Terms and Conditons - Acclaim ADI Training Course
General Terms and Conditions
OPERATIVE PROVISIONS:
1. Definitions
1.1 In this agreement unless the context otherwise requires:
|
"Brand" |
means the name "Acclaim Driving", "acclaimdriving.com" and other associated brand names and the trademarks listed in the Schedule;
|
|
"Business" |
means the organisation (acclaimdriving) providing driving instructor training to potential driving instructors using the Brand; |
|
"Course" |
means the Acclaim Driving instructor Training Course (ADITC) |
|
"Trainee" |
means a participant who has enrolled on the Course; |
1.2 References to any clause or Schedule shall be to the clause or Schedule contained in this agreement.
1.3 The singular includes the plural and vice versa and reference to any gender includes the other genders.
In English: We use these terms throughout this Agreement. They are the important things we must refer back to a lot. You can easily spot a defined term as it will start with Capital Letter. This helps keeps things a bit shorter. If we refer to a schedule, it’s the schedule to this agreement. If we refer to ‘he’, it should also be taken to mean ‘she’ if that’s applicable.
2. The Course
2.1 The ADITC will require a significant level of commitment from you. The time to complete the ADITC will vary between individuals and any indication made to you as to how long a course will take is based on the average time taken to complete the course and is not to be relied upon by you as stating how long it will take you in particular to complete the course and pass the examination.
2.2 The Business cannot guarantee that having undertaken the Course you will pass the DVSA qualifying examination to become a driving instructor.
2.3 Training will be conducted from locations nominated by Acclaim. Details of training locations are notes on the Schedule, however, are subject to change. When attending ADITC you should comply with Acclaim’s ‘smart / casual’ dress code.
2.4 The Course is delivered in three main sections; Part 1, Part 2, Part 3. The deliverable training hours are in the Schedule
2.5 All training and private practice should be recorded by the Trainee in the acclaim ‘ROAD’ folder (Record of Achievement and Progress)
2.6 All action plans and reflective train logs should be completed as agreed with the trainer. Any additional sessions required in order to complete the action plans will be charged at the current rate (see Schedule)
In English: You will need to put in the work! The chances are that the more time and effort that you put in, the quicker you will progress and the better your chances of success. You will have to pass the DVSA exams; obviously we can’t guarantee that you will, however if you follow the course and the trainers’ advice there is no reason why you shouldn’t. Write down all the effort that you put in, it’s great for your development. You will need to practice and if you need any extra session to stay on track you will be charged at the hourly rate.
The training is likely to be in a variety of different locations for car and classroom. We will do our best to accommodate your preferred training locations. It may be necessary to change these locations during the course. Look smart and ‘business like’ whilst on training. You are training to become a professional driving instructor. Look the part! (no ripped jeans or looking like you’ve just done the gardening!)
3. Fees and Refunds
3.1 The fee for the ADITC is payable to acclaimdriving and covers training fees only unless examination fees are included as part of a special offer. Any additional or remedial training will be charged accordingly. Fees for DVSA examinations, re-taking of DVSA examinations and DVSA licence fees (where applicable) will have to be paid separately by you.
3.2 No refunds are payable where a period of 12 (twelve) months has elapsed since attending the last training event.
3.3 No refund is payable if you fail to complete any stage of the ADITC for any reason outside of the control of the Business
3.4 Am administration fee is applicable on all refunds where a refund is due and is outlined in the Schedule.
3.5 The training fees are subject to review by the Business. Acclaimdriving reserve the right to pass on any increase in training fees to those who have not completed the course within 12 months of this agreement.
3.6 If you are unable to attend an ADITC event and fail to give at least 7 (seven) working days’ notice; you will be liable for a ‘short notice’ cancellation fee. This fee is documented in the Schedule
In English: Check the schedule at the back of this contract to see exactly what is included in the course that you purchase from acclaim. There may be conditions attached to any discount or promotion that you have taken advantage of. Our trainers are really busy so if you really need to cancel a session, please give plenty of notice or there will be a charge!
4. Changes to this agreement and the Course
4.1 The Business reserves the right to vary the terms upon which it provides training and other benefits under the ADITC from time to time at its absolute discretion. Participants on the ADITC will be notified of any such changes, which if circumstances permit, will be confirmed in writing
In English: We will try not to change any of these terms & conditions during your training course, but if we must, then we will let you know.
5. Termination of this agreement
5.1 This agreement will be terminated in the event that you are suspected of drinking alcohol or are suspected of drug and/or substance abuse during the ADITC, whether it be on the premises of acclaimdriving, and training vehicle or any other external conferencing facilities where training is being conducted.
5.2 The Business reserves the right to terminate this agreement absolutely in the event of any behaviour on the part of the applicant that acclaimdriving.com deems to be unreasonable or unfitting and that the work of the Business in any such event be final.
In English: Please behave in a ‘fit and proper’ way otherwise we might have to stop training you!
5. ADITC and DVSA
5.1 By entering this agreement you are confirming that you meet the legal requirements, as set out by the Driving & Vehicle Standards Agency, for acceptance onto the Register of Approved Driving Instructors and that their subsequent refusal to accept you, for whatever reason, shall in no way obligate the Business to reimburse any training fees, other than in accordance with the refund schedule.
5.2 As part of the application process, the Business or the DVSA, may apply for a disclosure of information held at the Criminal Records Bureau (“CRB”). This is part of the Business’ ongoing commitment to ensure the safety and welfare of our employees, franchisees and learner drivers alike. By signing this agreement, you agree to undertake the CRB disclosure application process. In the event of an unsuitable disclosure being received, for whatever reason, the Business will not be obligated to reimburse any training fees, other than in accordance with the refund schedule.
6. Discounted Pricing – ‘Commitment Training’
6.1 At the sole discretion of the Business it maybe that training can be offered at a discounted price. Where this discount is applied and documented in the Schedule. In addition to the conditions in this agreement, the conditions in 6.2 – 6.9 will also apply
6.2 On completion of the Part 3 training, a Trainee Licence and an acclaim ‘Gold Franchise’ must be operated by the Trainee for the duration of the licence or licences. On qualification as an ADI a 12 (twelve) month minimum term franchise agreement must be agreed with Acclaim Driving / Ability Driving Academy Limited.
6.3 The cost of the additional 20 hours training required by the DVSA as a condition of the trainee licence is paid in full prior to the commencement of the Trainee Licence. Alternatively, the cost can be included in the initial franchise fee until the full amount is paid. (See Schedule)
6.3 Where condition 6.2 fails to be met, the cost of the full training course (before any discount) becomes immediately due. See schedule.
6.4 All Fees are non-refundable.
In English: Sometimes we offer training at ‘cost-price’ on the condition that you join us on a full franchise package whilst on your trainee licence and for a period of a year following your qualification. We do this in areas where we need to grow instructor numbers. If you choose not to comply with this, you would have to pay a fee. We don’t want to train you to work for somebody else! Where we offer this package it needs to be paid in full and it is not subject to the normal refund policy.
7. General
7.1 Any notice, consent or the like required to be given to any party in connection with this agreement shall be in writing and shall be sent by email, fax or post to the address of such party mentioned above or to such changed address as shall for that purpose be notified to the other party and every such notice consent and the like shall be deemed to have been given at the time when in the course of ordinary transmission it should have been delivered at the address to which it was sent. Where email or fax is used to serve a notice, it shall not be deemed properly served unless a copy of that notice is promptly posted to the other party upon which it is served.
7.2 This Agreement may be executed in any number of counterparts (but shall not be effective until each party has executed at least one counterpart), each of which, when executed and delivered, shall be an original and which together shall have the same effect as if each party had executed and delivered the same document.
7.3 This agreement does not create any right enforceable by any person not a party to it except that a transferee, successor or assignee of the Business is deemed to be a party to this agreement.
7.4 No relaxation, forbearance, delay or indulgence by the Business in enforcing any of the terms and conditions of this agreement, or the granting of additional time to the Trainee to comply with any conditions herein, shall prejudice or affect or restrict the rights and powers of the Business hereunder, nor shall any waiver of any breach operate as a waiver of any subsequent or any continuing breach.
7.5 Under no circumstances shall the Trainee be entitled to receive any compensation or other payment in the event that this agreement is terminated in accordance with its terms and conditions.
7.6 The rights granted to the Trainee under this agreement are personal to the Trainee and may not be assigned or transferred to any third party without the written consent of the Business.
7.7 This license agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) is subject to English law and the parties submit themselves to the jurisdiction of the English Courts
In English: These are all the general terms that don’t fit easily anywhere else. Most contracts have them – lawyers call them ‘boiler plate’ clauses. We’ve tried to keep these as short as possible. If we are communicating officially with each other, we’re agreeing to do it in writing. This helps keep things clear. When signing this agreement, we can sign two separate copies – provided there are two identical documents, one signed by you and one signed by us, it will act as one agreement. We probably won’t do this, but in case we do it keeps things official. Lawyers call this ‘counterparts.’ The rights set out in this agreement are between you and Acclaim. No one else. We’re agreeing the basis of our relationship. If either one of us doesn’t enforce a right under this agreement, it doesn’t mean we’ve waived the right to do so for ever. Lawyers call this a ‘no waiver clause’. If the agreement ends, then there is no entitlement to any compensation. The rights this contract gives you are personal to you. If we’ve fallen out in anyway and can’t agree on anything, we’re agreeing that the English Court can decide a dispute – it would make little sense choosing another country, so we trust this makes sense!
SCHEDULE
|
Date of agreement |
Enter a date. |
|
|
Cost of Training course |
£1399 |
|
|
Discounted ‘commitment’ Training |
Yes * |
See clause 6 |
|
|
|
|
|
Training content |
|
|
|
Part 1 |
3-hour classroom. All training resources. Online theory training |
|
|
Part 2 |
10 hours in car training |
|
|
Part 3 |
12 hours classroom training, 28 hours on road training. |
|
|
|
|
|
|
Number of DVSA Exams Included |
|
|
|
Part 1 |
1 (additional attempt £83) |
|
|
Part 2 |
1 (additional attempt £111) |
|
|
Part 3 |
1 (additional attempt £111) |
|
|
Refund Schedule |
|
|
|
Before Part 1 test |
n/a |
See clause 6.4 |
|
Before Part 2 test |
n/a |
See clause 6.4 |
|
Before Part 3 test |
n/a |
See clause 6.4 |
|
Refund Admin Fee |
£50 |
See clause 3.4 |
Other Costs
|
Trainee Licence |
£140 |
|
|
Full ADI Licence |
£400 |
|
|
Additional Training 20 Hrs. (Trainee licence) |
£625 (£25 per week |
See clause 6.3 |
|
Remedial / Extra Training (In Class) |
FOC* |
*When available |
|
Remedial / Extra Training (In Car) |
£35 per hour |
|
|
Breach of Clause 6 |
£799 |
See clause 6 |
Locations
|
Location of Classroom Events
|
Acclaim Head Office 15-17 Leicester Road Narborough LE192HL |
See clause 2.3 |
|
Location of ‘In Car’ events |
TBA with Trainer
|
|
**The Gold Franchise offered by Ability Driving Academy Limited T/A acclaimdriving.com is a fully serviced licence agreement with full support, marketing, learner introduction and business management solution. It includes a fully maintained serviced, dual controlled and liveried tuition vehicle payable for 49 weeks per annuum.
The cost of a ‘Gold franchise is currently £170+VAT per week with a standard lesson price of £27 per hour.
