OFFICIAL CONDITIONS, TERMS AND RULES OF CONTRACT AGREEMENT FOR ALL CLASSES AND TRAINING INCLUDING BUT NOT LIMITED TO, DRIVER'S EDUCATION, DEFENSIVE DRIVING, MOTORCYCLE SAFETY & WEAPON / GUN / SELF DEFENSE STUDENTS AND TESTING ALSO KNOWN AS Page # 2
1. Definitions & terms. "Agreement" and / or "Contract" means all terms & conditions found in this form. Southeastern Oklahoma Driving School, it's Staff, Instructors, Visiting or Apprentice Instructors, Incorporation, Property Owners, Designees & interests, hereafter known as "S.O.D.S.". People determined to be Parents / Guardians, Students, Renters, Passengers, Shooters, Student Family or Friends & listed people in Contract including page # 1, including signed persons, Undersigned, all taking financial responsibility including that of listed minor child hereafter known as "CONTRACTEES". "Vehicle", "Car", "ATV" & "Motorcycle" means the vehicle we supply & any vehicle we substitute for it & all its tires, tools, accessories, equipment, keys & vehicle documents. "CDW" means Collision Damage Waiver. "Physical Damage" means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage, such as damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood of fire. "Loss of use" means the loss of our ability to use the Vehicle for any purpose due to damage to it during this rental or class. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is repaired, times the daily rental rate. "Weapon" or "Gear" is the weapon or equipment we supply during the weapon course. CONTRACTEES are jointly & severally bound by this contract & take full financial responsibility for any & all damages including but not limited to accidents, medical bills, legal fees, loss & theft of any kind including any and all S.O.D.S. equipment / property during time CONTRACTEES are in S.O.D.S. class, on property (owned, used or leased), during hands on exercises / training, rental or in possession of S.O.D.S. equipment / property. "Contact Date" means the date you contact S.O.D.S. for services.
2. Contract is entered into when CONTRACTEES provides S.O.D.S. with all or part of listed information on contact date (listed on all contracts) and / or when student or parent provides signature on contract and / or training is provided to student. CONTRACTEES shall provide information (forms, information, signatures, payment & other information) needed by S.O.D.S. for processing of contract and other paperwork on contact date or within 10 days after contact date. CONTRACTEES agree that this date conflict or information added by S.O.D.S. at later dates does not in any way void the contract. CONTRACTEES agree and understand that they have entered into this contract when student signs up for class or training even if CONTRACTEES have not signed paperwork, waiver or contract. The same it true when CONTRACTEES push the send button if signing up via the web-site or tell us to sign up student over the phone. Deposit or class cost is nonrefundable if student fails to attend class. 3. Rules. All equipment is rented for state testing or course purposes and on a 30 minute time frame or for completion of a course. CONTRACTEES shall arrive for class & return equipment on time and call S.O.D.S. if delayed for any reason (late fee may apply). CONTRACTEES understands that a coat, hat, rain gear & a durable pair of shoes (no open heal / toe, high heal or flip flops) shall be brought to class, rental and hands on training. If attending a weapons class you will also need eye and ear protection. CONTRACTEES attending motorcycle classes or renting equipment shall also bring safety equipment including but not limited to D.O.T. (United States Department Of Transportation) approved helmet, glasses, jacket, pants & boots for all people on equipment. All clothing / equipment shall not have any pictures, media, writing or advertisements or any other thing that is rude, suggestive or morally offensive to the Christian faith including but not limited to bad words, alcohol or cigarette brands or ads & other things that may apply. Other class, driving, & rental rules apply and will be provided by S.O.D.S. at start of class, hands on training & rental.
4. Charges. Payment or deposit is due at time of signing up for class or rental and CONTRACTEES are responsible for other fees that may be added for damages, cleaning, late, lost, stolen, fuel & all other fees & charges that may apply. CONTRACTEES will pay S.O.D.S. or appropriate agency, on demand all charges due S.O.D.S. under this agreement including time & mileage for the period during that you keep the Vehicle, or a mileage charge based on our experience if the odometer is tampered with. S.O.D.S. does not offer any type of money refund. All refunds are based on administrative decision and come in the form training, rescheduled training & rental. No refunds of any kind will be granted by S.O.D.S. & services may be refused for CONTRACTEES who violate safety rules, dress code, become combative, unruly or have been troublesome in past dealings, offensive with S.O.D.S. staff, abuse or misuse equipment / property, become or commit an unsafe act. CONTRACTEES attending class & hands on training should bring money for food & drinks. CONTRACTEES wishing to reschedule class, hands on training or rental time shall do so within 48 hours of appointment time. All sales are final with exception to late fees, charges & all other financial responsibilities that may apply, these fees will be added to this contract when they may so apply & your credit card will be charged or you will be billed for these fees. CONTRACTEES agree to pay for any damaged property or equipment owned, rented, leased or used by S.O.D.S. including but not limited to private property owned by a third party that may be injured during the class, hands on training, rental or time CONTRACTEES has possession of equipment. CONTRACTEES are responsible for all damage, including the cost of repair, or the actual cash retail value on the date of the loss if the equipment is not repairable or if we elect not to repair it, whether or not you are at fault. CONTRACTEES are responsible for theft, loss of use, diminished value caused by damage to or repair of and a reasonable charge to cover our administrative and legal expenses connected with any damage claim, whether or not you are at fault. All incidents must be reported to S.O.D.S. & police as soon as discovered.
5. Release and waiver. This contract authorizes S.O.D.S. to use CONTRACTEES image (photo, video, audio & all other that may apply) or likeness in advertisements & promotions including but not limited to flyers, website, news paper & all other that may apply. CONTRACTEES, agree not to hold S.O.D.S. responsible for items lost, stolen, damaged, broken, or medical bills, any expense resulting from a death, legal bills or any type of fee, ticket, fine, damage or expense, any and all others that may apply and were Sustained during training, class, hands on training, rental, or while on S.O.D.S. property (owned, used or leased) or while CONTRACTEES has possession of equipment & also including issues that may arise after training, non-correct, or changes to training, hands on training, rental or from having been on S.O.D.S. property (owned, used or leased) or when CONTRACTEES had possession of equipment. CONTRACTEES also agree not to bring or be apart of any lawsuit against S.O.D.S. including incidents that may arise at a later date, at any location, involving on or off duty S.O.D.S. staff members & equipment. CONTRACTEES will have an official accident / police reports made and provide S.O.D.S. an official full copy of said report on any issue that involves or may involve S.O.D.S. staff, equipment / property including but not limited to accident, injury, loss, theft, accusation or any other that may apply. In the event of loss, theft, stolen accident, injury, accusation or any other incident of any kind, all CONTRACTEES involved or affected will take a test to determine alcohol / controlled or non-controlled substance presence in CONTRACTEES body (drug test) and a test to determine accusation of rape or sexual activity (rape kit) within 2 hours of said event to determine the presence of such evidence. CONTRACTEES will make every attempt to protect said evidence. CONTRACTEES will provide at the CONTRACTEES own expense a sample or samples (blood, breath, urine, hair, rape kit or other recognized sample) to a licensed professional in an authorized facility authorized to gather and test said sample and provide S.O.D.S. a full copy of said drug / alcohol / rape kit test results or other that may apply. This contract is also a waiver / release and allows any hospital, medical group, law enforcement agency or other group or company to release and allows S.O.D.S. access to test results, claimed medical condition, injuries or other information S.O.D.S. may need. (WARNING) Some information, lecture, videos, pictures and stories are gruesome, violet and bloody in nature and are actual stories and photos and/or videos of victims/suspects in different life threatening or ending events.
6. Returns, Usage & Financial. CONTRACTEES agree to return property on time and in a condition the same or better than when it was taken from S.O.D.S. possession and to pay any and all bills, charges, fees and expenses that may apply from any training or rental including but not limited to late, lost, stolen, damaged property / equipment, S.O.D.S. staff or bystanders medical bills or returned checks or canceled checks, wrong or stolen credit card information including amount plus any other fee that may apply, within 10 days. If for some reason credit card will not take this amount or reauthorization amount CONTRACTEES agree to pay in same time frame with some other type of payment (cash, other credit, check or pay pal). CONTRACTEES agree to check all fluid levels on all equipment they have control over on an hourly time frame and to add appropriate amount and type of fluid as needed & not to work on or repair S.O.D.S. equipment. CONTRACTEES shall never leave S.O.D.S. equipment / property unattended or unsecured or allow persons not listed on the contract on or around S.O.D.S. equipment. CONTRACTEES shall call S.O.D.S. if equipment becomes broken or damaged & it is the CONTRACTEES responsibility to return property / equipment to the prearranged S.O.D.S. return point even if it becomes disabled. CONTRACTEES shall stay with equipment until it is returned to a S.O.D.S. staff member and CONTRACTEES shall sign return section of contract. CONTRACTEES are responsible and will not be reimbursed for any expenses resulting from incidents during class, hands on training, rental or accidents including but not limited to storage, wrecker, impound, replacement vehicle or any other that may apply. CONTRACTEES must have an "M" endorsement and proper riding gear to operate S.O.D.S. motorcycles. CONTRACTEES at no time are allowed to operate any equipment or be on S.O.D.S. property while under the influence of any mind / body altering substance and are not allowed to operate equipment on dirt / gravel road surfaces or pull a trailer.
7. Rental, Indemnity & Warranties. We may repossess the Vehicle or equipment at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify, defend & hold S.O.D.S. harmless from all claims, liability, costs or any other fee(s) and attorney fees we incur resulting from, or arising out of, this contract, training, contact with S.O.D.S. while on property used, owned or leased by S.O.D.S. & your use of the vehicle & equipment. We make no warranties, express, implied or apparent, regarding the vehicle, equipment, training or instruction & no warranty of merchantability & no warranty that the vehicle or equipment is fit for a particular purpose. You must return the Vehicle or equipment to our office or other S.O.D.S. specified location, on the date and time specified in this Agreement, in as good as or better condition that you received it. If the Vehicle or equipment is returned after closing time, you remain responsible for the loss of, and any damage to, the Vehicle or equipment until we inspect it upon our next opening for business.
8. Training . RELEASE, WAIVER, INDEMNIFICATION, HOLD HARMLESS, AND ASSUMPTION OF RISKAGREEMENT: WHEREAS, in consideration of being permitted to attend a course for instruction in any class S.O.D.S. offers, for the instruction in firearms, vehicle classes or any other offered for use of premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Undersigned agrees to the following: Undersigned and/or CONTRACTEE agrees to indemnify, hold harmless and defend S.O.D.S. and/or Instructor from any and all fault, liabilities, cost, expenses, claims, demands, or lawsuits arising out of related to or connected with:CONTRACTEE; CONTRACTEE'S presence on or use of the range, building, land, and premises and any and all acts or omissions of CONTRACTEE. CONTRACTEE furthermore waives for himself/herself and for his/her executors, personal representative, administrators, assignees, heirs and any next of kin; any and all rights and claims for damages, losses, demands and any other actions or claims whatsoever, which he/she may have or which may arise against Instructor/S.O.D.S. (including but not limited to the death of Undersigned and or CONTRACTEE and/or any and all injuries damages or illnesses suffered by CONTRACTEE, Undersigned or Undersigns property), which may, in any way whatsoever arise out of, be related to or be connected with : the course of instruction; thePremises, including any latent defect in the Premises; Undersigned presence on or use of said Premises; Undersigns property (weather of not entrusted to Instructor/S.O.D.S.); and the discharge of firearms, or any drill or hands on instruction. Instructor/S.O.D.S. shall not be liable for, and Undersigned, on behalf of himself/herself and on behalf of his/her executors, personal representatives, administrators, assignees, heirs, and next of kin, hereby expressly releases the Instructor/S.O.D.S. from any and all such claims and liabilities. Undersigned hereby expressly assumes the risk of taking part in course for instruction in firearms or any other training S.O.D.S. offers including but not limited to firearms, the discharge of firearms, the firing of live or training/simulation ammunition, changing tires, jump starting, checking fluids and driving vehicles and motorcycles or atv's and the use of self defense tactics including strikes, punches ground fighting, grappling, stun guns and pepper spray or mace. Undersigned herby acknowledges and agrees that Undersigned has read this instrument and understands its terms and is executing the is instrument voluntarily. Undersigned furthermore hereby acknowledges and agrees that he/she has read, understands and will at all times abide by all range rules and procedures and any other rules and procedures stated by the Instructor/S.O.D.S.. CONTRACTEE expressly agrees that this instrument is intended to be as broad and inclusive as permitted by law, and that if any provision of this instrument is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. No remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statue or otherwise. The election of anyone or more remedy hereunder by the Instructor/S.O.D.S. shall not constitute any waiver of Instructor's right to pursue other available remedies. This instrument binds CONTRACTEE / Undersigned and his/her executors, personal representatives, administrators, assignees, heirs and next of kin.
Miscellaneous. This contract can not be modified with out the written consent of S.O.D.S.. If any part of contract contradicts any law and is voided by a court, judge or jury only that part of contract will be voided, leaving the rest or the contract in full force & legally binding.