The Service Provider agrees to perform the following services ("Services") to assist the Client with the structuring, administration, and protection of their estate and trust assets:
2. FEES2.1 Payment Obligation: The Client shall pay the Service Provider the fees for the Services as set forth in Exhibit A attached hereto ("Fee Schedule"), which forms an integral part of this Agreement. The Fee Schedule specifies the fees for each specific service provided under this Agreement.2.2 Non-Refundable Fees:Client acknowledges and agrees that all fees paid to GoGetter Family LLC. or any subsidiary’s and DBA’s for trust-related services—including, but not limited to, trust drafting, consultations, strategic planning, document preparation, filings, or any associated deliverables—are strictly non-refundable.These services involve the use of proprietary systems, specialized expertise, and immediate allocation of professional resources. As such:
2.3 Chargeback WaiverClient expressly agrees that initiating a chargeback or payment dispute through their credit card provider, bank, or payment platform is a breach of this agreement and constitutes fraudulent misuse of the payment system. By signing or accepting this agreement, Client affirms that:
This No Refund and Chargeback Prevention Policy is binding upon payment and enforceable in accordance with applicable law.
The Client agrees to pay for the services provided by the Service Provider either in full upfront or through an approved installment plan as specified in the Fee Schedule.
No modifications to payment terms shall be valid unless agreed upon in writing by both parties and appended to this Agreement as an official amendment.
2.5 Late Payment: If the Client fails to make any payment due under this Agreement by the due date for payment, then, without limiting the Service Provider's remedies under Section 9 (Dispute Resolution), the Client shall pay interest on the overdue amount at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Client will also reimburse the Service Provider for any costs incurred in collecting late payments.
2.6 Fee Adjustments: The fees set forth in Exhibit A may be subject to annual revision by the Service Provider to reflect changes in market conditions, provided that any such adjustments shall not exceed 5% annually and shall be communicated to the Client in writing at least sixty (60) days before the proposed effective date of the adjustment. This only applies to annuity clients.
2.7 Fee Disputes: In the event of a dispute regarding any invoiced amount, the Client must notify the Service Provider in writing within fifteen (15) days of the invoice date, detailing the nature of the dispute. The Client agrees to pay the undisputed portion of the invoice by the due date as specified in Section 2.4. The parties shall endeavor to resolve the disputed amount in good faith. If the parties are unable to resolve the dispute amicably, it may be resolved through the dispute resolution procedures outlined in Section 9 of this Agreement.
2.8 Additional Fees for Trustee or Beneficiary Changes: If the Client requests a change in the Trustee or beneficiary, and such change necessitates the revision or reissuance of associated legal documents, the Client shall pay an additional fee of $400 for the required paperwork revisions. This fee is non-refundable and will be invoiced in accordance with Section 2.4 of this Agreement.
3. TERM AND TERMINATION3.1 Term of Agreement: This Agreement shall become effective as of the date of clients signature and shall continue in full force and effect for 6 months therefrom unless terminated earlier in accordance with the provisions of this Section 3.
3.2 Termination for Convenience: Either party may terminate this Agreement without cause by providing at least thirty (30) days prior written notice to the other party. Such notice must be delivered by certified mail, return receipt requested, or by another method that provides written confirmation of delivery.
3.3 Termination for Cause: Notwithstanding the above, either party may terminate this Agreement immediately upon written notice if the other party: - Breaches any material obligation under this Agreement and fails to cure such breach within fifteen (15) days after receiving written notice of such breach; - Becomes insolvent or files for bankruptcy; - Engages in any illegal activity or conduct that materially affects the performance of its obligations under this Agreement.
3.4 Obligations Upon Termination: Upon termination or expiration of this Agreement, all outstanding obligations owed to the other party must be fulfilled immediately. The Client must pay for all Services rendered up to the effective date of termination, and the Service Provider must deliver any work results completed up to the effective date of termination.
3.5 Survival: The rights and obligations of the parties set forth in Sections 4 (Confidentiality), 5 (Liability), 6 (Indemnification), and any other provisions which by their nature should survive termination, shall remain in effect after the termination or expiration of this Agreement.
3.6 Consequences of Premature Termination: In the event of termination by the Client prior to completion of the Services for reasons other than a breach by the Service Provider, the Client shall be liable to pay a termination fee equivalent to 50% of the total remaining fees that would have been payable if the Agreement had continued to its full term, unless otherwise negotiated and agreed in a written amendment to this Agreement.
4. CONFIDENTIALITY
4.1 Definition of Confidential Information: For purposes of this Agreement, "Confidential Information" includes all written, electronic, or oral information that the disclosing party provides to the receiving party, including but not limited to business strategies, plans, financial information, technical data, trade secrets, intellectual property, client details, and any other information marked or designated as confidential.
4.2 Obligation of Confidentiality: Both parties agree to: - Maintain the confidentiality of all Confidential Information received from the other party; - Refrain from using any Confidential Information for any purpose outside the scope of this Agreement; - Take all reasonable precautions to prevent any unauthorized disclosure of the confidential information including securing and limiting access to the confidential information to personnel who need to know such information in connection with this Agreement and who are bound by confidentiality obligations that are at least as stringent as those contained herein.
4.3 Exceptions to Confidentiality Obligations: The obligations set forth in this Section shall not apply to information that: - Is or becomes publicly known through no breach of this Section by the receiving party; - Is received from a third party without breach of any obligation of confidentiality; - Is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information; - Is required to be disclosed by law, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.
4.4 Duration of Confidentiality Obligation: The obligations related to confidentiality shall survive the termination or expiration of this Agreement and shall continue indefinitely from the date of disclosure of the confidential information.4.5 Remedies for Breach: Any unauthorized disclosure or use of confidential information by the receiving party may cause irreparable harm to the disclosing party. Accordingly, the disclosing party is entitled to seek injunctive relief in addition to all other remedies available at law or in equity, including but not limited to monetary damages.
5. LIABILITY
5.1 Standard of Performance: The Service Provider agrees to perform the Services with a high degree of professionalism, care, and skill in accordance with prevailing industry standards and in compliance with all applicable laws and regulations.
5.2 Limitation of Liability: Except as expressly provided in this Agreement: - The Service Provider's total liability to the Client for any and all claims arising out of or in connection with the performance or non-performance of Services under this Agreement, whether based in contract, negligence, strict liability, tort, or otherwise, shall not exceed the total amount of fees actually paid to the Service Provider by the Client under this Agreement during the twelve (12) month period preceding the date the claim arose. - The Service Provider shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, data, business opportunity, or goodwill, even if advised of the possibility of such damages.
5.3 Exceptions to Limitations: The limitations set forth in Section 5.2 shall not apply to damages that result from the Service Provider’s gross negligence, willful misconduct, or fraud.
5.4 Indemnification: The Client agrees to indemnify, defend, and hold harmless the Service Provider and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, fines, penalties, costs, and expenses, including reasonable legal fees and costs, arising out of or related to: - The Client’s breach of any terms of this Agreement; - The Client's use of the Services; - Any negligent acts, omissions, or willful misconduct by the Client.
5.5 Force Majeure: The Service Provider shall not be liable for any failure to perform its obligations under this Agreement if such failure is caused by unforeseeable circumstances beyond its reasonable control, including but not limited to acts of God, wars, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
6. INDEMNIFICATION
6.1 Indemnity Obligations: The Client shall indemnify, defend, and hold harmless the Service Provider and its agents, employees, officers, directors, and subcontractors (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, fines, penalties, interest, costs, and expenses (including reasonable attorneys' fees and disbursements) (collectively, "Liabilities") that arise out of or relate to: - any breach of this Agreement by the Client; - the Client's use of the Services provided under this Agreement; - any negligent or more culpable act or omission of the Client (including any recklessness or willful misconduct) in connection with the performance of their obligations under this Agreement; - any bodily injury, death of any person, or damage to real or tangible personal property caused by the acts or omissions of the Client.
6.2 Notice and Cooperation: Upon receipt of a claim for which indemnity is claimed, the Service Provider shall provide the Client with prompt written notice of such claim (provided that the failure to notify the Client shall not relieve the Client from its indemnity obligations except to the extent the Client is materially prejudiced thereby). The Client will assume the defense of the claim through counsel designated by them and reasonably acceptable to the Service Provider. The Service Provider shall cooperate with the Client in the defense and give the Client full control of the defense and settlement of the claim, subject to the right of the Service Provider to participate with counsel of its own choosing at its own expense.
6.3 Limitation on Indemnification: The Client’s obligation to indemnify and hold harmless shall not apply to the extent that the Liabilities result from the gross negligence, willful misconduct, or breach of this Agreement by any of the Indemnified Parties.
6.4 Duration of Indemnification Obligations: The indemnity obligations under this Section shall survive the termination or expiration of this Agreement for a period of three (3) years.
7. INTELLECTUAL PROPERTY
7.1 Ownership of Intellectual Property: All intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, and any other proprietary rights in any materials, documents, products, software, data, and information provided, developed, used, or created by the Service Provider in connection with the performance of the Services under this Agreement ("Service Materials"), shall remain the sole and exclusive property of the Service Provider. The Client acknowledges and agrees that the Service Provider owns all right, title, and interest in and to the Service Materials, irrespective of any contribution or input from the Client.
7.2 License to Use: Subject to the terms and conditions of this Agreement, the Service Provider hereby grants to the Client a non-exclusive, non-transferable, revocable license to use the Service Materials solely for the Client's internal business operations and in accordance with the purposes of the Services provided under this Agreement. This license is conditioned upon the Client's full compliance with all terms and conditions of this Agreement including, without limitation, the payment of all fees when due.
7.3 Restrictions on Use: The Client shall not, without the prior written consent of the Service Provider, modify, adapt, alter, translate, convert, or otherwise change the Service Materials, create derivative works from the Service Materials, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the software materials, sell, sublicense, lease, rent, loan, distribute, or otherwise transfer the Service Materials to any third party.
7.4 Protection of Intellectual Property: The Client agrees to protect the intellectual property rights of the Service Provider and to prevent any unauthorized use or distribution of the Service Materials. Upon termination of this Agreement, the Client must cease all use of the Service Materials and return or destroy all copies of the Service Materials in the Client's possession or control.
7.5 Remedies for Breach: In the event of any unauthorized use of the Service Materials by the Client, the Service Provider shall have the right to seek all available legal remedies, including but not limited to injunctive relief and damages.
7.6 Survival: The obligations under this Section shall survive the termination or expiration of this Agreement.
8. GOVERNING LAW
8.1 Governing Law: This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by, interpreted, and enforced in accordance with the laws of the State of Texas, without regard to its conflict of laws principles that would mandate the application of the laws of another jurisdiction.
8.2 Jurisdiction: The parties hereby expressly agree that any legal action or proceedings concerning this Agreement, its interpretations, or its enforcement, shall be brought in the federal or state courts located in the State of Texas, and for this purpose, each party hereby irrevocably submits to the exclusive jurisdiction of such courts.
8.3 Venue: The parties agree that the venue for any action or proceeding arising out of or related to this Agreement shall be exclusively in the county of Harris County in the State of Texas. Each party hereby waives any right to object to venue in such courts based on claims of inconvenient forum or similar doctrines.
8.4 Waiver of Jury Trial: To the fullest extent permitted by law, each party hereby irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to this Agreement or the transactions contemplated hereby.
9. DISPUTE RESOLUTION
9.1 Mandatory Binding Arbitration: Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement, including any question regarding its existence, validity, interpretation, breach, or termination, shall be resolved exclusively and finally by binding arbitration.
9.2 Rules of Arbitration: The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), which are deemed to be incorporated by reference into this clause.
9.3 Arbitration Procedure:
9.5 Confidentiality: The arbitration proceedings and any result thereof shall be kept confidential by all parties, except as required by law or to the extent necessary to enforce or challenge the arbitration award.
9.6 Final and Binding Award: The arbitrator’s award shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
9.7 Limitation on Litigation: By agreeing to arbitration, the parties expressly waive any right to sue in court, except for matters in which injunctive or other equitable relief is sought to enforce intellectual property rights or to prevent irreparable harm pending the arbitration outcome.
10. MISCELLANEOUS
10.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties. No amendment, modification, or supplement of any provisions of this Agreement will be valid or effective unless made in writing and signed by a duly authorized representative of each party.
10.2 Severability: If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement.
10.3 Waiver: No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. A waiver by any party of any breach or covenant shall not be deemed to be a waiver of any subsequent breach or covenant or of any other breach or covenant.
10.4 Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns, provided that no assignment shall be made by the Client without the prior written consent of the Service Provider.
10.5 Counterparts and Electronic Signatures: This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument. Signatures transmitted by facsimile, electronic mail, or other electronic transmission (including PDF or any electronic signature complying with the U.S. Federal ESIGN Act of 2000, e.g., www.docusign.com) shall be deemed to be original signatures.
IN WITNESS WHEREOF, the parties have executed this Service Agreement as of the date first above written.
*See Attached Counterpart as Reference in Paragraph 10.5
Service Provider: Gene Boykin Jr., As Agent