DRIVING SCHOOL AGREEMENT
This Driving School Agreement (hereinafter referred to as the “Agreement”) is made on [INSERT DATE ON WHICH THE AGREEMENT COMES INTO FORCE] (hereinafter referred to as the “Effective Date”) between:
[INSERT NAME OF THE DRIVING SCHOOL], having registered office at [ADDRESS OF THE DRIVING SCHOOL](hereinafter referred to as the “Institution” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns); and
[INSERT NAME OF THE STUDENT ] residing at [INSERT ADDRESS OF THE STUDENT] (hereinafter referred to as the “Student” which expression shall, unless repugnant to the context or meaning thereof, means and includes its legal representatives, executors, administrators and permitted assigns).
The “Institution” and the “Student” together shall be referred to as “Parties” and individually as a “Party”.
WHEREAS
- The Institution is duly licensed and authorized to provide comprehensive driving lessons to the student, in accordance with the regulation set forth by [INSERT REGULATORY AUTHORITY].
- The student desires to receive such driver training lessons from the Institution in order to obtain the necessary skills and knowledge to safely operate a four-wheeler vehicle.
- The Parties mutually agree to the terms and conditions outlined in this Agreement, which governs the working relationship between the parties.
- The parties are duly authorized and have the capacity to enter into this agreement.
- Both the parties affirm to understand the provisions contained herein and in case either party requires clarification as to one or more provisions, either party has had the right to seek clarifications or sought legal guidance.
NOW, THEREFORE, in consideration of the mutual promises contained herein and intending to, be legally bound, the Parties have agreed as follows:
- DEFINITIONS
- "Student" refers to the individual engaging the training services of the Institution under this Agreement.
- "Institution" refers to the entity who is engaged in providing the Driving training and lessons classes to the Student under this Agreement.
- "Training" shall mean driving classes and services to be provided by the Institution to the Student, as detailed in this agreement.
- STUDENT DETAILS
- NAME:[INSERT NAME OF THE STUDENT]
- ADDRESS:[INSERT ADDRESS OF THE STUDENT]
- DOB:
- MOBILE NUMBER:
- EMERGENCY CONTACT NUMBER:
- EMAIL:
- SERVICES PROVIDED
- The Institution agrees to provide the following services to the student:
- Classroom Instruction: Comprehensive instruction on traffic laws, rules of the road, defensive driving techniques, and safe driving practices. This may include lectures, discussions, multimedia presentations, and interactive learning activities.
- Behind-the-Wheel Training: Practical driving lessons conducted with a certified driving instructor. Students learn vehicle control, maneuvering techniques, parking skills, navigating different road conditions, and developing safe driving habits.
- Driver Education Courses: Structured courses designed to prepare students for obtaining a driver’s license. These courses may cover topics such as road signs, signals, driving in various weather conditions, highway driving, and emergency procedures.
- Preparation for Driving Tests: Assistance and guidance in preparing for written knowledge tests and practical driving tests required to obtain a driver’s license. This may include practice tests, mock exams, and individualized instruction to address areas of weakness.
- TRAINING PROGRAM
- The Institution offers a wide range of training programs, tailored to meet the needs and preferences of the student:
- These programs include: [INSERT TRAINING PROGRAMS PROVIDED BY THE INSTITUTION].
- Basic Driver Education Program – [INSERT DURATION OF BASIC DRIVER EDUCATION PROGRAM]
- Comprehensive Training Program – [INSERT DURATION OF COMPREHENSIVE TRAINING PROGRAM]
- Intensive Driving Course – [INSERT DURATION OF INTENSIVE DRIVING COURSE]
- Advanced Defensive Driving Course – [INSERT DURATION OF ADVANCED DEFENSIVE DRIVING COURSE]
- [INSERT OTHER ADDITIONAL PROGRAMS, IF ANY] – [INSERT DURATION OF OTHER ADDITIONAL PROGRAMS]
- The duration of each program shall be determined based on the curriculum, student progress, and applicable driving regulations. The Driving School reserves the right to update or modify the program structure as necessary.
- FEES AND PAYMENT
- The student shall pay [INSERT AMOUNT PAYABLE BY STUDENT FOR THE OPTED PROGRAM] for selected training program plus any other taxes imposed by any federal, state or local government and any other amounts owed under this Agreement to the Institution.
- All payments made to the Institution under this Agreement must be in [currency].
- TERM AND TERMINATION
- The term of this agreement shall be determined based on the training program selected by the student.
- This agreement shall automatically terminate upon the expiration of the selected Program, unless renewed or terminated earlier in accordance with the terms outlined herein.
- Notwithstanding any other provisions herein contained, and without prejudice to any other rights, either party shall have the right to terminate the present Agreement by giving the other party a written notice of [INSERT NOTICE PERIOD TO TERMINATE THE AGREEMENT] days.
- The Institution may terminate the agreement if there is a material breach of the terms of this agreement.
- HEALTH AND SAFETY
- The Institution and the Student acknowledge the importance of maintaining good health and safety practices during the duration of driving education and training services.
- The student agrees to notify the Institution of any medical conditions, disabilities, or impairments that may affect their ability to safely operate vehicle or participate in driving instruction sessions.
- The Institution agrees to provide a safe and conducive learning environment, including properly maintained vehicles, qualified instructors, and adherence to all applicable health and safety regulations.
- In the event that the student experiences any health-related issues during driving instruction sessions, the student agrees to immediately inform the instructor and follow their instructions. Both parties agree to prioritize the health and safety of all individuals involved in the driving education and training process.
- The Institution reserves the right to suspend or terminate driving instruction sessions if, in its sole discretion, there are concerns regarding the student’s health or safety.
- By signing this agreement, the student acknowledges that they are in good health and capable of participating in driving instruction sessions.
- The student further agrees to indemnify and hold the Institution harmless from any claims, liabilities, or damages arising from the Student’s failure to disclose relevant health information or comply with health and safety instructions during driving instruction sessions.
- RISKS ASSOCIATED
- The student acknowledges that participating in driving instruction sessions and operating a vehicle inherently involves certain risks, including but not limited to:
- Risk of accidents, collisions, or property damage.
- Risk of personal injury or bodily harm to oneself or others.
- Risk of damage to or loss of personal property.
- The student understands and accepts that these risks cannot be entirely eliminated, despite the best efforts of the Institution to provide comprehensive instruction and maintain a safe learning environment.
- By signing this agreement, the Student acknowledges and assumes all risks associated with participating in driving instruction sessions and agrees to release, indemnify, and hold harmless the Institution, its instructors, employees, agents, and affiliates from any and all claims, liabilities, damages, or expenses arising from or related to the Student’s participation in driving instruction sessions, except to the extent caused by the gross negligence or willful misconduct of the Institution.
- The Student further agrees to adhere to all safety guidelines, instructions, and regulations provided by the Institution during driving instruction sessions, and to exercise due care and caution while operating a motor vehicle.
- The Institution shall not be liable for any accidents, injuries, damages, or losses incurred by the Student during driving instruction sessions, except to the extent caused by the gross negligence or willful misconduct of the Institution.
- The Student acknowledges that they have read and understood this Risks Associated Clause and voluntarily agree to its terms.
- RULES AND RESPONSIBILITIES
- The student agrees to comply with all rules, regulations, and instructions provided by instructors and staff, as well as all applicable traffic laws and regulations.
- The student agrees to prioritize safety at all times, both as a driver and as a passenger, and to adhere to all safety guidelines and protocols provided by the Institution.
- The Institution agrees to maintain a safe learning environment for all students, including properly maintained vehicles, qualified instructors, and adherence to safety protocols.
- Failure to comply with these rules and responsibilities may result in disciplinary action, up to and including termination of enrollment in the Institution’s program.
- FORCE MAJEURE
- Neither party shall be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters (e.g., floods, earthquakes, hurricanes), war, terrorism, riots, labour strikes, governmental actions, epidemics or pandemics, power outages, or other similar events ("Force Majeure Events").The affected party shall promptly notify the other party in writing of the occurrence of a Force Majeure Event, providing reasonable details of the event, its expected duration, and the steps being taken to mitigate its impact. Failure to provide timely notice may result in the affected party forfeiting its rights under this clause. If a Force Majeure Event continues for a period exceeding [INSERT THE NUMBER OF DAYS CONSTITUTING PERIOD EXCEEDING WHICH, IF THE FORCE MAJEURE CONTINUES, EITHER PARTY MAY TERMINATE THE AGREEMENT] days, either party may terminate this Agreement upon written notice to the other party without further liability, except for obligations accrued prior to the Force Majeure Event.
- APPLICABLE LAW
- This Agreement shall be governed by and constructed in accordance with the Laws, rules, orders and regulations of [INSERT THE COUNTRY/STATE OF APPLICABLE LAWS].
- The Parties shall resolve all disputes in connection with the validity or interpretation of this Agreement, unless otherwise expressly stated in the Agreement, in the following manner:
- By direct negotiations between the Sponsor and Influencer.
- If negotiations between the parties are unsuccessful, the matter shall be referred to the competent court sitting at [INSERT THE COURT WHICH SHALL HAVE EXCLUSIVE JURISDICTION IN CASE OF UNSUCCESSFUL NEGOTIATIONS] which shall have exclusive jurisdiction in all matters arising there from unless otherwise agreed between the Parties in writing.
- NOTICES
- Any notice, request, demand, consent or other communication required or permitted under this Agreement shall be in writing and sent either via email on the email address as provided by the parties and shall be considered sent when the email is sent to the correct email address of the party or shall be given by personal delivery (including courier) by certified mail (confirmed by mail) addressed to the party for which it is intended at the address below and shall be deemed to be given on the day of delivery or transmission if within during normal business hours, or, if after business hours, on the next following Business Day, or if mailed by registered or certified mail, on the day which is seven (7) Business Days after such notice is mailed during normal postal conditions. In the event of a postal disruption, any notice mailed will be deemed received on the seventh (7th) Business Day following resumption of regular postal service:
- If to the Student: [INSERT EMAIL ID OR/AND ADDRESS OF STUDENT]
- If to the Institution: [INSERT EMAIL ID OR/AND ADDRESS OF INSTITUTION]
- Either party may change its address/email address for notices and other communications upon notice to the other party in the manner aforesaid.
- DISPUTE RESOLUTION
- The Parties shall endeavor to resolve any differences of opinion which may arise between them with respect to the provisions of this Agreement by negotiation between themselves personally or with the assistance of their attorneys and unless in the opinion of any party, acting reasonably, the matter in dispute is of such significant nature to warrant it being addressed otherwise, no party shall commence any public proceedings until the negotiations have failed to produce a resolution. In furtherance of the provisions of this paragraph, all Parties hereby agree to make themselves available on short notice and to negotiate promptly and in good faith, any matter any party may wish to negotiate.
- All disputes arising under this agreement shall be governed by and interpreted in accordance with the Arbitration laws of [INSERT COUNTRY/STATE OF ARBITRATION] , without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this Agreement to Arbitration in [INSERT COUNTRY/STATE OF ARBITRATION] before a single arbitrator .The arbitrator shall be selected by mutual agreement of the parties. The venue of Arbitration proceedings shall be [INSERT NAME OF COUNTRY AND CITY WHERE ARBITRATION SHALL BE CONDUCTED] No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. The decision of the Arbitrator shall be final and binding upon the parties.
- MISCELLANOUS
- Modifications: Except as otherwise provided herein this Agreement shall not be amended or otherwise modified unless the modification or amendment is done in writing, signed and has been mutually agreed by both the parties.
- Language: The language of all communications between the parties pursuant to this Agreement, including notices and reports, will be the English.
- Severability: If any provision of this Agreement shall, to any extent, be held to be invalid or unenforceable, it shall be deemed to be separate and severable from the remaining provisions of this Agreement, which shall remain in full force and effect and be binding as though the invalid or unenforceable provision had not been included.
- Entire agreement: This agreement along with all the Exhibits constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. This Agreement may be executed in identical duplicate counterparts, each of which shall be deemed an original, and both of which together shall constitute one and the same instrument.
- No Waiver: Any failure or delay of any Party hereto in exercising any right or privilege with respect to this Agreement shall not be construed to be a waiver or to affect the validity of any part of the Agreement and shall not retrain any of the Parties to enforce any of the provisions of the Agreement.
- Amendments and Assignments: Any amendments to this Agreement shall be made, only if, both Parties agree upon such amendment in writing. This Agreement shall not be assigned by either party without the express, written consent of the other party.
- Headings: The headings upon the various sections are solely for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.
- DECLARATION
- The parties hereby understand and expressly agree to the provisions laid down in the present agreement and in good faith, undertake that both parties shall follow the terms of this agreement in good conscience in order to secure better growth of both the Parties
IN WITNESS WHEREOF, the parties, intending to be legally bound, have each executed this agreement as of the effective date.
Signed, sealed and delivered on behalf of Institution
Name: [INSERT NAME OF THE INSTITUTION/SIGNING AUTHORITY AND DESIGNATION]
Signature:
Date: [INSERT SIGNING DATE OF INSTITUTION]
Signed, sealed and delivered on behalf of Student
Name: [INSERT NAME OF THE STUDENT/SIGNING AUTHORITY AND DESIGNATION]
Signature:
Date: [INSERT SIGNING DATE OF STUDENT]