Raus et al. v. Elements Production, LLC et al.

What is the Lawsuit About?

In 2021, Defendants organized a music festival titled “Elements Festival 2021”. The allegations in the case concern potential failures by the festival organizers to provide the benefits of the bargain, including but not limited to a failure by the organizers to adapt to and/or notify ticket purchasers about Hurricane Ida’s effect on the festival grounds, extensive wait times and walking distances (through mud) to the festival grounds as compared to those advertised, multiple musical acts that were advertised cancelling their performances due to the state of the festival’s facilities, lack of sanitary restroom and shower facilities, no lake activities as advertised due to a sanitation problem at the nearby lake in Lakewood, Pennsylvania, and others.

The Action was filed after the festival took place. In the Action, Plaintiffs allege negligence, gross negligence, fraud, negligent misrepresentation, breach of contract, breach of the implied covenant of good faith and fair dealing, unjust enrichment, and violation of N.Y. Gen. Bus. Law § 349. Defendants deny Plaintiffs’ claims and denies liability. The Parties now agree to settle the Action in its entirety, without any admission of liability by Defendants. The Parties intend this Settlement Agreement to bind Settlement Class Representatives, Defendants, and all Settlement Class Members who do not timely and properly exclude themselves from the settlement.

How do I know whether I am part of the Settlement?

You are part of the Settlement Class if you purchased tickets for and attended Elements Festival 2021.

Excluded from the Settlement Class are persons who purchased tickets for purposes of resale, any entity in which Defendants have a controlling interest, is a parent or subsidiary, or who is controlled by Defendants, as well as the officers, directors, affiliates, legal representatives, heirs, predecessors, and assigns of Defendants. Also excluded are the judges and Court personnel in this case or their immediate families.

Details of settlement administration, including contact information for purposes of answering questions from claimants regarding the settlement, as well as the manner in which to submit claim forms can be found on this site.

What are the Settlement benefits?

The Settlement Agreement provides for (1) a cash payment and (2) a 20% discount to members of the class for an event occurring within one year of court approval of the settlement (with the exception of those class members that have already received refunds corresponding to Elements Festival 2021).

a. Payment

All Settlement Class Members who submit a valid, complete, and timely Claim using the Claim Form will receive a proportional share of the Benefit Amount (the remainder of a settlement fund of $119,999.00, after settlement administration costs, attorney’s fees, and a service award of $5,000 to class representatives are deducted).

b. Discount for Future Event Within One Year of Settlement

All Settlement Class Members who submit a valid, complete, and timely Claim using the Claim Form, with the exception of those who have already received a refund corresponding to Elements Festival 2021 prior to this settlement, will receive a 20% discount off any event organized by Defendants within one year of final approval of this settlement.

For the avoidance of doubt, the Released Claims include any and all causes of action, claims, rights, damages, punitive, or statutory damages, penalties, liabilities, expenses and losses, and issues, that any of the Plaintiffs have or could have made against the Defendants or Backbone in the Class Action, under any claims under federal, state, or local law, rule, or regulation, including, but not limited to, claims for negligence, gross negligence, fraud, negligent misrepresentation, breach of contract, breach of implied covenant of good faith and fair dealing, unjust enrichment, and violation of the New York General Business Law Section 349, et seq.

As of the Effective Date, the Releasing Parties will be deemed to have completely released and forever discharged the Released Parties and Class Counsel from and for any and all liabilities, claims, cross-claims, causes of action, rights, actions, suits, debts, liens, contracts, agreements, damages, costs, attorneys’ fees, losses, expenses, obligations, or demands, of any kind whatsoever, whether known or unknown, existing or potential, or suspected or unsuspected, whether raised by claim, counterclaim, setoff, or otherwise, including any known or unknown claims, which they have or may claim now or in the future to have, relating to the institution, prosecution, or settlement of the Actions.

The Stipulation of Class Action Settlement, available here contains additional information about Released Claims.