Amberstone Associates Limited trading as INSTRUCTOR COLLEGE UK

INSTRUCTOR TRAINING COURSE – TERMS AND CONDITIONS

These are the terms and conditions (Terms) on which we agree to supply our driving instructor training services to you.

Please read these Terms carefully as they describe our legal obligations to each other.

The purpose of our instructor training course is to enable you to become a professional driving instructor. If you successfully graduate from our course, we will guarantee you a position as a driving instructor franchisee. We hope you choose to become a member of the team, but you are free to continue your driving business elsewhere. Our agreement with you is based on you contracting with us as a business or to pursue and develop your business, and therefore we will not treat you as a consumer. If you are contracting with us for reasons other than to become a driving instructor, please let us know in advance of commencing the course.

Where you have paid for your chosen training course either in person, over the phone, or online you will have confirmed that you have read and agreed to the Terms at that time. We nevertheless ask you to sign and return these Termsas instructed at the bottom of this document.

1. PRICE AND PAYMENT

The price payable for your training varies depending on the training package you select (Fast Track Course, Standard Training Course or any other available instructor training course that we currently have available). Our sales advisors are very happy to talk you through the pricing and payment options available. The price applicable to your chosen course is set out in our cover letter sent to you separately.

If we have agreed to take a partial payment to commence your training this will only gain you access to elements within Part 1 of the training course. To commence the partial payment regime, if paying via direct debit, you must return the direct debit bank mandate within 30 days; failure to do so may result in the cancellation of your training without a refund. Regardless of whether you are paying by direct debit or in instalments, you must adhere to the payment schedule which we have provided to you, and any failure to make a payment by the scheduled payment date means that we may cancel your training with no refund payable. The full outstanding balance must be paid before you can book a place on any module of the intensive course.

2. REBATE

A rebate of the price payable will be made in the following circumstances as part of our money back guarantee:

Your agreed training package includes a rebate of the price payable, as stated in the covering letter to you enclosing these terms;
You have successfully qualified as an ADI;
You have signed an ADI Franchise Agreement with Amberstone Associates Limited;
You are not in arrears with your franchise fee or have any other debt due to Amberstone Associates Limited;
There have been no complaints by pupils about your tuition or any other matter to do with you:
You have not given notice to terminate you Amberstone Associates Limited Franchise
The rebate structure, but not its total monetary value, is subject to change in lieu of any ‘special offers’ where a rebate may apply.

In circumstances where a rebate is to be provided, this will be made via a reduction of £15.00 per week to your agreed franchise fee (the ‘rebate period’). For the avoidance of doubt, you will still be subject to any increases in the franchise fee as imposed by Amberstone Associates Limited from time to time.

If at any point during the rebate period you incur arrears with your franchise fee or have any other debt due to Amberstone Associates Limited which is not repaid in full within 10 days, your right to receive and unpaid rebate will be forfeited.

If at any point during the rebate period Amberstone Associates Limited receives complaints by pupils about your tuition or any other matter to do with you, your right to receive and unpaid rebate will be forfeited. If at any point during the rebate period you give your notice to terminate your Franchise Agreement your right to receive any unpaid rebate will be forfeited.

3. DBS CHECK

It is your responsibility to apply for the Disclosure Barring Service (DBS) check, to pay for all entries to the Driver & Vehicle Standards Agency (DVSA) Approved Driving Instructor (ADI) qualifying exams and, upon successful completion, the fee required to be placed on the DVSA ADI register. Telephone and online support will be available for Part 1 (detailed below) but it is the responsibility of the candidate to study and prepare for this exam.

You should carefully consider whether you meet the DVSA standards to becoming an Approved Driving Instructor. Some of the factors which the DVSA consider are as follows:

whether you have any criminal convictions (and if so, the nature of those convictions);
whether you have had a clear DBS check;
whether you have any motoring or non-motoring cautions, convictions or fixed penalty notices; and
if you are medically fit to drive and your eyesight meets the DVSA

If you choose to commence Part 1 training prior to receiving clearance from the DVSA, you do so at your own risk: you will not be able to sit your Part 1 exams until you receive DVSA clearance; and you may not receive a full refund of your course fees – see cancellation and refunds policy below.

By agreeing to these terms you also confirm with us that you are fit and healthy to drive/proceed with the Driving Instructor training course and your eyesight meets the DVSA standards. You shall inform us without delay of anychanges in circumstances in this regard which may affect your ability to drive.

4. CANCELLATION AND REFUNDS POLICY

We strive to accept suitable candidates who meet the Instructor College UK criteria onto our courses, but this is subject to course availability at a given time in your chosen region. Therefore, we reserve the right to refuse to accept a candidate or cancel his/her training if we do not have capacity for that candidate. We will provide you with a full refund if we have to cancel your training due to availability.

You are required to adhere to the ADI Code of Practice, and our Complaints, Behaviour and Sexual Harassment Policy available upon request. We may cancel your training, with no refund payable, for failure to adhere to these policies.

If the DVSA deem you not to be ‘a fit and proper person’ to be a driving instructor, then a refund of 50% of your training fee is payable, providing acceptable supporting documentation is provided to us. This is dependent on you not having made any deliberate false statements in the DBS application and the DVSA determination not being as a result of any action by you after commencing the course.

You are not likely to be contracting with us as a consumer because we are contracting with you as a business, orto pursue and develop your business. In the unlikely event that you are contracting with us as a consumer (meaning you are contracting for purposes which are wholly or mainly outside your trade, business or profession), you have a right to cancel this agreement within 14 days without reason and receive a full refund of any payments you have made to us.

You may inform us of your decision to cancel formally by email or post within 14 days from the day after the date stated on the letter enclosing these Terms which is dated when the package was purchased (“CoolingOff Period”).

Pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you have agreed that your Part 1 training can start during the Cooling Off Period then your right to cancel this agreement during theCooling Off Period and obtain a full refund will be lost.

You shall return all course material in original condition without delay and in any event no later than 14 days from the day on which you confirm your cancellation to us. If you fail to return the course materials by this date, we shall be entitled to recover the cost of the materials from you, and other associated reasonable administrative costs.

If a candidate withdraws from the course for any other reason, then no refund will be made available and the candidate will still be liable for any outstanding payments due for the remainder of the course. If you fail to progress to Part 2 or Part 3 you will not be entitled to a refund.

5. TRAINING AND TESTING

Our training courses are comprised of 3 Parts, summarised in the table below:

Part 1 – Theory Part 1 training will focus on

your driving theory knowledge which will prepare you to sit the Part 1 DVSA driving theoryassessment

Training course material
Access to electronic tutorials, question banks and mock tests via a 3 month online subscription

Part 2 – Driving Ability

Part 2 training will refine your practical driving skills and prepare you to sit the Part 2 DVSA driving ability assessment

10 hours of tuition

Part 3 – Instructional Ability

Part 3 training will develop your skills to successfully teach learner drivers and prepare you to sit your Part 3 DVSA instructionalability assessment

40 hours of tuition
Mix of online and in-car sessions

Training will be provided by one of our trainers, who may be a franchisee, associate trainer or an employee of Amberstone Associates Limited. It is at our absolute discretion which trainer we allocate at each stage of the training course. Trainees must inform Instructor College UK upon successfully passing each stage of their training and must not engage in private arrangements with trainers without our express permission.

Training is provided on Fast Track Course on a 2:1 student-to-teacher ratio for in-car training and up to a 10:1student-to-teacher ratio for online sessions.

Training is provided on standard ADI courses on a 1:1 student-to-teacher ratio for in-car training and up to a 10:1 student-to-teacher ratio for online sessions.

If you are unable to use your own vehicle on any Part 2 or Part 3 test, with sufficient notice, a suitable vehicle will be made available to you at the cost of £75.00 per test. The vehicle supplied must be paid for in advance and the charge is in addition to, and not part of, the course costs.

It is your responsibility to arrange for the provision of a ‘Pupil’ for the purpose of the DVSA Part 3 test.

Any additional costs incurred by choosing to take a trainee licence and trainee franchise are your responsibility and separate from these Terms.

The Part 1, 2 and 3 tests are external and conducted by the DVSA. They are to be booked by you and are not part of thecourse. A copy of test certificates must be provided to Instructor College UK when/if requested.

Upon completing your training, we would like to offer you the option of a Trainee Licence with Amberstone Associates Limited. This is a fantastic way to gain hands on, real experience and interaction with pupils to help prepare for the Part 3 test.

This is completely optional after you have completed the Part 3 training (the minimum of 40 hours Part 3 training needs to be received within 6 months of when you are looking to start upon the licence.) If you do take on a Trainee Licence with Amberstone Associates Limited, we will provide you with the mandatory 20 hours of additional training required.

6. FAST TRACK COURSE

The Fast Track course stream is designed for individuals who would like to qualify as an approved driving instructor in the shortest possible time and is held in our specified training hubs around the country and at our headquarters in Bristol. If you have chosen the intensive course stream, please read the terms contained in this paragraph 6 which are applicable to you.

Your Part 3 training will be split into 22 hours of online theory training and 18 hours of practical training.

Unless you have chosen the intensive with accommodation option, accommodation during the course is not included in the training fee and, if required, must be arranged by you. We will, on request, provide a list of recommended hotels/B&Bs.

Once you have agreed to train on the fast track course you are not permitted to switch to the ‘ flexible’ option.

You must complete your course within 12 calendar months from the date of your initial course payment. Any training not yet taken by this point is forfeited and no refund will be due to you in respect of such forfeited training or any sums paid to Amberstone Associates Limited.

You must successfully pass Part 1 (Theory & Hazard Perception Test) and Part 2 (Driving Ability Test) before being able to book a place on Part 3 sessions.

A minimum of 28 days’ notice is required to amend any course booking date. Failure to do so will incur a cancellation charge of £200.00 for Part 2 and £500.00 for Part 3.

7. STANDARD TRAINING

The Standard training stream, previously referred to as ‘regional training’, enables individuals to qualify as anapproved driving instructor at their own pace and at times which are mutually agreed with the instructor for in-car sessions. If you have chosen this option, please be aware of the specific terms contained in this paragraph 7, which are applicable to you.

Your Part 3 training will be split into 22 hours of online theoretical training and 18 hours of practical training.

In-car tuition for the flexible course will take place at pre-agreed locations in your local region. This means that you may need to travel to a location convenient to your trainer for each lesson. There is no course option which guarantees your training is delivered door-to-door.

You must complete your course within 24 calendar months from the date of your initial course payment. Any training not yet taken by this point is forfeited and no refund will be due to you in respect of such forfeited training or any sums paid to Instructor College UK.

You must successfully pass Part 1 (Theory & Hazard Perception Test) and Part 2 (Driving Ability Test) before being able to book a place on any Part 3 sessions.

A minimum of 48 hours’ notice must be given to your instructor if you need to cancel or reschedule any Part 2 or Part 3 lessons. Failure to do so will incur the loss of the length of the booked lesson from your remaining balance of hours.

8. REFUND IF YOU FAIL TO QUALIFY

A full refund of the price payable will be made in the following circumstances as part of our money back guarantee:

Your agreed training package includes a Money back guarantee statement in the covering letter to you enclosing these terms;
You have attended all in car training sessions offered to you;
You have signed an ADI Franchise Agreement with Amberstone Associates Limited and have completed at least 12 months as a franchisee;
You are not in arrears with your franchise fee or have any other debt due to Amberstone Associates Limited;
There have been no complaints by pupils about your tuition or any other matter to do with you:
You have completed all home study training and been signed off by head office
You have taken all 3 attempts at the ADI Part 3
You have not taken any of the ADI qualification tests without being signed off by head office as being at test standard.
You have taken any additional training as requested at additional cost should the head office training team feel this is required beyond the normal course training hours.
You have returned to restart the training process with us two years after first taking and passing the ADI Part 1 and subsequently failed all 3 attempts for the second time at the ADI Part 3

In circumstances where a full refund is to be provided, this will be made via a bank transfer to your designated bank account within 60 days of this being agreed by the head office team.

In any event the right to a full refund if you fail to qualify is on a discretionary basis and Amberstone Associates Limited reserve the right to refuse any refund for any reason as deemed appropriate by the head office team.

10. GUARANTEED TO EARN £40,000

We guarantee you to earn at least £40,000 in your first year as a Driving Instructor providing the following circumstances have been followed:

You have taken on pupils as directed by head office within a reasonable catchment area
You have not failed to attend lessons or changed lesson times
You have successfully qualified as an ADI;
You have made yourself available for driving lessons for a minimum of 46 hours per week
You have signed an ADI Franchise Agreement with Amberstone Associates Limited;
You are not in arrears with your franchise fee or have any other debt due to Amberstone Associates Limited;
There have been no complaints by pupils about your tuition or any other matter to do with you:
You have not given notice to terminate you Amberstone Associates Limited Franchise

11. GENERAL

Complaints. If at any time during your training you are dissatisfied with the quality of the training or any aspect of the course, a complaint should be made as soon as practicable in writing to the company’s Head of Training Support. TheHead of Training Support shall attempt to resolve the matter promptly.

Our liability. We are not liable for death, or personal injury suffered by you during your tuition, unless such death orpersonal injury is caused by our negligence or breach of these Terms. Subject to the previous sentence, our total liability to you shall not exceed the course fees paid to us by you. Our total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms.

Data: If at any time you decide to change your mind and wish to withdraw your consent for us to hold and use the information you have provided, please follow the procedure outlined in our Privacy Policy which can be viewed at https://instructorcollege.uk/privacy-policy/

Disclaimer. In addition to providing the services under the Terms, we or our driving trainers may offer generic advice onthe operation of a franchise business, such as tips on marketing your services or operating a business. This information is of a general nature and not specific to you. You should seek separate professional advice before taking key business decisions. We make no warranty as to the accuracy or completeness of the information provided.

Right to assign. We may at any time assign or deal in any other manner with any or all of our rights and obligations under these Terms, provided that we give prior written notice of such dealing to you. You may not assign or deal in any other manner with any of your rights or obligations under these Terms in any circumstances.

Partnership. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you and us.

Third parties. A person who is not a party to these Terms shall not have any rights to enforce any of the Terms.

Entire agreement. These Terms supersede any previous agreements, arrangements, representations, undertakings or proposals, written or oral, between us in relation to the matters covered in these Terms or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Variation. No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

Waiver. No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shallconstitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that orany other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Law and jurisdiction. These Terms shall be governed by and construed in accordance with the law of England andWales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settleany dispute or claim arising out of or in connection with these Terms or its subject matter or formation.

AGREEMENT AND SIGNATURE: By purchasing your course online you confirm your agreement to the Terms. In any event, any participation or continued participationby you in the training services shall be deemed to constitute your acceptance of the Terms.

RETURN: Either scan or photograph and email digitally to admin@instructorcollege.uk

Course Purchase Terms and Conditions