IT IS IMPORTANT THAT YOU CARFULLY REVIEW THESE TERMS AND CONDITIONS UPON REGISTERING FOR ANY OF OUR SERVICES.
- This Agreement is between you and ALLGOOD DRIVING SCHOOL, hereby referred to as “AGDS”. It refers to the services provided by AGDS as described on our website, www.allgooddrivers.com. You must read and accept the terms and conditions described in this Agreement by clicking on the “I agree” button during registration on our website. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL OF THE BINDING TERMS OF THIS AGREEMENT. If the student is under 18 years old, you also acknowledge that you are the parent or legal guardian of the student and that you are at least 18 years of age.
Parental Consent: The parent/guardian of a minor student hereby agrees to allow their son/daughter to take part in one-on-one driving lessons with an AGDS instructor and to partake in all of the mandatory curriculum and courses that correspond with the program in which the student is enrolled. The parent assumes and accepts all responsibility of their minor child’s actions, and all terms of this agreement apply equally to the actions performed by the minor child or the parent. If the student is an adult, they accept all responsibility of their own actions, and all terms of this agreement apply directly to them.
Payments: Acceptable forms of payment are Visa, MasterCard, American Express, Discover, or debit card, and payments are due at the time of scheduling the appointment through the website.
Cancellation/Reschedule/Change of details:
More than 24 hours notice: NO CHARGE TO RESCHEDULE. $6 FEE TO CANCEL AND REFUND. Please plan ahead and save us all money! If you wish to cancel or reschedule an appointment with more than 24 hours notice from the scheduled start time, you may do so via our online scheduler by using the link contained in the confirmation email that you received. If you are rescheduling the appointment, this will carry your payment along to the new appointment for no additional fee. If you are canceling the appointment, a refund must be processed and will be applied to the original payment source. A $6 processing fee will be charged and will be deducted from the refund.
4-24 hours notice: $30 CHARGE. If you wish to cancel or reschedule an appointment with 4 to 24 hours notice from the scheduled start time, you must text 916-866-8051 with the students first and last name, a clear description of your intent, and your scheduled appointment time. The request will be granted based on the stamp time of the message, and a refund will be given to the original payment source, minus the $30 fee.
Less than 4 hours notice or no show: $75 charge. If you wish to cancel or reschedule an appointment with less than 4 hours notice from the scheduled start time, you must text 916-866-8051 with the students first and last name, a clear description of your intent, and your scheduled appointment time. The request will be granted based on the stamp time of the message, and a refund will be given to the original payment source, minus the $75 fee.
Discontinuing the lesson after the scheduled start time for any reason: Student pays full price for lesson and receives no refund. If you wish to stop the lesson at any time during the lesson, you must text 916-866-8051 with the students first and last name, a clear description of your intent, and your scheduled appointment time. The request will be granted based on the stamp time of the message, and no refund will be given.
Exceptions to the Cancellation/Reschedule/Change of details policy: We conduct lessons in all weather situations, except if there is ice or snow actively sticking to the roadways in the path of travel. In that situation, we will be in communication with you, and the cancellation fee will be waived. If an unexpected situation occurs with the roadways, our vehicles, or our instructors, that prohibits us from providing our scheduled appointment to you, the cancellation fee will be waived. If there is a change of pick up or drop off location, and it is in the same service zone as the original pick up or drop off, we may be able to waive any change fees if we have enough time to notify the instructor without impacting the scheduled lesson. However, this is entirely at our discretion, and the student must be prepared for the change fees described above to apply. There are no other exceptions to the cancellation or reschedule policy. The policy remains in effect in the case of not having a valid permit, illness, and any other circumstance. Students may not expose our instructors to illness in an attempt to save money. Students must cancel or reschedule their appointment if they have had a fever within 24 hours, or are displaying active signs of sickness. The instructor reserves the right to discontinue the lesson at any time if they feel the student is putting their health at risk, and the cancellation policy will apply. We understand that unexpected situations arise, so we do not ask any questions, and in most situations we also suffer a financial loss along with the student. It is a risk that both of us must be willing to take.
Refunds: All refunds are returned to the original payment source and are processed immediately on our end, in adherence to the Cancellation Policies stated above. However, your personal bank, and the credit card processing service, may take several business days to return the funds to your account. Refunds are not available for services rendered.
Learner’s Permit and Required paperwork: You must have a valid California permit or driver’s license in your possession at all times during your lesson. A photocopy or a photo on your phone can be accepted, but it must be a photo of the main page of your permit. The receipt, or any other pages, are not acceptable. We offer you the opportunity to upload a photo upon registration as a courtesy to you. However, it is your responsibility to ensure that you have uploaded the correct documentation and that it will be valid at the time of your lesson. If you have registered for a service to use our vehicle for your drive test appointment, it is your responsibility to ensure that you have all of the required paperwork for your test appointment. You should obtain this information directly from the DMV. We will provide all of the necessary documentation for the vehicle itself.
Geographical Restrictions: It is your responsibility to ensure that each service you sign up for is scheduled in the correct service zone for your desired pick up and drop off locations. Our various service zones and their respective boundaries can be found on our website by using the address input fields on the first page of our scheduling software. The pick up and the drop off locations may be different, but both must be in the same service zone that you schedule in. Students are welcome to schedule in any service zone that they designate a pick up and drop off location in. We can pick up and drop off from any business, school, or residence located on public and paved roadways within the service area boundaries of the zone that you schedule in. We do not travel off of paved roads, and students must meet at the end of the pavement nearest their pickup location. If we notice that you have scheduled your appointment in the wrong service zone, we will often assist you with the mistake by canceling and refunding for the appointment. However, we do not assume responsibility for your accuracy in scheduling the appointment, and the cancellation policy will apply if we do not notice your mistake in advance.
Scheduling Accuracy: You are solely responsible for the information that you enter upon registering and scheduling. Any mistakes, omissions, or misrepresentations that are made that result in an infringement of our cancellation policy, will still be subject to the cancellation policy fees. If the student is meeting the instructor at a public meeting spot or school, it is the student's responsibility to look all around the parking area for our marked vehicle and to approach it when they see it.
Late Arrivals: We respect our student’s schedules, and our instructor’s personal lives. Since we have numerous students scheduled each day, and since numerous people are impacted by late arrivals, all of our lessons begin PROMPTLY at the scheduled start time. If you are late arriving to your appointment, it is extremely likely you will miss the instructor, and, whether you have notified us of your anticipated tardiness or not, you will be charged according to the cancellation policy, as described in the cancellation policy above. If the student is an adult, any tardiness will be taken out of their lesson time.
Safety behind the wheel: We reserve the right to stop a lesson at any time due to a student’s reckless and/or careless driving, suspicion of being under the influence of any alcohol or drugs, legal or illegal, or unsafe conditions. We will not tolerate disrespectful, antagonistic, or aggressive behaviors or driving styles. We may take control of the car at any point during a lesson if we feel that the driver is unable to complete the lesson safely, or we may intervene at any time by using our passenger side brake, or grabbing the steering wheel, at our discretion. If a lesson has to be discontinued for any of these reasons, the lesson will be forfeited, no refunds will be offered, and Client can reschedule a lesson at his/her expense. If lesson is part of a program requiring a completion certificate (DL 400D), the certificate will not be issued until lesson is rescheduled, purchased and completed. The student is the person operating the vehicle, and is responsible for the choices and events that occur while the vehicle is under their control. This includes any traffic tickets received or collisions experienced while they are driving.
Curriculum and instructional choices: We strive to practice all of the driving skills needed to become a safe driver who is prepared to pass the DMV drive test. However, we will not place students into driving situations that the instructor does not feel they are ready for. We do not utilize set driving routes for our lessons. Where the lessons take place, and what is covered during the lesson, is at the sole discretion of the instructor, and is usually influenced by the meeting locations of the student and the ability of the student. We strive to offer the student a 5-10 minute stretch break during each lesson.
Right to Refuse service: We reserve the right to refuse service to anyone at our discretion. Causes can include, but are not limited to, hostile communication interactions with the student or family members in person, by text, email, or phone call before, during, or after the lessons.
Vehicles: AGDS vehicles will be kept up to date with current registration, regular services, smog checks, tire pressure and all necessary repairs. All necessary safety precautions will be taken before the student gets into our vehicle for his/her lessons. Should something happen to our vehicle which affects its safety or mechanical operation immediately prior to and/or during a lesson, AGDS will, at its sole discretion, either reschedule a pro-rated lesson or schedule another two-hour lesson at no cost to the student on a case-by-case basis.
Larger sized students have varying comfort levels. It is up to the student to ensure that they will fit comfortably into our vehicle. We recommend sitting in a friends or car lot vehicle that is similar in size to our vehicles. Our vehicles are all comparable in size to Nissan Versas, Toyota Corollas, and similarly sized vehicles. Last minute cancellations will be subject to the cancellation policy.
Duplicate Certificates: Students are hand delivered their Driver Training Completion Certificate at the end of the lesson completing six hours, barring any outstanding balances due. We use a double logging system to ensure they receive their certificate in this manner. If a student requires a duplicate certificate to be issued, for any reason, there is a $10 fee that must be paid by invoice with a credit or debit card. The certificate will be placed in the USPS mail, and typical mail times will incur. Expedited service is not available. In-person pick up or delivery is not available, and the DMV does not typically accept emailed copies.
Personal Property: AGDS is not liable for anything left in our cars by the students, nor are we responsible for returning the items. Each student needs to keep track of his/her personal belongings when in our cars.
GPS and CAMS: AGDS vehicles are installed with live and history GPS trackers and DashCams with audio units. This is for the safety of both the student as well as our instructor and vehicle, and we reserve the right to review any of the content received by them at our discretion.
Instructor Training and Quality Control: As part of our ongoing instructor skill development and commitment to quality and service through our lesson delivery, a second instructor will periodically shadow on another’s lessons, without advance notice to the student. Under no circumstances will a student ever have an unlicensed driving instructor conducting their lesson from the passenger seat.
Use of our vehicle for the DMV drive test appointment: This is an optional service for eligible students only. Eligibility is determined by the ability level of the student, and the determination is at the sole discretion of the driving instructor from the most recent driving lesson with us. The appointment determining eligibility must be within four months of the requested drive test appointment, or an additional driving lesson to reevaluate the student's current ability level may be required, and is at the student’s expense.
If the student schedules the test appointment themselves, there is a high probability that we will not be able to accommodate it. Our online scheduling process explains the preferred method is for us to schedule the appointment for them to ensure we have a vehicle available. If the appointment is scheduled by the student, we assume no responsibility for the accuracy of the appointment details. In all circumstances, the student is solely responsible for providing all of the required paperwork and documentation to the DMV to be allowed to take their test appointment, and they are responsible for knowing what those items are. We do not accept responsibility for checking their paperwork, reminding them to bring paperwork, or whether or not the DMV accepts the paperwork that they provide. No refunds will be issued if the DMV refuses to allow them to test for any reason. The only exception is if we fail to provide the vehicle’s insurance, registration, or safety requirements, or if we have made the appointment and made a mistake in scheduling.
Changes to the Terms: We may need to make changes to our business model, or this contract, from time to time. Although we may attempt to notify you when major changes are made to these Terms, you should check back from time to time, and upon registering for each appointment, to see if anything has changed. Continuing to use the Services after we make changes means you accept those changes. At some point, we will likely offer new services and/or features, and those will be subject to these Terms too.
Indemnification: You agree to indemnify and hold harmless AGDS , its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to your violation of these Terms. Choice of Law: Except to the extent applicable law, if any, provides otherwise, these Terms and any access to or use of the Services will be governed by the laws of California, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in California. Dispute Resolution and Arbitration: In case of a dispute, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the parties shall submit the dispute to binding arbitration only. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AGDS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim. The arbitration shall be conducted in Tuolumne county, the primary business headquarters of AGDS. Each party shall pay their own costs and fees of the arbitration and will split the cost of the arbitrator. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse AGDS for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. The parties waive any rights they may have to a jury trial or class action suit in regard to arbitral claims. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, very the terms of the legal relationship, award punitive damages, or certify a class. If the parties cannot agree on choice of an arbitrator within 21 days after commencement of an arbitration proceeding, the arbitrator will be chosen by the American Arbitration Association. The arbitrator shall be bound by applicable and governing federal law as well as the law of California. Both parties agree to abide by the rules of the American Arbitration Association. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). AGDS address for Notice is: PO BOX 1815, Twain Harte CA 95383. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or AGDS may commence an arbitration proceeding.
WAIVER OF LIABILITY AND RELEASE AGREEMENT: You acknowledge your understanding that there are risks inherent in the process of learning to drive, and in driving a vehicle, and that while AGDS has taken and will take every precaution to minimize such risk and to maximize the safety of everyone involved, some risks understandably remain, and cannot be controlled by AGDS or its teachers, employees and agents. In consideration of the above, your willful act to engage in any of our services hereby assumes you agree as follows: 1) You hereby knowingly and voluntarily waive forever any and all liability on the part of, and covenant not to sue or institute any claim against AGDS, its agents, instructors, insurers, lessors, successors, or assigns, or of any sponsor, resulting from or arising out of or in connection with your attendance at and/or indemnify and hold harmless AGDS from any and all claims, demands or causes of action, which allege negligent acts or omissions of AGDS, unless such negligent acts or omissions are found by a court of law to constitute willful, wanton or gross negligence. 2) You acknowledge that the development of driving skills entails known and unanticipated risk which could result in physical and/or emotional injury to yourself and/or third parties, and damage to your property and/or the property of others. You understand that while every effort is made to reduce them, such risks simply cannot be eliminated without jeopardizing the essential elements and of this type of driving skills training. 3) You acknowledge that you must accept and assume all of the risk of your individual actions and responsibilities, and those existing in this type of training activity. You therefore accept and assume full responsibility for your driving actions while in engaging in all AGDS services, as well as at any other times. It is understood that AGDS will not accept responsibility for the action and/or mistakes of any participant during lessons or any other time. Participant’s attendance is voluntary, and he or she elects to participate in spite of the inherent risks explained above. 4) These Terms and Conditions apply at all times when students are engaged in any services offered by AGDS. 5) No change or modification, of this waiver of liability and release agreement shall be valid unless the same is in writing and signed by the parties hereto. 6) If any section, paragraph, clause or provision of this waiver of liability and release 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 waiver of liability and release agreement, the intent being that the same are severable. 7) Should AGDS or anyone acting on their behalf, be required to incur attorney’s fees and cost to enforce this agreement, Participant agrees to indemnify them for all such fees and costs. 8) By agreeing to this document, and thereby accepting services from AGDS, I acknowledge that if I am injured or if my property is damaged during my participation in their service, I may be found by court of law to have waived my right to maintain a lawsuit against AGDS, it agents, instructors, insurers, sponsors, employees, successors and assigns.