TKO Driver Learning Agreement

Step 1

Step 2

TAMMY KINCAID OHANA DRIVING ACADEMY LLC AND GOUVEIA TRANSPORT LLC
DRIVER TRAINING AGREEMENT

Parent/Guardian's Name

Parent/Guardian's Email Address

Parent/Guardian's Address

Student's Name

Student's Address

Please download and review the Classroom Rules and Procedures before proceeding with the next step of this agreement.

Classroom Rules and Procedures

THIS CONTRACT is entered into by and between TAMMY KINCAID OHANA DRIVING ACADEMY, LLC, GOUVEIA a Hawaii limited liability company, with its principal place of business located in Haiku, Hawaii 96708, hereinafter referred to as “TKO Driving Academy” / "Gouveia Transport" and whose residence address is and hereinafter referred to as “Student”; and and, whose mailing address is hereinafter referred to as "Student’s Parents".

RECITALS:

WHEREAS, TKO DRIVING ACADEMY and Gouveia Transport operates a driving school and provides State of Hawaii licensed instructions to train student drivers in the State of Hawaii; and

WHEREAS, the State of Hawaii requires that any person under the age of 18 who is applying for a Class 1, 2, or 3 license be required to receive behind-the-wheel and classroom instruction in motor vehicle operations; and

WHEREAS, Student desires to obtain a Driver Education Student Completion Certificate so that student will qualify to apply for a motor vehicle driver’s license and instruction permit in the State of Hawaii; and

WHEREAS, Student’s Parents are entering into this Agreement so the TKO Driving Academy and Gouveia Transport will provide driver training to Student;

NOW, THEREFORE, the parties to this Agreement agree as follows:

Student’s Parents will pay to TKO Driving Academy the sum of $250.00 representing the fee for driver’s education 20 hours of classroom instruction and the sum of $300.00 representing the fee for six (6) hours of behind-the-wheel instruction. The total for both classroom and behind-the-wheel is $550.00.

If additional behind-the-wheel instruction is deemed necessary my TKO Driving Academy and/or Gouveia Transport and/or Student’s Parents, a separate agreed-upon fee based upon an hourly rate and the estimated number of hours necessary will be agreed-upon and paid in advance of the additional instruction.

TKO Driving Academy and/or Gouveia Transport acknowledges payment in full or partial payment for the services described in paragraph 1 above through written receipts which will be provided to parents upon request by TKO Driving Academy each time either a full payment or a partial payment is made. Accounts must be paid in full upon the student receiving the completion certificates.

PROGRAM. TKO Driving Academy and/or Gouveia Transport will provide six (6) hours of behind-the-wheel drivers training for Student and 30 hours of classroom training and upon satisfactory completion of the classroom and behind-the-wheel instructions, Student will receive a Driver Education Student Completion Certificate.

Lost Driver Education Student Completion Certificates have a $5.00 replacement fee per certificate. Requesting more than 1 replacement certificate could result in additional fees.

Behind-the-Wheel Appointment. Cancellation of an appointment requires a 72 hour notice to the instructor or a $25.00 fee will be assessed. Students cannot be more than 5 minutes late and must notify the instructor immediately if you are going to be late for your Behind-the-wheel appointment. Any No Call, No Show or late cancellation appointments will be assessed an additional $75.00 fee. The student will not be rescheduled for missed behind the wheel session until such time the fees have been paid.

NO WARRANTY. TKO Driving Academy and/or Gouveia Transport makes no warranties or guaranties the Student will be able to pass either the road test of the written test as implemented by the State of Hawaii or County of Maui and no refunds will be given to Student or Student’s Parents as a result of the Student’s failure to pass any test administered by any governmental agency to obtain a motor vehicle driver’s license. Student’s success in the driver education program or in taking the Motor Vehicle Drivers License written and road test is a function of Student’s skills and abilities. The successful completion of the drivers training course offered by TKO Drivers Academy and/or Gouveia Transport by Student and the obtaining of the Drivers Education Student’s Completion Certificate is only one of the prerequisites to obtaining a Motor Vehicle Drivers License. Obtaining the certificate does not mean the Student will obtain a Motor Vehicle Drivers License. Hawaii Law also requires no less that 40 hours of daytime driving and 10 hours of nighttime driving supervised by a license driver over the age of 21. TKO Driving Academy and/or Gouveia Transport behind the wheel training will not apply towards the requirement.

DAMAGE TO VEHICLES. Student’s Parents shall be responsible for all damage to TKO Driving Academy and/or Gouveia Transport vehicles while Student is operation said vehicles. TKO does provide liability insurance, however, under those policies, insurance companies may have subrogation rights against the Student driver and, Student’s Parents.

WAIVER OF LIABILITY. Student and Student’s Parents hereby release and forever discharge TKO Driving Academy and/or Gouveia Transport its members, officers, employed, instructors, attorneys, and insurance carriers from and on account of all claims, actions, causes of action, claims for relief, liability, judgments, costs, expenses, compensations, fees, demands, losses, attorneys’ fees, injuries, loss of service, or wrongful death, arising out of or relation to any injuries suffered by Student while Student is operating TKO Driving Academy and/or Gouveia Transport vehicles and participating in driver training education.

TKO DRIVING ACADEMY AND GOUVEIA TRANSPORT RULES AND REGULATIONS. Tammy Kincaid Ohana Driving Academy and Gouveia Transport rules and regulations, as amended from time to time, are deemed part of this Agreement and Student and Student’s Parents agree to abide by all such rules and regulations. Copies of Said Rules and Regulations are attached to hereto as Exhibit A.

MODIFICATION OF AGREEMENT. Any modification of this Agreement, or additional obligation assumed by any party in connection with this Agreement, shall be binding only if placed in writing and signed by each party or and authorized representative of each party.

NO WAIVER. The failure of any party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

PLACE OF SUIT. Any action at law, suit in equity, or other judicial proceeding, which may be filed to enforce the arbitration agreement as set forth in this Agreement or which may be instituted to enforce this Agreement or any portion thereof which is not subject to the arbitration requirement, if any, shall only be instituted in the courts of the Second Circuit State of Hawaii.

SUCCESSORS AND ASSIGN. This Agreement is bonding upon and inures to the benefit of the parties hereto and their respective heirs, personal representatives, administrators, successors in interest and permitted assigns.

CONTRACT AS INCLUDING ENTIRE AGREEMENT. This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties.

ATTORNEYS' FEES. In the event any party hereto shall bring suit, commence and arbitration, or hire an attorney to compel performance of or to recover for breach of any covenant, agreement or condition contained in this Agreement, the prevailing party shall be entitled to recover from the other party his/her/its costs and reasonable attorneys’ fees.

LAW GOVERNING. It is the intention of the parties hereto that this Agreement and the performance hereunder, and all suits and special proceedings hereunder, be construed in accordance with, under and pursuant to the laws of the State of Hawaii, and that in action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Hawaii shall be applicable and shall govern to the exclusion of the laws of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted.

ARBITRATION. Any controversy or claim arising out of, or relating to this Agreement, or its breach, shall be settled by arbitration, in accordance with HRS Chapter 658. The parties hereto are specifically agreeing not to apply or be required to comply with for the purposes of any arbitration HRS Chapter 658A, however, the parties further agree that any selected arbitrator shall retain jurisdiction over all matters relating to the arbitration for a period of time expiring 45 days after the arbitrator enters the arbitrator’s final award and during that period of time the arbitrator shall have the specific right and jurisdiction to modify, correct, or amend that final award upon motion by either party to correct, modify or amend the award notwithstanding any statutory requirement of HRS Chapter 658 to the contrary. Judgment on the award rendered may be entered in any court having jurisdiction. Either party desiring to submit an issue to arbitration, shall notify the other party of such desire in writing. The parties shall then agree within twenty-one(21) days of said request to a single arbitrator who will arbitrate all issues submitted to the Arbitrator pursuant to this paragraph. If the parties are unable to agree on an Arbitrator, the Arbitrator may, in the Arbitrator’s sole discretion, award attorney’s fees and costs to the prevailing party. The cost of the Arbitrator shall be equally divided between the parties unless the Arbitrator has come to a reasonable belief that the position taken by either of the parties was frivolous and whereupon the Arbitrator may assess the Arbitrator’s fees and costs against the party whose position the Arbitrator deems frivolous.

NO PARTY TO BE DEEMED DRAFTSMAN. If an ambiguity shall appear in this Agreement, such ambiguity shall not be resolved by interpreting the Agreement against any party as the draftsman. The language of this Agreement shall be interpreted simply according to its fair meaning.

ASSIGNMENT. This contract, and the obligations of each of the parties as set forth herein, shall not be assignable by either party without the expressed written consent of the other.

I have Received and Read Exhibit A and Exhibit B.

I understand there are no refunds.

I/WE the Parent(s)/Legal Guardian have reviewed in full the agreement with my/our child "student", and accept the terms and conditions.

Tammy Kincaid Ohana Driving Academy LLC
a Hawaii Limited Liability Company "TKO Driving Academy"

by Tammy Kincaid

Gouveia Transport LLC
A Hawaii Limited Liability Company "Gouveia Transport"

by Kaeo Gouveia

and

Parent/Guardian's Signature

Your Driver Training Agreement has been submitted.

An error occured.

TKO Driver Learning Agreement

TAMMY KINCAID OHANA DRIVING ACADEMY LLC AND GOUVEIA TRANSPORT LLC
DRIVER TRAINING AGREEMENT

Please download and review the Classroom Rules and Procedures before proceeding with the next step of this agreement.

TKO Driving Academy LLC

Navigation

Links

Thank you

Behind-the-Wheel

Online Classroom + Teen Behind the Wheel

Online Classroom

TKO Driver Learning Agreement

TAMMY KINCAID OHANA DRIVING ACADEMY LLC AND GOUVEIA TRANSPORT LLC DRIVER TRAINING AGREEMENT

Please download and review the Classroom Rules and Procedures before proceeding with the next step of this agreement.

TKO Driving Academy LLC

Navigation

Links

Thank you

Behind-the-Wheel

Online Classroom + Teen Behind the Wheel

Online Classroom

TAMMY KINCAID OHANA DRIVING ACADEMY LLC AND GOUVEIA TRANSPORT LLC
DRIVER TRAINING AGREEMENT