THIS AGREEMENT FOR DRIVER TRAINING PROGRAM (this “Agreement”) is made as of the date listed below between:

Participant Name:                  

Address:                                    

City/State/ZIP:                        

Phone:                                        

Participant’s Date of Birth:  

For “Student”, and Altitude Driver Safety LLC, d/b/a AltitudeDriving.com, a Colorado Corporation, whose address is 7562 S University Blvd, Unit D, Centennial, CO 80122 (“Instructor”).

This agreement constitutes the entire contract between the school (Instructor) and Student, and any verbal assurances or promises not contained herein are not binding on either the school or the student.

In consideration of the mutual promises and agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows:

1. Scope of Services:  Instructor hereby agrees to provide Participant with either or both of the following services as purchased:

• 30 Hour Online Drivers Ed Instruction
• 6 Hours Behind-the-Wheel instruction

designed to meet the requirements of the State of Colorado (“Driver’s Education Program”). Student will have 3 months in which to complete the online drivers education training after registration. Extensions to this time period can be purchased later for an additional fee.  Behind-the-Wheel instruction must be completed within 12 months of the permit issue date.

Under this agreement, an Instructor may not provide Behind-the-Wheel instruction to more than two individual students per session.

2. Payment.  Student has paid in advance for the selected services.

3. Code of Conduct.  The Code of Conduct is applicable to the participant at all times during instruction. Student expressly acknowledges that failure of the participant to abide by the Code of Conduct may result in termination of this Agreement and immediate dismissal from the Driver Training Program. In the event of such dismissal, all fees paid to the Instructor shall be non-refundable.

4. Termination.  Except as set forth in Section 3 above, this Agreement may be terminated at any time by mutual consent of both parties, or by either party upon seven (7) days notice in writing and delivered by certified mail or in person to the other party. In the event of termination, all fees paid to Altitude Driver Safety Foundation will be subject to a prorated refund, only if we are found at fault for not providing service as described in Section 1 above.

5. Insurance.  Instructor agrees to carry and maintain in effect, at all times throughout the performance of this Agreement, insurance coverage, including contractual liability for bodily injury, death and property damages. The Student and Parent understand that certain hazards and risks are inherent in the operation of motor vehicles. The Student and Parent do assume all risks as may be incurred in the normal operation of a motor vehicle in the course of instruction. The Student and Parent hereby fully and completely releases the school, its agents and employees, from any and all liability whatsoever, and from any and all claims or cause of action resulting or arising from any damage or injuries suffered by the Student during the course of instruction or any extension thereof, to the extent that such claims shall not be covered by the Student’s insurance. The Student and Parent hereby further agree to indemnify and hold the school harmless from any claim made against it for any damage or injury suffered by any person, company, corporation, or other entity, growing out of the Student’s operation of a school vehicle, or as a result of the Student’s course of instruction, to the extent that such a claim isn’t covered by the school’s insurance coverage.

6. Limitation of Liability.  Instructor shall not be liable for any indirect, incidental, special, punitive or consequential damages for any breach of this Agreement. Student’s exclusive remedies for any and all claims related to the services provided by Instructor under this Agreement shall be limited to the total payments made for the Driver Training Program.

7. Notices.  All notices and other communications required or permitted to be given hereunder shall be in writing and any and all such items shall be deemed to have been duly delivered upon actual deposit in the United States Mail, postage prepaid, and addressed to the parties at their respective addresses set forth above.

8. Assignment.  The Student shall have no right to assign its respective rights and obligations under this Agreement, without prior written consent of the Instructor.

9. Governing Law.  This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado.

10. Amendments.  No change or modification of this Agreement shall be valid unless the same is in writing and signed by the parties hereto.

11. Severability.  If any section, paragraph, clause or provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Agreement, the intent being that the same are severable.

12. Cancelation Fees. A cancelation fee of $95 will be charged for any cancelation of behind-the-wheel lessons with less than 48 hours notice. This fee will be collected prior to the next lesson being scheduled. We will charge the fee for the following reasons:

i. If you fail to show for a scheduled lesson without calling, texting, or emailing to cancel at least 48 hours in advance.

ii. Forget to bring your permit or your license to your drive lesson.

iii. Show up more than 15 minutes late for your behind-the-wheel lesson.

Individual Release, Indemnity, and Assumption of Risk Agreement

Altitude Driver Safety LLC, d/b/a AltitudeDriving.com provides driver safety instruction to drivers in a controlled environment on law enforcement driving tracks and closed parking lots in Colorado. As a participant in any driving course or related activity provided by Altitude Driver Safety LLC, d/b/a AltitudeDriving.com, I acknowledge and voluntarily agree to each of the following:

A. Assumption of Risk. I fully understand that my presence at or participation in any driving instruction course or related activity provided by Altitude Driver Safety LLC, d/b/a AltitudeDriving.com may not only involve risk of serious injury or death, economic loss, property damage or loss that may result from my own actions, inactions or negligence, but also from the actions, inactions or negligence of others and/or the condition of the property, and I voluntarily agree to assume this risk.

B. Release/Covenant Not to Sue. I and any personal and legal representatives, heirs, successors and next of kin shall forever release, waive, discharge, and relinquish any claim of liability against Altitude Driver Safety LLC, d/b/a AltitudeDriving.com or any of their principals, affiliates, sponsors, volunteers, agents, officials, employees, successors, and assigns from any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney’s fees, judgments, liens, indebtedness and liabilities of every kind and character, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by myself or any other person in any way connected to, related to, or arising out of my presence at or participation in any driving instruction course or related activity, regardless of any negligence of Altitude Driver Safety LLC, d/b/a AltitudeDriving.com.

C. Indemnification. I and any personal and legal representatives, heirs, successors and next of kin shall forever agree to defend, hold harmless, and indemnify Altitude Driver Safety LLC, d/b/a AltitudeDriving.com, or any of their principals, affiliates, sponsors, volunteers, agents, officials, employees, successors, and assigns from any liability in any cause of action in law or equity which may be asserted against any of them for any act or omission arising out of my presence at or participation in any driving instruction course or related activity.

D. Vehicle Use and Safety. I understand that participation in the course provided by Altitude Driver Safety LLC, d/b/a AltitudeDriving.com will involve me driving my own vehicle, or involve my minor son or daughter (named as participant below) driving a vehicle I provide for their use in the course. I understand that the course skills will involve abrupt steering and hard braking which could cause wear on vehicle components. I certify that I have had my vehicle safety inspected, (to include steering, braking, suspension, tires, and other safety systems), prior to participation in this course, and agree that I am solely responsible for the condition of the vehicle I provide both before and after the course.

E. Insurance. I agree that it is my responsibility to have valid insurance and registration on the vehicle I provide, and understand that my personal insurance may not cover the activities in which I participate during any driving course or related activity as contemplated by this release and indemnification, and as such I further agree to act as my own insurer against all hazards and acts of any negligent person.

F. Student Actions. I agree that as the student, or parent of the student, I am solely responsible for the student’s actions while participating in this course. Any damages to the vehicle I provide, or any property owned by others, and/or personal injury to the student or others, caused by the student’s actions is my sole financial responsibility. I further agree and understand that any behavior that is deemed by Altitude Driver Safety LLC, d/b/a AltitudeDriving.com staff to be reckless or dangerous in nature, may result in the student being removed from the course and the driving facility.

G. Photos and Videos. Altitude Driver Safety LLC, d/b/a AltitudeDriving.com routinely takes photographs and records videos and drone footage of our driving courses. I hereby grant Altitude Driver Safety LLC, d/b/a AltitudeDriving.com, and its representatives the right to take photographs and/or record videos of driving action and student participation in the driving course or related activities, and understand that these may contain images of the student, and that Altitude Driver Safety LLC, d/b/a AltitudeDriving.com will retain the copyright, and right to use and publish this media for such purposes as publicity, education, advertising, and web and social media content.

I have carefully read this Release and Waiver of Liability and Assumption of Risk Agreement and fully understand its contents. This Agreement shall be contractual and should any part be invalidated by a court of law, the remaining parts shall remain in full force and effect. I am aware that by signing I have given up substantial rights, and I am signing the Agreement voluntarily. I acknowledge that there is no obligation to participate in any activity or to sign this Agreement, but I desire to do so. I certify that I am at least eighteen years of age and the participant.

If participant is under 18 years of age, a parent or guardian must sign this agreement and the parent or guardian who signs this agreement certifies that they have read, understand, and agree to be bound by each and every term set forth herein:

Signature of Parent/Guardian or Participant if over 18: