those
who received full refunds from SeaWorld of “monthly payments for renewal of the pass after
the one year pass was paid in full,” those who “continued to use their EZ Pay pass after the
one-year pass had expired,” and those who released their claims against SeaWorld as a result
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of a California class action settlement. Id. at 50-51.
Pursuant to Federal Rule of Civil Procedure 23(f), SeaWorld filed a petition in the
Eleventh Circuit Court of Appeals for leave to appeal the Court’s class certification ruling,
Doc. 138, to which Plaintiffs responded, Doc. 139. The Eleventh Circuit denied SeaWorld’s
petition for leave to appeal, and also denied SeaWorld’s motion for reconsideration of the
denial of its petition. Doc. 148 Ex. A; Doc. 156 Ex. 1.
Plaintiffs moved for summary judgment as to liability on both the breach of contract
and EFTA claims. Doc. 123. SeaWorld moved for partial summary judgment as to the breach
of contract claim. Doc. 124. While SeaWorld’s petition for leave to appeal was pending, the
Court granted Plaintiffs’ motion for summary judgment as to liability and denied SeaWorld’s
motion for partial summary judgment. Doc. 144. The Court held that the undisputed material
facts demonstrated that SeaWorld breached the EZ Pay contract by automatically renewing it
and continuing to charge customers after they had made the twelve required contract payment.
Id. at 4-10. The Court further held that the undisputed material facts established that SeaWorld
violated the EFTA by collecting electronic funds transfers after the EZ Pay contract expired.
Id. at 12-14.
After the Eleventh Circuit denied its petition for leave to appeal, SeaWorld filed a
notice of appeal from the Court’s arbitration, class certification, and summary judgment orders.
Doc. 148. The Eleventh Circuit dismissed SeaWorld’s appeal for lack of jurisdiction. Doc.
155.
Following the conclusion of the proceedings in the appellate court, SeaWorld moved
to decertify the class on the theory that the Court’s entry of summary judgment as to liability
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in favor of the Plaintiffs before the members of the Class had been given notice and an
opportunity to opt out violated the one-way intervention doctrine. Doc. 168. Plaintiffs
responded in opposition to the motion. Doc. 173. The motion to decertify remained pending
at the time the parties notified the Court they had reached a settlement in principle, Doc. 178,
and was denied as moot. Doc. 179.
B. The mediation and the Settlement Agreement
The parties voluntarily agreed to participate in a mediation to attempt to resolve this
matter. The parties jointly agreed to retain a nationally-recognized mediator, Gary V.
McGowan, Esquire, of McGowan Arbitration and Dispute Resolution of Houston, Texas. A
day-long mediation took place on April 18, 2018. While the parties did not reach an agreement
the day of the mediation, the parties were able to reach an agreement in principle several days
later. The parties memorialized their agreement in principle in a Memorandum of
Understanding. The parties have now jointly drafted the Settlement Agreement, which reflects
the terms agreed to during and after the mediation. The terms of the Settlement are described
below.
1. The Class Definition
The Settlement Agreement defines the Settlement Class as follows:
The term “Settlement Class” shall mean all natural persons who purchased a
one-year pass through SeaWorld’s “EZ Pay” program to one of SeaWorld’s
theme parks located in the states of Florida, Texas, Virginia, or California; who
were residents of the state where the park is located at the time of purchase;
who purchased the pass within the Applicable Statute of Limitations Period for
the respective states (as defined herein); who paid for their one-year pass in less
than 12 months; and who were charged any additional monthly payments for
renewal of the pass after the one-year pass was paid in full. Excluded from the
Settlement Class are (a) all persons who received full refunds from SeaWorld
after being charged any monthly payments for renewal of the pass after the one
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year pass was paid in full; (b) all persons who used their pass after the initial
one-year term; (c) managers, directors, and employees of SeaWorld and
members of their immediate families; (d) all agents of SeaWorld; (e) legal
counsel for Plaintiffs or SeaWorld and members of their immediate families;
(f) all judges assigned to hear any aspect of this litigation as well as their
immediate family members; and (g) any class members in the matter of Gargir
v. SeaWorld Parks & Entertainment, Inc., No 37-2015-00008175-CU-MC-
CTL, in the California Superior Court, San Diego County (the Gargir Action)
who have released and discharged SeaWorld of any claims they may have in
this case as a result of a class action settlement approved in the Gargir Action.
Ex. 1 ¶ 1.18. The term “Applicable Statute of Limitations Period” as used in the definition of
the Settlement Class is further defined in the Settlement Agreement as applying to “one year
Passes that were purchased during the following time periods: December 3, 2008 to December
3, 2014 for Virginia customers; December 3, 2009 to December 3, 2014 for California
customers; December 3, 2008 to December 3, 2014 for Florida customers; and December 3,
2009 to December 3, 2014 for Texas customers.” Id. ¶ 1.1. The substance of the Settlement
Class definition is identical to that in the Court’s class certification Order.
The Settlement defines the “EFTA Subclass” to include “all members of the Settlement
Class who used a debit card to fund their EZpay contract and were charged any additional
monthly payments for renewal of a pass after December 13, 2013.” Ex. 1 ¶ 1.4. This definition
is substantively identical to the definition of the EFTA Subclass in the Court’s class
certification Order. Compare Doc. 135 at 50 with Ex. 1 ¶ 1.14.
2. Notice and claims administration
SeaWorld has agreed to pay the costs of providing notice to the class and the costs of
claims administration, including the hiring of a Settlement Administrator. Ex. 1 ¶¶ 1.17, 2.4.
SeaWorld will provide the Settlement Administrator the last known mailing address it has for
each Class Member. Id. ¶ 3.2(a). The Settlement Administrator will provide the Notice to all
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Class members by first-class mail at the Class member’s most recent address. Id. ¶ 3.2(d).
The Settlement Administrator will also put up a website containing details of the Settlement.
Id. ¶ 3.2(c). If approved by the Court, the Notice will be in form of Exhibit C to the Settlement
Agreement, which sets forth all of the terms of the Settlement Agreement. The Notice will
include an option form (the “Option Form”) that allows Class Members to select from the
options for class relief available under the Settlement, as described more fully below. Id. Ex.
C.
The Notice is designed to inform Class members that the Class has been certified and
provide them clear, concise, easily-understood information about their legal rights. The
proposed Notice includes a fair summary of the parties’ respective litigation positions; a
summary of the Settlement; an explanation of Class Members rights and options under the
Settlement Agreement; instructions for returning the Option Form; instructions for how to
object to or opt out of the Settlement; and the date, time, and place of the Final Fairness
Hearing. Id. Ex. C.
The Notice will be mailed by a date no later than fifty (50) days after a Preliminary
Approval Order is entered. Ex. 1 ¶ 3.2(d). The Notice will provide a deadline for class
members to opt out of or object to the Settlement, or to return the Option Form. Id. Ex. C.
That deadline will be the date ninety-five (95) days after the date the preliminary approval
order is entered. Id. ¶¶ 3.2(f), 3.4, 3.5.
3. The Common Fund
SeaWorld will make an $11.5 million payment (the “Settlement Amount”) into a
common fund (the “Common Fund”). Ex. 1 ¶ 2.1. SeaWorld will pay the Settlement Amount
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to the Settlement Administrator to be held in an escrow account and distributed by the
Settlement Administrator pursuant to the terms of the Settlement Agreement. Id. ¶¶ 2.1, 2.5.
The Common Fund will be allocated as follows:
x Attorney’s fees and costs will be paid to Class Counsel in a reasonable amount
to be approved by the Court. Id. ¶ 2.7.
x Service awards will be paid to the named Plaintiffs in an amount to be approved
by the Court. Id. ¶ 2.6.
x The members of the EFTA Subclass will each be entitled to a pro rata share of
a $500,000 EFTA Subclass Fund. Id. ¶ 2.2.
x The funds remaining in the Common Fund after the following the deduction of
attorney’s fees and costs, service awards to the named plaintiffs, and the EFTA
Subclass Fund will be distributed pro rata to each Class Member based on the
number of passes the Class Member purchased (the “Per Pass Payment”). Id.
¶ 2.3.
A Class member who does not opt out will have the opportunity to select from one of
three options for payment of the Per Pass Payment, which will be explained in the Notice and
the Option Form that will be sent to each Class member with the Notice. See Ex. 1 at Ex. C.
The date on which the Notice and Option Form are sent to Class members will be known as
the Option Date. Ex. 1 ¶ 1.12. The three options available to Class members are as follows:
(1) receiving a check in the amount of the Per Pass Payment and cancelling any passes that are
in effect as of the Notice Date; (2) receiving a credit in at least the amount of the Per Pass
Payment and having any passes that are in effect as of the Notice Date remain active and
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subject to monthly renewal until the pass holder contacts SeaWorld to cancel them; or (3)
receiving a check in the amount of the Per Pass Payment and having any passes that are in
effect as of the Notice Date remain active and subject to monthly renewal until the pass holder
contacts SeaWorld to cancel them. Id. ¶ 3.2(e). Class Members will be requested to select
from the above three options on the Option Form and return the Option Form by the Option
Deadline of ninety-five (95) days after the date of preliminary approval, which will be at least
forty-five (45) days after the Notice and Option Form are sent to Class members. Id. ¶ 3.2(e),
(f). Class members will be notified that if they do not return the Option Form, the third of
these options will be applied to them; that is, the Class member will receive a check by mail in
the amount of the Per Pass Payment and any passes that are in effect as of the Notice Deadline
will remain active and subject to monthly renewal until the pass holder contacts SeaWorld to
cancel them. Id. Ex. C.
4. Attorney’s fees, costs, and representative Plaintiff incentive awards
Other than to agree that attorney’s fees, costs, and incentive awards to the
representative plaintiffs would be paid from the Common Fund, the parties did not discuss the
amount or payment of these expenses until after they had reached an agreement in principle
regarding the terms of the Settlement Agreement. The parties subsequently agreed that Class
Counsel could request approval from the Court for an award of attorney’s fees in an amount
up to 25% of the Common Fund, plus reimbursement of reasonable out-of-pocket costs, to be
paid from the Common Fund. Ex. 1 ¶ 2.7. The parties further agreed that Class Counsel could
request approval from the Court for service awards in an amount up to $10,000 on behalf of
each representative Plaintiff, also to be paid from the Common Fund. Id. ¶ 2.6.
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5. The Class Release
In exchange for the benefits provided by the Settlement, all Class members who do not
opt out will be deemed to have released all claims related to the subject matter of this Action
that arose during the Settlement Class Period. Ex. 1 ¶ 4.2. That is, Class members will release
all claims against SeaWorld relating to the automatic renewal of passes purchased using an EZ
Pay Contract that arose during the time period from the beginning of the Applicable Statute of
Limitations Period through the date of Final Approval of the Settlement. Id. ¶¶
6. Exclusion and objection rights
Class members may choose to opt out of the Class by submitting a written request for
exclusion by a date that will be set at least ninety-five (95) days after the date of preliminary
approval, which means that date will be at least forty-five (45) days after the date the Notice
is sent to the Class. Ex. 1 ¶¶ 3.2(d), 3.5. Class members will be instructed in the Notice that
a written request for exclusion must include the name and case number of this case; their name,
address, e-mail address, and telephone number; and a statement that they do not wish to
participate in the Settlement. Id. ¶ 3.5.
Class members who wish to object to the Settlement may do so by submitting a written
objection by the same date. Ex. 1 ¶ 3.4. Class members will be instructed in the Notice that
written objection should include: the name and case number of this case; the Class member’s
name, address, e-mail address, and telephone number; and the words “Notice of Objection” or
“Formal Objection” along with a statement of the Class member’s legal and factual objections
to the Settlement, including an attestation of facts showing that the person objecting is a
member of the Class. Id. ¶ 3.4 & Ex. C. Class members will be further instructed that they or
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their counsel may appear at the Fairness Hearing so long as they indicate an intention to do so
in their objection. Id.
7. The Final Approval Process
In advance of the Final Approval hearing, Class Counsel will file a motion for final
approval of the Settlement. Ex. 1 ¶ 3.6. The parties will request entry of a Final Order in the
form of Exhibit D to the Settlement Agreement. Id. Class Counsel will also file their motion
for attorney’s fees and costs at least twenty-one (21) days before the deadline for Class
members to object to or opt out of the Settlement Agreement. Id. ¶ 2.7. Within five (5) days
after the motion for attorney’s fees and costs is filed, the Settlement Administrator will post
the motion to the Settlement Website. Id. ¶ 3.2(c).
The “Final Settlement Date” will be the earliest of thirty-five (35) days after the entry
of the Final Order and Approval of the Settlement if no appeal is taken, or thirty-five (35) days
after the date of the final resolution of any appeal, assuming the Final Order and Approval is
affirmed. Ex. 1 ¶ 1.7. Within ten (10) days after the Final Settlement Date, SeaWorld will
transmit the $11.5 million Settlement Amount to the Settlement Administrator. Id. ¶ 2.5. The
Settlement Administrator will distribute the Service Awards to the Named Plaintiffs, the award
of attorneys’ fees and costs, and checks in the amount of each Class member’s recovery to that
Class member. Id. ¶ 2.3. Significantly, although Class members will have the opportunity to
return the Option Form to select the form in which they wish to receive payment, id. ¶ 3.2(e),
every Class member who does not opt out will receive a check or credit in the amount of the
Per Pass Payment times the number of passes that Class member purchased during the relevant
time period. Id. ¶ 3.2(e). Any Class member who does not return the Option Form will receive
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his or her compensation in the form of a check mailed to the Class Member at his or her last
known address. Id. If the check is returned undelivered, the Settlement Administrator will
contact the Class member by email and ask for updated address information. Id. ¶ 2.3(d).
Class members will have ninety (90) days to cash their settlement checks. Id. ¶ 2.3(c). Only
funds resulting from payments the Settlement Administrator is unable to make will be returned
to SeaWorld. Id. ¶ 2.3(e).
II. The Settlement should be preliminarily approved because the Settlement

Agreement is a fair, reasonable, and adequate resolution of this case.
The Settlement Agreement should be preliminarily approved. Approval of a class
action settlement involves “three distinct steps: first, preliminary approval of the proposed
settlement after submission to the court of a written motion for preliminary approval; second,
dissemination of mailed and/or published notice of settlement to all affected class members;
and third, a final settlement approval hearing at which class members may be heard regarding
the settlement, and at which argument concerning the fairness, adequacy, and reasonableness
of the settlement may be presented.” Reyes v. A T & T Mobility Servs., LLC., 2012 WL
13008164, at *1 (S.D. Fla. Dec. 20, 2012). “Preliminary approval of a settlement agreement
requires only an “initial evaluation” of the fairness of the proposed settlement on the basis of
the written submissions.” Pierre-Val v. Buccaneers Ltd. P’ship, 2015 WL 3776918, at *1
(M.D. Fla. June 17, 2015) (quoting Clark v. Ecolab, Inc., 2009 WL 6615729, at *3 (S.D.N.Y.
Nov. 27, 2009)). “Preliminary approval is appropriate where the proposed settlement is the
result of the parties’ good faith negotiations, there are no obvious deficiencies and the
settlement falls within the range of reason.” In re Checking Account Overdraft Litig., 2012
WL 4174502, at *4 (S.D. Fla. Sept. 19, 2012) (quoting Smith v. Wm. Wrigley Jr. Co., 2010
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WL 2401149, at *2 (S.D. Fla. Jun. 15, 2010)). Application of these standards here supports
preliminary approval.
A. The Settlement Agreement was negotiated in good faith.
First, the Settlement Agreement is the result of good faith negotiations between
Plaintiffs and SeaWorld, each of which were represented in this matter by experienced,
qualified counsel. “Settlement negotiations that involve arm’s length, informed bargaining
with the aid of experienced counsel support a preliminary finding of fairness.” In re Checking
Account Overdraft Litig., 2012 WL 4174502, at *4. In this case, the parties mediated the case
on three separate occasions, reaching an impasse after each of the first two. With the aid of an
able mediator, the parties engaged in extensive negotiations to ultimately reach a Settlement
after the third mediation that both sides believe is fair and reasonable. The negotiations were
arm’s length and non-collusive. In fact, the Settlement Agreement was ultimately reached
several days after the third mediation through the use of a “mediator’s proposal” after the day-
long mediation had concluded without the parties reaching an agreement. The good-faith,
arm’s-length nature of the negotiations that resulted in the Settlement Agreement weigh in
favor of its preliminary approval.
B. The Settlement Agreement is fair.
Second, there are no deficiencies in the proposed Settlement that would render it unfair.
All class members are treated equitably by the Settlement Agreement. The Settlement
Agreement provides that each Class member will receive a payment in a pro rata amount based
on the number of passes that class member purchased during the class period. Ex. 1 ¶ 2.3.
Class members have three options regarding the form of the relief they will receive, including
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whether to keep their passes at the current monthly rates or to have them terminated. Id.
¶3.2(e). Any Class member who chooses not to return the Option Form will nonetheless still
receive payment in the amount that Class member is entitled to. Id. Members of the EFTA
Class will receive an additional payment in a pro rata amount from a fund of $500,000, id. ¶
2.2, the maximum class recovery available in an EFTA class action. 15 U.S.C. §
1693m(a)(2)(B). Compensation to the class representatives and Class Counsel will be in an
amount to be approved by the Court. Ex. 1 ¶¶ 2.6, 2.7. The fairness of the Settlement
Agreement also weighs in favor of preliminary approval.
C. The Settlement is within the range of reason.
Third, the Settlement is within the range of reasonableness. At the final approval stage,
districts court are instructed review a class action settlement for fairness, reasonableness, and
adequacy in light of the following factors: “(1) the likelihood of success at trial; (2) the range
of possible recovery; (3) the range of possible recovery at which a settlement is fair, adequate,
and reasonable; (4) the anticipated complexity, expense, and duration of litigation; (5) the
opposition to the settlement; and (6) the stage of proceedings at which the settlement was
achieved.” Faught v. American Home Shield Corp., 668 F.3d 1233, 1240 (11th Cir. 2011).
District courts must “also consider whether there has been any fraud or collusion behind the
settlement.” Roundtree v. Bush Ross, P.A., 2015 WL 5559461, at *2 (M.D. Fla. Sept. 18, 2015).
The proposed Settlement meets this standard.
Class Counsel believe the likelihood of success at trial is high, and the amount of
Common Fund reflects that. Nonetheless, SeaWorld opposed summary judgment and has
raised several defenses related to damages. Additionally, the proposed Settlement was reached
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after the parties zealously and diligently litigated the complex legal issues raised in their cross
motions for summary judgment and Plaintiff’s motion for class certification. SeaWorld also
made clear its intention to appeal any judgment in favor of the Class, as well as numerous
issues pertaining to class certification.
Moreover, the Common Fund is well within the range of possible recovery here, and is
in the range that is fair, reasonable, and adequate. According to SeaWorld’s discovery
responses, the maximum damages available on the breach of contract claim – that is, the total
amount paid by all Class members beyond the initial twelve payments – was approximately
$17.3 million as of February 2018. As noted above, the total maximum amount of EFTA
damages is $500,000. Accordingly, the Common Fund represents approximately two-thirds
of the maximum potential recovery to the Class, assuming all damages issues are decided in
its favor before and at trial and the verdict is upheld on appeal. Further, the EFTA Subclass
members will be paid the maximum potential statutory damages permitted by law. Under the
Settlement, however, Class members will not be required to wait for this lengthy process, but
will receive notice in the near future, have the opportunity to decide whether they wish to
terminate their passes or keep them active, and will receive monetary relief almost
immediately. The settlement also requires SeaWorld to pay the costs of notice and claims
administration, costs that would otherwise be borne by the Class following a trial. Further,
settling this matter allowed the parties to be more flexible with the form of the relief Class
members will receive than would have been possible following a trial. As a result of the
settlement, all Class members will be entitled to receive cash payments or the equivalent credit
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toward a pass if they choose to, and those whose passes are still in effect will be able to decide
for themselves whether they wish to keep them in effect or terminate them.
Litigating this case to conclusion likely would have been complex, costly, and very
time consuming. Indeed, SeaWorld had signaled that it intended to vigorously contest on
appeal any judgment in favor of the class, as well as numerous issues pertaining to class
certification.
The Court is not in a position at this point to evaluate any opposition to the Settlement.
The proposed Notice will provide Class members detailed instructions regarding how to bring
to the attention of the Court any concerns they may have regarding the Settlement Agreement.
The Court will have an opportunity to evaluate those arguments at the Final Approval stage.
Finally, the stage of the proceedings also weighs in favor of settlement here. The
parties have vigorously litigated this matter for over three and a half years. They have
conducted extensive discovery; litigated issues regarding discovery, proposed expert
witnesses, and the arbitration clause SeaWorld contended applied to some class members;
obtained class certification; filed cross motions for summary judgment; and litigated an
interlocutory appeal. The mediation through which the case was ultimately resolved was the
third mediation in this case. In short, each party was well-informed regarding the strengths
and weaknesses of its case and able to meaningfully evaluate the potentials risks and benefits
of settling versus taking the case to trial.
Every one of the factors used to evaluate proposed class action settlements that can be
evaluated at this stage of the proceedings weighs in favor of approving the Settlement
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Agreement. For these reasons, the Court should preliminarily approve the proposed Settlement
Agreement.
III. The proposed Notice and notice plan comply with Rule 23.
The proposed Notice and notice plan should also be approved. Notice of class
certification for a class certified under Rule 23(b)(3), must state in “plain, easily understood
language” the nature of the action, the definition of the certified classes, the class claims,
issues, and defenses, that a class member may enter an appearance through an attorney, that
the court will exclude from the class any member who makes such a request, the time and
manner for requesting exclusion, and the binding effect of a class judgment. Fed. R. Civ. P.
23(c)(2)(B). A notice of settlement should include “‘information reasonably necessary to make
a decision [whether] to remain a class member and be bound by the final judgment or opt out
of the action.’” Faught, 668 F.3d at 1239 (quoting In re Nissan Motor Corp. Antitrust
Litigation, 552 F.2d 1088, 1104–05 (5th Cir. 1977)). Such reasonable information includes the
terms of the settlement, the allocation of attorneys’ fees, and the date, time, and place of the
final approval hearing. Pierre-Val v. Buccaneers Ltd. Partnership, 2015 WL 3776918, at *4
(M.D. Fla. June 17, 2015).
The parties’ proposed Notice complies with all of the requirements of Rules
23(c)(2)(B) and 23(e). The Notice clearly informs potential class members of the nature of the
class action, the class claims and issues, their right to be excluded from the class, the time and
manner to request such an exclusion, and the binding effect of a final judgment. Ex. 1 at Ex.
C. The Notice includes the terms of the settlement, the proposed allocation of attorneys’ fees,
and the time and place of the final approval hearing. Id.
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Finally, the plan the parties have agreed to for providing notice to the Class also
satisfies Rule 23. Before final approval of a class settlement, “Rule 23(e) requires that the
district court ‘direct notice in a reasonable manner to all class members who would be bound
by a proposal.’” United States v. Alabama, 271 F. App’x 896, 900 (11th Cir. 2008) (quoting
Fed. R. Civ. P. 23(e)(1)). Here, the Settlement Agreement provides that the Notice will be
mailed via United States First-Class mail to each potential class member, within fifty (50) days
of the date of this Court’s order of preliminary approval. Ex. 1 ¶ 3.2(d). Individual notice by
direct mail is generally recognized at the best notice practicable. Eisen v. Carlisle & Jacquelin,
417 U.S. 156, 175 (1974); Peters v. Nat’l R.R. Passenger Corp., 966 F.2d 1483, 1486 (D.C.
Cir. 1992). The Settlement Agreement also provides for re-mailing and/or skip tracing if a
Notice is returned as undeliverable. Ex. 1. ¶ 3.2(d). The Settlement Agreement further
provides that a Settlement Website will be established that will contain the Notice, the
Complaint, and the Preliminary Approval Order, as well as the motion for attorney’s fees and
costs once it is filed. Ex. 1. ¶ 3.2(c).
The Notice and notice plan are calculated to take all reasonable steps to ensure that
Class members receive notice of the Settlement and their rights under the Settlement. The
proposed Notice and method of delivery therefore comply with Rule 23’s requirements and
should be approved by the Court.
IV. Request for Final Approval hearing
Consistent with the Settlement Agreement, the parties request that the Court set a Final
Approval hearing as soon as possible after the date at least one hundred and twenty-five (125)
days after the date a preliminary approval order is entered. Ex. 1 ¶ 3.1(d). This will allow
18
sufficient time for the Settlement Administrator to provide the Notice to the Class, and for the
Class members who wish to opt out or object to do so, but will not delay relief to the Class any
more than necessary.
CONCLUSION
For these reasons, Plaintiff respectfully moves the Court enter an Order preliminarily
approving the proposed Settlement, approving the proposed Notice, and setting a Final
Approval hearing.
Respectfully submitted,
/s/ Katherine Earle Yanes

Katherine Earle Yanes (FBN 0159727)
kyanes@kmf-law.com
KYNES, MARKMAN & FELMAN, P.A.
Post Office Box 3396
Tampa, Florida 33601-3396
Telephone:(813) 229-1118
Facsimile: (813) 221-6750
Paul R. Fowkes, Esq.

Fla. Bar No. 723886
paul@fhlawpa.com
Ryan C. Hasanbasic, Esq.
Fla. Bar No. 044119
ryan@fhlawpa.com
F&H LAW GROUP, P.A.
1807 Short Branch Drive, Suite 101
Trinity, Florida 34655
Telephone: (813) 221-0500
Facsimile (727) 943-3203
Class Counsel
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on June 29, 2018, I electronically filed the foregoing with
the Clerk of the Court using the CM/ECF system, which will send a notice of electronic filing
to:
Colin C. Deihl
CDeihl@polsinelli.com
Christopher T. Hill
chill@hrkmlaw.com
/s/ Katherine Earle Yanes

Katherine Earle Yanes
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Case 8:14-cv-03028-MSS-JSS Document 182-1 Filed 06/29/18 Page 1 of 58 PageID 3165
SETTLEMENT AGREEMENT AND RELEASE
This Class Action Settlement Agreement and Release (the “Settlement Agreement” or
“Agreement” or “Settlement”) is made and entered into by and between SeaWorld Parks &
Entertainment, Inc. (“SeaWorld” or “Defendant”), on the one hand, and Jason Herman, Joey
Kratt, and Christina Lancaster (“Named Plaintiffs”) on behalf of themselves individually, and on
behalf of the class described below (hereinafter collectively the “Settlement Class”), on the
other. This Settlement Agreement sets forth all of the rights, duties, and obligations of Named
Plaintiffs on behalf of themselves and the Settlement Class and SeaWorld (hereinafter
collectively the “Parties”), including the Recitals below, and all provisions of this Settlement
Agreement.
This Settlement Agreement is made as of _____________, 2018, and shall become

effective on the Final Settlement Date, as set forth below. This Settlement Agreement is for
settlement purposes only and is conditioned upon the full and final settlement of all claims
against SeaWorld as more fully set forth below.
RECITALS
This Settlement Agreement is made for the following purpose and with reference to the
following:
A. On December 3, 2014, Named Plaintiff Jason Herman filed a complaint against

Defendant entitled Herman v. SeaWorld Parks and Entertainment, Inc., Case No. 8:14-cv-
03028-MSS-EAJ in the United States District Court for the Middle District of Florida Tampa
Division (the “Action”). On October 15, 2015, Named Plaintiffs filed a second amended class
complaint. Named Plaintiffs brought the Action individually and on behalf of a putative class of
SeaWorld customers in the states of Florida, Texas, Virginia, and California. The second
amended complaint is attached hereto as Exhibit A. Named Plaintiffs allege that SeaWorld
breached its EZpay contract and violated the Electronic Funds Transfer Act, 15 U.S.C. § 1693 et.
seq. (“EFTA”) in connection with the automatic renewal of certain annual Passes (as defined
below) to Defendant’s parks through SeaWorld’s EZpay program.
B. SeaWorld disputes the claims made in the Action both as to facts and law, denies
that it violated the EFTA or breached any contract, and denies any liability to Named Plaintiffs
or any member of the proposed Settlement Class, as defined further in this Settlement
Agreement. By entering into this Settlement Agreement, SeaWorld does not admit any liability
or wrongdoing of any kind or that any class can or should be certified, except for settlement
purposes.
C. The Parties participated in mediation with Gary V. McGowan on April 18, 2018.
Following the mediation, on April 20, 2018, the parties agreed to a mediator’s proposal setting
forth the principal terms of a resolution of the Action and thereafter formalized their settlement
in this Agreement.
D. Settlement Class Counsel (as defined below) and Named Plaintiffs believe that
the Action has merit and have examined and considered the benefits to be obtained under this
Settlement Agreement, the risks associated with the continued prosecution of the complex and
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potentially time-consuming litigation, and the likelihood of maintaining class certification and
success on the merits. Settlement Class Counsel has fully investigated the facts and law relevant
to the Action, and have conducted extensive discovery. Settlement Class Counsel and Named
Plaintiffs have concluded that the settlement set forth in this Settlement Agreement is fair,
adequate, reasonable, and in the best interests of the Settlement Class Members.
E. The Parties enter into this Settlement Agreement to avoid the further expense in
time and resources of protracted litigation and to avoid the risks inherent in litigation. The Parties
desire to settle the Action in its entirety with respect to all claims alleged in the second amended
class complaint, or that could have been alleged in the second amended class complaint, and/or
arising from or related to Settlement Class Members’ purchases of Passes through SeaWorld’s
EZpay program during the Settlement Class Period (as defined below). The Parties intend for
this Settlement Agreement to bind the Parties and all Settlement Class Members who do not opt
out of the Settlement Class (as defined below).
NOW, THEREFORE, in light of the foregoing, in consideration of the terms and

conditions set forth herein, which the Parties acknowledge are good and valuable consideration
for this Settlement Agreement, the Parties hereby agree and stipulate, by and through their
respective counsel, subject to approval by the Court, as follows:
AGREEMENT
1. DEFINITIONS.
The following section defines terms not previously defined above. Some definitions use
terms that are defined later in this section.
1.1 The term “Applicable Statute of Limitations Period” shall mean one year
Passes that were purchased during the following time periods: December 3, 2008
to December 3, 2014 for Virginia customers; December 3, 2009 to December 3,
2014 for California customers; December 3, 2008 to December 3, 2014 for
Florida customers; and December 3, 2009 to December 3, 2014 for Texas
customers.
1.2 The term “Court” means the United States District Court for the Middle District
of Florida Tampa Division.
1.3 The “EFTA Settlement Amount” means $500,000 to be distributed pro rata to
the EFTA subclass members.
1.4 The term “EFTA Subclass” means all members of the Settlement Class who used
a debit card to fund their EZpay contract and were charged any additional
monthly payments for renewal of a pass after December 13, 2013.
1.5 The term “Fairness Hearing” means the hearing at which the Court decides
whether to approve this Settlement Agreement as a fair, reasonable, and adequate
settlement.
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1.6 The term “Final Order and Approval” or “Final Approval Order” means an
order approving the settlement of this Action as set forth in this Settlement
Agreement. As described in more detail below, Named Plaintiffs, through
Settlement Class Counsel, shall submit a motion for final approval of the
Settlement Agreement at the Fairness Hearing and shall include a proposed Final
Order and Approval that is materially identical to the form attached as Exhibit D.
1.7 The term “Final Settlement Date” shall mean the earliest of the following: (1)
thirty-five (35) days after the entry of the Final Order and Approval if objections
are filed and overruled, notice of entry of the order has been served, and no appeal
is taken from the Final Order and Approval; or (2) if a timely appeal or motion for
reconsideration is filed, thirty-five (35) days after the date of the final resolution
of that appeal or motion and any subsequent appeals or petitions for review or
certiorari from the Final Order and Approval, provided such appeals or reviews
affirm the Final Order and Approval.
1.8 The term “Internet Posting” or “Settlement Website” means a website set up by
the Settlement Administrator for the purpose of providing the Settlement Class
with notice of the proposed settlement.
1.9 The term “Notice” means the legal notice of the proposed settlement terms, as
approved by Settlement Class Counsel, Defendant’s Counsel, and the Court, to be
posted to the Settlement Website pursuant to Section 3.2(b) and mailed to the
Settlement Class Members pursuant to Section 3.2(c). The Notice submitted to the
Court for preliminary approval must be materially identical to the form attached
as Exhibit C.
1.10 The “Net Settlement Amount” is the gross Settlement Amount of $11,500,000
less the EFTA Settlement Amount less any Court-approved service award to
Named Plaintiffs and any Court-approved Settlement Class Counsel’s fees and
costs as provided by this Agreement.
1.11 The term “Option Form” means the form that will be mailed to each Settlement
Class Member providing options for participating in the Settlement as described
in Section 3.2(e). The Option Form must be materially identical to the Form
attached as Exhibit E.
1.12 The term “Option Date” means the date the Option Form is sent to Settlement
Class Members as described in Section 3.2(e).
1.13 The term “Option Deadline” means the date by which a Settlement Class
Member must return the Option Form if the Settlement Class member wishes to
make a selection from the options set forth in the Option Form, as described in
Section 3.2(e) and (f).
1.14 The term “Pass” means a one-year pass to a SeaWorld park purchased by an
individual who is a member of the Settlement Class.
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1.15 The term “Preliminary Approval Order” means a proposed order preliminarily
approving the settlement of this Action. This order proposed to the Court must be
materially identical to the form attached as Exhibit B.
1.16 The terms “SeaWorld’s Counsel” and “Defendant’s Counsel” mean the law firm
of Polsinelli.
1.17 The term “Settlement Administrator” means Dahl Administration LLC and any
successors to that entity that SeaWorld may subsequently designate, with notice to
and consent from Named Plaintiffs, through Settlement Class Counsel (whose
consent will not be unreasonably delayed or withheld), to administer the claims
process provided for in the Settlement Agreement. By accepting the role of
Settlement Administrator, the Settlement Administrator agrees to be bound by the
terms of this Settlement Agreement.
1.18 The term “Settlement Class” shall mean all natural persons who purchased a one-
year pass through SeaWorld’s “EZ Pay” program to one of SeaWorld’s theme
parks located in the states of Florida, Texas, Virginia, or California; who were
residents of the state where the park is located at the time of purchase; who
purchased the pass within the Applicable Statute of Limitations Period for the
respective states (as defined herein); who paid for their one-year pass in less than
12 months; and who were charged any additional monthly payments for renewal
of the pass after the one-year pass was paid in full. Excluded from the Settlement
Class are (a) all persons who received full refunds from SeaWorld after being
charged any monthly payments for renewal of the pass after the one year pass was
paid in full; (b) all persons who used their pass after the initial one-year term; (c)
managers, directors, and employees of SeaWorld and members of their immediate
families; (d) all agents of SeaWorld; (e) legal counsel for Plaintiffs or SeaWorld
and members of their immediate families; (f) all judges assigned to hear any
aspect of this litigation as well as their immediate family members; and (g) any
class members in the matter of Gargir v. SeaWorld Parks & Entertainment, Inc.,
No 37-2015-00008175-CU-MC-CTL, in the California Superior Court, San Diego
County (the Gargir Action) who have released and discharged SeaWorld of any
claims they may have in this case as a result of a class action settlement approved
in the Gargir Action.
1.19 The term “Settlement Class Counsel” means the law firms of F & H Law Group,
P.A. and Kynes, Markman & Felman, P.A.
1.20 “Settlement Class Member” refers to each individual in the Settlement Class.
1.21 The term “Settlement Class Period” means the time period from the beginning
of the Applicable Statute of Limitations period to the date of the Final Approval
Order.
1.22 The term “Settlement Class Representatives” or “Representative Plaintiffs”

shall mean Named Plaintiffs.
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2. SETTLEMENT PAYMENTS AND PROCEDURES.
2.1 Settlement Amount. In consideration of the releases described below, SeaWorld

agrees to fund a class action settlement in the total amount of $11,500,000 (the
“Settlement Amount”) by paying the Settlement Amount into an Escrow Account
(the “Common Fund”). The Settlement Amount described in this Section 2.1 shall
be the maximum possible amount of any payment obligation by SeaWorld, and
SeaWorld shall have no further obligation to make any other payments or provide
any other benefits whatsoever except as specifically provided herein. Except as
provided in this Settlement Agreement, all payments to be made to members of
the Settlement Class, including payments to members of the EFTA Subclass,
service award for the Settlement Class Representatives, and attorney’s fees and
costs to Settlement Class Counsel shall be paid out of the Settlement Amount.
2.2 Relief Provided to the EFTA Subclass. The EFTA Settlement Amount will be
divided among the EFTA Subclass Members pro rata. Pursuant to the procedures
set forth in this Section 2.2 and Section 3, below, the Settlement Administrator
will make a payment to each EFTA Subclass Member who does not opt out
pursuant to Section 3.5. EFTA Subclass Members do not need to submit a claim to
receive their pro rata share of the EFTA Settlement Amount.
2.3 Relief Provided to the Settlement Class. The Net Settlement Amount (the
$11,500,000 Settlement Amount less the EFTA Settlement Amount less any award
of attorneys’ fees and costs and a service award to the Settlement Cass
Representatives) will be divided among Settlement Class Members pro rata based
on the number of Passes each class member purchased (“Per Pass Payment”).
SeaWorld will determine the number of passes each class member purchased
during the Applicable Statute of Limitations Period if reasonably possible. If not
reasonably possible, it will be assumed that each class member purchased 1.75
passes. Pursuant to the procedures set forth in this Section 2.3 and Section 3,
below, the Settlement Administrator will make a payment to each Settlement
Class Member who does not opt out pursuant to Section 3.5. Settlement Class
Members do not need to submit a claim to receive their pro rata share of the Net
Settlement Amount.
(a) Manner of Transmission of the Payment. The Settlement Administrator

shall mail a check to the most recent mailing address for the Settlement
Class Member that is contained in SeaWorld’s records.
(b) Timing of Transmission of the Payment. The Settlement Administrator

shall mail a check to the Settlement Class Members at its earliest possible
convenience, and in no event later than forty (40) calendar days after the
Final Settlement Date.
(c) Time to Cash Checks. Settlement Class Members shall have ninety (90)
calendar days from when the payments are first mailed to the Settlement
Class Members within which to cash the payment check.
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(d) Returned or Undelivered Checks. In the event that the mailed check is
returned or otherwise not delivered, the Settlement Administrator shall
send one notice and request to cure by e-mail to the e-mail address
contained in SeaWorld’s records. The notices and requests for cures must
be sent at the earliest possible convenience, and in no event later than
seven (7) days after the Settlement Administrator’s receipt of a returned or
otherwise undelivered check. The Settlement Class Member shall then
have fourteen (14) calendar days from the date the notice referenced in
this Section 2.4(d) is provided, to contact the Settlement Administrator
with updated address information.
(e) If after proper notice, the Settlement Administrator is not able to pay a
Settlement Class Member his or her Settlement Amount, the amount of
that payment shall be retained in the Common Fund. Any funds remaining
in the Common Fund 150 days after the payments are first mailed will be
returned by the Class Administrator to SeaWorld.
2.4 Settlement Implementation Costs. SeaWorld shall bear the cost of notice and
administration of this Settlement Agreement, including the cost of creating,
printing, and mailing notice to Settlement Class Members. The Parties agree to
work together in good faith to keep the costs of administering this Settlement
Agreement to a minimum.
2.5 Settlement Amount to be Transmitted to Settlement Administrator.
Within ten (10) calendar days after the Final Settlement Date, SeaWorld shall send the
Settlement Amount, $11,500,000, to the Settlement Administrator for distribution pursuant to the
terms of this Agreement and the Final Order and Approval.
2.6 Service Award to Settlement Class Representatives. The Settlement Class

Representatives will each seek a service award not to exceed $10,000 each for
their efforts initiating the case and their role furthering the litigation and
participating in its ultimate resolution. Defendant will not oppose a request that
the Settlement Class Representatives each receive from the Settlement Amount a
service award of $10,000 each for their efforts in prosecuting this Action to date
and through entry of the Final Approval Order. Other than the value of their
individual claims as a Member of the Settlement Class, the service award
ultimately ordered by the Court shall be the only additional payment to the
Settlement Class Representatives under this Settlement Agreement or in
connection with the Action, and Defendant shall not be liable for any additional
payment to the Settlement Class Representatives. A reduction by the Court or by
an appellate court of the service award, if any, will not be considered a material
modification of this Settlement Agreement, and shall not affect any of the Parties’
rights and obligations under this Agreement, and shall only serve to reduce the
amount of the service award payable to the Settlement Class Representatives and
increase the Net Settlement Amount payable to Settlement Class Members. Any
service award approved by the Court shall be transmitted by SeaWorld to the
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Settlement Administrator. The Settlement Administrator will issue payment to

Settlement Class Counsel on behalf of the Settlement Class Representatives
within thirty (30) calendar days after the Final Settlement Date.
Any service award paid to the Settlement Class Representatives shall be reported on an IRS
Form 1099 and provided to the Settlement Class Representatives.
2.7 Payments to Settlement Class Counsel. Defendant will not oppose a motion by
Settlement Class Counsel for attorneys’ fees and costs of up to twenty-five (25)
percent of the $11,500,000 Settlement Amount, plus litigation costs of up to
$36,048.77 to be paid from the Settlement Amount. Settlement Class Counsel’s
motion for attorneys’ fees and costs shall be filed no later than twenty-one (21)
days before the deadline for objections to and exclusions from the Settlement.
Defendant shall not be liable for any additional payment to Settlement Class
Counsel. A reduction by the Court or by an appellate court of the fees and costs
awarded to Settlement Class Counsel will not be considered a material
modification of this Agreement and shall not affect any of the Parties’ rights and
obligations under this Settlement Agreement, and shall only serve to reduce the
amount of the fees and costs payable to Settlement Class Counsel, if any, and
increase the Net Settlement Amount payable to Settlement Class Members. Any
attorneys’ fees and costs approved by the Court shall be paid by the Settlement
Administrator to Settlement Class Counsel within thirty (30) calendar days after
the Final Settlement Date.
3. CLASS SETTLEMENT PROCEDURES.
3.1 Preliminary Approval and Provisional Class Certification. As soon as

practicable after this Agreement is signed, the Parties shall jointly move for an
order provisionally certifying the Settlement Class and preliminarily approving
the settlement embodied by this Settlement Agreement. The motion shall request
that the Court:
(a) preliminarily approve this Settlement Agreement as being the product of

serious, informed, arm’s-length non-collusive negotiations, having no
obvious deficiencies, not improperly granting preferential treatment to the
proposed Settlement Class Representatives or segments of the Settlement
Class, and falling within the range of possible approval;
(b) preliminarily approve the form, method of providing notice, and content of
the Notice described in Section 3.2 and attached as Exhibit C.
(c) continue to stay all further proceedings in the Action until the Court
renders a final decision on approval of the Settlement Agreement;
(d) set the date and time of the Fairness Hearing between one hundred and
twenty-five (125) and one hundred forty (140) calendar days after entry of
the Preliminary Approval Order, subject to the Court’s availability.
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The proposed Preliminary Approval and Provisional Class Certification Order must be materially
identical to the form attached as Exhibit B. Settlement Class Counsel shall have the obligation to
prepare initial drafts of the motion for preliminary approval and supporting documents and to
provide such drafts to SeaWorld’s Counsel at least four (4) business days before filing.
3.2 Notice. Subject to the Court entering a Preliminary Approval Order that is
materially identical to the form attached as Exhibit B, the Parties agree that the
Settlement Administrator will provide the Settlement Class with notice of the
proposed Settlement as follows.
(a) Settlement Class Data. No later than thirty (30) calendar days after entry
of the Preliminary Approval Order, SeaWorld shall provide the last known
mailing address it has in its system for Settlement Class Members to the
Settlement Administrator. The Settlement Administrator shall ensure that
the information it receives from the Parties and the Settlement Class
Members is secured and managed in such a way as to protect the security
and confidentiality of the information.
(b) Notice to Federal and State Officials. Within the time period provided
under 28 U.S.C. § 1715, SeaWorld shall cause the required notifications of
the Settlement to made to the governmental entities and officials identified
in the statute.
(c) Internet Posting. Starting no later than thirty (30) calendar days after
entry of the Preliminary Approval Order, the Settlement Administrator will
operate a website solely for the purposes of providing the Settlement Class
notice of the Settlement Agreement. The Settlement Website will contain
the Notice, the Complaint, and the Preliminary Approval Order. Within
five (5) calendar days after Settlement Class Counsel files the motion for
attorneys’ fees and costs, the Settlement Website will also post the fees
and costs motion. The Notice will be materially identical to the form
attached as Exhibit C.
(d) Notice. Upon the Settlement Website being activated, and no later than
fifty (50) calendar days after entry of the Preliminary Approval Order, the
Settlement Administrator shall send the Notice to Settlement Class
Members at the most recent address for the Settlement Class Members that
is contained in SeaWorld’s records. If the Notice is returned with a
forwarding address, the Settlement Administrator will immediately re-mail
the Notice within seven (7) calendar days. If the Notice is returned without
a forwarding address, the Settlement Administrator will immediately
conduct a standard skip trace in an effort to ascertain the current address
for the particular Settlement Class Member, and resend the Notice within
seven (7) days of its return.
(e) Option Form. Upon the Settlement Website being activated and no later
than fifty (50) calendar days after entry of the Preliminary Approval
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Order, the Settlement Administrator shall send the Option Form to

Settlement Class Members at the most recent address for the Settlement
Class Members that is contained in SeaWorld’s records. The Option Form
will provide each class member with a choice of one of the following three
options: (1) receive a check for their share of the settlement and cancel
any active passes; (2) receive a credit worth at least their share of the
settlement and any passes that are active as of the Option Deadline will
remain active and subject to monthly renewal until the class member
contacts SeaWorld to cancel the pass; or (3) receive a check for their
share of the settlement and any passes that are active as of the Option
Deadline will remain active and subject to monthly renewal until the class
member contacts SeaWorld to cancel the pass. At SeaWorld’s sole
discretion, SeaWorld can add an additional in-kind or monetary benefit for
those class members who choose option 2 above. If a Settlement Class
Member does not return the Option Form by the Option Deadline, that
class member will receive a check for their share of the settlement and any
passes that are active as of the Option Deadline will remain active and
subject to monthly renewal until the class member contacts SeaWorld to
cancel the pass
(f) Option Deadline. The Option Deadline will be the date ninety-five (95)
calendar days after the date the Preliminary Approval Order is entered.
3.3 Proof of Notice. No later than seven (7) calendar days before the filing deadline
for the motion in support of the Final Order and Approval, the Settlement
Administrator must serve a declaration(s) on Settlement Class Counsel and
SeaWorld’s Counsel confirming that the Settlement Administrator provided the
Settlement Class with notice of the proposed settlement in accordance with
Section 3.2.
3.4 Objections. Any Settlement Class Member who has not opted out of the
Settlement Class pursuant to Section 3.5, below, and who wants to object to the
Settlement Agreement must mail a written objection to the Settlement
Administrator, no later than ninety-five (95) calendar days after the Preliminary
Approval Order, unless the Court orders otherwise. The delivery date is deemed to
be the date the objection is deposited in the U.S. Mail as evidenced by the
postmark. Written objections must include: (a) the name and case number of the
Action, “Herman v. SeaWorld, Inc., United States District Court for the Middle
District of Florida Tampa Division, Case No. 8:14-cv-03028-MSS-EAJ”; (b) the
full name, address, e-mail address, and telephone number of the person objecting;
(c) the words “Notice of Objection” or “Formal Objection”; and (d) in clear and
concise terms, the legal and factual arguments supporting the objection, including
an attestation, under the penalty of perjury, of facts demonstrating that the person
objecting is a Settlement Class Member. Any Settlement Class Member that mails
a written objection as described in this Section has the option to appear at the
Fairness Hearing, either in person or through counsel hired at the Settlement Class
Member’s expense, to object to the Settlement Agreement, as long as the
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64273462.1
Settlement Class Members or their attorneys intending to make an appearance at

the Fairness Hearing so indicated in their objection under a heading of “Notice of
Intent to Appear.” Only Settlement Class Members who timely mail objections
containing Notices of Intent to Appear may speak at the Fairness Hearing.
Settlement Class Members who fail to submit written objections as described in
this Section will be deemed to have waived any objections and will be foreclosed
from making any objections (whether by a subsequent objection, intervention,
appeal, or any other process) to the Settlement Agreement and the Settlement
Class Members asserting such an objection shall be bound by the final
determination of the Court. Within two (2) business days of receiving any
objection, the Settlement Administrator will provide copies of the objection to
Settlement Class Counsel and SeaWorld’s Counsel.
3.5 Opt-Out Requests. Settlement Class Members may elect to opt out of the
Settlement Class and not to be bound by this Settlement Agreement. To make this
election, Settlement Class Members must send a letter or postcard to the
Settlement Administrator stating (a) the name and case number of the Action,
“Herman v. SeaWorld, Inc., United States District Court for the Middle District of
Florida Tampa Division, Case No. 8:14-cv-03028-MSS-EAJ”; (b) the full name,
address, e-mail address, and telephone number of the person opting out; and (c) a
statement that he/she does not wish to participate in the Settlement, postmarked
no later than ninety-five (95) calendar days after the Preliminary Approval Order.
The delivery date is deemed to be the date the objection is deposited in the U.S.
Mail as evidenced by the postmark. Settlement Class Members who timely opt
out of the Settlement Class shall: (a) have no right to receive any benefits under
the Settlement Agreement; (b) not be bound by the terms of Settlement
Agreement; and (c) have no right to object to the terms of the Settlement
Agreement or be heard at the Fairness Hearing. Any Settlement Class Member
who attempts to both object to and opt out of this Settlement Agreement will be
deemed to have opted out and will forfeit the right to object to this Settlement
Agreement or any of its terms.
(a) Opt-Out List. The Settlement Administrator must serve on SeaWorld’s

Counsel and Settlement Class Counsel a list of Settlement Class Members
who have timely and validly opted out of the Settlement Class no later
than ten (10) calendar days before the filing deadline for the motion in
support of the Final Order and Approval.
3.6 Final Order and Approval. Before the Fairness Hearing, the Settlement Class
Representatives through Settlement Class Counsel shall apply for Court approval
of a proposed Final Order, materially identical to the form attached as Exhibit D.
The Parties’ counsel shall file with the Court a complete list of all Settlement
Class Members who have validly and timely opted out of the Settlement Class.
Settlement Class Counsel will draft the motion for final approval or application
papers and provide Defendant’s Counsel with drafts of the motion or application
and proposed order to review at least seven (7) calendar days before the filing
deadline. The motion for final approval shall be filed no later than seven (7) days
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64273462.1
before the Fairness Hearing. SeaWorld shall be permitted, but not required, to file
its own brief in support of the Final Order and Approval and, in any event, will
not oppose the motion for final approval of the settlement.
3.7 Action Status if Settlement Not Approved. This Settlement Agreement is being
entered into for settlement purposes only. If the Court conditions its approval of
either the Preliminary Approval Order or the Final Order and Approval on any
modifications of this Settlement Agreement that are not acceptable to all Parties,
or if the Court does not approve the Settlement Agreement or enter the Final
Order and Approval, or if the Final Settlement Date does not occur for any reason,
then this Settlement Agreement will be deemed null and void ab initio. In that
event, (a) the Preliminary Approval Order and/or Final Order and Approval and
all of its or their provisions will be vacated by its or their own terms, (b) the
Action will revert to the status that existed before the Settlement Agreement’s
execution date, and (c) no term or draft of this Settlement Agreement, or any part
of the Parties’ settlement discussions, negotiations or documentation will have
any effect or be admissible into evidence for any purpose in the Action or any
other proceeding. If the Court does not approve the Settlement Agreement or enter
the Final Order and Approval for any reason, or if the Final Settlement Date does
not occur for any reason, SeaWorld shall retain all its rights to object to the
maintenance of the Action as a class action, and nothing in this Settlement
Agreement or other papers or proceedings related to the Settlement Agreement
shall be used as evidence or argument by any Party concerning whether the Action
may properly be maintained as a class action.
4. APPROVAL AND RELEASES.
4.1 Approval and Enforcement. The Parties agree that should the Court grant final
approval of the Settlement Agreement, the order shall include a provision for the
retention of the Court’s jurisdiction over the Parties to enforce the terms of the
order.
4.2 Settlement Class Representatives and Settlement Class Members’ Release.

Upon final approval of this Settlement Agreement and entry of the Final Approval
Order, the Settlement Class Representatives and each Settlement Class Member,
and their respective heirs, assigns, successors, agents, attorneys, executors, and
representatives, shall be deemed to have, and by operation of the Final Approval
Order shall have, fully, finally, irrevocably, and forever released SeaWorld, and its
past or present directors, officers, managers, operators, employees, agents,
insurers, owners, shareholders, investors, members, attorneys, advisors,
consultants, representatives, partners, affiliates, related companies, parents,
subsidiaries, joint ventures, independent contractors, clients, divisions,
predecessors, successors, and assigns (collectively, the “Released Parties”), from
any and all liabilities, claims, causes of action, damages, costs, attorneys’ fees,
losses, or demands, whether known or unknown, existing or suspected or
unsuspected, that were or reasonably could have been asserted based on the
factual allegations contained in the Action, relating to or arising out of the
11
64273462.1
automatic renewal of Passes purchased using EZpay during the Settlement Class
Period (the “Released Claims”). The Released Claims include, but are not limited
to, cross claims, third-party claims or counterclaims made by Settlement Class
Representatives and/or Settlement Class Members in the Action or which could
have been brought by Settlement Class Representatives or Settlement Class
Members. Settlement Class Representatives and Settlement Class Members
specifically acknowledge that they may hereafter discover claims presently
unknown or unsuspected or facts in addition to or different from those they now
know or believe to be true with respect to the matters released. Settlement Class
Representatives and Settlement Class Members agree that it is their intent to fully,
finally, and forever settle and release all such matters that may exist, or might
have existed relating to the automatic renewal of their Passes and that they intend
to release fully and finally all claims, known and unknown, suspected and
unsuspected, that arose during the Settlement Class Period. Except for
proceedings to enforce the terms of this Settlement Agreement, upon entry of the
Final Approval Order, the Settlement Class Representatives and each Settlement
Class Member shall be deemed to have, and by operation of the Final Approval
Order shall have, agreed not to file, maintain, cause or knowingly permit the filing
or maintenance of any lawsuit, administrative action, or other proceeding, in any
state, federal or foreign court, or before any local, state, federal or foreign
administrative agency, or any other tribunal, that arises from or relates to any of
the Released Claims.
5. CONFIDENTIALITY.
5.1 Except as expressly contemplated by this agreement, the Parties agree that no
public statement shall be made concerning this Settlement Agreement prior to
Final Approval Order except as may be required by law for tax or accounting
purposes or to effectuate the Settlement Agreement. Nothing herein shall prevent
Settlement Class Counsel or Defense Counsel from making statements concerning
the settlement of this matter in Court filings. Upon final approval, the Parties may,
but are not required to, agree upon the form and content of a press release to issue
in connection with the Settlement Agreement. Otherwise, no Party shall issue or
cause to be issued any press release or other publication of any kind.
5.2 Notwithstanding any other provision of this Settlement Agreement, the terms,
conditions, settlement amounts and all other aspects of this Settlement Agreement
shall remain strictly confidential until such time as the Parties move for an order
provisionally approving the Settlement Agreement pursuant to Section 3.1. If, for
any reason, the Parties do not move for an order provisionally approving the
Settlement Agreement pursuant to Section 3.1, the terms, conditions, settlement
amounts and all other aspects of this Settlement Agreement shall remain strictly
confidential in perpetuity and will not be subject to disclosure to any person or
entity other than the signatories hereto and their counsel. Additionally, the fact
that the Parties conducted settlement negotiations and any proposed terms or
representations made during such negotiations by any Party shall be inadmissible
pursuant to Rule of Evidence 408. The Parties may share this Settlement
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64273462.1
Agreement if so required by law, and with their insurers, attorneys or accountants

who will agree to be bound by this confidentiality provision. Nothing in this
provision shall preclude Named Plaintiffs, Settlement Class Counsel, or
Defendant’s Counsel from communicating with the Court as may be necessary to
enforce the Settlement Agreement and/or permit approval of the Settlement
Agreement.
6. COLLATERAL ATTACK AND PRECLUSIVE EFFECT.
6.1 This Settlement Agreement shall not be subject to collateral attack by any
Settlement Class Member or any recipient of the Notice after the Final Approval
Order is entered. Such prohibited collateral attacks shall include, but are not
limited to, allegations that the procedures for claims administration were
incorrect, allegations that the Settlement Class Member failed for any reason to
receive timely notice of the Action, or allegations disputing the calculation of any
Settlement Class Member’s individual settlement amount.
6.2 Except as provided herein, neither this Settlement Agreement nor any of its terms
shall be offered or used as evidence by any of the Parties, Settlement Class
Members, or their respective counsel in the Action or in any other action or
proceeding; provided, however, that nothing contained in this section shall
prevent this Settlement Agreement from being used, offered, or received in
evidence in any proceedings to enforce, construe, or finalize the settlement and
this Settlement Agreement.
6.3 To the extent permitted by law, this Settlement Agreement may be pleaded as a
full and complete defense to, and may be used as the basis for an injunction
against, any action, suit or other proceeding which may be instituted, prosecuted,
or attempted to invalidate, nullify, or breach this Settlement Agreement, in whole
or in part. Any Released Party may file this Settlement Agreement and/or the
Final Approval Order in any action that may be brought against it in order to
support a defense or counterclaim based on principles of res judicata, collateral
estoppel, release, good faith settlement, judgment bar or reduction, or any other
theory of claim or issue preclusion or similar defense or counterclaim in any court
or administrative or other tribunal.
7. ADDITIONAL PROVISIONS.
7.1 No Admission of Liability.
(a) The Parties understand and acknowledge that this Settlement Agreement
constitutes an accord and satisfaction, and a compromise and settlement,
of disputed claims. No action taken by the Parties, either previously or in
connection with the negotiations or proceedings connected with this
Settlement Agreement, shall be deemed or construed to be an admission of
the truth or falsity of any claims or defenses heretofore made, an
acknowledgement or admission by any Party of any fault, liability, or
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64273462.1
wrongdoing of any kind whatsoever to any other Party, or an

acknowledgement or admission that the Action is appropriate for class
treatment for any purpose other than this Settlement Agreement. Neither
this Settlement Agreement, nor any act performed or document executed
pursuant to or in furtherance of this Settlement Agreement is, may be
deemed to be, or may be used as an admission or evidence of the validity
of any claim made by the Settlement Class Representatives, Settlement
Class Members, or Settlement Class Counsel.
(b) This Settlement Agreement reflects the Parties’ compromise and

settlement of the disputed claims alleged in the Complaint. Its provisions,
and all related drafts, communications and discussions, cannot be
construed as or deemed to be evidence of an admission or concession of
any point of fact or law regarding wrongdoing by SeaWorld, or matters
respecting class certification, by any person or entity, and cannot be
offered or received into evidence or requested in discovery in this Action
or any other action or proceeding as evidence of any such admission or
concession.
7.2 Cooperation to Obtain Court Approval. The Parties acknowledge that it is their
intent to consummate this Settlement Agreement and agree to cooperate to the
extent reasonably necessary to effectuate and implement all terms and conditions
of the Settlement Agreement and to exercise their best efforts to obtain
preliminary and final approval from the Court. This includes, without limitation,
cooperating in responding to objections, addressing any appeals or appellate
issues, and obtaining any further orders from the Court as may be necessary, all in
furtherance of the terms of this Settlement Agreement only, and without imposing
any further obligations on any Party inconsistent with or in addition to the
obligations expressly set forth in this Settlement Agreement. The Parties must
execute and deliver any additional papers, documents, and other assurances, and
must do any other acts reasonably necessary, to perform their obligations under
this Settlement Agreement and to carry out this Settlement Agreement’s expressed
intent.
7.3 Extensions of Time. Unless otherwise ordered by the Court, the Parties may
jointly agree in writing to reasonable extensions of time to carry out any
provisions of this Settlement Agreement.
7.4 Real Parties in Interest. In executing this Settlement Agreement, the Parties
warrant and represent that they, including Named Plaintiffs in hertheir
representative capacity on behalf of the Settlement Class, are the only persons
having any interest in the claims asserted in this Action. Neither these claims, nor
any part of these claims, have been assigned, granted, or transferred in any way to
any other person, firm, or entity.
7.5 Voluntary Agreement. The Parties executed this Settlement Agreement

voluntarily and without duress or undue influence.
14
64273462.1
7.6 Binding on Successors. This Settlement Agreement binds and benefits the
Parties’ respective successors, assigns, legatees, heirs, and personal
representatives.
7.7 Parties Represented by Counsel. The Parties acknowledge that: (a) they have
been represented by independent counsel of their own choosing during the
negotiation and preparation of this Settlement Agreement; (b) they have read this
Settlement Agreement and are fully aware of its contents; and (c) their respective
counsel fully explained to them the Settlement Agreement and its legal effect.
7.8 Authorization. Each Party warrants and represents that there are no liens or
claims of lien or assignments, in law or equity, against any of the claims or causes
of action released by this Settlement Agreement and, further, that each Party is
fully entitled and duly authorized to give this complete and final release and
discharge. Each person executing this Settlement Agreement in a representative
capacity represents and warrants that he or she is empowered to do so.
7.9 Integrated Agreement. This Settlement Agreement and its exhibits constitutes a
single, integrated written contract expressing the entire agreement of the Parties
relating to the subject matter hereof, and all prior or contemporaneous
agreements, understandings, representations and statements, whether oral or
written and whether by a Party or such Party’s legal counsel, are merged herein.
No covenants, agreements, representations, or warranties of any kind whatsoever
have been made by any party hereto, except as provided herein. This Settlement
Agreement may not be changed, altered or modified except in writing and signed
by all Parties.
7.10 Construction and Interpretation. Neither a Party nor any of the Parties’
respective attorneys will be deemed the drafter of this Settlement Agreement for
purposes of interpreting any provision in this Settlement Agreement in any
judicial or other proceeding that may arise between them. This Settlement
Agreement has been, and must be construed to have been, drafted by all the
Parties to it, so that any rule that construes ambiguities against the drafter will
have no force or effect.
7.11 Exhibits. The exhibits to this Agreement are integral parts of the Agreement and
Settlement and are incorporated into this Agreement as though fully set forth in
the Settlement Agreement. Any inconsistency between this Settlement Agreement
and the attached exhibits will be resolved in favor of this Settlement Agreement.
7.12 Privilege Retained. Nothing in this Settlement Agreement, the negotiations, and
the mediation relating thereto is intended to or shall be deemed to constitute a
waiver of any applicable privilege or immunity, including without limitation the
attorney-client privilege or work product immunity, by any Party.
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64273462.1
7.13 Governing Law. This Agreement is governed by Florida law and shall be
construed in accordance with, and be governed by, the law of the State of Florida,
without regard to the principles thereof regarding choice of law.
7.14 Grammar. The neuter form of a pronoun shall be considered to include within its
meaning the masculine and feminine forms of the pronoun, and vice versa.
7.15 Later Discovered Facts. The Parties acknowledge that they may later discover
facts different from or in addition to those they now know or believe to be true
regarding the matters released or described in this Settlement Agreement, and,
even so, they agree that the Settlement Agreement, including without limitation
the releases and waivers contained herein, shall remain effective in all respects
notwithstanding any later discovery of any different or additional facts. The
Parties assume any and all risk of any mistake in connection with the true facts
involved in the matters, disputes or controversies released or described in this
Settlement Agreement or with regard to any facts now unknown to the Parties
relating thereto.
7.16 Execution Date. This Settlement Agreement is deemed executed on the date the
Settlement Agreement is signed by all of the undersigned.
7.17 Counterparts. This Settlement Agreement may be executed in counterparts, each

of which constitutes an original, but all of which together constitute one and the
same instrument. Several signature pages may be collected and annexed to one or
more documents to form a complete counterpart. Photocopies and PDFs of
executed copies of this Settlement Agreement may be treated as originals.
7.18 Recitals. The Recitals are incorporated by this reference and are part of the
Settlement Agreement.
7.19 Severability. If any provision of this Settlement Agreement is declared by the

Court to be invalid, void, or unenforceable, the remaining provisions of this
Settlement Agreement will continue in full force and effect, unless the provision
declared to be invalid, void, or unenforceable is material, at which point the
Parties shall attempt to renegotiate the Settlement Agreement or, if that proves
unavailing, either Party can terminate the Settlement Agreement without prejudice
to any Party.
7.20 List of Exhibits: The following exhibits are attached to this Agreement:
Exhibit A – Second Amended Complaint
Exhibit B - [Proposed] Preliminary Approval Order
Exhibit C - Form Notice
Exhibit D - [Proposed] Final Order and Approval
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Exhibit E – Option Form
Exhibit F – Retail Installment Contract
17
64273462.1
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TAMPA DIVISION
JASON HERMAN,
JOEY KRATT, and
As individuals and on behalf of
all other similarly situated,
Case No. 8:14-cv-03028-MSS-EAJ
Plaintiff
SEAWORLD PARKS &

Defendant.
/
[PROPOSED] ORDER GRANTING

PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL
This cause comes before the Court on the unopposed motion of Plaintiffs Jason Herman,
Joey Kratt, and Christina Lancaster (“Named Plaintiffs”) for preliminary approval of class
settlement (Doc. ___) and the Settlement Agreement and Release (“Settlement Agreement”)
between Named Plaintiffs and SeaWorld Parks & Entertainment, Inc. (“SeaWorld”). Based on
the Court’s review of the Settlement Agreement, the Motion for Preliminary Approval, and the
court file, the Court hereby finds and orders as follows:
FINDINGS:
Unless otherwise specified, defined terms in this Preliminary Approval and Provisional
Class Certification Order have the same definition as the terms in the Settlement Agreement.
The Settlement Agreement has been negotiated by competent and independent counsel at
arm’s length and falls within the range of possible approval as fair, reasonable and adequate.
64273378.1
The proposed Notice and plan of notice constitutes the best notice practicable under the
circumstances and constitutes valid, due, and sufficient notice to all members of the Settlement
Class and they comply fully with the requirements of the Rules of Civil Procedure, applicable
sections of the United States Code, and the United States Constitutions and other applicable
laws.
The Settlement Class and EFTA Subclass as defined in the Settlement Agreement are
identical to the class and subclass previously certified by the Court.
ACCORDINGLY, IT IS ORDERED THAT:

1. Settlement Approval. The Settlement Agreement, including the Notice attached
to the Settlement Agreement as Exhibits B is preliminarily approved.
2. Provision of Class Notice. The Settlement Administrator will notify Settlement
Class Members of the Settlement Agreement in the manner specified under Section 3.2 of the
3. Objection to Settlement. Members of the Settlement Class may object to the
terms of the Settlement Agreement. Settlement Class Members who have not submitted a timely
written opt-out request pursuant to Paragraph 5 below and who want to object to the Settlement
Agreement must deliver written objections to Settlement Class Counsel and SeaWorld’s Counsel
no later than ninety-five (95) calendar days from when the Court enters this Order. The delivery
date is deemed to be the date the objection is deposited in the U.S. Mail as evidenced by the
postmark. Written objections must include: (a) the name and case number of the Action,
“Herman v. SeaWorld, Inc., United States District Court for the Middle District of Florida,
Tampa Division, Case No. 8:14-cv-03028-MSS-EAJ”; (b) the full name, address, email address,
and telephone number of the person objecting; (c) the words “Notice of Objection” or “Formal
Objection”; and (d) in clear and concise terms, the legal and factual arguments supporting the
objection, including an attestation, under the penalty of perjury, of facts demonstrating that the
2
64273378.1
person objecting is a Settlement Class Member. Any Settlement Class Member who mails a
written objection, as described in this Paragraph, has the option to appear at the Fairness
Hearing, either in person or through personal counsel hired at the Settlement Class Member’s
expense, to object to the Settlement Agreement. Settlement Class Members or their attorneys
intending to make an appearance at the Fairness Hearing must make an indication of such intent
in their objection under a heading of “Notice of Intent to Appear.” Only Settlement Class
Members who timely mail objections containing Notices of Intent to Appear may speak at the
Fairness Hearing.
4. Failure to Object to Settlement. Settlement Class Members who fail to object to
the Settlement Agreement in the manner specified in Paragraph 3, above, will: (a) be deemed to
have waived their right to object to the Settlement Agreement; (b) be foreclosed from objecting
(whether by a subsequent objection, intervention, appeal, or any other process) to the Settlement
Agreement; and (c) not be entitled to speak at the Fairness Hearing.
5. Opting Out. Settlement Class Members who want to opt out of the Settlement
must send a letter or postcard to the Settlement Administrator stating: (a) the name and case
number of the Action, ““Herman v. SeaWorld, Inc., United States District Court for the Middle
District of Florida, Tampa Division, Case No. 8:14-cv-03028-MSS-EAJ”; (b) the full name,
address, email address, and telephone number of the person opting out; and (c) a statement that
he/she does not wish to participate in the Settlement, postmarked no later than ninety-five (95)
calendar days from when the Court enters this Order.
6. Termination. If the Settlement Agreement terminates for any reason, the
following will occur: (a) this Action will revert to its previous status in all respects as it existed
immediately before the Parties executed the Settlement Agreement, and the Court will schedule a
status conference to address continuation of litigation. This Order will not waive or otherwise
impact the Parties’ rights or arguments.
3
64273378.1
7. No Admissions. Nothing in this Order is, or may be construed as, an admission
or concession on any point of fact or law by or against any Party.
8. Stay of Dates and Deadlines. All proceedings in this Action, including
discovery and pretrial proceedings and deadlines, will remain stayed and suspended until further
notice from the Court, except for such actions as are necessary to implement the Settlement
Agreement and this Order.
9. Fairness Hearing. On _______________, 201_, at __________, this Court will
hold a Fairness Hearing to determine whether the Settlement Agreement should be finally
approved as fair, reasonable, and adequate. All papers supporting Named Plaintiffs’ request for
attorneys’ fees and costs and for a service award for the Settlement Class Representatives must
be filed no later than twenty-one (21) calendar days before the deadline for Settlement Class
Members to object to or exclude themselves from the Settlement Agreement. All other papers
supporting final approval of the Settlement Agreement must be filed no later than seven (7)
calendar days before the Fairness Hearing. This Court may order the Fairness Hearing to be
postponed, adjourned, or continued. If that occurs, additional notice to Settlement Class
Members will not be required, but the Settlement Administrator will update the Settlement
Website with the new hearing date and time.
DONE AND ORDERED in Chambers at Tampa, Florida this __ day of _____, 2018.
Hon. Mary S. Scriven

United States District Judge
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64273378.1
&9)*#*5$
Herman v. SeaWorld, Inc., Case No. 8:14-cv-03028-MSS-EAJ
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA,

TAMPA DIVISION
NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT
If you purchased a one-year pass to a SeaWorld theme park

through SeaWorld’s “EZ Pay” program, you could get a
payment or credit from a class action settlement.
A Settlement has been preliminarily approved in a class action lawsuit pending in the Middle
District of Florida captioned Herman v. SeaWorld, Inc., Case No. 8:14-cv—03028-MSS-
EAJ(the “Action”). Pursuant to the Settlement, each Settlement Class Member1 has the
opportunity to receive a one-time payment or credit for each annual pass purchased through the
EZpay program during the applicable statute of limitations period that was automatically
renewed during the Settlement Class.
x This Settlement resolves a lawsuit over whether SeaWorld breached the “EZ Pay”
contracts with certain one-year “EZ Pay” passholders by automatically renewing the
passes.
x The Settlement will provide an $11,500,000 fund to settle the claims of customers from
California, Florida, Texas, and Virginia who are members of the class and the EFTA
subclass.
x A $500,000 fund (the “EFTA Settlement Amount”) will be set aside for all class
members who made an EZ Pay pass payment using a debit card after December 13, 2013
(“EFTA Subclass members”). This amount will be divided equally among all EFTA
subclass members (estimated to be about 38,000 people), which will result in an
additional payment of approximately $13 for EFTA Subclass members.
x Settlement Class Counsel will request that the Court award up to $2,875,000 for an award
of attorney’s fees, $36,048.77 in litigation costs and expenses, and service awards of up
to $10,000 for each of the three Representative Plaintiffs. The EFTA Settlement
Amount, the attorney’s fees and costs awarded by the Court, and the amount of service
awards to the Representative Plaintiffs awarded by the Court will be deducted from the
$11,500,000 Settlement Amount, and the remaining amount (the “Net Settlement
Amount”) will be divided pro rata among class members based on the number of passes
1
All capitalized terms used in this Notice are defined in the Settlement Agreement and Release
(“Settlement Agreement”), dated __________, 2018 available at www. .com. For
convenience, certain capitalized terms are also defined in this Notice. To the extent there is any
conflict between the definitions of capitalized terms in this Notice and the Settlement
Agreement, the definition in the Settlement Agreement controls.
64273395.1
each class member purchased during the relevant time period. It is estimated that each
class member who does not opt out will receive a payment of $______ multiplied by the
number of passes the class member purchased during the applicable time period.
x As detailed below, Class members can indicate on the attached Option Form if they want
to have the option of keeping their passes active or cancelling their passes. They also
have the option of receiving a check for the Per Pass Payment or receiving a credit.
Important: if you do not return the Option Form, your payment will automatically be
mailed to you and any passes that are active as of the date of this Notice will remain
active and will be automatically renewed on a month-to-month basis until you contact
SeaWorld to cancel them.
x Your rights are affected whether you act or not. Read this notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
OPT OUT If you opt out of the Settlement, you will not receive any Deadline:
payment under the Settlement. Opting out is the only
option that allows you to ever bring or maintain your own
lawsuit or claim against SeaWorld regarding the automatic
renewal of your SeaWorld Pass or Passes, or participate as
a class member in a different class action against SeaWorld
in a lawsuit regarding the automatic renewal of your
SeaWorld Pass or Passes, including lawsuits or claims
arising under federal law.
OBJECT You may write to the parties’ attorneys about why you Deadline:
object to the Settlement and think it should not be
approved. Submitting an objection does not opt you out
of the Settlement, so if you do not opt out and if the
Settlement receives final approval from the Court, you
will still receive a payment from SeaWorld, and you will
still release any claims that are or could be asserted by
you or on your behalf against SeaWorld regarding
automatic renewal of your SeaWorld pass or passes.
GO TO THE The Court will hold a “Fairness Hearing” to consider the Hearing Date:
“FAIRNESS Settlement, the request for attorneys’ fees and costs of the
HEARING” lawyers who brought the Action, and the request for a
service award for the Named Plaintiffs who brought the
Action.
You (either you personally or through a lawyer that you
hire) may, but are not required to, speak at the Fairness
Hearing about any Objection you submitted regarding the
Settlement. If you intend to speak at the Fairness
Hearing, you must indicate your intent to do so in your
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64273395.1
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
Objection.
RETURN You are receiving an Option Form that allows you to Deadline:
OPTION choose how you would like to participate in the
FORM Settlement. The Option Form allows you to choose
among the following options: (1) receive a check for the
Per Pass Payment multiplied by the number of eligible
passes and cancel your existing SeaWorld Passes; (2)
receive a credit worth at least the amount of the Per Pass
Payment multiplied by the number of passes purchased
and have your Pass(es) remain active and subject to
monthly automatic renewal charged to your payment card
until you contact SeaWorld to cancel the Pass(es); (3)
receive a check for the Per Pass Payment multiplied by
the number of passes purchased and Pass(es) will remain
active and subject to monthly renewal until you contact
SeaWorld to cancel the Pass(es).
DO NOTHING You will give up your right to object to the Settlement N/A
and you will be not be able to be part of any other lawsuit
about the legal claims in this case, including lawsuits
regarding the automatic renewal of your Pass or Passes.
Also, if you do nothing you will receive a check in the
amount of the Per Pass Payment multiplied by the number
of passes purchased and the Pass(es) that are in effect as
of the Notice Deadline will remain active and subject to
monthly renewal until the pass holder contacts SeaWorld
to cancel the Pass(es).
x These rights and options—and the deadlines to exercise them—are explained in more
detail below.
x The Court in charge of the Action has preliminarily approved the Settlement and must
decide whether to give final approval to the Settlement. The relief provided to Settlement
Class Members will be provided only if the Court gives final approval to the Settlement
and, if there are any appeals, after the appeals are resolved in favor of the Settlement.
Please be patient.
1. What is this lawsuit about?
SeaWorld is a theme park and entertainment company that owns and operates theme parks in
California, Florida, Texas and Virginia including SeaWorld, Discovery Cove, Aquatica, Busch
Gardens, Adventure Island, and Water County USA. SeaWorld sells one-year passes to its
theme parks through “EZpay,” a payment program that allows customers to make monthly
3
64273395.1
payments rather than a single, lump sum payment at the time of purchase. SeaWorld
automatically renews passes purchased using the EZpay program renew after the initial one-
year commitment period unless and until the customers terminate the passes.
On December 3, 2014, Plaintiff Jason Herman filed a complaint against SeaWorld in the United
States District Court for the Middle District of Florida, Tampa Division, individually and on
behalf of a putative class based on claims that SeaWorld breached the EZpay contract and
violated the Electronic Funds Transfer Act, 15 U.S.C. § 1693 et. seq. (“EFTA”) in connection
with the automatic renewal of certain annual Passes (as defined below) to Defendant’s parks
through SeaWorld’s EZpay program.
The issuance of this Notice is NOT an expression of the Court’s opinion on the merits or
the lack of merits of any of the Plaintiff’s claims in the Action. This Notice also is NOT
indicative that SeaWorld engaged in ANY wrongdoing and SeaWorld denies the
allegations in full.
For information about how to learn what has happened in the Action to date, please see Section
19 below.
2. Why is this a class action?
In a class action lawsuit, one or more people called a “Representative Plaintiff” (in this Action,
the Representative Plaintiffs are Jason Herman, Joey Kratt, and Christina Lancaster) sue on
behalf of other people who may potentially have similar claims. For purposes of this proposed
Settlement, one court will resolve the issues for all Settlement Class Members, except for those
people who properly opt out of the Settlement Class, as explained in Section 13 below. The
company that was sued in this case, SeaWorld, is called the “Defendant.”
3. Why is there a Settlement?
The Representative Plaintiffs have made claims against SeaWorld on behalf of themselves and
the Settlement Class, which is comprised of people who are similarly situated. SeaWorld
denies that it has done anything wrong or violated any statute and admits no liability.
Instead, both sides agreed to a Settlement. That way, they avoid the cost of a trial, and the Class
Members will receive relief now rather than years from now, if at all.
4. How do I know if I am part of the Settlement?
The Court has decided that everyone who fits this description is a Settlement Class Member for
purposes of the proposed Settlement: “All natural persons who purchased a one-year pass
through SeaWorld’s “EZ Pay” program to one of SeaWorld’s theme parks located in the states
of Florida, Texas, Virginia, or California; who were residents of the state where the park is
located at the time of purchase; who purchased the pass within the Applicable Statute of
Limitations Period for the respective states; who paid for their one-year pass in less than 12
months; and who were charged any additional monthly payments for renewal of the pass after
the one-year pass was paid in full. Excluded from the Settlement Class are (a) all persons who
received full refunds from SeaWorld after being charged any monthly payments for renewal of
the pass after the one year pass was paid in full; (b) all persons who used their pass after the
4
64273395.1
initial one-year term; (c) managers, directors, and employees of SeaWorld and members of
their immediate families; (d) all agents of SeaWorld; (e) legal counsel for Plaintiffs or
SeaWorld and members of their immediate families; (f) all judges assigned to hear any aspect
of this litigation as well as their immediate family members; and (g) any class members in the
matter of Gargir v. SeaWorld Parks & Entertainment, Inc., No 37-2015-00008175-CU-MC-
CTL, in the California Superior Court, San Diego County (the Gargir Action) who have
released and discharged SeaWorld of any claims they may have in this case as a result of a
class action settlement approved in the Gargir Action.”
5. I’m still not sure if I am included.
You have been identified in SeaWorld’s records as being a Settlement Class Member. If you are
still not sure whether you are included, you can call the Settlement Administrator at (888) xxx-
xxx for more information or review all the Settlement documents found on the Settlement
Website. The Settlement Administrator website is: settlement.com.
6. What relief does the Settlement provide to the Class Members?
Pursuant to the Settlement, SeaWorld will pay a Settlement Amount in the total amount of
$11,500,000. The Settlement Administrator will pay any service award to the Representative
Plaintiff and any fee and expense award to Settlement Class Counsel approved by the Court
from the Settlement Amount, and $500,000 to the EFTA Subclass. The remaining amount, the
Net Settlement Amount, will be divided among Settlement Class Members pro rata based on
the estimated number of passes each class member purchased during the Applicable Statute of
Limitations. The total number of Passes purchased by Settlement Class Members has not been
fixed, but as of February 2, 2018, there were estimated to be approximately 131,652 customers
in the Settlement Class.
Settlement Class Counsel may request up to $2,875,000 for attorneys’ fees, up to $36,048.77
for litigation costs and expenses, and an award and up to $10,000 each for a service award to
the Representative Plaintiffs. Thus, the Net Settlement Amount available to the Class should be
approximately $8,058,000. A Per Pass Payment will be determined by dividing the Net
Settlement Amount by the estimated number of passes Settlement Class Members purchased
during the Settlement Time Period. If the Settlement Agreement is approved by the Court,
each Class Member will be mailed a check or issued a credit in the amount of the Per Pass
Payment multiplied by the number of passes that class member purchased during the
Applicable Statute of Limitations Period. If the Class Member chooses to receive a credit, the
credit will be applied to future monthly costs to renew the Class Member’s existing Pass(es).
It is estimated that the Per Pass Payment amount will be at least $____. Thus, each Settlement
Class Member who does not exclude himself or herself from the Settlement should receive a
payment of at least $____ for each Pass included in the Settlement, if the Settlement is
approved by the Court.
The Settlement Administrator will issue payments as a check mailed to your home address.
Settlement Class Members will have ninety (90) days from when the checks are mailed within
which to cash the check.
5
64273395.1
7. What happens to my existing active passes?
An Option Form is enclosed that allows you to decide if you want your existing passes to
remain active so that you can continue to be use them at SeaWorld’s parks. If you choose to
keep your passes active, you will be given the option of receiving a credit or a check, and your
passes will remain active until you contact SeaWorld to terminate them.
8. How can I get a payment?
If the Court approves the Settlement, you do not need to do anything to receive your payment.
If you fail to return the Option Form, you will receive a check in the amount of the Per Pass
Payment multiplied by the number of eligible passes and your passes that are in effect as of the
Notice Deadline will remain active and subject to monthly renewal until you contact SeaWorld
to cancel the pass. If you would instead like to receive a payment and cancel passes that are
currently in effect, or if you would like to receive a credit worth at least the amount of your Per
Pass Payment multiplied by the number of eligible passes and keep your passes that are
currently in effect active and subject to monthly renewal, return the Option Form by [DATE].
9. When will I get the Payment?
The Court will hold a Final Approval Hearing on [ ], to decide whether to give final approval of
the Settlement. Even if the Court gives final approval of the Settlement, there may be appeals.
It is always uncertain when any appeals will be resolved, and resolving them can take time,
perhaps more than a year. You can check on the progress of the case on the Settlement Website
at www.settlement.com. The Settlement will become final when the Court has given final
approval and all appeals have been resolved, or the time to file appeals has passed (the “Final
Settlement Date”). Within forty (40) days after the Final Settlement Date, the Settlement
Administrator will mail you a check. Please be patient.
10. Do I have a lawyer in this case?
The Court has ordered that F & H Law Group, P.A. and Kynes, Markman & Felman, P.A.
(“Settlement Class Counsel”) will represent the interests of all Settlement Class Members. You
will not be charged any out-of-pocket costs or fees for these lawyers. If you want to be
represented by your own lawyer, you may hire one at your own expense.
11. How will the lawyers be paid?
Settlement Class Counsel will request up to $2,875,000 total for their attorneys’ fees, or 25
percent of the total amount to be paid by SeaWorld under this Settlement, and reimbursement
up to $36,048.77 for the litigation costs and expenses that Settlement Class Counsel incurred in
this case. The Court will make the final decision as to the amounts to be paid to Settlement
Class Counsel. The amount that the Court awards will be paid out of the Settlement Amount,
defined below.
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64273395.1
12. Will the Representative Plaintiff receive any compensation for her efforts in bringing
this Action?
The Representative Plaintiffs will request a service award of up to $10,000 for their services as
class representatives and efforts in bringing the Action. The Court will make the final decision
as to the amount to be paid to the Representative Plaintiffs.
13. What am I giving up to obtain relief under the Settlement?
If the Court approves the Settlement, unless you opt out of the Settlement as described in
Section 13, you will be releasing your claims against SeaWorld that are alleged or could have
been alleged in the Action or in any other action regarding the automatic renewal of your
SeaWorld Passes. This generally means that you will not be able to file a lawsuit, continue
prosecuting a lawsuit, or be part of any other lawsuit against SeaWorld regarding the
allegations in the Action.
The Settlement Agreement, available on the Internet at the website www.settlement.com,

contains the full terms of the release.
14. How do I opt out of the Settlement?
You may opt out of the Class and the Settlement. If you want to opt out, you must send a letter
or postcard stating: (a) the name and case number of the Action, “Herman v. SeaWorld Parks
and Entertainment, Inc., Case No. 8:14-cv-03028-MSS-EAJ”; (b) your full name, address,
email address, and telephone number; and (c) a statement that you do not wish to participate in
the Settlement, postmarked no later than XXX, 2018 to the Settlement Administrator at:
Herman v. SeaWorld, Inc.

Settlement Administrator
c/o Settlement Administrator Address
If you timely opt out of the Class, you will be excluded from the Settlement Class, you will not
receive a payment, you will not be bound by the judgment entered in the Action, and you will
not be precluded from prosecuting any timely, individual claim against SeaWorld based on the
conduct complained of in the Action. If you opt out of the Settlement, you may not object to the
Settlement.
15. How do I tell the Court that I object to the Settlement?
At the date, time, and location stated in Section 18 below, the Court will hold a Fairness
Hearing to determine if the Settlement is fair, reasonable, and adequate, and to also consider
Settlement Class Counsel’s request for an award of attorneys’ fees and costs, and service award
to the Representative Plaintiff.
If you have not submitted a timely request to opt out and wish to object to the fairness,
reasonableness, or adequacy of the Settlement Agreement or the proposed Settlement, or to the
award of attorneys’ fees and costs or the service award, you must mail a written objection to the
Settlement Administrator, no later than (i.e., postmarked by) XXX, 2018, at:
7
64273395.1

Any written objections must state: (a) the name and case number of the Action: entitled
“Herman v. SeaWorld Parks and Entertainment, Inc., Case No. 8:14-cv-03028-MSS-EAJ”; (b)
the full name, address, email address, and telephone number of the person objecting; (c) the
words “Notice of Objection” or “Formal Objection”; and (d) in clear and concise terms, the
legal and factual arguments supporting the objection, including an attestation, under the penalty
of perjury, of facts demonstrating that the person objecting is a Class Member. You may, but
need not, mail your objection through counsel of your choice. If you do make your objection
through an attorney, you will be responsible for your personal attorney’s fees and costs.
IF YOU DO NOT TIMELY MAKE YOUR OBJECTION, YOU WILL BE DEEMED TO

HAVE WAIVED ALL OBJECTIONS AND WILL NOT BE ENTITLED TO SPEAK AT
THE FAIRNESS HEARING.
If you mail a written objection, you may appear at the Fairness Hearing, either in person or
through personal counsel hired at your expense, to object to the Settlement Agreement. You are
not required, however, to appear, if you do not want to. If you, or your attorney, intend to make
an appearance at the Fairness Hearing, you must include in your objection a statement that you
(or your lawyer) want to appear and speak under the heading of “Notice of Intent to Appear.”
16. What is the difference between opting out and objecting to the Settlement?
Objecting is simply telling the Court that you don’t like something about the Settlement. You
can object only if you stay in the Settlement Class. Opting out is telling the Court that you
don’t want to be part of the Settlement Class. If you opt out, you have no standing to object
because the Settlement no longer affects you.
17. What is the Fairness Hearing?
The Court has preliminarily approved the Settlement and will hold a hearing, called the
Fairness Hearing, to decide whether to give final approval to the Settlement. The purpose of the
Fairness Hearing is for the Court to determine whether the Settlement should be approved as
fair, reasonable, adequate, and in the best interests of the Settlement Class; to consider the
award of attorneys’ fees and costs to Settlement Class Counsel; and to consider the request for
a service award to the Representative Plaintiff.
18. When and where is the Fairness Hearing?
On ___________, 2018 at ___, a hearing will be held on the fairness of the proposed
Settlement. At the hearing, the Court will be available to hear any objections and arguments
concerning the proposed Settlement’s fairness from Settlement Class Members who timely
submitted written objections and Notices of Intent to Appear. The hearing will take place
before the Honorable Mary Scriven of the United States District Court for the Middle District
of Florida, located at 801 North Florida Avenue, Tampa, Florida 33602.
8
64273395.1
The hearing may be postponed to a different date or time or location without notice. Please
check www.settlement.com for any updates about the Settlement generally or the Fairness
Hearing specifically. If the date or time of the Fairness Hearing changes, you will not be sent a
notification of the change, but the change will be posted to the Settlement Website.
19. May I speak at the hearing?
At the Fairness Hearing, the Court will be available to hear any objections and arguments
concerning the fairness of the Settlement from Settlement Class Members who timely
submitted written objections and Notices of Intent to Appear.
You may attend, but you do not have to. As described above in Section 15, you may speak at
the Fairness Hearing only if you have timely mailed an objection, and included in your timely
objection a statement that you (or your attorney) intend to appear and speak at the Fairness
Hearing under the heading of “Notice of Intent to Appear.”
If you have opted out of the Settlement, however, you may not speak at the Fairness Hearing.
20. How do I get more information?
To see a copy of the Settlement Agreement, the Court’s Preliminary Approval Order, the
motion for an award of fees and costs to Settlement Class Counsel and a service award to the
Representative Plaintiff (once filed), and the operative complaint filed in the Action, please
visit the Settlement website located at: www.settlement.com. Alternatively, you may contact
the Settlement Administrator. The address of the Settlement Administrator is: Herman v.
SeaWorld, Inc., Settlement Administrator, c/o Settlement Address and the phone number
is____________.
This description of the Action is general and does not cover all of the issues and proceedings
that have occurred. You may also inspect the Court files at the Clerk of the Court, 801 North
Florida Avenue, Tampa, Florida during business hours Monday through Friday. The Clerk will
tell you how to obtain the file for inspection and copying at your own expense. If you have
questions about the Settlement, you may also contact Settlement Class Counsel.
21. What if my address or other information has changed or changes after I receive this
Notice?
It is your responsibility to inform the Settlement Administrator of your updated information.

You may do so at the address below:

******************************************************************************
******************************************************************************
9
64273395.1
DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE

LITIGATION TO THE CLERK OF THE COURT OR THE JUDGE.
10
64273395.1
&9)*#*5%

TAMPA DIVISION
JASON HERMAN,
JOEY KRATT, and
As individuals and on behalf of
all other similarly situated,
Case No. 8:14-cv-03028-MSS-EAJ
Plaintiff
SEAWORLD PARKS &

Defendant.
/
[PROPOSED] ORDER GRANTING PLAINTIFF’S MOTION FOR FINAL APPROVAL
On _______________, 201_, this Court heard the motion of Plaintiffs Jason Herman,
Joey Kratt, and Christina Lancaster (“Named Plaintiffs”) for final approval of the class action
settlement. This Court reviewed: (a) the motion and the supporting papers, including the
Settlement Agreement and Release (“Agreement” or “Settlement”); (b) all objections filed with
or presented to the Court; (c) the Parties’ responses to any objections; (d) counsels’ arguments;
and (e) the motion for an award of fees and costs Settlement Class Counsel and for a service
award to Named Plaintiffs. Based on this review and the findings below, the Court finds good
cause to grant the motion.
FINDINGS:
1. Unless otherwise specified, defined terms in this Final Order and Judgment have
the same definition as the terms in the Agreement.
64273418.1
2. The Settlement Agreement has been negotiated by competent and independent
counsel at arms-length and falls within the range of possible approval as fair, reasonable and
adequate.
3. The Notice provided was the best notice practicable under the circumstances and
constitutes valid, due, and sufficient notice to all members of the Settlement Class and they
comply fully with the requirements of the Rules of Civil Procedure, applicable sections of the
United States Code, and the United States Constitutions and other applicable laws.
4. The Settlement was entered into in good faith, is fair, reasonable and adequate,
and satisfies the standards and applicable requirements for final approval of this class action
settlement.
5. The Parties adequately performed their obligations under the Agreement.
6. The Settlement Administrator provided notice to Settlement Class Members in
compliance with Section 3.2 of the Agreement, the Rules of Civil Procedure, and the United
States Constitution, and any other applicable law. The notice: (a) fully and accurately informed
Settlement Class Members about the lawsuit and Settlement; (b) provided sufficient information
so that Settlement Class Members were able to decide whether to accept the benefits offered, opt
out and pursue their own remedies, or object to the proposed Settlement; (c) provided procedures
for Settlement Class Members to file written objections to the proposed Settlement, to appear at
the hearing, and to state objections to the proposed Settlement; and (d) provided the time, date
and place of the final fairness hearing. The Settlement Administrator provided notice to _____
of _____ Settlement Class Members. _____ Settlement Class Members opted out of the
Settlement Class, and _____ Settlement Class Members objected to the Settlement.
7. An award of $__________ in attorneys’ fees and costs, equal to __________ of
the Settlement Amount, to Settlement Class Counsel is fair and reasonable in light of the nature
2
64273418.1
of this case, Class Counsel’s experience and efforts in prosecuting this Action, and the benefits
obtained for the Class.
8. A service award to Named Plaintiffs of $__________ each for a total of
__________is fair and reasonable in light of: (a) Named Plaintiff’s risks in commencing this
action as the class representative; (b) the time and effort spent by Named Plaintiffs in litigating
this action as the class representatives; and (c) Named Plaintiffs’ public interest service.
IT IS ORDERED THAT:
1. Settlement Class Members. For Settlement purposes, the Settlement Class
Members are defined as:

All natural persons who purchased a one-year pass through SeaWorld’s “EZ Pay”
program to one of SeaWorld’s theme parks located in the states of Florida, Texas,
Virginia, or California; who were residents of the state where the park is located
at the time of purchase; who purchased the pass within the Applicable Statute of
Limitations Period for the respective states (as defined herein); who paid for their
one-year pass in less than 12 months; and who were charged any additional
monthly payments for renewal of the pass after the one-year pass was paid in full.
Excluded from the Settlement Class are (a) all persons who received full refunds
from SeaWorld after being charged any monthly payments for renewal of the pass
after the one year pass was paid in full; (b) all persons who used their pass after
the initial one-year term; (c) managers, directors, and employees of SeaWorld and
members of their immediate families; (d) all agents of SeaWorld; (e) legal counsel
for Plaintiffs or SeaWorld and members of their immediate families; (f) all judges
assigned to hear any aspect of this litigation as well as their immediate family
members; and (g) any class members in the matter of Gargir v. SeaWorld Parks
& Entertainment, Inc., No 37-2015-00008175-CU-MC-CTL, in the California
Superior Court, San Diego County (the Gargir Action) who have released and
discharged SeaWorld of any claims they may have in this case as a result of a
class action settlement approved in the Gargir Action.
2. Binding Effect of Order. This Order applies to all claims or causes of action
settled under the Agreement, and binds all Settlement Class Members, including those who did
not properly opt out under Paragraph 5 of the Preliminary Approval Order. This Order does not
bind persons who timely and validly opted out of the Settlement. Attached to this Order as
Exhibit A is a list of persons who properly opted out of the Settlement.
3
64273418.1
3. Release. Named Plaintiff and all Settlement Class Members who did not properly
opt out are: (a) deemed to have released and discharged SeaWorld from all claims that were or
reasonably could have been asserted based on the factual allegations in this Action, and all
claims that were or reasonably could have been asserted based on the factual allegations
contained in this Action; and (b) barred and permanently enjoined from asserting, instituting, or
prosecuting, either directly or indirectly, these claims. The full terms of the release described in
this paragraph are set forth in Sections 4.2 of the Settlement Agreement, which is incorporated
into this Order by reference.
4. Class Relief. SeaWorld, through the Settlement Administrator, will issue a pro
rata payment from the Net Settlement Fund for each Pass purchased by a Settlement Class
Member, pursuant to the terms and timeline set forth in Section 2.2 of the Settlement Agreement.
5. Attorney’s Fees and Costs. Settlement Class Counsel is awarded $__________
in fees and costs. SeaWorld will remit payment to the Settlement Administrator which will issue
payment to Settlement Class Counsel according to the timeline set forth in Section 2.7 of the
6. Service Award. Named Plaintiffs are each awarded $__________ as a service
award for their efforts bringing and actively participating in the case. SeaWorld will remit
payment to the Settlement Administrator which will issue payment to Settlement Class Counsel
on behalf of Named Plaintiffs according to the timeline set forth in Section 2.6 of the Settlement
Agreement.
7. Court’s Jurisdiction. This Court retains exclusive and continuing jurisdiction
over the case for purposes of supervising, implementing, interpreting and enforcing this Order
and the Settlement Agreement, as may become necessary, until all of the terms of the Settlement
Agreement have been fully carried out. Settlement Class Counsel shall notify the Court when
this has occurred.
4
64273418.1
DONE AND ORDERED in Chambers at Tampa, Florida this __ day of _____, 2018.
Hon. Mary S. Scriven

United States District Judge
5
64273418.1
OPTION FORM
&9)*#*5&
Return this Form to choose how you want to participate in the settlement.
Check only one (1) of the following:
‫܆‬ Receive a check and cancel all passes included in Settlement. If you choose this option, you will not be billed any
additional monthly payments by SeaWorld and your pass will no longer be active.
‫܆‬ Receive a credit and passes stay active and automatically renew monthly until you contact SeaWorld to cancel them.
‫܆‬ Receive a check and passes stay active and automatically renew monthly until you contact SeaWorld to cancel them.
If you check more than one (1) option or if you do not return this Form, you will receive a check, and all passes that are
currently active will remain active.
64273432.1
&9)*#*5'

SeaWorld Passholders Could Get $11.5M in Refunds

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Case 8:14-cv-03028-MSS-JSS Document 182 Filed 06/29/18 Page 1 of 20 PageID 3145

UNITED STATES DISTRICT COURT

SEAWORLD PARKS &

UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF

Plaintiffs, Jason Herman, Joey Kratt, and Christina Lancaster (collectively,

Agreement (“Settlement” or “Settlement Agreement”), attached to this motion as Exhibit 1;1

of Class Certification and Settlement (“Notice”), which is attached to the Settlement

PAID IN LESS THAN 12 MONTHS, THIS CONTRACT WILL RENEW

AUTOMATICALLY ON A MONTH-TO-MONTH BASIS FOLLOWING THE PAYMENT

affirmatively contacted SeaWorld to cancel the customer’s EZ Pay account, SeaWorld

credit or debit card. Id. at 4.

Plaintiffs’ Second Amended Class Complaint alleged on behalf of a Class of Florida,

49-50. The Breach of Contract class was defined to include:

Id. at 49-50. The EFTA Subclass was defined to include:

of a California class action settlement. Id. at 50-51.

denial of its petition. Doc. 148 Ex. A; Doc. 156 Ex. 1.

and was denied as moot. Doc. 179.

B. The mediation and the Settlement Agreement

The parties voluntarily agreed to participate in a mediation to attempt to resolve this

matter. The parties jointly agreed to retain a nationally-recognized mediator, Gary V.

McGowan, Esquire, of McGowan Arbitration and Dispute Resolution of Houston, Texas. A

later. The parties memorialized their agreement in principle in a Memorandum of

1. The Class Definition

The Settlement Agreement defines the Settlement Class as follows:

Class definition is identical to that in the Court’s class certification Order.

certification Order. Compare Doc. 135 at 50 with Ex. 1 ¶ 1.14.

2. Notice and claims administration

Hearing. Id. Ex. C.

order is entered. Id. ¶¶ 3.2(f), 3.4, 3.5.

3. The Common Fund

to the Settlement Administrator to be held in an escrow account and distributed by the

The Common Fund will be allocated as follows:

to be approved by the Court. Id. ¶ 2.7.

x Service awards will be paid to the named Plaintiffs in an amount to be approved

by the Court. Id. ¶ 2.6.

a $500,000 EFTA Subclass Fund. Id. ¶ 2.2.

cancel them. Id. Ex. C.

4. Attorney’s fees, costs, and representative Plaintiff incentive awards

up to 25% of the Common Fund, plus reimbursement of reasonable out-of-pocket costs, to be

5. The Class Release

6. Exclusion and objection rights

participate in the Settlement. Id. ¶ 3.5.

in their objection. Id.

7. The Final Approval Process

the motion to the Settlement Website. Id. ¶ 3.2(c).

to SeaWorld. Id. ¶ 2.3(e).

II. The Settlement should be preliminarily approved because the Settlement

The Settlement Agreement should be preliminarily approved. Approval of a class

the written submissions.” Pierre-Val v. Buccaneers Ltd. P’ship, 2015 WL 3776918, at *1

A. The Settlement Agreement was negotiated in good faith.

favor of its preliminary approval.

B. The Settlement Agreement is fair.

1693m(a)(2)(B). Compensation to the class representatives and Class Counsel will be in an

Agreement also weighs in favor of preliminary approval.

C. The Settlement is within the range of reason.

The proposed Settlement meets this standard.

issues pertaining to class certification.

damages is $500,000. Accordingly, the Common Fund represents approximately two-thirds

conducted extensive discovery; litigated issues regarding discovery, proposed expert

of settling versus taking the case to trial.

23(c)(2)(B). A notice of settlement should include “‘information reasonably necessary to make

final approval hearing. Pierre-Val v. Buccaneers Ltd. Partnership, 2015 WL 3776918, at *4

(M.D. Fla. June 17, 2015).