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.
”This agreement constitutes the entire contract between the school and student, and any verbal assurances or promises not contained herein are not binding on the school or student.”
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first set forth below.
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: