Terms & Conditions.
PLEASE READ: THIS AGREEMENT IS A LEGAL DOCUMENT. IT IS IMPORTANT THAT THE CLIENT, AND THEIR PARENT OR LEGAL GUARDIAN IF REQUIRED BY LAW, COMPLETELY READ AND UNDERSTAND THIS AGREEMENT BEFORE SIGNING. IF CLIENT(S) DO NOT UNDERSTAND ALL OF THE FOLLOWING, DO NOT SIGN UNTIL CLIENT(S) HAVE OBTAINED THE ADVICE OF AN ADULT FAMILY MEMBER, LEGAL GUARDIAN, OR ATTORNEY. CLIENT(S) UNDERSTAND THAT BY SIGNING AND SUBMITTING THIS AGREEMENT, THEY VOLUNTARILY ACCEPT ANY AND ALL RISK AND LIABILITY FOR ANY INJURY OR HARM THAT MAY OCCUR DURING THE TERM OF THIS AGREEMENT AND THEREAFTER.
AGREEMENT
This Agreement is entered into DATE by Vermont Driving School LLC (“the Company”), XXXXX and XXXXX (“Client(s)”). This Agreement will be effective as of DATE.
In consideration of the value that Client(s) will gain by receiving the Company’s services, and in recognition of the Company's reliance hereon, Client(s) voluntarily agrees to all the terms and conditions set forth in this Agreement.
PARTIES
The Client(s) and the Company (“Parties”) acknowledge, understand, and agree to all the terms and conditions for the Company’s services set forth as follows:
PARTIES’ RELATIONSHIP
The Company will remain an independent contractor and will not be considered an employee, broker, or agent of the Client(s).
LEARNER’S PERMIT
In-car lessons may begin only after Client has received their learner’s permit. If at any time before, or during, the course of instruction Client has their driving privilege suspended or revoked, they must notify the instructor. Client must have their original learner’s permit with them for all observations and driving lessons. Photocopies, laminated versions or illegible versions of a learner’s permit are not allowed.
PAYMENT TERMS AND CONDITIONS
The Client(s) hereby agrees to compensate the Company at $_____ per hour ahead of any services provided. Alternatively, Client(s) agrees to compensate the Company at $ ____ ahead of any package of services provided. Payment must be made in full at the time of enrollment unless other arrangements have been made (i.e., “pay as you go”). Checks should be made payable to XXXXX. All credit card payments are processed exclusively by a reputable third-party payment processor. The Company does not directly hold, process, or store any credit card or sensitive payment information. In paying by credit card, Client(s) agrees to be bound by the terms and conditions of our third-party payment processor.
ATTENDANCE, CANCELATIONS & REFUNDS
The Company’s attendance, cancelations and refund policies can be found in the Company’s “Policies” document, which Client(s) can read here. [LINK] The Company’s policies and “Policies” document are subject to change at any time with or without notice.
INCLEMENT WEATHER
The Company reserves the right to cancel or postpone any in-car lesson due to inclement weather. Any such canceled lesson may be rescheduled at the Company’s discretion.
CONFIDENTIALITY
The Company understands that all information provided by the Client(s) is sensitive personal and financial information. The Company will maintain the strictest level of confidentiality regarding such confidential information. This confidential information may include documents or information contained in computer software systems. The Company may share Client(s) data with third parties such as computer software, payment processing, and accounting programs.
DISCLAIMER OF WARRANTIES
The Company has no responsibility to Client(s) if the service provision does not lead to Client(s)’s desired result(s). The Parties agree that every student is different and may respond in a different manner to the techniques, instruction, methodology, or processes that may be taught or provided to the Client(s). Services, techniques, instructions, methodology and processes are provided “as is” and without guarantees or warranties of any kind, expressed or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. The Company does not warrant or guarantee (a) that our services will meet your expectations or requirements, or (b) the outcome, results or success of our services.
CLIENT(S) RESPONSIBILITY WHEN DRIVING
Client(s) agrees that they will, and that it is their exclusive and personal responsibility to, drive safely and comply with all laws and regulations when driving or on the road.
ASSUMPTION OF RISK.
Participation in driver education is voluntary in the state of Vermont and carries with it inherent dangers and risks. The specific risks will vary but always may include personal injury including serious and permanent injury, death, and destruction, damage or loss of property. Client(s) is aware of and appreciate such risks with full understanding of the possible consequences. These dangers and risks may be caused by either or all of the following: Client(s) own actions or inactions; and/or the actions or inaction of others participating/observing or otherwise being involved in the activity; and/or the road conditions in areas where the activities were Client(s) will be taken in order to learn to drive a motor vehicle take place. Client(s) hereby knowingly and voluntarily assume all risks of any nature, whether foreseeable or not. The Company shall not be liable in the event of incidental, consequential, special or exemplary damages in conjunction with, or arising out of, the use or performance of the services or any techniques, instructions, methods or processed that may be taught or provided. Client’s parent or legal guardian fully assumes all such risks, dangers and hazards and the possibility of personal injury, death, property damage, or loss resulting therefrom to their child or child for whom they are responsible.
LIABILITY
CLIENT(S), ON BEHALF OF HIM, HER OR ITS SELF, CLIENT(S)’S PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASES, DISCHARGES, AND FOREVER COVENANTS NOT TO SUE THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, OFFICERS, MANAGERS, MEMBERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM OR OVER ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, DEBTS, SUMS OF MONEY, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, LITIGATION COSTS, AND COSTS OF INVESTIGATION).
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY ACTION COVERED BY ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, PERSONAL INJURY, ACCIDENTS OR ILLNESSES (INCLUDING DISABILITY OR DEATH) AND PROPERTY DAMAGE OR LOSS, WHICH MIGHT ARISE EITHER DIRECTLY OR INDIRECTLY FROM SERVICES PROVIDED BY THE COMPANY AND / OR PARTICIPATION IN THE VERMONT DRIVING SCHOOL LLC DRIVER EDUCATION PROGRAM, INCLUDING THE NEGLIGENCE OF THE COMPANY.
This release is intended to be as broad and inclusive as permitted by Vermont law. Client(s) acknowledges that Vermont law may place limitations on releases for gross negligence or willful misconduct, and this release is intended to be effective to the maximum extent permissible.
INDEMNIFICATION
Without limiting the indemnification obligations expressly set forth in other sections of this Agreement, Client(s) agrees to indemnify, defend (unless the Company elects to defend themself), and hold harmless the Company, its affiliates, subsidiaries, officers, directors, employees, agents, representatives, licensors, partners, successors, and assigns (the “Indemnified Parties“) from and against any and all claims, demands, actions, causes of action, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees and litigation costs) arising out of or related to the Company’s provision of services.
VIDEO AND AUDIO POLICY
The Company may use in-car and in-classroom cameras during lessons for quality assurance, training and safety purposes. These cameras may include video and/or audio recording. The student and the student’s parent/legal guardian consent to the use of audio and/or video recording devices during in-car and in-classroom lessons. The student and the student’s parent/legal guardian release and hold harmless the Company as well as their agents, from any claims arising out of or connected to any allegations of eavesdropping, wiretapping or privacy infringement.
SOCIAL MEDIA POLICY
Client(s) hereby consent, give and grant the right to photograph their physical likeness in any manner the Company desires, use Client(s)’ name, and the right to reproduce Client(s)’ voice (or substitute and dub in foreign languages the voice of others) for use in and in connection with promoting, advertising, marketing of pictures or stories related to participation in Vermont Driving School LLC events or courses, and the exhibition of such pictures/video theatrically, by television, social media, or by any other means now existed or hereafter used or conceived. Client(s) expressly understands and agree that the pictures/videos, films, recordings, prints and copies thereof and all rights therein, and all results and proceeds of their appearance in connection herewith shall be the Company’s sole and absolute property for any and all purpose whatsoever in perpetuity, and the Company, its licensees, agents, representatives, successors and assigns shall have the unlimited right throughout the world to exhibit said pictures/videos or any part thereof, and by any manner or means, including, but not limited to, the right to rerun said pictures/videos on television and social media and to exhibit the pictures/videos theatrically throughout the world subject to no further payment or obligation whatsoever.
TERMINATION
This Agreement may be terminated at any time by either party upon written notice to the other party. Client(s) will be responsible for payment of all services performed up to the date of termination.
The Company reserves the right to terminate their relationship with Client(s) in the event the following instances, including but not limited to, occur:
Disruptive, abusive, or violent behavior
Attending sessions under the influence
Multiple no-shows or late cancellations
Tardiness in attendance
Misuse of equipment
Unauthorized use of electronic devices
Issues beyond the instructor’s scope of practice
DISPUTE RESOLUTION
Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Platform or services (collectively, “Disputes“) between Client(s) and the Company, shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this section. The arbitration will be conducted in XXXX, Vermont, unless otherwise agreed by the parties. The arbitrator’s decision will be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the State of Vermont, without regard to its conflict of law principles.
VENUE FOR LEGAL ACTIONS
To the extent that any lawsuit or court proceeding is permitted under this Agreement (e.g., for injunctive relief or to enforce an arbitration award), Client(s) and the Company agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in XXXXX, Vermont, for the purpose of litigating any such disputes.
SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
WAIVER
The failure of the Company to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the Company duly authorized representative.
TERMS AND CONDITIONS SUBJECT TO CHANGE
The Company’s Terms and Conditions are subject to change at any time with or without notice.
KNOWING AND VOLUNTARY AGREEMENT
Client(s) confirms that Client(s) has had ample opportunity to carefully read and fully understand this Agreement, including its inherent risk assumptions, releases of liability, and indemnification provisions. Client(s) acknowledges that this is a legally binding document that significantly affects Client(s)’s legal rights, including Client(s)’s right to sue the Company. Client(s) further confirms that Client(s) has been advised of the opportunity, and has had the opportunity, to consult with legal counsel of Client(s)’s choosing regarding this Agreement before accepting it. Client(s) is not relying on any statements or representations by the Company or their representatives other than what is expressly stated in this Agreement.
The parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
CLIENT:
________________________
[Client’s Name]
[Client’s Address]
[Client’s Phone]
[Client’s Email]
CLIENT’S PARENT OR LEGAL GUARDIAN IF CLIENT SO-NAMED ABOVE IS UNDER 18 YEARS OF AGE:
________________________
[Client’s Name]
[Client’s Address]
[Client’s Phone]
[Client’s Email]
COMPANY:
________________________
[Company’s Name]
[Company’s Address]
[Company’s Phone]
[Company’s Email]