Terms and Conditions
I understand and acknowledge that driving instruction is regulated by the State of Colorado, and as such should be considered a serious and important matter. Because DriveSafe programs are governed by state regulations, certain educational requirements must be met prior to Certification of any Program.
It is our expectation that:
Students will arrive for class on time and be prepared. Late attendance is a distraction to other students. Students arriving more than 15 minutes late for class may not receive credit for that particular class.
Students are expected to be courteous and respectful of fellow students and the instructors at all times. Inappropriate language and/or behavior at any time will be handled by the instructor and manager with the student first and then the parent will be contacted.
No texting, iPod/MP3 players, or cell phone use allowed during class and all devices must be muted or turned off during classroom sessions. Failure to comply may result in confiscation during class.
Violation of these rules/expectations will result in a verbal warning being issued. Continued disrespect or disruptive behavior will result in a call to the appropriate Parent/Guardian, and may further result in removal from that class without credit for the class. When the student returns at a later date to complete the program Drive Safe reserves the right if further violations persist to discontinue the student’s program without refund of enrollment fee(s).
Students must complete all phases of the curriculum in order to receive a “Certificate of Completion.” Under the State laws governing these programs, it is illegal to circumvent the personal requirements for completion of this course and willful misrepresentation or fraud will result in the student being expelled from the course without refund of enrollment fee(s).
The Student will be given a DriveSafe final exam as preparation for the Permit Test. (This is not the Permit Test – see below.)
Alternative testing techniques for students with reading, hearing, or learning challenges for the Permit Test may include a) a quiet location or b) reading the questions aloud. We will rely on the student or parent to advise us on the day of the Permit Test of the need for accommodations.
The Permit Test will be administered to all students 15 years of age or within one month of their 15th birthday at the completion of Class Eight with submission of Homework (assuming all other classes have been completed). Students must get no more than 5 questions incorrect to pass the Permit Test. DriveSafe can administer a second Permit Test to any student who has more than 5 questions but less than 10 incorrect on the same day the first Permit Test was administered. If the student fails a second time they must return another day to re-take the Permit Test. DriveSafe can administer up to 4 total Permit Tests to one individual. If a student fails 4 Permit Tests the Student must go to the DMV to take any additional tests.
PERMISSION FOR USE OF PHOTOGRAPHS AND/OR VIDEO
From time to time, DriveSafe may photograph our students completing driving-related or classroom learning activities. In addition, many of our vehicles have a video monitoring system that runs automatically to record the BTW lesson. This recording is used for training and monitoring purposes. Unless you advise us otherwise, acceptance of the Terms and Conditions will hereby grant permission to DriveSafe Driving Schools to photograph your student or yourself during activities held at or sponsored by DriveSafe Driving Schools and to use the photographs or video for DriveSafe Driving Schools promotional materials without compensation or approval.
ONLINE STUDENT INVESTIGATION REQUESTS
We are required by State law to ensure that students not only complete 30 hours of training, but that they also complete each module and quiz in the course. To ensure the accuracy and integrity of a student’s progress in the online program, we have three data systems that report back the date, time, hours spent in the course, and the chapter and quiz completions to date. The system is set up so that a student cannot advance to the next chapter without first passing the previous quiz with an 80% or better. If a student believes that data has been lost, a full investigation will proceed as follows:
Step 1: An online team representative speaks directly with the student to obtain as much information as possible regarding the data in question. Individual chapter issues will generally be handled at this time. If the issue involves multiple chapters, the representative will explain the process of an investigation and any fees that apply.
Step 2: Investigation and applicable fees: If a student requests that an investigation be completed, the parent or responsible party of the student must agree to a $75 research fee. In the event the research finds a systems issue, the fee will be waived; otherwise, access to the course will be restored upon payment of the research fee.
Step 3: Access to the course will be suspended for 24 – 72 hours so that an accurate investigation can take place.
Step 4: Investigation results will be presented and provided to the student and responsible party.
Intentional misreporting and dishonest practices including but not limited to cheating, will not be tolerated under any circumstances. If it is determined that a student misreported his/her progress that resulted in the investigation showing no progress was lost, the student may be reported to the State, and DriveSafe Driving Schools and be.DrivingAmerica reserves the right to deny continuation of the course due to flagrant behavior subverting completion of the course or abuse of the technology.
CANCELLATION AND REFUND POLICIES
All programs are non-transferable.
A $50 administrative refund fee will be charged on all enrollment refund requests. No refund will be given on any program already started by a student. No refunds will be given on any program one year after enrollment.
A $50.00 fee will be assessed for all Behind-the-Wheel driving lessons (does not include license tests) canceled with less than 24 hours notice or for failure to show up for the driving lesson. No refunds will be given for drive tests.
DSD: We will email you to ask you to confirm your DSD spot by the Monday before it is scheduled. If we do not hear from you we will release the spot on that Monday. If you cancel after confirming but before the date or do not show on that date a $50 late cancellation fee will be charged.
All Drive Tests are non-refundable. The Drive Test fee covers a single test only. Retests incur an additional drive test fee. Drive tests are by appointment only and we do not guarantee that you will be able to get a drive test on a certain day at a specific time. Drive Tests appointments can be changed up until 24 hours prior to the test without any penalty. Changes within 24 hours, arriving late, a no-show or failure to bring the correct paperwork will result in the fee being charged as the cancellation fee.
Refund exceptions may be made on a case by case basis at the sole discretion and approval of management.
DriveSafe and its affiliates are the sole owner of any information collected. DriveSafe collects information from various points, including in person and via our website. DriveSafe will not sell this information to any outside company unless at the express consent of the Contracting Party. DriveSafe is owned by Baron Education and may use this information for marketing purposes of sister companies owned by Baron Education.
Unless otherwise directed by the student or responsible party, DriveSafe will use the responsible party email provided by the student or customer to provide digital verification of completion of student activities into the State Department of Motor Vehicle system. Without direct communication otherwise by the responsible party, DriveSafe will assume that it has the full approval of the responsible party to use the email for this purpose.
WAIVER and LIMITATION OF LIABILITY
Student and Contracting Party acknowledge that the development of driving skills entails known and unanticipated risks which can result in physical and emotional injury, as well as damage to personal property or the property of others. Student and Contracting Party understand DriveSafe will use reasonable effort in accordance with the requirements of the State of Colorado Driver Education Compliance to reduce risk, but risk is nonetheless ever present while driving. DriveSafe warrants and represents that for all activities taking place in DriveSafe vehicles and classrooms insurance coverage is in place for the Student, including but not limited to auto, personal liability and property damage coverage, and in accordance with state and local laws, and will remain in force throughout the period of participation in the DriveSafe’s training program.
Student and Contracting Party warrant and represent that for any acitivity taking place in Contracting Party’s vehicle (Defensive Skills Day, Drive Tests, et al) adequate insurance coverage is in place for the Student, including but not limited to auto, personal liability and property damage coverage, and in accordance with state and local laws, and will remain in force throughout the period of participation in the DriveSafe’s training program. Student and/or Contracting Party in the case of a minor, hereby agree to indemnify and hold harmless DriveSafe from any and all claims, demands or causes of action which allege negligent acts or omissions of DriveSafe. Student and Contracting Party accept and assume all risk and responsibility for their actions during the program.
DRIVESAFE EVALUATION DISCLAIMER
DriveSafe Driving Schools and its agents and employees provide professional driving evaluations, written and verbal, as part of our overall service. Recommendations are based on the driving instructor’s experience with the student for the period of time the instructor is with the student only. Such recommendations cannot be construed to cover any period of time in the future when circumstances may change or be different and, in all cases, would be unforeseen by DriveSafe and its agents and employees. DriveSafe cannot evaluate a student’s fitness to drive beyond what is observed during the driving lesson or evaluation drive. Any medical condition that may affect fitness to drive must be evaluated by a medical provider.
GOVERNING LAW AND CONDITIONS REQUIRED BY THE STATE TO BE STIPULATED
This contract will be governed by the laws of the State of Colorado.
This agreement constitutes the entire contract between the school and the student, and any verbal assurances or promises not contained herein are not binding on either the school or the student. In accordance with State regulations “under this agreement an instuctor may not provide behind-the-wheel training to more than two individual students per session.” At DriveSafe it is not our policy to do so at any time.
ACCEPTANCE OF TERMS AND CONDITIONS
Acceptance of the Terms and Conditions will be deemed acknowledgment that you have read or been made aware of them orally and agree to them as stated. Acceptance will constitute your agreement to the total consideration or payment to be made for your package. Failure to make full payment will render DriveSafe’s obligations to provide services null and void.