Key Points Summary: Learner Driver (For Guidance Only)

Key Points Summary: Driving Instructor Training Agreement  (For Guidance Only) 

Key Points Summary: Driving Instructor Franchise Agreement (For Guidance Only) 
 

 

 
Your Instructor is a self-employed franchisee (“Your Instructor”) of My Four Wheels Limited (“My Four Wheels”, “we”, “us”, “our”). My Four Wheels acts solely as an agent for your instructor in receiving your payment for the initial 2-hour lesson offer, except for payments made directly to your instructor. Where My Four Wheels makes bookings with, supplies information or documentation to you, or processes any payments for your lessons, we act as an agent for your instructor. The contract for driving tuition is strictly between you and your instructor.


0. Our Role as Agent

My Four Wheels Limited acts solely as an agent for your self-employed driving instructor (“Your Instructor”) in receiving your initial payment for the 2 hours for £59 offer. All other payments, refunds, and disputes regarding tuition are handled directly between you and your instructor. The contract for driving tuition is strictly between you and your instructor, not with My Four Wheels.
 
 
1. Qualifications
 
Your instructor is examined, licensed, and regularly checked by the Driving & Vehicle Standards Agency (DVSA). My Four Wheels instructors strive to deliver the highest quality of service and training. If you have any questions or concerns about your training, please contact your instructor or our office without delay.
 
 
2. General Conduct
 
Your instructor adheres to a professional code of conduct and will:
 

You are requested not to smoke or use a mobile phone during lessons and to behave in a respectful manner. Aggressive, violent, or intimidating behaviour (physical or verbal) will not be tolerated and may result in immediate termination of tuition without refund of prepaid fees.
 
 
3. Lessons
 

 
4. Cancellation of Lessons
 

 
5. Payments
 

 
6. Price Changes
 

 
7. Vehicle
 

 
8. Tuition Eligibility
 
Tuition is only available to persons who:
 

 
9. Discounted Offers
 

 
10. Test Bookings
 

 
11. Refund Policy & Warranties
 

 
12. Limitation of Liability
 
Your instructor and My Four Wheels are not liable for any loss or damage:
 

Neither party is liable for any business losses (including lost profits, earnings, opportunities, or business interruption).
 
This does not affect any statutory rights you may have as a consumer under the Consumer Rights Act 2015.
 
 
13. Insurance
 
Your instructor will carry appropriate motor insurance for driving tuition.
 
 
14. Transferability of Lessons
 
Lessons are non-transferable and may not be sold or gifted to another person.
 
 
15. Data Protection
 
Any personal data you provide will be held securely in accordance with the UK GDPR and Data Protection Act 2018. We will:
 

For more information, please see our Privacy Policy.
 
 
16. Health and Fitness to Drive
 
You are responsible for ensuring you are medically fit to drive and must inform your instructor of any health conditions or medications that may affect your ability to drive safely.
 
 
17. Intellectual Property
 
All content, materials, and resources provided by My Four Wheels or your instructor are protected by copyright and other intellectual property rights. You may use these materials only for your personal learning and may not copy, distribute, or sell them without our written consent.
 
 
18. Third-Party Links
 
Our website and materials may contain links to third-party websites. We are not responsible for the content or privacy practices of those sites.
 
 
19. Force Majeure
 
We are not liable for any delay or failure to provide services due to events outside our reasonable control, including but not limited to severe weather, natural disasters, pandemics, or DVSA test centre closures.
 
 
20. Complaints Procedure
 
If you have a concern:
 

My Four Wheels Limited
Clifton Moor Business Village
16 James Nicolson Link
York YO30 4XG
Tel: 01904 696453

A member of our Customer Care Team will respond within 5 working days.


21. Changes to Terms

My Four Wheels reserves the right to amend these Terms and Conditions to reflect changes in our business or legal obligations. We will notify you of significant changes via email or our website. Your continued use of our services indicates acceptance of the updated terms.


22. Severability

If any part of these Terms and Conditions is found to be invalid or unenforceable, the remainder shall continue to be valid and enforceable.


23. Entire Agreement

These Terms and Conditions constitute the entire agreement between you, My Four Wheels, and your instructor regarding driving tuition and supersede any prior understandings or agreements.


24. Dispute Resolution

Any disputes relating to these Terms and Conditions shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.


25. Statutory Rights

Nothing in these terms affects your statutory rights under the Consumer Rights Act 2015 or other applicable UK consumer laws.
 
 
Last updated: June 2025

 

My Four Wheels - Driving Instructor Training Agreement (the Agreement) 

 

BACKGROUND 

 

MFW offers recruitment opportunities, driving instructor training and a guaranteed franchised position in its driving school business (the Franchise) on successful completion of the training herein. 

 

1.1.     In this Agreement the following expressions will have the following meanings unless inconsistent with the context:
 

1.1.1. “ADI” means an Approved Driving Instructor;
 
 

1.1.2. “Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
 
 

1.1.3. “Client Centred Learning” is an essential element of Part 3 training as defined by the DVSA from time to time;
 
 

1.1.4. “Designated Trainer” means the Designated Trainer you will be allocated from time to time (the Designated Trainer allocated may change at any time during the duration of this Agreement);
 
 

1.1.5. “Driving Instructor Training” means the training you will receive as a whole and the individual elements therein including but not limited to written material, electronic training resources and in-car training;
 
 

1.1.6. “DVSA” means the Driver and Vehicle Standards Agency;
 
 

1.1.7. “DVSA Licences” means the Licences issued by the DVSA which legally entitle you to charge for delivering driving lessons and all other forms of driver training subject to the terms of such Licences;
 
 

1.1.8. “DVSA Test Fees” means the fees paid to the DVSA for Part 1, Part 2 and Part 3 exams;

 

1.1.9. “Effective Date” means the date of the Trainee’s enrolment on to the course and is set out in Schedule 1;
 
 

 

1.1.10.     “Franchise Agreement” means the Franchise Agreement to be entered into simultaneously with this Agreement by the Trainee and MFW, the form of which is attached hereto;
 
 

1.1.11.     “Franchise Commencement Date” shall mean the date on which the Franchise starts, which shall be the date you are granted a DVSA ADI qualified licence;

 

1.1.12.     “Franchise Fees” means the fees payable by the Franchisee (as defined in the Franchise Agreement) to THE DRIVING SCHOOL (as defined in the Franchise Agreement) in accordance with clause 9 of the Franchise Agreement.
 
 

1.1.13.     “Part 1”, “Part 2”and “Part 3” mean the relevant parts of the process specified by the DVSA to be undertaken by persons wishing to qualify as an ADI, being Theory (Part 1); Driving Ability (Part 2); and Instructional Ability (Part 3) and “Part” or “Parts” shall be construed as meaning any one or more of these parts as appropriate;
 
 

1.1.14.     “PDI” means Provisional Driving Instructor (a part-qualified or trainee driving instructor);
 
 

1.1.15.     “Services” means the training and administration services which we provide to you (including any of them or any part of them) under this Agreement;
 
 

1.1.16.     “Trade Name” refers to the trade name “My Four Wheels”;

 

1.1.17.     “Training Fees” means the total sum of money payable by the Trainee to MFW under this Agreement in accordance with clause 2 and set out in detail in Schedule 1;
 
 

1.1.18.     “We/Us/Our” means MFW;
 
 

1.1.19.     “You/Your” means the Trainee receiving driver instructor training under the terms and conditions of this Agreement.
 
 

1.2.     References to clauses are to clauses of this Agreement. References to Schedules are to Schedules to this Agreement.
 
 

2.           FEES



You will pay your Training Fees as detailed specifically in Schedule 1, on the agreement that you will enter into a Franchise Agreement as an instructor for the Initial Term (as detailed in the Franchise Agreement) with us on receipt of your ADI licence.



2.1.     The Initial Fee is to be paid on or prior to the signing of this agreement.



2.2.     The Franchise will start on the Franchise Commencement Date. Once the Franchise has started, you will begin paying the Franchise Fees



2.3.     If you fail to successfully complete the qualification process after 3 unsuccessful attempts of the Part 3 test, you will not gain a position in the Franchise and this Agreement will terminate in accordance with clause 11.4. Any outstanding Training Fees will still be due under Schedule 1.



3.           DVSA APPROVAL AND PRE-CONDITIONS OF TRAINING



3.1.     You confirm that:



3.1.1. you do not have any criminal convictions, any criminal investigation pending, or you have not had a check that has not been approved by the DVSA;



3.1.2. you hold a current and full UK driving licence with no more than 5 penalty points;



3.1.3. you are at least 21 years old and have held a full UK driving licence for at least 3 years;



3.1.4. you are medically fit to drive and that your eyesight meets the DVSA test standard; and



3.1.5. you will notify us of any change to your circumstances which cause any of these statements in clauses 3.1.1 to 3.1.4 to be incorrect.



3.2.     If any of the matters referred to in clause 3.1 above or any other information you have provided to us in relation to this Agreement is, or becomes at any time, not correct, we may, by notice in writing to you, terminate this Agreement. If we terminate this Agreement under this clause 3.2 we may retain all monies you have paid to us.



3.3.      Following payment of the Initial Fee, where, at our sole discretion, we have agreed that we will provide the Services to you prior to the DVSA approving your application to become an ADI and no such approval is obtained from the DVSA, the refund rules set out in clause 14 shall apply according to the circumstances.





3.4.     This Agreement must be signed and returned by you prior to any training materials or Services being provided by us. This includes a digital signature.



3.5.     A signed copy of this Agreement and either:



3.5.1. payment of the Training Fees in full payment; or



3.5.2. payment of the Initial Fee together with a signed copy of your payment plan

must be received by us prior to any training materials or Services being provided.



4.           CORE TRAINING



4.1.     We will not be obliged to provide you with any Part 1 training materials or Part 2 or Part 3 training until you have complied with the terms of clause 3.5.1 or 3.5.2.



4.2.     Once the conditions of clause 4.1 are met and we hold your signed copy of this Agreement, the training course entitles you to:



4.2.1. access to written training material, e-learning resources, and DVSA published books to help you study for the Part 1, Part 2 and Part 3 tests;



4.2.2. a maximum of 8 hours of in-car training to help you prepare for your Part 2 test;



4.2.3. a minimum of 40 hours of in-car & classroom training to help you prepare for your Part 3 test; and



4.2.4. administrative support.



5.           ADI EXAM PART 1 – THE THEORY TEST



5.1.     The standards which you will need to achieve to pass Part 1 are specified by the DVSA from time to time. In relation to Part 1 we will provide you with the following in order to assist you to achieve those standards:



5.1.1. We will provide you with written and electronic training materials required to study for Part 1.



5.1.2. We may provide you with advice as to whether and when, in our opinion, you are ready to take your Part 1 test. However, if we recommend that you are ready to take your Part 1 test, we do not give any guarantee that you will successfully pass such test.



5.2.     You will be responsible for booking your Part 1 test. The fee for this is payable by you direct to the DVSA. You must notify us of your test date(s).

5.3.     Should you need to re-sit your Part 1 test, you will be responsible for booking subsequent attempts. The fee for this is payable by you, direct to the DVSA.



5.4.     Upon passing Part 1 you will be invited to a series of Virtual Classroom Training sessions (VCTs). These sessions are designed to lay the foundations for Part 3 while you progress through Part 2. They make up 20 of your 40 hours of Part 3 training and must be completed before you will receive any Part 3 in-car training. They will also introduce you to the basics of Client Centred Learning, reducing the time it takes to complete Part 3 training and increasing your chance of successfully qualifying as a DVSA Approved Driving Instructor.



6.           ADI EXAM PART 2 – DRIVING ABILITY



6.1.     Your Part 2 training will commence no sooner than the date you pass the Part 1 test unless expressly agreed by us in writing. We are not obliged to provide Part 2 training until successful completion of Part 1.



6.2.     The standards which you will need to achieve to pass Part 2 are specified by the DVSA from time to time. In relation to Part 2 we will provide you with the following in order to assist you to achieve those standards:



6.2.1. written training materials; and



6.2.2. in-car tuition in your vehicle by a suitably qualified and experienced Designated Trainer. It is your responsibility to ensure your vehicle is appropriately taxed, insured and meets current road safety standards. At the sole discretion of our Designated Trainer, we may require you to use the Designated Trainer’s vehicle for your Part 2 training. There will be no additional charge if the Designated Trainer’s vehicle is used for your Part 2 in-car training.



6.3.     The maximum aggregate duration of the in-car tuition we are to provide you with under clause 6.2.2 shall not exceed eight (8) hours. This may be on a 1-to-1, or 2-to-1 basis, at our discretion. In-car training will be as local as possible, but may be regionally based. Due to the quality of trainer that is needed, you may be required to travel to complete your in-car tuition.



6.4.     You will be responsible for booking your Part 2 test. The fee for this is payable by you direct to the DVSA. The DVSA require you to have passed your Part 2 and Part 3 tests within 2 years of passing your Part 1 test. It is your responsibility to ensure that you arrange your Part 2 in-car tuition in a timely manner to enable you to meet this requirement (or any variation to it).



6.5.     We may provide you with advice as to whether and when, in our opinion, you are ready to take your Part 2 test. However, if we recommend that you are ready to take your Part 2 test, we do not give any guarantee that you will successfully pass such test.



6.6.     Should you need to re-sit your Part 2 test, you will be responsible for booking subsequent attempts. The fee for this is payable by you and must be paid directly to the DVSA prior to booking. If you require the use of a vehicle for the purpose of re-sitting your Part 2 test, we may at our sole discretion provide you with a vehicle in accordance with clause 6.2.2 above.



6.7.     Upon your request, we may provide you with training with the Designated Trainer in relation to Part 2 in addition to that set out in clause 6.2.2 above. Any such additional training with the Designated Trainer falls outside of this Agreement and therefore we shall charge you for such additional training on behalf of your Designated Trainer at your Designated Trainer’s hourly rate. We will inform you of this hourly rate prior to providing you with additional training under this clause 6.7.  All additional training must be paid for in advance to your Designated Trainer.



6.8.     If you book training in relation to Part 2 in addition to that set out in clause 6.2.2 with a trainer other than the Designated Trainer then external fees may vary.



You must advise us of the outcome of every Part 2 test attempt (whether you have passed or failed), the date of the test and the overall score you achieved. If you have passed, you must submit a copy of your DL25 Part 2 pass to us by email to support@crm.myfourwheels.co.uk as soon as possible.





7.           ADI EXAM PART 3 – INSTRUCTIONAL ABILITY



7.1.     The in-car component of your Part 3 training will commence no sooner than the date you pass your Part 2 test, unless expressly agreed by us in writing.



7.2.     The standards which you will need to achieve to pass Part 3 are specified by the DVSA from time to time. In relation to Part 3 we will provide you with the following in order to assist you to achieve those standards:



7.2.1. written training materials; and



7.2.2.  in-car tuition in your vehicle by a suitably qualified and experienced Designated Trainer. It is your responsibility to ensure your vehicle is appropriately taxed, insured and meets current road safety standards. At the sole discretion of our Designated Trainer, we may require you to use the Designated Trainer’s vehicle for your Part 3 training. There will be no additional charge if the Designated Trainer’s vehicle is used for your Part 3 in-car training.



7.3.     The minimum aggregate duration of the in-car and classroom tuition we are to provide you with under clause 7.2.2 shall not be less than 40 hours. This may be on a 1-to-1, or 2-to-1 basis, which is at our discretion. In-car training will be as local as possible, but may be regionally based. Due to the quality of trainer that is needed, you may be required to travel to complete your in-car tuition.



7.4.     You will be responsible for booking your Part 3 test. The fee for this is payable by you and must be paid directly to the DVSA prior to booking.



7.5.     The DVSA require you to have successfully completed the ADI qualifying process within 2 years of passing your Part 1 test. It is your responsibility to ensure that you arrange your Part 3 in-car tuition in a timely manner to enable you to meet this requirement (or any variation to it) We may provide you with advice as to whether and when, in our opinion, you are ready to take your Part 3 test. However, if we recommend that you are ready to take your Part 3 test, we do not give any guarantee that you will successfully pass such test.



7.6.     Should you need to re-sit your Part 3 test, you will be responsible for booking subsequent attempts. The fee for this is payable by you directly to the DVSA.



7.7.     Upon your request, we may provide you with training in relation to Part 3 in addition to that set out in clause 7.2.2 above. Any such additional training falls outside of this Agreement and therefore we shall charge you for such additional training on behalf of your Designated Trainer at your Designated Trainer’s hourly rate, if you use a Designated Trainer (if you do not, then external fees may vary). All additional training must be paid for in advance to your Designated Trainer.



7.8.     You must advise us of the outcome of every Part 3 test attempt (whether you have passed or failed), the date of the test and the overall score you achieved. Where you have passed you must submit a copy of your ADI Part 3 (SC) - Part 3 pass report to us by email to support@crm.myfourwheels.co.uk as soon as possible.



8.           DVSA TRAINEE LICENCE



8.1.     This clause 8 will apply to you unless you are entering a Non-Trainee Licence Agreement as set out in in Schedule 1.



8.2.     Once you have passed your Part 2 exam and completed 40 hours of Part 3 training, you  agree to apply to the DVSA for a trainee driving instructor licence.  On receipt of your trainee driving instructor licence you will become a PDI.



8.3.     You agree to pay the DVSA trainee licence fee direct to the DVSA when making your trainee driving instructor licence application online.



8.4.     Trainee driving instructor licences are issued and controlled by the DVSA and it will be your sole responsibility to adhere to the operating standards set out by the DVSA from time to time (as set out on the gov.uk website).



8.5.     When you become a PDI, the DVSA stipulate as part of the terms of the licence that, within the 12-week period commencing on the date on which you become a PDI and before taking the Part 3 exam, you must take a minimum of twenty (20) additional hours of Part 3 tuition prior to sitting your Part 3 exam (Additional Part 3 Training).



8.6.     We will provide you with ten hours of Additional Part 3 Training through VCTs.



8.7.     Provision of the remaining 10 hours of Additional Part 3 Training falls outside of this agreement. You will therefore need to arrange for a minimum of 10 hours of Additional Part 3 Training. If you choose to arrange Additional Part 3 Training with your Designated Trainer, we are entitled to charge you on behalf of your Designated Trainer at your Designated Trainer’s hourly rate (we will inform you of this rate prior to booking). If you arrange for Additional Part 3 Training with a trainer other than your Designated Trainer, external fees may vary.



8.8.     Clauses 8.9 to 8.23 will apply from the date you receive your DVSA PDA licence to the date you either:

 

8.8.1. receive your DVSA ADI licence (the Franchise Commencement Date),

 

8.8.2. fail Part 3 on your third attempt (in which case clause 11.4 will apply and this Agreement will terminate) or,
 
 

8.8.3.  otherwise cease to be a PDI.

 

8.9.     As a PDI, you will be able to teach driving lessons to pupils for payment. We will generate pupil leads for you in order to maintain your diary.

 

8.10. We will grant to you:
 
 

8.10.1.     Licence to use the Trade Name
 
 

8.10.2.     Licence to use MFW’s trademark symbols, insignias, distinctive designs and logos
 
 

8.11. Should you choose, we can provide you with one dual-controlled tuition vehicle for you to use to provide driving lessons to pupils. This vehicle will be provided to you subject to the following conditions:
 
 

8.11.1.     All vehicles held by you under this clause 8.11 shall be held by you as bailee and no interest or property right of any kind shall pass to you.

 

8.11.2.     We reserve the right to request the return of the vehicle at any time.

 

8.11.3.     You will pay the Trainee Vehicle Deposit (as defined in Schedule 1) at least 7 days prior to the delivery of the vehicle provided to you under this clause 8.11.
 
 

8.11.4.     You will pay to us an additional weekly Trainee Vehicle Fee (as defined in Schedule 1) for the provision of the vehicle in accordance with this clause 8.11.

 

8.11.5.     All vehicles provided to you under this clause 8.11 shall be hired to you and shall not be charged or offered as security by you, nor shall you permit any lien or other encumbrance to affect any such vehicles and in particular you shall inform any person to whom a charge over any of your assets is to be issued that the said vehicle or any replacement vehicle pursuant to clause 8.16 is not your property.

 

8.11.6.     If you exceed the Trainee Vehicle Mileage (as defined in Schedule 1), each additional mile will be charged to you at 17p per mile + VAT.
 
 

8.11.7.     The vehicle shall not be taken to any other country outside the United Kingdom nor driven by any person other than you or one of your pupils without our prior written agreement having first been obtained.

 

8.12. We shall be responsible for meeting (where applicable) the following expenses in connection with vehicles hired to you under clause 8.11:
 
 

8.12.1.     Any payments made in respect of the purchasing or financing of the dual-controlled vehicles
 
 

8.12.2.     Any cost associated with the road fund licence
 
 

8.12.3.     Any costs associated with the routine servicing, tyres, clutch and brakes provided that there is no evidence of abuse to the vehicle relating to excessive wear of the tyres and brakes and provided you have not exceeded the Trainee Vehicle Mileage.
 
 

8.12.4.     All costs relating to mileage provided you have not exceeded the Trainee Vehicle Mileage.

 

8.13. You shall be responsible for meeting the following expenses in connection with vehicles hired to you under clause 8.11:
 
 

8.13.1.     All fuel and other running costs (including without limitation parking fines and any other fines for traffic offences)
 
 

8.13.2.     Any costs associated with you obtaining suitable specialist driving school insurance for the vehicle in order to be able to legally teach provisional licence holders to drive.

 

8.13.3.     Any cost associated with the service and repair to the vehicle and decals arising from damage or loss as a result of negligence or wilful damage, and routine servicing costs and repairs if you exceed the Trainee Vehicle Mileage.

 

8.13.4.     Any cost associated with punctures to the vehicle.

 

8.14. You shall be responsible for the safekeeping of all vehicles provided to you under clause 8.11 and shall keep each such vehicles clean, tidy and generally in good order and repair and in condition satisfactory to us and also properly serviced by dealers or by garages approved by us in accordance with the manufacturer’s recommendations for such vehicle and you shall not alter or adjust or cause to be altered or adjusted (save for in the course of routine repairs) any such vehicle. Any bodywork repairs shall be only carried out at such workshops first approved by us. You shall further ensure that all such vehicles at all times display the decals in a visible and clean state.

 

8.15. Any vehicle supplied to you under clause 8.11 is authorised by us for use by you solely for providing driver training to pupils under or pursuant to clause 8. At no time shall you do or permit any such thing that invalidates any insurance arranged by us. You shall be responsible for reporting any accidents or incidents involving any such vehicle to the police or other proper authority within the time prescribed by law and to give promptly all such information and assistance in connection with any accident as the police, MFW or its insurers or agents may require.

 

8.16. If any vehicle supplied by us under clause 8.11 is out of use because of mechanical fault, you shall arrange for repair at a garage approved by us. If any vehicle supplied by us under clause 8.11 is out of use due to accident damage, MFW will upon being promptly notified of such fact provide wherever possible and as soon as reasonably practicable provide a substitute dual-controlled motor vehicle and the provisions of clause 8 shall apply equally to such substitute motor vehicle. You shall be wholly responsible for any damage occurring to such substitute motor vehicle as a result of wilful negligence or wilful damage.

 

8.17. We shall not be liable to you or any third party for any direct or indirect damages, losses, claims or expenses (including without limit loss of profit or business or other consequential loss) or costs incurred if the vehicle provided to you under clause 8.11 breaks down or is otherwise unavailable for use to provide driving lessons to pupils or in the event of any accident whether the same is caused by mechanical defect  of the vehicle or howsoever caused.

 

8.18. Under no circumstances shall you provide driving lessons to pupils using a tuition vehicle other than a vehicle supplied by us under clause 8.11 except where:
 
 

8.18.1.      we have given prior consent, and

 

8.18.2.     you have verified there is appropriate insurance cover for the vehicle in question.

 

8.19. If you, in accordance with the provisions of clause 8.18 use a tuition vehicle to provide driving lessons to pupils other than a vehicle provided by us under clause 8.11 which becomes unusable due to accident damage, MFW may, subject to availability, provide to you a replacement tuition vehicle. Should you wish to make use of a replacement tuition vehicle under this clause 8.19, we will recover the cost of providing the replacement tuition vehicle from you.

 

8.20. You agree and undertake with us that:

 

8.20.1.     DVSA and regulatory requirements:
 
 

8.20.1.1.            You will abide by the DVSA’s code of conduct for driving instructors and to MFW’s code of conduct.
 
 

8.20.2.     Standards:
 
 

8.20.2.1.            You will use best endeavours to maintain the highest standards in all matters connected with providing driving lessons to pupils and will comply with all advice and instructions given to you by us with regard to standards or quality of service provided by you.
 
 

8.20.2.2.            You shall not under any circumstances pledge the credit of MFW or represent yourself as being MFW or an agent or employee or partner of MFW and nothing contained in or relating to this Agreement shall or shall be deemed to constitute a partnership or contract of employment between the parties.
 
 

8.20.2.3.            When providing driving lessons to pupils you shall at all times be polite, clean and tidily clothed in MFW’s uniform (which you shall purchase in accordance with clause 8.20.3.7) and you shall maintain such standards with regard to cleanliness, clothing, appearance and demeanour as are reasonably necessary to maintain the uniformly high standards associated with the Trade Name.

 

8.20.2.4.            You will be responsible for and will promptly settle all parking fines and any other fines for traffic offences arising in connection with any motor vehicle hired to you under this Agreement.

 

8.20.2.5.            You are and have chosen to be a self-employed independent contractor carrying on your business as a driving instructor and will not be entitled to make any claim against MFW for unfair dismissal compensation or loss of office or redundancy compensation in the event of this Agreement being terminated.

 

8.20.2.6.            You shall as a self-employed person carrying on his own business keep and maintain all necessary books of account and records and be responsible for discharging all VAT, income tax and national insurance liabilities incurred by you in connection with your business and for meeting all other requirements of any competent taxing authority.

 

8.20.2.7.            You shall at all times act in the best interests of MFW and do nothing and commit no act or omission which in the view of MFW will harm or cause damage to its goodwill and/ or reputation. In particular (without prejudice to the generality of the foregoing) you shall not without our prior agreement in writing, make any post or comment on social media or review sites or make any comment to the press or other media whether arising directly or indirectly in connection with or out of driver training services in general or in respect of MFW in particular.

 

8.20.2.8.            You shall not pursue any marketing policy or business practice which may be objected to in good faith by MFW as being likely to give rise to justifiable professional or public criticism.

 

8.20.2.9.            You shall carry on your business as a sole trader (and not as a limited company or partnership or otherwise howsoever).
 
 

 

8.20.2.10.         You shall keep us advised of any change of your address or telephone number
 
 

8.20.2.11.        You shall forthwith provide to us upon request details of the mileage of each tuition vehicle hired to you by us for the purposes of our vehicle supply arrangements and such other data as considered appropriate to enable us to assist you in operating your business providing driving lessons to pupils as a PDI.
 
 

8.20.2.12.        You shall provide on request for the same, information relating to Pass Statistics, Vehicle Reg & Mileage.

 

8.20.3.     Materials and Branding:
 
 

8.20.3.1.            You acknowledge that MFW has the exclusive right to the Trade Name and to all intellectual property including but not limited to logos, trade names and symbols now or hereafter applied for or granted or used in connection therewith.
 
 

8.20.3.2.            You agree that we may use your address for the purposes of promoting the MFW brand and for marketing purposes.
 
 

8.20.3.3.            You shall use in connection with your business providing driving lessons as a PDI pursuant to the terms of clause 8 only such stationery and other documentation with third parties as we shall provide stipulate or approve.

 

8.20.3.4.            With the prior written approval of MFW, you may advertise in accordance with our guidelines from time to time using only the style and format of advertising previously stipulated by and approved by us.

 

8.20.3.5.            You shall at all times ensure that the driving tuition vehicle operated by you bears the signwriting design as set by MFW at that time. Signwriting must be done using a supplier specified by us. No other supplier may be used without our prior written agreement.
 
 

8.20.3.6.            You shall, at their own cost, purchase MFW’s branded uniform. Details of the items of uniform which you are required to purchase and their respective prices are set out in Schedule 1.

 

8.20.4.     Dealing with pupils:
 
 

8.20.4.1.            You agree to use our tuition plans as varied from time to time to the intent that you will exercise your own judgement, skills and expertise in determining the manner in which you give tuition to pupils. “Piggyback” style tuition is strictly prohibited;
 
 

8.20.4.2.            You shall contact all pupils for driving tuition who book driving lessons with you within 24hrs of the pupil making the booking.
 
 

8.20.4.3.            You will only charge fees to pupils for driving tuition in such amount as shall from time to time be advised by us and in particular no discounts or variation to such fees will be made without the prior written agreement of MFW.
 
 

8.20.4.4.            You will be responsible for the collection of monies from pupils of driving tuition serviced by you and shall not operate credit accounts for pupils of driver tuition. In the event that a pupil requires a refund of any type, you will be responsible for refunding the pupil direct.

 

8.20.4.5.            In the event that you are unable for whatever reason to honour a booking for tuition, you will inform us and we shall have the right to appoint a substitute instructor. If we appoint a substitute instructor under this clause 8.20.4.5 and you have received payment from the pupil for the tuition which the substitute instructor is to provide, you will transfer directly to the substitute instructor any and all money you have received in relation to such tuition. We will recover from you any cost associated with providing a substitute instructor under this clause 8.20.4.5.

 

8.20.4.6.            If you cancel a pupil’s driving lesson with you within 24hrs of the lesson’s scheduled start time, you shall refund directly to the pupil the cost paid by the pupil for the cancelled lesson.

 

8.20.4.7.            You shall promote and preserve the goodwill and reputation associated with the Trade Name by properly providing at no extra cost to a pupil a lesson or lessons as the case may be or otherwise responding to any bona fide complaint from a pupil howsoever arising (including where appropriate or if the pupil requests referring the matter to MFW who may (in our absolute discretion) decide that such other lesson or lessons shall be provided by another instructor in which case the cost shall be met by you.
 
 

8.20.4.8.            Subject to the aforesaid you will use your own judgement, skill and expertise in determining the manner in which you give tuition to pupils and in consultation with us, you will be responsible for recommending to pupils the number of driving lessons required and advising generally on all aspects of their driving.
 
 

8.20.4.9.            You shall use your best endeavours to inform us of every pupil who passes their test and provide contact details for that pupil in order that we may contact the pupil for feedback.
 
 

8.20.4.10.        You must provide a pupil ‘pass photo’ to MFW for every test pass (where the pupil is happy for him to do so). The photo should be of the pupil, with pass certificate and with a branded MFW vehicle in the background.
 
 

8.21. Save as may be otherwise required by law or by any applicable regulatory authority, you shall not without the prior written approval of MFW either during the continuance of this Agreement or (notwithstanding any other term hereof) at any time thereafter disclose to any person, form or company any confidential information belonging to MFW or trade secret, confidential operation process, dealing or private knowledge or information relating to MFW’s business providing driver training, names or customers, organisation, business, dealings, finance, transactions or affairs of MFW or any persons associated with MFW except to the extent that disclosure of such information is authorised by us in writing.
 
 

8.22. You shall pay to us a weekly Trainee Licence Fee (as defined in Schedule 1). The Trainee Licence Fee is payable by weekly direct debit. If any payment due under this Agreement fails, we will charge you £35 to cover bank costs and an administration charge.

 

8.23. If you terminate this Agreement for any reason and at the date of such termination there is an outstanding balance due to a pupil or pupils, we will charge an administration fee of £100 per pupil refund made.
 
 

9.           DVSA FULLY QUALIFIED ADI LICENCE



9.1.     You agree to apply for an ADI licence once you have passed your Part 3 exam. We will assist in your application for an ADI licence.



9.2.     You must pay the full DVSA ADI licence fee on submission of your ADI licence application.



9.3.     ADI licences are issued and controlled by the DVSA and it will be your sole responsibility to adhere to the operating standards set out by the DVSA (as set out on the gov.uk website).



10.       MATERIALS AND TUITION



10.1. We will send the training materials to the address that you have provided to us for that purpose. We will use reasonable endeavours to send the training materials to you within 5 Business Days after we receive payment of the Initial Fee.



10.2. If you cancel any in-car tuition with less than 72 hours’ notice such tuition shall count towards the number of hours tuition specified in the appropriate clauses in clause 4.2 of this Agreement. These hours will be deducted from your allowance. Any additional resulting hours required will be outside of this Agreement and will be paid for by you.



10.3. If you fail to attend any pre-arranged training session without notifying your Designated Trainer within 20 minutes from the agreed start time, the session will be forfeit and the hours deducted from your allowance. Any additional resulting hours required will be outside of this Agreement and will be paid for by you.



10.4. We will use reasonable endeavours to fulfil any in-car tuition you have booked.





10.5.  In addition to the Services under this Agreement, we may provide suggestions on operating a franchise including business skills and marketing advice. The information is of a general nature, is not tailored and is not a substitute for professional advice. You are recommended to obtain specific professional advice before you take any action. We make no warranty of any kind with respect to the completeness or accuracy of the information provided. We will not be liable to you for any actions taken or inactions as a result of you relying on or in any way using information given relating to operating a franchise and in no event shall we be liable to you for any damages resulting from reliance on or use of this information.



11.       TERMINATION

 

11.1. You may terminate this Agreement at any time provided we have received payment in full of the fees detailed in Schedule 1.
 
 

11.2. If you elect to terminate this Agreement in accordance with clause 11.1 and you then complete your driving instructor training using another provider or otherwise, and begin providing driving lessons as a PDI, you remain obligated to pay the weekly Trainee Licence Agreement Fee in accordance with clause 8.22, unless you had entered into a Non Trainee Licence Agreement as set out in Schedule 1
 
 

11.3.  If you elect to terminate this Agreement in accordance with clause 11.1 and you then complete your driving instructor training using another provider or otherwise, and begin providing driving lessons as an ADI, you remain obligated to enter into the Franchise set out in the Franchise Agreement. If you enter into the Franchise under this clause 11.3, the Franchise will commence on the date on you are granted a DVSA ADI qualified licence. The provisions of the Franchise Agreement will then apply.

 

11.4. This Agreement will terminate if you fail three attempts at Part 3 tests, but all Training Fees will remain payable as detailed in the Schedule 1.
 
 

11.5. We may exercise our rights to terminate this Agreement in accordance with clause 3.
 
 

11.6. We may terminate this Agreement if you do not sit your Part 1 test on a least one occasion within 4 months of the Effective Date and have passed Part 1 within 9 months from the Effective Date but all Training Fees will remain payable as detailed in Schedule 1.
 
 

11.7. We may terminate this Agreement if you do not sit your Part 2 test on a least one occasion within 4 months of passing Part 1 and have passed Part 1 within 12 months of the Effective Date but all Training Fees will remain payable as detailed in Schedule 1.
 
 

11.8. From the Effective Date you have 18 months to undertake all of the training which we are obliged to provide you under the terms of this Agreement. If you do not complete the training within the 18-month timeframe any remaining or unused training may be lost and no refund (either in part or in full) will be due to you.
 
 

11.9. If this Agreement is terminated under this clause 11 or otherwise, your obligations under clause 8.20.2.7 shall continue for 12 months from the date on which the Agreement was terminated.

 

12.       YOUR RIGHT TO CANCEL



12.1. If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel this Agreement within 14 days without giving reason and receive a full refund of any payment you have made to us. To exercise the right to cancel you must inform us of your decision to cancel this contract by phone, email or post within 14 days from the Effective Date of this Agreement (Cooling Off Period). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cooling Off Period has expired.



12.2. In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 if you have either:



12.2.1.     agreed that any part of your training can start within the Cooling Off Period; or



12.2.2.     accessed your electronic training material within the Cooling Off Period; then your right to cancel this Agreement and receive a full refund will end as soon as the training starts or at the time you access your electronic training material. By accessing the electronic training material during the Cooling Off Period you have provided us with your express consent to start the training process prior the expiry of the Cooling Off Period and thereby waiving any right to cancel and obtain a full refund.



12.3. If you choose to cancel within the cooling off period, then you must return any written training materials we may have sent to you to us at the return address provided when you received the written and electronic training materials. The training materials must be in an unused condition and returned at your cost. We advise you to ensure these materials are adequately insured during the return journey. We may withhold reimbursement until we have received the training materials back or you have supplied evidence of having sent back the training materials, whichever is the earliest.



12.4. You shall send back the written and electronic training materials without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this Agreement to us or when requested to do so by us, whichever occurs later.



12.5. If you have not returned the training materials within 14 days of cancellation or when requested by us to do so, whichever occurs later, we shall be entitled to recover the materials from you and deduct from any refund due to you the costs of recovering the materials.



12.6. If when the returned written and electronic training materials sent by you have been received by us, they are discovered to have been used or damaged in any way we may deduct up to £200 to cover the cost of ordering and replacing such materials, and a contribution towards admin costs.



13.       REFUNDS ON CANCELLATION OF THIS AGREEMENT



13.1. The refund that you will be entitled to on cancellation of this Agreement will depend on:



13.1.1.     whether the Cooling Off Period has been waived or expired at the time of your cancellation; and



13.1.2.     whether we have been unable to provide you with the Services you purchased as set out in this Agreement.



14.       REFUND RULES



14.1. As the course you are purchasing is heavily subsidised and requires an up-front investment from us, we will only offer refunds or part-refunds under the following conditions:



14.1.1.     you are within your Cooling Off Period and have not accessed any written or electronic training material, received any training from our Designated Trainer or received any administrative support from us. In this instance you will be entitled to a full refund of all monies paid.



14.2. with the exception of the reasons contained within clause 3 of this Agreement, we have been unable to supply all, or part of the Services purchased by you as detailed below. In these cases, we will issue a part-refund as described:



14.2.1.     If we are unable to provide the written and electronic training material required for your training course but we are able to provide your in-car training for the Part 2 and Part 3 tests then we will refund £50 to cover the cost of you purchasing your own written and electronic training materials.



14.2.2.     If we are unable to provide the initial in-car training for Part 2 as set out in 4.2.2 of this Agreement we will refund 70% of the course fee less a £50 administration charge and the cost of any training material provided by us and not returned unused.



14.2.3.     If we are unable to provide the initial in-car training for Part 3 as set out in 4.2.3 of this Agreement we will refund 40% of all monies paid by you less a £50 administration charge and the cost of any training material provided by us and not returned unused.

14.3. Note that any refund provided under the above will reflect any discount given at the time of purchase.



14.4. Where a refund is owed, we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any transaction fees as a result of the reimbursement.



15.       GENERAL

 

15.1. We are not liable for any death, loss or injury sustained by you during or after the tuition unless such death, loss or injury is due to our negligence or breach of this Agreement.
 
 

15.2. If we choose not to rely on any of our rights under this Agreement, this does not affect our liability to rely on these same rights in future.
 
 

15.3. We may assign, hold on trust, licence or sub-contract all or any part of our rights or obligations under this Agreement. In particular we may provide the Services (or any part of them) through third party driving instructors.
 
 

15.4. This Agreement is personal to you and you may not assign; hold on trust; licence; sub-contract or re-sell all or any of your rights or obligations under this Agreement without our prior written consent.
 
15.5. No one else shall be able to enforce any of the terms of this Agreement.
 
 

15.6. By providing us with your personal data and contact details, you consent to the use of that data and to being contacted by MFW by post, telephone, e- mail, SMS or other electronic means, to inform you about products and services which it considers may be of interest to you. However, you can contact us in writing at any time to suppress some or all MFW products at My Four Wheels Limited, 16 Clifton Moor Business Village, James Nicolson Link, York, YO30 4XG.
 
 

15.7. This Agreement may not be varied unless that variation is in writing signed both by you and on behalf of us.
 
 

15.8. Any notice inconnectionwith this Agreement (including any complaints)must be in writing addressed to Training Support Manager, My Four Wheels Limited, 16 Clifton Moor Business Village, James Nicolson Link, York, YO30 4XG and will be duly served:
 
 

15.8.1.     if delivered by hand, when left at the proper address for service;
 
 

15.8.2.     if given or made by first class post or special delivery post, 48 hours after being posted or in the case of airmail 14 days after being posted excluding days other than business days.
 
 

15.9. This Agreement shall be construed in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
 
 

15.10.                 This Agreement and the Franchise Agreement attached hereto set out the entire agreement and understanding of the parties and is in substitution of any previous written or oral agreement between the parties.
 
 

15.11.                 You may have other rights granted to you by law in addition to those set out in this Agreement. This Agreement does not affect those other statutory rights granted by law.
 
 

16.       Franchise Agreement

 

16.1. Once you have completed your Driving Instructor Training with us and received your ADI licence, you will enter into a franchised position with us on the terms of the Franchise Agreement attached to this agreement. We guarantee to offer you a franchised position for the Initial Term.
 
 

16.2. The Initial Term will be subject to the terms and conditions of the Franchise Agreement attached hereto. Your application will be subject to our usual checks for all new joiners, including credit check, valid ADI licence, valid driving licence and criminal record check (now called a “DBS” check).
 
 
Although your signature of this Agreement will amount to an acceptance of the terms of both this Agreement and the Franchise Agreement (the form of which is attached hereto), please also signify your agreement where indicated on the said Franchise Agreement. 

 

IMPORTANT 

 

This document is a Franchise Agreement granted to an independent self-employed driving instructor. If you are any in any doubts as to its contents you should consult your professional advisers. 

 

Your attention is drawn to the fact that the Franchise Agreement set out below is for an Initial Term (as detailed in Schedule 1) and cannot be terminated by the Franchisee prior to the expiry of the Initial Term. 

 

 

THIS FRANCHISE AGREEMENT 

 

BETWEEN:- 

 

1.     My Four Wheels Limited (T/A My Four Wheels) of 16 Clifton Moor Business Village, James Nicolson Link, York, YO30 4XG (herein referred to as “THE DRIVING SCHOOL”) 

 

and 

 

 |  |                                                 2.     ______________________________ of __________________________________________________________________ (herein referred to as “The Franchisee”) 

 

WHEREAS 

 

(A) THE DRIVING SCHOOL has established a substantial demand and goodwill in connection with the provision of uniformly high standards of driver training services under the trade name “My Four Wheels” (hereinafter “the Trade Name”). 

 

(B) THE DRIVING SCHOOL conducts its business through the address listed above and provides driver training (“THE DRIVING SCHOOL business”) and the Franchisee carries on a business on his own account providing driver training to pupils as a Department of Transport Approved or Licensed Driving Instructor (“the Franchisee’s business”). 

 

(C) In order to benefit from THE DRIVING SCHOOL’s name and reputation the Franchisee has requested THE DRIVING SCHOOL to grant him a franchise on the terms of this Agreement (“the Franchise”) and THE DRIVING SCHOOL has agreed to do so subject to and in accordance with the terms and conditions set out below. 

 

 

NOW IT IS HEREBY AGREED as follows: 

 

1.           PERIOD OF AGREEMENT 

1.1.    This Franchise Agreement shall (subject to the provisions for termination hereinafter contained) continue in full force and effect for the Initial Term commencing on the Franchise Commencement Date (as defined in the Training Agreement entered into simultaneously with this Franchise Agreement by the Franchisee and THE DRIVING SCHOOL). 

 

1.2.    The Franchisee may terminate this agreement at the end of the Initial Term by giving advance written notice of such termination no later than 90 days prior to the end of the Initial Term. In the event of such termination of this agreement, the fees payable under this agreement will cease on the Friday following the end of the Initial Term. If the Franchisee fails to issue notice of termination in accordance with this clause 1.2 the Franchise Agreement will automatically renew for an additional 12-month period. 

 

1.3.    Following the Initial Term the Franchisee may terminate this agreement by giving 60 days advance written notice prior to each subsequent anniversary of the commencement of this agreement. In the event of such termination of this agreement, the fees payable under the Franchise Agreement will cease on the Friday following the end of the anniversary date. 

 

1.4.    Notwithstanding the foregoing, no termination of this Agreement shall relieve the Franchisee of their obligations hereunder to pay the DRIVING SCHOOL applicable fees and expenses incurred prior to such termination. 

 

2.           PRINCIPAL OBJECTIVE 

It is a principal and fundamental objective of this Franchise Agreement that: 

 

2.1.      In order to achieve the maximum benefit from the goodwill and reputation of THE DRIVING SCHOOL and thereby improve the profitability of the Franchisee’s Business the Franchisee must comply with the standards and conditions set out herein; and 

 

2.2.      THE DRIVING SCHOOL as the operator of the franchise operation must retain the right to take such steps as it may consider necessary from time to time to protect and enhance not only THE DRIVING SCHOOL’ S Business but also the businesses of THE DRIVING SCHOOL franchised driver trainers. 

2.3.      The remaining terms and conditions of the Franchise Agreement shall be read and constructed subject to the provisions of this clause 2 

 

3.       RIGHTS GRANTED 

3.1.    Subject to and in accordance with the terms hereof THE DRIVING SCHOOL hereby grants to the Franchisee: 

3.1.1.Licence to use the Trade Name; 

3.1.2.Licence to use THE DRIVING SCHOOL’s trademark symbols insignias distinctive designs and logos; 

3.1.3.Licence to hold himself/herself out to the public as being an instructor operating under a franchise with THE DRIVING SCHOOL (a “My Four Wheels Franchised Instructor”). 

3.1.4.All other rights and benefits relating to the Franchisee by virtue of this Franchise Agreement. 

3.2.    The Franchisee is granted the right to place on all letter headings, bills, invoices and any other documents or literature used by him in connection with the Franchisee’s Business (in accordance with clause 7.3.5 in such manner and in such place as THE DRIVING SCHOOL may direct the following words “A My Four Wheels franchise owned and operated under licence by” followed by the Franchisee’s name. 

 

3.3.    THE DRIVING SCHOOL and the Franchisee agree that THE DRIVING SCHOOL shall provide advertising and other promotional support to the Franchisee which the Franchisee agrees to use as directed by THE DRIVING SCHOOL. 

 

4.       TRAINING 

THE DRIVING SCHOOL shall in its sole discretion make available to the Franchisee on such terms as shall be agreed details on training courses at any time during the subsistence of this Franchise Agreement if: 

 

4.1.    It seems to THE DRIVING SCHOOL to be advisable that the Franchisee should be offered such course; or 

4.2.    THE DRIVING SCHOOL wishes to encourage training of the Franchisee in new and improved techniques which have been devised and which the Franchisee will be required to put into effect in conducting the Franchisee’s Business. 

 

4.3.    The Franchisee requests this information at any time. 

 

4.4.    THE DRIVING SCHOOL will at its own discretion also help to source and attain funding for the Franchisee in order that they may undertake such a course providing it is of benefit to the Franchisee  and THE DRIVING SCHOOL’s Business. 

 

5.       MFW PROVIDED VEHICLE SCHEME 

The following terms relate directly to any car owned or operated by THE DRIVING SCHOOL which is used by the Franchisee. 

 

5.1.    Subject to this clause 5, for the duration of this agreement, where THE DRIVING SCHOOL has agreed to provide a car for use in the Franchisee’s business, THE DRIVING SCHOOL shall provide to the Franchisee one dual-controlled tuition vehicle of such make and type as THE DRIVING SCHOOL in its sole discretion decides appropriate. The vehicle will be replaced by THE DRIVING SCHOOL at the sole discretion of THE DRIVING SCHOOL. All vehicles held by the Franchisee under this clause 5 shall be held by him as bailee and no interest or property right of any kind shall pass to him. THE DRIVING SCHOOL reserves the right to request the return of the vehicle at any time. 

 

5.2.    The Franchisee will pay the Vehicle Deposit (as defined in Schedule 1) to THE DRIVING SCHOOL at least seven days prior to the delivery of the vehicle provided to the Franchisee under this clause 5. 

 

5.3.    For the duration of this agreement, the Franchisee shall pay to THE DRIVING SCHOOL an additional weekly Vehicle Fee (as defined in Schedule 1) for the provision of the vehicle in accordance with this clause 5. This charge remains payable on termination until the vehicle is returned to THE DRIVING SCHOOL. The Franchisee is responsible for the return of the vehicle. 

 

5.4.    All vehicles provided to the Franchisee under this clause 5 shall be hired to the Franchisee and shall not be charged or offered as security by the Franchisee nor shall the Franchisee permit any lien or other encumbrance to affect any such vehicles and in particular the Franchisee shall inform any person to whom a charge over any of the Franchisee’s assets is to be issued that the said vehicle or any replacement vehicle pursuant to this clause 5 is not the property of the Franchisee. 

 

5.5.    THE DRIVING SCHOOL shall be responsible for meeting (where applicable) the following expenses in connection with vehicles hired to the Franchisee under this clause 5: 

 

5.5.1.Any payments made in respect of the purchase or financing of the dual-controlled vehicles 

 

5.5.2.Any cost associated with the road fund licence. 

 

5.5.3.Any costs associated with the routine servicing, tyres, clutch and brakes providing that there is no evidence of abuse to the vehicle relating to excessive wear of the tyres or brakes up to a maximum of the milage shown in Schedule 1 (the Contracted Mileage). 

 

5.5.4.All costs relating to mileage which is limited to the Contracted Mileage. Should the Franchisee exceed the Contracted Mileage, each additional mile will be charged to the Franchisee at 17 p per mile + VAT. 

 

5.6.    The Franchisee shall be responsible for the following costs: 

 

5.6.1.All fuel and other running costs (including without limitation parking fines and any other fines for traffic offences). 

 

5.6.2.Any costs associated with the Franchisee obtaining suitable specialist driving school insurance for the vehicle in order to be able to legally teach provisional licence holders to drive. 

 

5.6.3.Any cost associated with service and repair to the vehicle and decals arising from damage or loss as a result of negligence or wilful damage, and routine servicing costs and repairs if the Franchisee exceeds the Contracted Mileage.  

 

5.6.4. Any cost associated with punctures to the tyres of the vehicle. 

 

5.7.    The Franchisee shall be responsible for the safekeeping of all vehicles provided to him under this clause 5 and shall keep each such vehicle clean tidy and generally in good order and repair and in a condition satisfactory to THE DRIVING SCHOOL and also properly serviced by dealers or by garages approved by THE DRIVING SCHOOL in accordance with the manufacturer’s recommendations for such vehicle and the Franchisee shall not alter or adjust or cause to be altered or adjusted (save in the course of routine repairs) any such vehicle. Any bodywork repairs shall be only carried out at workshops first approved by THE DRIVING SCHOOL. The Franchisee shall further ensure that all such vehicles at all times display the decals in a clean and visible state. 

 

5.8.    Any vehicle supplied to the Franchisee under this clause 5 is authorised by THE DRIVING SCHOOL for use by the Franchisee solely for providing driver training to pupils under or pursuant to the terms of this Franchisee Agreement and not for any other purpose except that (subject to clause 5.12 below) the Franchisee shall be permitted to use the vehicle for his personal use subject to such being incidental to the primary use of providing driver training to pupils of the Franchisee under or pursuant to the terms of this Franchise Agreement. At no time shall the Franchisee do or permit any act or thing that invalidates any insurance arranged by THE DRIVING SCHOOL. The Franchisee shall be responsible for reporting any accidents or incidents involving any such vehicle to the police or other proper authority within the time prescribed by law and to give promptly all such information and assistance in connection with any accident as the police, THE DRIVING SCHOOL or its insurers or agents may require. 

 

5.9.    If any vehicle supplied by THE DRIVING SCHOOL under this clause 5 is out of use because of mechanical fault, the Franchisee shall arrange for repair at a garage approved by THE DRIVING SCHOOL. If any vehicle supplied by THE DRIVING SCHOOL under this clause 5 is out of use due to accident damage, THE DRIVING SCHOOL will upon being promptly notified of such fact provide wherever possible and as soon as practicable a substitute dual-controlled motor vehicle and the provisions of this Franchise Agreement shall apply equally to such substitute motor vehicle. The Franchisee shall be wholly responsible for any damage occurring to such substitute motor vehicle as a result of negligence or willful damage. 

 

5.10.                     THE DRIVING SCHOOL shall not be liable to the Franchisee or any third party for any direct or indirect damages, losses, claims, expenses (including without limit loss of profit or business or other consequential loss) or costs incurred if the vehicle provided to the Franchisee pursuant to this Franchise Agreement breaks down or is otherwise unavailable for use in connection with the Franchisee’s Business or in the event of any accident whether the same is caused by mechanical defect of the vehicle or howsoever caused. 

 

5.11.                     The vehicle shall not be taken to any country outside the United Kingdom nor driven by any person other than the Franchisee or pupils of the Franchisee without THE DRIVING SCHOOL’s written agreement having first been obtained. 

 

 

5.12.                     Under no circumstances shall the Franchisee use any tuition vehicle in connection with the Franchisee’s Business other than a vehicle provided by THE DRIVING SCHOOL under this clause 5 except where (i) the prior consent of THE DRIVING SCHOOL has been given and (ii) the Franchisee verifies there is appropriate insurance cover for the vehicle in question and will provide a copy of such cover to THE DRIVING SCHOOL on request. 

 

5.13.                     If the Franchisee, in accordance with the provisions of clause 5.12 uses a tuition vehicle in connection with the Franchisee’s Business other than a vehicle provided by THE DRIVING SCHOOL which becomes unusable due to accident damage, THE DRIVING SCHOOL may, subject to availability, provide a replacement a tuition vehicle to the Franchisee. Should the Franchisee wish to make use of a replacement tuition vehicle provided by THE DRIVING SCHOOL under this clause 5.13, THE DRIVING SCHOOL will recover the cost of providing the replacement tuition vehicle from the Franchisee.  

 

6.       THE DRIVING SCHOOL’S OBLIGATIONS 

THE DRIVING SCHOOL shall at all times during the subsistence of this Franchise Agreement provide such assistance to the Franchisee as THE DRIVING SCHOOL shall in its absolute discretion consider necessary to develop, maintain and promote the Franchisee’s Business and in that connection shall: 

 

6.1.    Promote the name of THE DRIVING SCHOOL as it in its absolute discretion and commercial judgement considers necessary on a national or regional basis; 

 

6.2.    Provide the Franchisee with promotional support in order to help maintain his / her diary; 

 

6.3.    Provide at its own cost negligent instruction insurance to cover any accidental consequences of inadequate instruction in such terms as from time to time advised. 

 

6.4.    THE DRIVING SCHOOL will: 

 

6.4.1. advertise and generate unlimited pupil leads for the Franchisee, whenever the Franchisee notifies THE DRIVING SCHOOL that there is a need to do so, for the duration of this Franchise Agreement. 

 

6.4.2. Clause 6.4.1 herein is subject to a fair usage policy to be applied at the discretion of THE DRIVING SCHOOL. 

 

7.       FRANCHISEE’S OBLIGATIONS 

In order to maintain uniformly high standards amongst franchisees carrying on business under the Trade Name and to protect for the benefit of THE DRIVING SCHOOL, the Franchisee and all other franchisees or licensees of THE DRIVING SCHOOL the demand for the services provided under the Trade Name and the reputation and goodwill thereof the Franchisee hereby agrees and undertakes with THE DRIVING SCHOOL that: 

 

7.1.    DVSA and regulatory requirements: 

 

7.1.1.The Franchisee will abide by the DVSA’s code of conduct for driving instructors and to THE DRIVING SCHOOL’S code of conduct thereby upholding the reputation of THE DRIVING SCHOOL. 

 

7.1.2.The Franchisee will obtain at his own cost all necessary licences and/or registration and renewal thereof from the Department of Transport to enable him to carry on business as a driving instructor. 

7.1.3.The Franchisee must keep THE DRIVING SCHOOL informed of any Standards Check test dates they are given by the DVSA and subsequently inform THE DRIVING SCHOOL of the results of such tests. 

 

7.2.    Standards: 

 

7.2.1. The Franchisee will use his best endeavours to maintain the highest standards in all matters connected with the Franchisee’s Business and shall not sell anything or provide any services which do not conform with the standards associated with the Trade Name or of which THE DRIVING SCHOOL does not approve and the Franchisee will comply with all advice and instructions given to him by THE DRIVING SCHOOL with regard to standards or quality of service to be provided by him. 

 

7.2.2.Without prejudice to the provision of clause 7.1.1 above the Franchisee will use his best endeavours at all times to assist THE DRIVING SCHOOL in developing and improving THE DRIVING SCHOOL Business including in particular its good name and reputation. 

 

7.2.3.The Franchisee shall not under any circumstances pledge the credit of THE DRIVING SCHOOL or represent himself as being THE DRIVING SCHOOL or an agent or employee or partner of THE DRIVING SCHOOL and nothing contained in or relating to this Agreement shall or shall be deemed to constitute a partnership or contract of employment between the parties. 

 

7.2.4.The Franchisee shall at all times be polite, clean and tidily clothed in THE DRIVING SCHOOL’s uniform (which the Franchisee shall purchase in accordance with clause 7.3.8) and the Franchisee shall maintain such standards with regard to cleanliness, clothing, appearance or demeanour as are reasonably necessary to maintain the uniformly high standards associated with the Trade Name. 

 

7.2.5.The Franchisee will be responsible for and will promptly settle all parking fines and any other fines for traffic offences arising in connection with any motor vehicle hired to the Franchisee under this agreement. 

 

7.2.6.The Franchisee is and has chosen to be a self-employed independent contractor carrying on his own business as a driving instructor and will not be entitled to make any claim against THE DRIVING SCHOOL for unfair dismissal compensation for loss of office or redundancy in the event of the Franchise and/or this Franchise Agreement being terminated. 

 

7.2.7.The Franchisee shall as a self-employed person carrying on his own business keep and maintain all necessary books of account and records and be responsible for discharging all VAT income tax and national insurance liabilities incurred by him in connection with the Franchisee’s Business and for meeting all other requirements of any competent taxing authority. 

 

7.2.8.The Franchisee shall at all times act in the best interests of THE DRIVING SCHOOL and do nothing and commit no act or  omission which in the view of THE DRIVING SCHOOL will harm or cause damage to its goodwill and/ or reputation (including without prejudice to the generality of the foregoing) and the Franchisee shall not without THE DRIVING SCHOOL’s prior agreement in writing make any post or comment on social media or review sites or make any comment to the press or other media whether arising directly or indirectly in connection with or out of driver training services in general or in respect of THE DRIVING SCHOOL in particular. 

 

 

7.2.9.The Franchisee shall not pursue any marketing policy or business practice which may be objected to in good faith by THE DRIVING SCHOOL as being likely to give rise to justifiable professional or public criticism. 

 

7.2.10.    The Franchisee does and shall continue to carry on the Franchisee’s Business as a sole trader (and not as a limited company or partnership or otherwise howsoever) 

 

7.2.11.    The Franchisee shall keep THE DRIVING SCHOOL advised of any change of the Franchisee’s address or telephone number. 

 

7.2.12.    The Franchisee shall forthwith provide to THE DRIVING SCHOOL upon request details of the mileage of each tuition vehicle hired to him by THE DRIVING SCHOOL for the purposes of THE DRIVING SCHOOL’s vehicle supply arrangements and such other data as considered appropriate to enable THE DRIVING SCHOOL to assist the Franchisee in operating the Franchisee’s Business 

 

7.2.13.    The Franchisee shall provide on request for the same, information relating to pass statistics, vehicle reg & mileage. 

 

7.3.    Materials and Branding: 

 

7.3.1.The Franchisee agrees to use THE DRIVING SCHOOL’s tuition plans as varied from time to time to the intent that he will exercise his own judgement skills and expertise in determining the manner in which he gives tuition to pupils. “Piggyback” style tuition is strictly prohibited; 

 

7.3.2.The Franchisee acknowledges that THE DRIVING SCHOOL has the exclusive right to the Trade Name and to all intellectual property including but not limited to logos, trade names and symbols now or hereafter applied for or granted or used in connection therewith. 

 

7.3.3.The Franchisee acknowledges that THE DRIVING SCHOOL has the exclusive right to grant the Franchise and to grant franchises to others to use the Trade Name in connection with their businesses of providing driver training. 

 

7.3.4.The Franchisee agrees that THE DRIVING SCHOOL may use his address for the purposes of promoting THE DRIVING SCHOOL brand and for marketing purposes. 

 

7.3.5.The Franchisee shall use in connection with the Franchisee’s business pursuant to the terms of this Franchise Agreement only such stationery and other documentation with third parties as THE DRIVING SCHOOL shall provide stipulate or approve. On all such stationary etc. there shall be stated “A My Four Wheels Franchise owned and operated under licence by” followed by the Franchisee’s name. 

 

7.3.6.With the prior written approval of THE DRIVING SCHOOL the Franchisee may advertise in accordance with THE DRIVING SCHOOL guidelines from time to time using only the style and format of advertising previously stipulated by and approved by THE DRIVING SCHOOL. Under no circumstances may the Trade Name or any logo or symbols associated with the same be used without THE DRIVING SCHOOL’s prior written agreement. 

 

7.3.7.The Franchisee shall at all times ensure that the driving tuition vehicle operated by him bears the signwriting design as set by THE DRIVING SCHOOL at that time. Signwriting must be done using a supplier specified by THE DRIVING SCHOOL. 

 

7.3.8.The Franchisee shall, at their own cost, purchase THE DRIVING SCHOOL’s branded uniform. Details of the items of uniform which the Franchisee is required to purchase and their respective prices are set out in Schedule 1. 

 

7.4.    Dealing with pupils: 

 

7.4.1.The Franchisee shall contact all pupils for driving tuition who book driving lessons with the Franchisee within 24hrs of the pupil making the booking. 

 

7.4.2.The Franchisee will only charge fees to pupils for driving tuition in such amount as shall from time to time be advised by THE DRIVING SCHOOL and in particular no discounts or variation to such fees will be made without the prior written agreement of THE DRIVING SCHOOL. 

 

7.4.3.The Franchisee will be responsible for the collection of monies from pupils of driving tuition serviced by him and shall not operate credit accounts for pupils of driver tuition. In the event that a pupil requires a refund of any type the Franchisee will be responsible for refunding the pupil directly. 

 

7.4.4.In the event that the Franchisee is unable for whatever reason to honour a booking for tuition he will inform THE DRIVING SCHOOL the name of the My Four Wheels Franchised Instructor who will act as his substitute and in the event of a failure to nominate such a substitute THE DRIVING SCHOOL shall have the right to do so. If the Franchisee has received payment from the pupil for the tuition which the substitute My Four Wheels Franchised Instructor is to provide, the Franchisee will transfer directly to the substitute My Four Wheels Franchised Instructor any and all money the Franchisee has received in relation to such tuition. THE DRIVING SCHOOL will recover from the Franchisee any cost associated with providing a substitute My Four Wheels Franchised Instructor under this clause 7.4.4. 

 

7.4.5.In the event that you are unable for whatever reason to honour a booking for tuition, you will inform us and we shall have the right to appoint a substitute instructor. If we appoint a substitute instructor under this clause 8.20.4.5 and you have already received payment from the pupil for the tuition which the substitute instructor is to provide, you will transfer directly to the substitute instructor any and all money you have received in relation to such tuition. We will recover from you any cost associated with providing a substitute instructor under this clause 8.20.4.5. 

 

7.4.6.If the Franchisee cancels a pupil’s driving lesson with the Franchisee within 24hrs of the lesson’s scheduled start time, the Franchisee shall refund directly to the pupil the cost paid by the pupil for the cancelled lesson. 

 

7.4.7.The Franchisee shall promote and preserve the goodwill and reputation associated with the Trade Name by properly providing at no extra cost to a pupil a lesson or lessons as the case may be or otherwise responding to any bona fide complaint from a pupil howsoever arising (including where appropriate or if the pupil requests referring the matter to THE DRIVING SCHOOL who may (in its absolute discretion) decide that such other lesson or lessons shall be provided by another My Four Wheels Franchised Instructor in which case the cost shall be met by the Franchisee). 

 

7.4.8.Subject to the aforesaid the Franchisee will use his own judgement skill and expertise in determining the manner in which he gives tuition to pupils and in consultation with THE DRIVING SCHOOL he will be responsible for recommending to pupils the number of driving lessons required and advising generally on all aspects of their driving. 

 

7.4.9.The Franchisee shall use his best endeavours to inform THE DRIVING SCHOOL of every pupil who passes their test and provide contact details for that pupil in order that THE DRIVING SCHOOL may contact the pupil for feedback. 

 

7.4.10.    The Franchisee must provide a pupil ‘pass photo’ to THE DRIVING SCHOOL for every test pass (where the pupil is happy for him to do so). The photo should be of the pupil with their pass certificate and with a branded driving school vehicle in the background. 

 

8.       CONFIDENTIALITY 

Save as may be otherwise required by law or by any applicable regulatory authority the Franchisee shall not without the prior written approval of THE DRIVING SCHOOL either during the continuance of this Franchise Agreement or (notwithstanding any other term hereof) at any time thereafter disclose to any person, form or company any confidential information belonging to THE DRIVING SCHOOL or trade secret confidential operation process dealing or private knowledge or information relating to THE DRIVING SCHOOL’s Business names or customers, organisation, business dealings, finance, transactions or affairs of THE DRIVING SCHOOL or any persons associated with THE DRIVING SCHOOL except to the extent that disclosure of such information is authorised by THE DRIVING SCHOOL in writing. 

 

9.       FEES 

9.1.    The Franchise Fees shall apply as set out in Schedule 1. 

 

9.2.    The Franchise fees are payable by weekly direct debit. If any payment due under this Franchise Agreement fails, THE DRIVING SCHOOL will make a charge of £35 to the Franchisee to cover bank costs and an administration charge. 

 

 

9.3.    If the Franchisee terminates this agreement for any reason and at the date of such termination there is an outstanding balance due to a pupil or pupils then THE DRIVING SCHOOL will charge an administration fee of £100 per pupil refund made. 

 

9.4.    THE DRIVING SCHOOL reserves the right to increase the Franchise Fees by up to 7% in any calendar year, should operational needs require. Any such increase will be accompanies by a corresponding increase in the recommended lesson rates, ensuring that instructors maintain proportional earning potential. THE DRIVING SCHOOL will provide a minimum of 30 days written notice before any adjustment takes effect. 

 

9.5.    THE DRIVING SCHOOL may at its sole discretion allow the Franchisee to clear any arrears relating to the payment of Franchise Fees using a payment plan, as detailed in Schedule 1. There will be an additional fee to the Franchisee equivalent to 10% of Franchisee’s arrears if the Franchisee uses a payment plan. 

 

10.   TERMINATION 

10.1.                     THE DRIVING SCHOOL may without prejudice to any other rights or remedies available to it terminate this agreement without notice and with immediate effect by giving written notice to the Franchisee and all rights of the Franchisee shall therefore cease on the happening of any one or more of the following events: 

 

10.1.1.    if the Franchisee commits a material breach of any term of this Franchise Agreement (other than failure to pay any amounts due under this agreement) and (if such breach is remediable) fails to remedy that breach within a period of 48 hours in the case of any material breach affecting the quality of services being provided by the Franchisee and in the case of any other material breach within seven days after a written notice has been given to the Franchisee; 

 

10.1.2.    If the Franchisee shall commit any act of bankruptcy or shall become bankrupt; 

 

10.1.3.    If the Franchisee shall make any arrangement or composition with its creditors or shall have a receiver appointed over all or any part of the Franchisee’s assets or if the Franchisee takes any similar action in consequence of debt; 

 

10.1.4.    If there should be a purported or deemed assignment of this Franchise; or 

 

10.1.5.    If the Franchisee shall die. 

 

10.2.                     Without prejudice to the provisions of the preceding sub-clause if the Franchisee makes any default in making payment due under any of the provisions of this Franchise Agreement or if THE DRIVING SCHOOL shall on reasonable grounds suspect that any information concerning THE DRIVING SCHOOL’s Business or particulars of any communication from THE DRIVING SCHOOL to the Franchisee is being or has been communicated in any way, and in addition to any other rights or remedies available to it, terminate this Agreement and all rights of the Franchisee hereunder shall therefore cease. 

 

10.3.                     Notwithstanding any other provision hereof, this Franchise Agreement will automatically terminate if the Franchisee: 

 

10.3.1.    is prohibited by law from carrying on business as a driving instructor or fails to observe any governmental or other regulations issued from time to time relating to driving instructors; or 

 

10.3.2.    is found guilty of a criminal offence or commits any act of fraud or dishonesty; or 

 

10.3.3.    otherwise conducts himself in a manner that in the reasonable opinion of THE DRIVING SCHOOL is inconsistent with the duties and responsibilities of a driving instructor providing tuition in general or in respect of his obligations under this Franchisee Agreement. 

 

11.   CONSEQUENCES OF TERMINATION 

Upon termination of this Franchise Agreement howsoever caused: 

 

11.1.                     The Franchisee shall immediately discontinue the use of the Trade Name and any trade marks, signs, cards, notices or other display or advertising matter indicative of THE DRIVING SCHOOL or of any association with THE DRIVING SCHOOL or of the business or products of THE DRIVING SCHOOL and shall make or cause to be made such changes in signs, cards, notices or other display or advertising matter as THE DRIVING SCHOOL shall reasonably direct so as to effectively distinguish the Franchisee’s Business from THE DRIVING SCHOOL. 

 

11.2.                     The Franchisee shall forthwith deliver up to THE DRIVING SCHOOL all stationery, literature, signs, cards, notices or other display or advertising matter and any other article bearing the mark or name of THE DRIVING SCHOOL or the Trade Name which may be the property of the Franchisee and all items which may have been loaned to the Franchisee by THE DRIVING SCHOOL shall be returned to THE DRIVING SCHOOL at the Franchisee’s expense. The Franchisee shall also forthwith pay to THE DRIVING SCHOOL (without any deduction or right set off whatsoever) all sums of money which may be due from the Franchisee to THE DRIVING SCHOOL). 

 

11.3.                     Any use of any vehicle supplied by THE DRIVING SCHOOL to the Franchisee that is not authorised pursuant to the terms of this Franchise Agreement shall be deemed to be a breach of this Franchise Agreement and will be regarded as unauthorised and consequently uninsured use. Such unauthorised use will render the Franchisee liable to prosecution for criminal offences and will entitle THE DRIVING SCHOOL to terminate the Franchise Agreement with immediate effect and to claim damages from the Franchisee. 

 

11.4.                     The Franchisee shall forthwith return to THE DRIVING SCHOOL all or any vehicles supplied to him under or pursuant to clause 5 (MFW Provided Vehicle Scheme) or otherwise by THE DRIVING SCHOOL in a condition which is consistent with the performance of the Franchisee’s obligations under clause 5 hereof. The cost of return shall be borne by the Franchisee. 

 

Please note: 

·         Where the returned vehicle is damaged (beyond reasonable wear & tear – see THE DRIVING SCHOOL’s fair wear & tear guide) the Franchisee will pay THE DRIVING SCHOOL costs relating to the repairs plus an administration charge of £100 + VAT. 

 

·         Where the vehicle is returned and is found to be dirty the Franchisee shall pay THE DRIVING SCHOOL a one-off fee of £125 + VAT for a full valet. 

 

·         Where the vehicle is returned with less fuel than it was issued with the Franchisee shall pay THE DRIVING SCHOOL to replace the fuel. This figure will be calculated at a rate of £2.50/litre. 

 

 

11.5.                     The Franchisee shall not pass himself off or hold himself out as being a My Four Wheels Franchised Instructor or in any way connected with or authorised by or associated with THE DRIVING SCHOOL or describes or hold himself out as having been a My Four Wheels Franchised Instructor. 

 

11.6.                     The Franchisee shall use his best endeavours to procure the transfer of all the Franchisee’s pupils to another My Four Wheels Franchised Instructor nominated by THE DRIVING SCHOOL in its absolute discretion and shall forthwith transfer any monies received by the Franchisee from the pupils in respect of lessons not yet taken. 

 

11.7.                     The Franchisee undertakes with THE DRIVING SCHOOL that he will not either: 

 

11.7.1.    For a period of 3 months thereafter provide driving tuition to any of the pupils in respect of which he is by clause 11.6 under an obligation to use his best endeavours to procure their transfer to one or more My Four Wheels Franchised Instructors in accordance with such clause; or 

 

11.7.2.    For a period of 3 months thereafter solicit or entice away or endeavour to solicit or entice away the custom of or otherwise provide driving tuition to any person he knows is a pupil of or other person currently receiving driving tuition from a My Four Wheels Franchised Instructor or any part of THE DRIVING SCHOOL Business. 

 

11.8.                     If termination is caused by a breach of the Franchise Agreement by the Franchisee then the Franchisee will remain liable for all sums due under the contract including any fees due for the outstanding period. 

 

11.9.                     The Franchisee’s obligations under clause 7.2.8 shall continue for 12 months from the date on which the Franchise Agreement was terminated. 

 

 

12.   ACKNOWLEDGEMENT 

12.1.                     Each of the restrictions and provisions contained in this Franchise Agreement and in each clause, sub-clause, sub-sub-clause and sub-sub-sub-clause thereof shall be construed as independent of every other restriction and of every other provision of this Franchise Agreement and the existence of any claim or cause of action of the Franchisee against THE DRIVING SCHOOL whatsoever shall not constitute a defence to the enforcement by THE DRIVING SCHOOL of the said restrictions or provisions or any of them. 

 

12.2.                     It is hereby expressly agreed between the parties hereto that having regard to the recital and other provisions of this Franchise Agreement each of the restrictive covenants contained herein and in each clause, sub-clause and sub-sub-clause hereof is reasonably necessary for the protection of THE DRIVING SCHOOL, THE DRIVING SCHOOL’s industrial and intellectual property rights and the other Franchisees of THE DRIVING SCHOOL and does not unreasonably interfere with the freedom of action of the Franchisee. 

 

12.3.                     If any term or provision or any part thereof (in this clause 12.3 called the offending provision) contained in this Franchise Agreement shall be declared or become unenforceable, invalid or illegal for any reason whatsoever including but without derogating from the generality of the forgoing a decision by any competent domestic or European Court, an Act of Parliament, European Economic Community legislation or any other statutory or other bye-laws or regulations or any other requirements having the force of law, the other terms and provisions of this Franchise Agreement shall remain in full force and effect as if this Franchisee Agreement had been executed without the offending provision appearing herein. 

 

12.4.                     In the event that the exclusion of any offending provision shall in the opinion of THE DRIVING SCHOOL adversely affect THE DRIVING SCHOOL’s right to receive payment of fees or payments by whatever means payable to THE DRIVING SCHOOL (including but without prejudice to the generality of the foregoing THE DRIVING SCHOOL’s right exclusively to supply the Franchisee with goods and/or services) or THE DRIVING SCHOOL’s trademarks, Trade Name, trade secrets, know-how or methods or THE DRIVING SCHOOL’s right to specify the rates of driving tuition fees charged to pupils then THE DRIVING SCHOOL shall have the right to terminate this Franchise Agreement upon 28 days’ notice in writing to the Franchisee. 

 

13.   NO WARRANTIES WITHOUT AUTHORITY 

The Franchisee shall make no statements, representations or claims and shall give no warranties to any customer or potential customers in respect of any services to be provided to them save such as may have been specifically authorised by THE DRIVING SCHOOL such authority to be given in writing. 

 

The Franchisee hereby undertakes with THE DRIVING SCHOOL to keep THE DRIVING SCHOOL fully and effectively indemnified against all claims demands (including without limit pupil claims) losses and expenses and costs which THE DRIVING SCHOOL may incur as a result of any breach by the Franchisee of this provision or of any part of the provisions contained in this Franchisee Agreement. 

 

14.   GENERAL 

14.1.                     This Franchise Agreements contains the entire agreement between the parties and no representations, warranties, inducements or promises made by THE DRIVING SCHOOL whether oral or otherwise and no other agreements whether oral or otherwise not embodied herein and no custom or practice of the parties or any part of them at variance with the terms hereof shall add to or vary this Agreement or be of any force or effect. 

 

14.2.                     No failure of THE DRIVING SCHOOL to exercise any power given to it hereunder or to insist upon strict compliance by the Franchisee with any obligations hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute any waiver of any of THE DRIVING SCHOOL’s rights under this Franchise Agreement. Waiver by THE DRIVING SCHOOL of any particular default by the Franchisee shall not affect or impair THE DRIVING SCHOOL’s rights in respect of any subsequent default of any kind by the Franchisee nor shall any delay or omission of THE DRIVING SCHOOL to exercise any rights arising from any default of the Franchisee affect or impair THE DRIVING SCHOOL’s rights in respect of the said default or any other default of any kind. 

 

14.3.                     Where under any of the provisions of this Franchise Agreements THE DRIVING SCHOOL’s consent, agreement, approval or authority is required to be given or obtained such consent, agreement, approval or authority to be effective and binding on THE DRIVING SCHOOL must be in writing and signed by an authorised executive of THE DRIVING SCHOOL. 

 

14.4.                     The clause headings in this Franchise Agreement are for convenience only and shall not affect the construction hereof. 

 

14.5.                     Any notice required to be given hereunder by THE DRIVING SCHOOL to the Franchisee may be delivered personally or sent by first class pre-paid post in either case to the Franchisee at his last known address. Any notice required to be given by the Franchisee may be given by leaving the same at or posting it by first class pre-paid post to THE DRIVING SCHOOL’s address as detailed on this Franchise Agreement. Where a notice is sent by post under the provisions of this clause 14.5 service shall be deemed to have been affected at the expiration of seventy-two (72) hours (excluding Bank Holidays) after the same was posted whether or not it shall have been received.