Instructor Participation Agreement

Welcome to the Drive Safer Program!  At Drive Safer, our goal is to provide new drivers with the opportunity to learn and hone their driving skills from professional certified high-performance driving instructors.  Our goal at Drive Safer is to provide a safe, fun, and positive experience for all participants, and you play a valuable role in attaining this goal. Please read through this participation agreement carefully.

Drive Safer, LLC (“DS”) hereby engages you as an instructor (an “Instructor”) in the Drive Safer Program (the “Program”), and as a condition to participating in the Program, you must agree to this Agreement. By initialing and completing the online registration, you acknowledge: (i) that you have the right, authority, and capacity to enter into this Agreement; and (ii) that you have read and agree to abide by the terms and conditions in this Agreement.

Instructor Responsibilities

You will provide your instructional services in a safe, timely and professional manner consistent with industry standards and at the location, place and time that agreed to between you and DS.  You agree to create an environment that will allow all participants to enjoy and benefit from the Program, and that will reflect favorably on DS and the Program.  Without limitation, you agree to the following:

• You are expected to behave in a manner that is respectful of others.
• You should not engage in any obscene and/or discriminatory language or harass other participants.
• No weapons, alcoholic beverages, tobacco and/or illegal drugs are permitted.
• You should immediately notify DS if you or any participants have any concerns or medical needs.

Participation Requirements

DS reserves the right, in its sole discretion, to refuse to allow any vehicle to participate in the Program, for any reason, including if such vehicle is deemed unsafe or unsuitable.

In order to participate in the Program, you must be a certified driving instructor.  In addition, you must be covered by a valid insurance policy meeting the minimum state insurance requirements and reasonably acceptable to DS.  The license and evidence of insurance must be provided to Program staff in advance.  DS reserves the right, in its sole discretion, to refuse to allow anyone to serve as an Instructor for any reason, including if DS believes such Instructor is not adequately certified or does not have adequate insurance.

Instructor Representations

You represent and warrant to DS that any and all information you have provided to DS or will provide to DS is truthful, accurate and complete and continues to be truthful, accurate and complete.  You represent and warrant that you have provided DS with all material information required by DS to determine whether you are suitable to serve as an Instructor.  You further represent and warrant that you are qualified and have the relevant experience and licenses to offer instructional services through the Program.

Fees; Cancellation

Unless otherwise agreed to in writing, DS will pay you its then standard rate for each Program event in which you participate and provide instructional services within thirty (30) days following each event.

If you need to cancel your participation for any reason, please let us know as early as possible so we can line up other Instructors.  DS reserves the right to cancel the Program at any time, in its sole discretion.  In such event, DS will not owe you any fees for services.

Event Photos

You understand that DS will take photos, videos and other depictions of the Program and Program activities.  You consent to the use by DS of your name and likeness in any photo, video or other form or medium for any purpose, including for the purpose of promoting and marketing the Program.

Assumption of Risk and Liability Waiver

You acknowledge that driving and teaching others to drive is an inherently risky activity and that, despite any precautions taken by DS, you may be subject to injury or may cause injury to others or damage to property.  Risks include risks not only created by your actions, but risks created by the actions of other parties, including other participants and spectators.  You agree that you will assume all risk for participation in the Program.  You understand and acknowledge that all risk assumption includes liability assumption from accidents which may occur from negligence or carelessness on the part of you, other participants, spectators, volunteers, Instructors or other Program staff, or DS.

You agree that you will be required to sign a full and complete release of liability and indemnification agreement (the “Waiver”) upon entering the Program premises.

Indemnification, Hold Harmless and Release

In addition to the terms of the Waiver, to the maximum extent permissible under applicable law, you agree to indemnify, hold harmless, covenant not to sue, defend and release DS, its other Instructors and other staff members, affiliates, partners, agents and suppliers, and its and their respective officers, directors, stockholders, agents and affiliates, from any claims, losses, damages, liabilities, including attorney’s fees, whether caused by the negligence of said releasees or otherwise, arising out of this Agreement, the Program, or your participation therein (including the instructional services offered by you). You agree not to settle any indemnifiable matter without the prior written consent of DS.  DS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Limitation of Liability

Our goal is to provide a fun and enjoyable event and an opportunity for participants to improve their driving skills.  You acknowledge that DS has made no representations or warranties, implied or explicit, including any implied warranties of merchantability or fitness for a particular purpose, regarding the Program.

Without limiting the foregoing, to the maximum extent permitted under applicable law, the entire liability of ds and its other staff members, affiliates, partners, agents and suppliers, for any damages whatsoever, whether arising under contract, tort or otherwise, arising out of or related to this agreement, the program or your participation therein shall be limited to the amount of fees paid for your participation in the applicable program event.

Independent Contractor Relationship 

Your relationship with DS will be that of an independent contractor, and nothing in this Agreement should be construed to create a partnership, joint venture, or employer-employee relationship. You agree that (a) you are not an agent of DS; (b) are not authorized to make any representation, contract, or commitment on behalf of DS, other than as authorized by an officer of the DS; and (c) will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority with respect to your performance of services and receipt of fees under this Agreement.  If applicable, DS will report amounts paid to you by filing appropriate forms with the Internal Revenue Service, as required by law.

Miscellaneous 

This Agreement will be governed by and interpreted in accordance with the laws of the state of New Jersey, without regard to conflict of laws principles thereof.  You and DS agree that the exclusive venue for any dispute relating to this Agreement, the Program or your participation therein is the state and federal courts in New Jersey. You and DS consent to the personal jurisdiction of these courts.  Each party agrees to waive such party’s right to trial by jury with respect to any action relating to this Agreement, the Program or your participation therein.  The prevailing party in any legal action brought by one party against the other and arising out of this Agreement, the Program or your participation therein shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and actual attorney’s fees incurred.

This Agreement, along with the Waiver to be entered into upon entering the Program premises, are the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.  Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.  The heading references herein are for convenience purposes only, do not constitute a part of Agreement, and shall not be deemed to limit or affect any of the provisions hereof.  If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The parties further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provision.