The Family Pact Service Agreement
NOW, THEREFORE, in consideration of the mutual covenants, promises, representations, warranties, and agreements contained herein, and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows:
1. SCOPE OF SERVICES
The Service Provider shall furnish the Client with structured, in-person and online family stabilization and co-parenting education services, consisting of orientation, instructional coursework, group sessions, and individualized private joint co-parenting sessions. These services are designed to promote effective communication, emotional regulation, and collaboration in co-parenting partnerships and are mandated under judicial directive.
2. FORMAT OF PROGRAM DELIVERY
All services offered under this Agreement shall be conducted strictly in-person, except for the required online coursework, which is conducted online. Virtual, remote, or teleconference-based participation is not permitted as valid attendance for the purposes of fulfilling the requirements or satisfying the educational objectives of the Family Pact Program. Clients are required to be physically present at the designated service locations for all scheduled in-person sessions, orientations, and evaluations.
3. LEGAL OBLIGATIONS AND PROGRAM AUTHORIZATION
a) The Client acknowledges and affirms that they are obligated, by virtue of a court order issued by a court of competent jurisdiction, to register in and complete a family stabilization and co-parenting education program.
b) The Service Provider affirms that it is duly authorized and qualified to provide such services in a professional, structured, and legally compliant manner, in accordance with all applicable federal, state, and local laws, including but not limited to Section 105.009 of the Texas Family Code.
4. FEES AND PAYMENT OBLIGATIONS
a) All fees for the services rendered under this Agreement shall be due and payable in accordance with the fee schedule provided by the Service Provider at the time of registration. The Service Provider reserves the right to amend such schedule at its sole discretion upon providing written notice to the Client.
b) If the Client elects a payment plan, full payment must be completed within fifteen (15) calendar days from the date of initial registration.
c) Timely payment is a material term of this Agreement. Non-payment, late payment, or partial payment shall constitute a material default under this Agreement, entitling the Service Provider to immediately suspend or terminate the Client’s participation in the program without liability or prior notice, including without obligation for a refund, and Client shall remain liable for all unpaid fees.
d) The Family Pact Program is a standardized offering and consists of the following mandatory sessions, which all Clients are required to complete:
Two (2) Group Sessions: Each lasting 2.5 hours, designed to support peer-based learning and structured co-parenting education.
Three (3) Private Co-Parenting Sessions: Each lasting 1 hour with both co-parents present in the same room, focused on addressing individual family dynamics and conflict resolution strategies.
An additional private session may be required based on the assessment and recommendation of the assigned Parent Navigator. Where applicable, the need for such session(s) shall be communicated in advance at no additional cost. The additional session will already be listed on the full schedule.
e) Client shall pay Service Provider for reasonable expenses (other than travel) incurred by Service Provider and its personnel solely in connection with its performance of the Services (the “Expenses”) if Parties agree by written consent.
5. REFUND POLICY
a) A full refund may be granted only where the co-parent fails to register within fifteen (15) days of the Client’s registration, and the Client submits a written request for a refund on the fifteenth (15th) day. If the request is submitted before or after the fifteenth (15th) day following registration, then no refund will be granted. If the 15th day has passed, then on the sixteenth (16th day, the client will have a 30-day credit. If the co-parent registers for the program by the 30th day of the credit being issued, then the client can use the credit to continue in the program without additional cost. If the 30 days pass and the co-parent has not registered, then all progress will be lost, and the client would have to register and pay again to participate in the program.
b) Upon the granting of access to the program, including but not limited to digital orientation, portal login, or materials distribution, the Client shall no longer be eligible for a refund under any circumstances.
c) There shall be no partial refunds. Should the Client or co-parent be removed from the program due to non-compliance, policy violations, or emergencies, any previously paid fees shall be forfeited. Re-entry into the program shall require re-registration and full payment of the then-prevailing fee.
6. RESTRICTIONS ON REPRODUCTION
Any attempt to record, reproduce, disseminate, photograph, or otherwise duplicate the program content, whether by audio, visual, digital, or physical means, is strictly prohibited and constitutes grounds for immediate termination of the Agreement and pursuit of all available legal remedies by the Service Provider.
7. GROUNDS FOR TERMINATION OR REMOVAL
The Family Pact Program operates under structured policies designed to promote fairness, accountability, and optimal outcomes for all participants. Enrollment in the Program is contingent upon full compliance with the Program’s requirements. Any failure to meet these requirements may result in immediate removal from the Program. The following circumstances shall constitute grounds for removal:
a) Failure to Register by Court-Ordered Deadline
Participants and their co-parenting partners must register for the Program by the deadline specified in their respective court orders. Failure by either party to register within this time frame may result in the automatic removal of both parties from the Program. Timely registration is mandatory and non-negotiable.
b) Non-Payment of Fees
Participants who select a payment plan must complete all payments by the designated deadlines. If either co-parenting partner fails to remit full payment as agreed, both parties shall be removed from the Program. Enrollment and continued participation are contingent upon timely and complete payment of all applicable fees.
c) Incomplete Online Coursework
Participants must complete all assigned online coursework by the specified deadlines. Failure by either co-parenting partner to submit completed coursework on time will result in the removal of both parties. Coursework deadlines are essential to allow adequate review and program preparation by staff and parent navigators.
d) Missed or Late Attendance at Group Sessions
Attendance at all scheduled group sessions is mandatory. If either co-parenting partner misses a group session or arrives after the permitted grace period, both will be removed from the Program. Group sessions are integral and cannot be rescheduled or made up under any circumstances.
e) Violation of Program Policies
All participants must adhere to the Program’s policies, as outlined in the Program materials. Violations of any such policies by either co-parenting partner shall result in the removal of both parties. Such policies include, but are not limited to:
Bag Policy: Compliance with bag restrictions, as required for safety and confidentiality.
Dress Code Policy: Maintenance of appropriate, business casual attire throughout the Program. (Our business casual attire, please see the examples shown in the coursework)
No Recording Policy: Use of recording devices (audio, video, photographs, screenshots, transcriptions, etc.) is strictly prohibited across all in-person sessions, virtual online coursework, and program platforms.
Other Published Program Policies: As updated from time to time and communicated to participants.
f) Inappropriate Behavior
Any display of inappropriate conduct, including verbal abuse, physical aggression, or disrespectful behavior toward other participants, parent navigators, or Program staff by either co-parenting partner, shall result in the removal of both individuals from the Program. A respectful and safe environment is imperative to the Program’s success.
g) Health and Sickness Concerns
Participants are expected to attend sessions in good health. If either co-parenting partner presents with visible signs of illness, both may be removed from the Program at the discretion of onsite staff. The Program reserves the right to determine what constitutes a health concern requiring removal to protect the well-being of all attendees.
Automatic Removal of Both Partners
The Family Pact Program is designed as a cooperative and joint undertaking between co-parenting partners. Consequently, the removal of one co-parenting partner for any reason automatically results in the removal of the other. Both individuals must be fully committed and actively engaged throughout the Program term to ensure its effectiveness and integrity.
8. SCHEDULE CHANGES AND EMERGENCY RESCHEDULING
a) Group sessions are fixed and non-transferable. No makeup sessions shall be offered for missed group sessions.
b) Private sessions may be rescheduled only at the discretion of the Service Provider, subject to the following rescheduling fees:
- $200.00 for adjustments that can be accommodated within an existing session schedule;
- $400.00 for changes requiring the creation of new time slots or individualized appointments.
c) A full group rescheduling request shall incur a $2,040.00 fee, payable in advance by the party causing the change.
d) In the event of inclement weather, the Service Provider, at its sole discretion, may alter the course presentation from in-person to a virtual or other alternative format. The Service Provider shall have the sole discretion to determine what constitutes valid participation in such sessions for the purpose of fulfilling the program's completion requirements. The decision to modify the format and participation criteria will be communicated to the Client promptly to ensure compliance with program objectives
9. SUBPOENA COMPLIANCE AND LEGAL PROCEEDINGS
a) The Service Provider shall not, under any circumstances, voluntarily appear before a court of law, tribunal, administrative body, or any other adjudicative forum for the purpose of providing testimony, statements, or documentation relating to any matter associated with the Client or the services rendered under this Agreement.
b) The Service Provider shall only provide such testimony, documents, records, or other forms of evidentiary support if compelled to do so under lawful authority by a validly issued and enforceable subpoena, court order, or legal mandate, and strictly to the extent required by such legal compulsion, provided that all applicable fees outlined in this Agreement have been paid in advance.
c) In the event the Service Provider is compelled to comply with a subpoena or other legal demand, the Client shall bear all financial and administrative burdens associated with such compliance. The following non-refundable fees represent the minimum applicable charges and are expressly subject to increase or adjustment at the sole discretion of the Service Provider, depending on the specific circumstances involved. The Service Provider shall provide notice of any such adjustment.
Subpoena Processing and Legal Engagement Fee: A non-refundable fee of Three Thousand Five Hundred Dollars ($3,500.00), payable within twenty-four (24) hours of service of the subpoena or legal notice, is required to initiate compliance review.
Document Retrieval and Production Fee: One Hundred Fifty Dollars ($150.00) per document requested, inclusive of redaction and preparation time, payable (48) hours before production.
In-Person Testimonial Appearance: A minimum billing of eight (8) hours per staff member, at a rate of Five Hundred Dollars ($500.00) per hour, shall be assessed. Travel and waiting time are billable.
Virtual Testimonial Appearance: A minimum billing of five (5) hours per staff member, at a rate of Five Hundred Dollars ($500.00) per hour, shall be assessed for appearances via virtual or teleconference platforms.
Motion or Legal Response Fee: A fee of Five Hundred Dollars ($500.00) per written response or legal filing shall be assessed for each motion, affidavit, or declaration prepared.
Appearance Extension Fee: For any appearance exceeding the prepaid minimum hours, a supplemental fee of Seven Hundred Dollars ($700.00) per hour shall be immediately due and payable to continue such appearance.
Refundable Deposit Fee: A deposit fee of Six Thousand Dollars ($6,000.00) is due within twenty-four (24) hours of service of the subpoena or legal notice, and is required to ensure the Service Provider is compensated immediately, in case of an appearance extension being needed. This deposit is separate from all other fees except for the extension fee.
d) All such fees must be remitted by the Client or their legal representative before any action by the Service Provider in response to the subpoena. The failure to remit payment in accordance with the above terms shall constitute a material breach of this Agreement and an irrevocable release of the Service Provider from any obligations to respond, appear, or participate in such legal matters.
e) The Service Provider shall not be liable for any adverse consequences resulting from its failure or refusal to comply with a subpoena due to non-payment of the requisite fees, and the Client expressly waives any claim, cause of action, or grievance arising therefrom.
10. PROGRAM COMPLETION REQUIREMENTS
a) The Client acknowledges and agrees that successful completion of the program is contingent upon full participation in all required activities, including orientation, online coursework, assignments, assessments, as well as private and group sessions.
b) The program must be completed in its entirety within a continuous five (5) to six (6) week period, without interruption.
c) Failure to attend any session or submit required coursework within designated deadlines shall result in disqualification from program completion.
d) Both co-parenting participants must be present and active in every component of the program to satisfy court-mandated objectives. No exceptions shall be made.
11. PROHIBITED ITEMS POLICY
a) The Client shall comply fully with the Service Provider’s Prohibited Items Policy as described in Exhibit A hereto and listed on our website and online coursework.
b) Violation of this policy shall be grounds for immediate removal from the program without refund or recourse.
12. LEGAL COMPLIANCE
a) The Service Provider affirms that all services are conducted in accordance with applicable statutes, rules, and regulations, including but not limited to Texas Family Code § 105.009, about court-ordered parenting education programs.
13. INTELLECTUAL PROPERTY/OWNERSHIP OF WORK PRODUCT
This is not a work-for-hire agreement. The copyright in all deliverables created hereunder for Client shall belong to the Service Provider. All intellectual property rights in all pre-existing works and derivative works of such pre-existing works and other deliverables and developments made, conceived, created, discovered, invented or reduced to practice in the performance of the Services hereunder are and shall remain the sole and absolute property of Service Provider, subject to a limited, non-exclusive, non-transferable, revocable license to Client for its personal use as intended under this Agreement during the Term, and the Service Provider retains all moral rights therein. This Agreement does not grant Client any license to any of the Service Provider's products, which must be separately licensed.
All curriculum materials, lesson plans, written guides, multimedia, and any other proprietary content delivered or made available under this Agreement shall remain the sole and exclusive intellectual property of the Service Provider. The Client is granted a non-exclusive, non-transferable, revocable license for personal use solely for the duration of the program. No distribution, reproduction, or dissemination is permitted.
No amendment or modification of this Agreement shall be effective unless reduced to writing and signed by both Parties.
14. WARRANTY
The Services to be performed hereunder are advisory. Service Provider does not warrant in any form the results or achievements of the Services provided or the resulting work product and deliverables. Service Provider warrants that the Services will be performed by qualified personnel in a professional and workmanlike manner in accordance with generally accepted industry standards and practices applicable to similar services. Service Provider shall comply with all statutes, ordinances, regulations, and laws of all international, federal, state, county, municipal, or local governments applicable to performing the Services hereunder.
15. LIMITATION OF WARRANTY
THE WARRANTY OUTLINED IN THIS SECTION 13 IS EXCLUSIVE AND IS IINSTEAD OFALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, WORK PRODUCT, OR DELIVERABLES PROVIDED UNDER THIS AGREEMENT, OR AS TO THE RESULTS WHICH MAY BE OBTAINED THEREFROM. SERVICE PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY SERVICES OR WORK PRODUCT, OR DELIVERABLES PROVIDED BY THIRD PARTY VENDORS IDENTIFIED OR REFERRED TO THE CLIENT BY THE SERVICE PROVIDER DURING THE TERM OF THIS AGREEMENT. CLIENT’S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS, AT SERVICE PROVIDER'S OPTION, EITHER REPERFORMANCE OF THE SERVICES OR REFUND OF AMOUNTS PAID UNDER THIS AGREEMENT FOR SUCH NON-CONFORMING SERVICES.
16. CONFIDENTIAL INFORMATION
a) Confidential Information. The Parties acknowledge that by reason of their relationship under this Agreement, each Party (the “Disclosing Party”) may disclose or provide access to the other Party (the “Receiving Party”) certain confidential, proprietary, or sensitive information (“Confidential Information”). Confidential Information includes, but is not limited to: (i) information disclosed or generated during the provision of services under the Family Pact Program or other related programs, including personal details shared by clients or participants; group session discussions, including those involving unrelated co-parenting partners; private and joint sessions involving a participant and their co-parenting partner; interactions with Parent Navigators, or Program staff; client progress notes, evaluations, and assessments; sensitive data regarding co-parenting conflicts, family dynamics, and related communications; and any written materials, digital tools, worksheets, notes, educational content, or observations made during Program participation; (ii) business and operational information concerning a Party’s business plans, financials, customer and vendor details, pricing, strategies, intellectual property, trade secrets, and technical data, whether communicated orally, electronically, or in writing; and (iii) contractual terms, the content of this and other agreements, related discussions or negotiations, information obtained during facility tours or visits, and any other non-public information shared by the Disclosing Party. All Confidential Information shall remain the exclusive property of the Disclosing Party.
b) Use of Confidential Information; Standard of Care. The Receiving Party shall maintain the Confidential Information in strict confidence and disclose the Confidential Information only to its employees, subcontractors, consultants, and representatives who need to know such Confidential Information to fulfill the business affairs and transactions between the Parties contemplated by this Agreement. The Receiving Party shall always remain responsible for breaches of this Agreement arising from the acts of its employees, subcontractors, consultants, and representatives. Receiving Party shall use the same degree of care as it uses with respect to its own similar information, but no less than a reasonable degree of care, to protect the Confidential Information from any unauthorized use, disclosure, dissemination, or publication. Receiving Party shall only use the Confidential Information in furtherance of its performance of its obligations under this Agreement, and agrees not to use the Disclosing Party's Confidential Information for any other purpose or for the benefit of any third party, without the prior written approval of the Disclosing Party. The Receiving Party shall not decompile, disassemble, or reverse engineer all or any part of the Confidential Information.
c) Exceptions. Confidential Information does not include information that: (a) was lawfully in Receiving Party's possession before receipt from Disclosing Party; (b) at or after the time of disclosure, becomes generally available to the public other than through any act or omission of the Receiving Party; (c) is developed by Receiving Party independently of any Confidential Information it receives from Disclosing Party; (d) Receiving Party receives from a third party free to make such disclosure without, to the best of Receiving Party's knowledge, breach of any legal or contractual obligation, or (e) is disclosed by Receiving Party with Disclosing Party's prior written approval.
d) Required Disclosures. If the Receiving Party is confronted with legal action to disclose Confidential Information received under this Agreement, the Receiving Party shall, unless prohibited by applicable law, provide prompt written notice to the Disclosing Party to allow the Disclosing Party an opportunity to seek a protective order or other relief it deems appropriate, and the Receiving Party shall reasonably assist disclosing Party in such efforts. If disclosure is nonetheless required, the Receiving Party shall limit its disclosure to only that portion of the confidential Information which it is advised by its legal counsel must be disclosed.
e) Unauthorized Use or Disclosure of Confidential Information; Equitable Relief. In the event the Receiving Party discovers that any Confidential Information has been used, disseminated, or accessed in violation of this Agreement, it will immediately notify the Disclosing Party, take all commercially reasonable actions available to minimize the impact of the use, dissemination, or publication, and take all necessary steps to prevent any further breach of this Agreement. The Parties agree and acknowledge that any breach or threatened breach regarding the treatment of the Confidential Information may result in irreparable harm to the Disclosing Party for which there may be no adequate remedy at law. In such an event, the Disclosing Party shall be entitled to seek an injunction, without the necessity of posting a bond, to prevent any further breach of this Agreement, in addition to all other remedies available in law or at equity.
f) Return of Confidential Information; Survival. Receiving Party shall promptly return or, at Disclosing Party's option, certify destruction of all copies of Confidential Information at any time upon request or within 30 days following the expiration or earlier termination of this Agreement. Notwithstanding any expiration or termination of this Agreement, the Receiving Party's obligations to protect the Confidential Information pursuant to this Section shall survive the expiration of this Agreement. All confidential Information shall remain the property of the Disclosing Party.
17. INDEMNIFICATION
Client agrees to indemnify, defend and hold Service Provider and its affiliates and their respective officers, directors, employees and agents harmless from and against all third-party claims, losses, liabilities, damages, expenses and costs, including reasonable attorney's fees and court costs, arising out of the Indemnifying Party's (i) gross negligence or willful misconduct or (ii) its material breach of any of the terms of this Agreement. The Indemnifying Party's liability under this Section shall be reduced proportionally to the extent that any act or omission of the other Party, or its employees or agents, contributed to such liability. The party seeking indemnification shall provide the Indemnifying Party with prompt written notice of any claim and shall cooperate with the Indemnifying Party, its insurance company, and its legal counsel in its defense of such claim(s). This indemnity shall not cover any claim in which there is a failure to give the Indemnifying Party prompt notice to the extent such lack of notice prejudices the defense of the claim.
SECTION 15 STATES THE ENTIRE OBLIGATION AND THE EXCLUSIVE REMEDIES WITH RESPECT TO THE PARTIES' INDEMNIFICATION OBLIGATIONS PURSUANT TO THIS AGREEMENT.
18. LIMITATION OF LIABILITY; ACTIONS
EXCEPT FOR THE PARTIES CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT AND INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. SUBJECT TO THE CLIENT'S OBLIGATION TO PAY THE FEES TO THE SERVICE PROVIDER, SERVICE PROVIDER'S ENTIRE AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY THE CLIENT TO THE SERVICE PROVIDER UNDER THIS AGREEMENT IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.
NO ACTION SHALL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION, EXCEPT FOR MONEY DUE ON AN OPEN ACCOUNT.
19. COOPERATION OF CLIENT
Client agrees to comply with all reasonable requests of Service Provider and shall provide Service Provider's personnel with access to all documents and facilities as may be reasonably necessary for the performance of the Services under this Agreement.
20. TERM
This Agreement shall commence on the Effective Date and shall remain in effect until the completion of the initial Services selected by the Client, including any additional sessions recommended by the parent navigator, unless earlier terminated in accordance with Section 10. The Initial Term and Renewal Terms, if any, are collectively referred to herein as the “Term”.
21. TERMINATION
(a) Termination for Breach. Either Party may terminate this Agreement at any time in the event of a breach by the other Party of a material covenant, commitment or obligation under this Agreement that remains uncured: (i) in the event of a monetary breach, 10 calendar days following written notice thereof; and (ii) in the event of a non-monetary breach after 30 days following written notice thereof. Such termination shall be effective immediately and automatically upon the expiration of the applicable notice period, without further notice or action by either Party. Termination shall be in addition to any other remedies that may be available to the non-breaching Party.
(b) Termination for Bankruptcy, Insolvency, or Financial Insecurity. Either Party may terminate this Agreement immediately at its option upon written notice if the other Party: (i) becomes or is declared insolvent or bankrupt; (ii) is the subject of a voluntary or involuntary bankruptcy or other proceeding related to its liquidation or solvency, which proceeding is not dismissed within 90 calendar days after its filing; (iii) ceases to do business in the normal course; or (iv) makes an assignment for the benefit of creditors. This Agreement shall terminate immediately and automatically upon any determination by a court of competent jurisdiction that either Party is excused or prohibited from performing in full all obligations hereunder, including, without limitation, rejection of this Agreement pursuant to 11 U.S.C. § 365.
(c) Obligations upon Termination. Termination of this Agreement for any reason shall not discharge either Party's liability for obligations incurred hereunder and amounts unpaid at the time of such termination. Client shall pay Service Provider for all Services rendered before the effective date of termination. Upon termination, each Party shall return the other Party's confidential information that is in its possession at the time of termination.
22. FORCE MAJEURE
Neither Party shall be liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, pandemics, epidemics, local disease outbreaks, public health emergencies, acts of God, or other similar or different occurrences beyond the reasonable control of the Party so defaulting or delaying in the performance of this Agreement, for so long as such force majeure event is in effect. Each Party shall use reasonable efforts to notify the other Party of the occurrence of such an event within five business days of its occurrence.
23. GOVERNING LAW AND VENUE
This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas and Dallas County without giving effect to the principles of conflicts of law of such state. The UN Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The Parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in Dallas County, Texas. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.
24. ATTORNEY'S FEES
If either Party incurs any legal fees associated with the enforcement of this Agreement or any rights under this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney's fees and any court, arbitration, mediation, or other litigation expenses from the other Party.
25. COLLECTION EXPENSES
If Service Provider incurs any costs, expenses, or fees, including reasonable attorney's fees and professional collection services fees, in connection with the collection or payment of any amounts due under this Agreement, Client agrees to reimburse Service Provider for all such costs, expenses, and fees.
26. ASSIGNMENT
No Third-Party Beneficiaries. Neither Party may assign this Agreement, either in whole or in part, without the express written consent of the other Party. Consent shall not be unreasonably withheld. Any assignment without such consent shall be null and void. Notwithstanding the foregoing, this Agreement shall be binding upon and inure to the benefit of the successors, assigns,s and legal representatives of the Parties. There are no third-party beneficiaries to this Agreement.
27. SEVERABILITY
If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
28. HEADINGS
Construction. The headings/captions appearing in this Agreement have been inserted for convenience and ready reference, and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of the provisions to which they appertain. This Agreement is the result of negotiations between the Parties and their counsel. Accordingly, this Agreement shall not be construed more strongly against either Party, regardless of which Party is more responsible for its preparation, and any ambiguity that might exist herein shall not be construed against the drafting Party.
29. RIGHTS CUMULATIVE
The rights and remedies of the Parties herein provided shall be cumulative and not exclusive of any rights or remedies provided by law or equity.
30. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute the same instrument, without the necessity of production of the others. An executed signature page delivered via facsimile transmission or electronic signature shall be deemed as effective as an original executed signature page.
31. AUTHORIZED SIGNATORIES
It is agreed and warranted by the Parties that the individuals signing this Agreement on behalf of the respective Parties are authorized to execute such an agreement. No further proof of authorization shall be required.
32. NOTICES
All notices or other communications required under this Agreement shall be in writing and shall be deemed effective when received and made in writing by either (i) hand delivery, (ii) registered mail, (iii) certified mail, return receipt requested, (iv) overnight mail, or (v) email with confirmation of receipt, addressed to the Party to be notified at such address as such Party shall specify by like notice hereunder. Email communications shall be sent to the email address provided by each Party upon execution of this Agreement.
33. WAIVER
No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.
34. DISPUTE RESOLUTION (MANDATORY MEDIATION)
a) In the event of any dispute, claim, or disagreement arising out of or relating to this Agreement or the Participant’s involvement in the Program, the Parties agree to first attempt to resolve the matter in good faith through mandatory mediation before initiating any legal action.
b) Mediation shall be conducted in Dallas County, Texas, by a neutral third-party mediator mutually selected by the Parties.
c) Each Party shall bear its own costs and share the mediator’s fees equally, unless otherwise agreed.
d) If the Parties are unable to resolve the dispute through mediation within sixty (60) days of the written request for mediation, either Party may pursue available legal remedies in accordance with this Agreement.
e) This clause does not waive either Party’s right to seek temporary injunctive or equitable relief from a court of competent jurisdiction in Dallas County, Texas, where necessary to prevent immediate harm. The Parties agree that any breach of the confidentiality or non-disparagement provisions will result in immediate and irreparable harm for which monetary damages would be inadequate. Therefore, The Family Pact LLC shall be entitled to immediate injunctive relief.
35. NON-DISPARAGEMENT
Participant agrees not to make or publish any false, misleading, defamatory, or malicious statements, whether verbal, written, or digital, about: The Family Pact LLC, its Program; its founders, officers, directors, employees, staff, contractors, agents, or other participants; the Program’s structure, methodology, content, or business practices. This includes, without limitation, statements made in person, through social media, online platforms, or legal correspondence. However, this clause shall not restrict the Participant from expressing concerns through protected legal channels or giving factual testimony if legally compelled.
EXHIBIT A: PROHIBITED ITEMS & CONDUCT POLICY
To promote safety, order, and a professional environment during co-parenting sessions facilitated by The Family Pact LLC, the following rules and restrictions shall apply to all participants and visitors. Violation of this policy may result in immediate removal from the premises, program disqualification, forfeiture of fees, and/or court referral.
1. Prohibited Items
The following items are strictly prohibited from all Family Pact LLC sessions, premises, and affiliated spaces (including, but not limited to, lobbies, bathrooms, balconies, and parking areas):
Weapons and Hazardous Items
Any club or blunt-force object (e.g., blackjack, nightstick, baton, mace, PR-24)
Hatchets or bladed weapons, Firearms of any kind (including BB guns, pellet guns, rubber band guns, and improvised weapons), Explosive devices (e.g., bombs, grenades, fireworks, blasting caps, toy caps), Knives of any kind, Brass, steel, wooden, or spiked knuckles, Tasers, stun guns, Hoax weapons (fake or lookalike weapons), Chemical-dispensing devices (including but not limited to aerosol cans)
Other Prohibited Items.
Recording devices or equipment of any kind (including, but not limited to, audio recorders, cameras, mobile phones used for recording audio or video, or any other electronic recording devices), except as required by law or with prior written authorization from The Family Pact LLC, Flammable liquids or substances, Alcoholic beverages in any form, or any containers bearing alcohol labeling, Illegal or recreational drugs and drug paraphernalia, Fashion chains attached to wallets, keys, or belts. Any item deemed by The Family Pact staff to be unnecessary for session purposes or potentially disruptive to others.
Note: The Family Pact LLC staff, in their sole and absolute discretion, shall make all final determinations regarding prohibited items, and such determinations shall be binding and non-appealable. The Family Pact LLC reserves the right to modify this list of prohibited items at any time without prior notice.
2. In-Person Session Conduct Rules include:
Behavior consistent with a professional environment. Maintain a respectful, professional demeanor. Avoid profanity, name-calling, or derogatory comments.
Session Engagement
- Raise your hand to speak.
- Listen when others are speaking.
- Punctual attendance is mandatory. Early departure or late arrival without prior authorization may result in course failure and/or adverse reporting to referring authorities, including courts, as required by applicable program requirements.
Breaks and Emergencies
Restroom use should occur during scheduled breaks unless there is an emergency.
For brief decompression breaks, notify a staff member and limit them to 2 minutes maximum.
Confidentiality
Respect the privacy of all participants. While participation in discussions is voluntary, all information shared during sessions is strictly confidential and may not be disclosed outside the session except as required by law or court order. Violation of confidentiality may result in immediate program termination and potential legal liability.
3. Smoking Policy
Smoking and the use of any smoking-related products are strictly prohibited throughout the entire premises, including but not limited to the building interior, outdoor balconies, and within 25 feet of any entrance, exit, or air intake. This prohibition includes, but is not limited to:
Tobacco Products
- Cigarettes, cigars, pipe tobacco, hookah/shisha
- Electronic Smoking Devices
- E-cigarettes, vape pens, mods, e-hookahs
Marijuana or THC products
- Herbal, clove (kretek), or bidi cigarettes
Do not attend sessions smelling of marijuana, tobacco, or vape products.
4. No Alcohol or Drug Use Policy
Strictly Forbidden on Premises:
Alcohol of all types (beer, wine, spirits, cocktails, cider, liqueurs, etc.)
Illegal or recreational drugs (e.g., marijuana, cocaine, heroin, LSD, meth, etc.)
Designer or synthetic drugs (e.g., bath salts, K2, Spice, etc.)
Misuse of prescription or over-the-counter medication
Impairment Notice: Attendance while under the influence of any substance that may cause impairment is strictly prohibited. If staff reasonably suspect impairment, they maintain sole discretion to remove participants from the session and/or terminate program participation.
5. Clear Bag Policy
To ensure safety, only approved bags are allowed on-site:
Permitted:
- Clear plastic, vinyl, or PVC bags no larger than 12" x 6" x 12"
- Small non-clear clutches not exceeding 4.5" x 6.5"
- Medically necessary bags (subject to inspection and approval)
Prohibited:
- Bags with buckles, hardware, or decorative attachments
- Oversized or non-clear bags
Enforcement: Any non-compliant bag must be returned to your vehicle. Staff may deny entry for failure to comply.
This Exhibit A forms an integral part of the Services Agreement and is fully enforceable under its terms. The Family Pact LLC reserves the right to amend, modify, or supplement this policy at any time in its sole discretion, with or without prior notice. Continued participation in the Program following any such changes constitutes acceptance of the modified terms.
36. ENTIRE AGREEMENT
Modification. This Agreement, and any exhibits attached hereto, is the entire Agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this Agreement or any part thereof shall be valid unless in writing and signed by authorized representatives of the Parties. Each Party hereto has had the opportunity to receive independent legal advice regarding this Agreement and its respective rights and obligations set forth herein. The Parties acknowledge and agree that they are not relying upon any representations or statements made by the other Party or the other Party's employees, agents, representatives, or attorneys regarding this Agreement, except to the extent such representations are expresslyoutlined inn this Agreement.