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Contract analysis / exhibit-b-rofr-travel-notice-protocol.docx
exhibit-b-rofr-travel-notice-protocol.docx
1035-00002 · 46 clauses
High · 1 Medium · 19 Standard · 1
Section 1.1 — "Custodial Parent." "Custodial Parent" means the parent exercising physical
Section 1.1 — "Custodial Parent." "Custodial Parent" means the parent exercising physical custody of the minor children during his or her scheduled custodial time as set forth in the Agreement and in Exhibit A (Holiday & Vacation Schedule). For the avoidance of doubt, the designation of a parent as the "Custodial Parent" at any given time is determined solely by reference to the custodial schedule established in the
Section 1.2 — "Non-Custodial Parent." "Non-Custodial Parent" means the parent who is not e
Section 1.2 — "Non-Custodial Parent." "Non-Custodial Parent" means the parent who is not exercising physical custody of the minor children during the relevant period, as determined by reference to the custodial schedule set forth in the Agreement and Exhibit A (Holiday & Vacation Schedule).
Section 1.3 — "Right of First Refusal" or "ROFR." "Right of First Refusal" or "ROFR" means
Section 1.3 — "Right of First Refusal" or "ROFR." "Right of First Refusal" or "ROFR" means the right of the Non-Custodial Parent to care for the minor children in lieu of a third-party caretaker when the Custodial Parent is unavailable to personally care for the children for a period exceeding the ROFR Threshold, as more fully set forth in Article II of this Exhibit B.
Section 1.4 — "ROFR Threshold." "ROFR Threshold" means a period of eight (8) consecutive h
Section 1.4 — "ROFR Threshold." "ROFR Threshold" means a period of eight (8) consecutive hours of unavailability by the Custodial Parent, calculated in accordance with the provisions of Section 2.1 below.
Section 1.5 — "Written Notice." "Written Notice" means any communication delivered in writ Medium
⚑ Liability cap to check against exposure
Section 1.5 — "Written Notice." "Written Notice" means any communication delivered in writing by one party to the other by email, text message (SMS or Westmark Software), or other written electronic medium, sent to the contact information set forth in Section 7.1 of this Exhibit B. Written Notice shall be deemed received upon delivery confirmation, including but not limited to a delivery receipt, read receipt, or con
Section 1.6 — "Continental United States." "Continental United States" means the forty-eig Medium
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Section 1.6 — "Continental United States." "Continental United States" means the forty-eight (48) contiguous states of the United States of America and the District of Columbia, and expressly excludes the State of Alaska, the State of Hawaii, and all territories and possessions of the United States, including but not limited to Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islan
Section 1.7 — "Domestic Travel." "Domestic Travel" means travel with one or both of the mi
Section 1.7 — "Domestic Travel." "Domestic Travel" means travel with one or both of the minor children to any destination within the Continental United States but outside the State of California. For the avoidance of doubt, travel within the State of California is not Domestic Travel and is not subject to the notice requirements of Article III, except to the extent such travel constitutes On-Location Work governed by
Section 1.8 — "International Travel." "International Travel" means travel with one or both Medium
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Section 1.8 — "International Travel." "International Travel" means travel with one or both of the minor children to any destination outside the Continental United States, including but not limited to Canada, Mexico, and all other foreign countries, as well as the State of Alaska, the State of Hawaii, and all territories and possessions of the United States as enumerated in Section 1.6 above.
Section 1.9 — "On-Location Work." "On-Location Work" means work-related travel by either p
Section 1.9 — "On-Location Work." "On-Location Work" means work-related travel by either parent that requires the parent to be away from his or her residence in the greater Los Angeles metropolitan area for purposes of employment, engagement, or professional obligation in the entertainment industry or otherwise. For the purposes of this Exhibit B, the "greater Los Angeles metropolitan area" shall be defined as the ge
Section 1.10 — "Parenting Plan Coordinator." "Parenting Plan Coordinator" means Dr. Marcus Medium
⚑ Notice / time limit to track
Section 1.10 — "Parenting Plan Coordinator." "Parenting Plan Coordinator" means Dr. Marcus W. Ingalls, Licensed Marriage and Family Therapist (California License No. LMFT 89412), of Ingalls & Cuevas Family Counseling, located at 10880 Wilshire Boulevard, Suite 630, Los Angeles, California 90024, or such successor coordinator as the parties may mutually agree upon in writing or as the Court may appoint upon applicatio
ARTICLE II — RIGHT OF FIRST REFUSAL
ARTICLE II — RIGHT OF FIRST REFUSAL
Section 2.1 — General ROFR Obligation. If the Custodial Parent will be unavailable to pers Medium
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Section 2.1 — General ROFR Obligation. If the Custodial Parent will be unavailable to personally care for the minor children for a period exceeding eight (8) consecutive hours during his or her custodial time, the Custodial Parent shall first offer the Non-Custodial Parent the opportunity to care for the children during the anticipated period of unavailability before engaging any third-party caretaker, including but
Section 2.2 — Notice Requirement for ROFR. The Custodial Parent shall provide Written Noti Medium
⚑ Notice / time limit to track
Section 2.2 — Notice Requirement for ROFR. The Custodial Parent shall provide Written Notice to the Non-Custodial Parent of the anticipated period of unavailability as soon as practicable after the Custodial Parent becomes aware of the need to be absent, and in any event no later than twenty-four (24) hours before the anticipated start of the unavailability period. In the event the need for the Custodial Parent's abs
Section 2.3 — Acceptance or Declination. Medium
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Section 2.3 — Acceptance or Declination. (a) Response Deadline. The Non-Custodial Parent shall respond to the ROFR notice within four (4) hours of receipt, or such shorter period as is reasonable given the circumstances, including but not limited to situations in which the Custodial Parent's departure is imminent. A failure to respond within the applicable timeframe shall be deemed a declination of the ROFR. (b) Acce
Section 2.4 — Exceptions to ROFR. The Right of First Refusal shall not apply in the follow Medium
⚑ Liability cap to check against exposure
Section 2.4 — Exceptions to ROFR. The Right of First Refusal shall not apply in the following circumstances: (a) Family Care. The children are in the care of a grandparent, step-grandparent, aunt, uncle, or other immediate family member of the Custodial Parent who has an established relationship with the children. For the purposes of this exception, "immediate family member" includes the Custodial Parent's parents, s
Section 2.5 — Transportation. The parent exercising care under the ROFR shall be responsib
Section 2.5 — Transportation. The parent exercising care under the ROFR shall be responsible for transporting the children to and from the designated exchange point. The Custodial Parent shall not be required to transport the children to the Non-Custodial Parent's residence for purposes of a ROFR exchange, and the Non-Custodial Parent shall not be required to transport the children back to the Custodial Parent's resi
ARTICLE III — DOMESTIC TRAVEL NOTICE PROTOCOL
ARTICLE III — DOMESTIC TRAVEL NOTICE PROTOCOL
Section 3.1 — Notice Requirement for Domestic Travel with Children. Neither parent shall t Medium
⚑ Notice / time limit to track
Section 3.1 — Notice Requirement for Domestic Travel with Children. Neither parent shall travel with either or both of the minor children outside the State of California but within the Continental United States without providing the other parent with at least fourteen (14) calendar days' prior Written Notice. The fourteen (14) calendar day notice period shall be calculated from the date the Written Notice is deemed r
Section 3.2 — Content of Domestic Travel Notice. The Domestic Travel notice shall include
Section 3.2 — Content of Domestic Travel Notice. The Domestic Travel notice shall include the following information: (a) The destination or destinations to which the children will be traveling, including the city, state, and specific address(es) if known at the time of the notice; (b) The date and approximate time of departure and the date and approximate time of return; (c) The mode or modes of transportation to be
Section 3.3 — Consent Not Required for Domestic Travel. The written consent of the Non-Cus Medium
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Section 3.3 — Consent Not Required for Domestic Travel. The written consent of the Non-Custodial Parent is not required for Domestic Travel during the traveling parent's custodial time; however, the notice requirement set forth in Section 3.1 must be fully satisfied prior to departure. The parties acknowledge that the right to travel domestically with the children during one's own custodial time is a fundamental aspe
Section 3.4 — Emergency Domestic Travel. In the event of a bona fide emergency requiring D Medium
⚑ Notice / time limit to track
Section 3.4 — Emergency Domestic Travel. In the event of a bona fide emergency requiring Domestic Travel with the children — including but not limited to a family medical emergency, the serious illness or death of an immediate family member, or a natural disaster necessitating evacuation — the traveling parent shall provide Written Notice to the other parent as soon as reasonably practicable, and shall include all of
ARTICLE IV — INTERNATIONAL TRAVEL NOTICE AND CONSENT PROTOCOL
ARTICLE IV — INTERNATIONAL TRAVEL NOTICE AND CONSENT PROTOCOL
Section 4.1 — Notice and Consent Requirement for International Travel. Neither parent shal Medium
⚑ Notice / time limit to track
Section 4.1 — Notice and Consent Requirement for International Travel. Neither parent shall take either or both of the minor children outside the Continental United States without (i) providing the other parent with at least thirty (30) calendar days' prior Written Notice, and (ii) obtaining the other parent's express written consent. The thirty (30) calendar day notice period shall be calculated from the date the Wr
Section 4.2 — Content of International Travel Notice. The International Travel notice shal
Section 4.2 — Content of International Travel Notice. The International Travel notice shall include the following information: (a) The destination country or countries to which the children will be traveling, including the specific city or cities and the address(es) where the children will be staying; (b) The dates of departure and return, including any anticipated layovers or intermediate stops; (c) The mode or mode
Section 4.3 — Withholding of Consent. Consent to International Travel shall not be unreaso Medium
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Section 4.3 — Withholding of Consent. Consent to International Travel shall not be unreasonably withheld, conditioned, or delayed by the Non-Custodial Parent. The parties acknowledge that reasonable international travel can be enriching for the children and that both parents should support the children's exposure to diverse cultures and experiences when such travel can be undertaken safely and responsibly. Reasonable
Section 4.4 — Passport Possession and Surrender. Each child's United States passport shall
Section 4.4 — Passport Possession and Surrender. Each child's United States passport shall be held by Mother at her residence at 1742 Laurel Canyon Boulevard, Unit 3A, Studio City, California 91604, and shall be maintained in a secure location at all times. Mother shall ensure that each child's passport remains current and valid, and shall cooperate with Father in the timely renewal of the children's passports. When
Section 4.5 — Emergency International Travel. In the event of a bona fide emergency requir Medium
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Section 4.5 — Emergency International Travel. In the event of a bona fide emergency requiring International Travel with the children — including but not limited to a medical emergency requiring treatment at a facility outside the Continental United States, or the serious illness or death of an immediate family member residing abroad — the traveling parent shall proceed as follows: (a) The traveling parent shall provi
ARTICLE V — ON-LOCATION WORK TRANSFER PROVISION
ARTICLE V — ON-LOCATION WORK TRANSFER PROVISION
Section 5.1 — Applicability. This Article V applies equally to both Mother and Father and
Section 5.1 — Applicability. This Article V applies equally to both Mother and Father and addresses the automatic transfer of custodial time when either parent's On-Location Work requires travel away from the greater Los Angeles metropolitan area (as defined in Section 1.9) for more than fourteen (14) consecutive calendar days. The parties acknowledge that the nature of the entertainment industry frequently requires
Section 5.2 — Father's On-Location Work. If Father (Rafael Joaquín Medrano) accepts On-Loc Medium
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Section 5.2 — Father's On-Location Work. If Father (Rafael Joaquín Medrano) accepts On-Location Work — including but not limited to feature film production, episodic television production, commercial production, documentary production, music video production, or any other production or professional engagement undertaken through Medrano Visuals, LLC or otherwise — that requires Father to be away from the greater Los A
Section 5.3 — Mother's On-Location Work. The provisions of Section 5.2 shall apply recipro Medium
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Section 5.3 — Mother's On-Location Work. The provisions of Section 5.2 shall apply reciprocally to Mother (Marguerite Delphine Fonseca). If Mother's work at Luminos Entertainment Group, Inc. or otherwise requires Mother to travel away from the greater Los Angeles metropolitan area for more than fourteen (14) consecutive calendar days — including but not limited to travel for production oversight, content development,
Section 5.4 — Make-Up Time. The parent whose custodial time was transferred under this Art
Section 5.4 — Make-Up Time. The parent whose custodial time was transferred under this Article V shall be entitled to make-up custodial time equal to the number of overnights lost during the on-location period. Make-up time shall be scheduled by mutual written agreement of the parties within sixty (60) calendar days following the conclusion of the On-Location Work period (i.e., the date on which the traveling parent
Section 5.5 — Repeated or Extended On-Location Absences. If either parent's On-Location Wo
Section 5.5 — Repeated or Extended On-Location Absences. If either parent's On-Location Work results in the transfer of custodial time under this Article V for more than a cumulative total of forty-five (45) calendar days in any twelve-month period (measured from the anniversary of the court order entered February 9, 2024, in Case No. 22STFL09847, Superior Court of California, County of Los Angeles), either party may
Section 5.6 — Communication During On-Location Absences. During any On-Location Work absen
Section 5.6 — Communication During On-Location Absences. During any On-Location Work absence under this Article V, the traveling parent shall have reasonable and regular video and telephone contact with the minor children, and the custodial parent shall facilitate such contact. At a minimum, the traveling parent shall have one (1) daily video call with the children of at least fifteen (15) minutes' duration, schedule
ARTICLE VI — DISPUTE RESOLUTION
ARTICLE VI — DISPUTE RESOLUTION
Section 6.1 — Parenting Plan Coordinator. Any dispute arising under this Exhibit B — inclu Medium
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Section 6.1 — Parenting Plan Coordinator. Any dispute arising under this Exhibit B — including but not limited to disputes regarding the application, interpretation, or enforcement of the ROFR provisions, travel notice requirements, on-location work transfers, make-up time scheduling, or any other matter governed by this Exhibit B — shall first be submitted to the Parenting Plan Coordinator, Dr. Marcus W. Ingalls, LM
Section 6.2 — Mediation. If the Parenting Plan Coordinator is unable to resolve the disput Standard
⚑ Commercial term
Section 6.2 — Mediation. If the Parenting Plan Coordinator is unable to resolve the dispute within fourteen (14) calendar days of receiving the referral, either party may request mediation before a qualified family law mediator. The mediator shall be selected by mutual agreement of the parties, or, if the parties cannot agree on a mediator within seven (7) calendar days of the request for mediation, by the Parenting
Section 6.3 — Court Intervention. If mediation is unsuccessful, if the parties are unable
Section 6.3 — Court Intervention. If mediation is unsuccessful, if the parties are unable to agree on a mediator, or if the matter is urgent and involves imminent travel or a time-sensitive issue that cannot reasonably await the completion of the mediation process, either party may file an appropriate Request for Order (Judicial Council Form FL-300) or other motion with the Superior Court of California, County of Los
ARTICLE VII — GENERAL PROVISIONS
ARTICLE VII — GENERAL PROVISIONS
Section 7.1 — Contact Information and Notices. All Written Notices required or permitted u Medium
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Section 7.1 — Contact Information and Notices. All Written Notices required or permitted under this Exhibit B shall be sent to the following addresses and contact information: To Mother: Marguerite Delphine Fonseca 1742 Laurel Canyon Boulevard, Unit 3A Studio City, California 91604 Email: As set forth in the Confidential Contact Information Sheet filed under seal with the Court Telephone: As set forth in the Confiden
Section 7.2 — Modification. This Exhibit B may be modified only by (i) a written agreement
Section 7.2 — Modification. This Exhibit B may be modified only by (i) a written agreement signed by both Mother and Father, filed with the Superior Court of California, County of Los Angeles, in Case No. 22STFL09847, and approved by the Court, or (ii) a court order issued upon the motion of either party in accordance with applicable California law. No oral agreement, course of dealing, or informal understanding betw
Section 7.3 — Confidentiality. The terms of this Exhibit B are subject to the mutual non-d Medium
⚑ Confidentiality undertaking
Section 7.3 — Confidentiality. The terms of this Exhibit B are subject to the mutual non-disparagement and confidentiality provisions set forth in the Agreement. Neither party shall disclose the contents of this Exhibit B to any third party except (i) the party's legal counsel, (ii) the party's tax or financial advisors to the extent necessary for tax planning or compliance purposes, (iii) the Parenting Plan Coordina
Section 7.4 — Governing Law. This Exhibit B shall be governed by and construed in accordan High
⚑ Non-compete / exclusivity restraint
Section 7.4 — Governing Law. This Exhibit B shall be governed by and construed in accordance with the laws of the State of California, including without limitation the California Family Code, the California Code of Civil Procedure, and the California Rules of Court, as applicable. The Superior Court of California, County of Los Angeles, shall have exclusive jurisdiction over all matters arising under or related to th
Section 7.5 — Severability. If any provision of this Exhibit B, or the application of any
Section 7.5 — Severability. If any provision of this Exhibit B, or the application of any provision to any person or circumstance, is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Exhibit B, and the remaining provisions shall continue in full force and effect. To the extent permitted by law, t
Section 7.6 — Integration with Agreement. This Exhibit B is incorporated into and forms an
Section 7.6 — Integration with Agreement. This Exhibit B is incorporated into and forms an integral part of the Stipulated Custody & Parenting Plan Agreement dated January 31, 2024. The provisions of this Exhibit B shall be read and interpreted in conjunction with the Agreement, Exhibit A (Holiday & Vacation Schedule), and any other exhibits or attachments to the Agreement. In the event of any conflict or inconsisten
Section 7.7 — Effective Date. This Exhibit B shall become effective upon the entry of the
Section 7.7 — Effective Date. This Exhibit B shall become effective upon the entry of the court order approving the Stipulated Custody & Parenting Plan Agreement by the Superior Court of California, County of Los Angeles, in Case No. 22STFL09847. The court order approving the Agreement was entered on February 9, 2024 (the "Effective Date"). All rights and obligations under this Exhibit B shall be deemed to have comme