This Agreement is entered into for the CDL Class A Entry-Level Driver Training (“ELDT”) Program (the “Program”), which is designed to prepare the applicant for the CDL Class A driving test administered by PSV CDL TRAINING LLC. References to “you” and “your” means the applicant/enrollee. References to PSV CDL Training, LLC may be listed as “PSV CDL”. You and PSV CDL are collectively referred to herein as the “Parties”. The Federal Motor Carrier Safety Act is referred to herein as the “FMCSA”. The FMCSA is administered by the US Department of Transportation (“USDOT”). References to Central Arizona College and its Signal Peak Campus may be listed as “CAC.”
Under this Agreement between you and PSV CDL, you agree to all terms and conditions contained herein and to furnish $6,000.00 to PSV CDL in consideration and exchange for the Program instruction. This Agreement is a full and complete integration of all terms governing the relationship between the Parties under the Program.
PSV CDL is an authorized, registered, and licensed provider of CDL training under Federal law, as well as a Licensed Professional Driver Training School under Arizona Law. PSV CDL is listed on the FMCSA Training Provider Registry (“TPR”). PSV CDL will not and does not provide instruction to prepare or render enrollees eligible for testing or endorsements for School Bus (S); and/or Hazardous Materials (H/HME). Similarly, PSV CDL will not and does not provide instruction to prepare or render enrollees eligible for testing for certification or operation of Longer Combination Vehicles (“LCVs”). CDL Class B holders may use the Program to become eligible for receiving a CDL Class A license; however, PSV CDL will not provide any discounts for such enrollees. CDL Class B holders must successfully undergo all Program instruction, training and assessments that are subject to entry level enrollees.
PSV CDL takes privacy and safeguarding your information seriously. Arizona and Federal Law Require that we disclose certain information related to your performance in the Program and retain this information for a minimum of three years. PSV CDL will undertake best efforts to safeguard your information and to only disclose this information as necessary under Arizona, Federal or other applicable laws, regulations, and court orders. This may include personal identification information, such as your date of birth and license numbers, driving records and criminal background check results, medical certifications, and results of drug/controlled substance and alcohol testing.
You agree to abide by the CAC Code of Conduct while you are present on the CAC campus, for the entire duration of the Program. You hereby acknowledge your receipt of the CAC Code of Conduct and agree to be bound by it as part of your enrollment in the Program.
a) You agree to abide by the CAC Drug and Alcohol Free Workplace Policy while you are present on the CAC campus, for the duration of the Program. You hereby acknowledge your receipt of the CAC Drug and Alcohol Free Workplace Policy and agree to be bound by it as part of your enrollment in the Program. You additionally agree to comply with and be bound by USDOT regulations in parts 40, 382, 383, and 391, as well as state and local laws related to alcohol and controlled substance testing, age, medical certification, licensing, and driver records, as required in 380.707(a).
b) Arizona Law, Federal Law, and CAC policy require that we obtain certification from you that you will not use drugs or alcohol during any part of the Program and remain drug free for the duration of the Program. Furthermore, all applicants for CDLs in Arizona must undergo a medical examination and are subject to routine drug and alcohol testing. If your drug and alcohol use is a concern for you, this Program may be a waste of your time and money. PSV CDL is committed to maintaining a drug-free program for its enrollees, employees, contractors, vendors, and those with whom we will be sharing the CAC campus.
c) Should PSV CDL become aware that any enrollee is present on campus under the influence of drugs or alcohol, PSV CDL will immediately remove and suspend the enrollee from the Program. PSV CDL reserves the right to report any such infractions to the appropriate authorities, including, but not limited to, CAC, ADOT, DMV, USDOT, and law enforcement agencies, as necessary and in compliance with reporting requirements. PSV CDL will conduct its own investigation regarding any such infraction and if it or another agency determines that the enrollee did in fact violate the terms of this Agreement, it will expel the enrollee from the Program. For any enrollee suspended from the Program under the Drug and Alcohol Free policy who is later exonerated, PSV CDL will either issue the enrollee a prorated refund under the refund section of this Agreement or credit the enrollee toward a later Program session.
You hereby certify that:
You understand, agree, and authorize PSV CDL to release any records necessary to CAC or state and federal agencies for the purpose of any mandatory reporting or investigations. You acknowledge, understand, and agree that you may be subject to drug and alcohol testing and physical screening in order to enter the Program and any investigations into the same. Any such testing or screening will be done by third-parties, certified by applicable state and federal authorities to do such testing or screening. You authorize the release of such information by and to PSV CDL, CAC, and all applicable state and federal agencies to complete any compliance, investigation, and reporting requirements.
There are two components of the Program: 1) Theory, 2) Behind the Wheel (“BTW”) instruction. Theory consists of all classroom environment training and may be delivered in a group format. BTW training will occur both on range at CAC, and on public roads offsite. There are no minimum hour requirements under State or Federal Law, however, PSVCDL intends for the Program to last four (4) weeks in total. Other than BTW instruction, the entire Program will occur at the CAC Signal Butte campus. Program enrollees are not considered CAC students, however, they are entitled to use of some CAC facilities while onsite. In order to promote harmony between the Program and CAC, enrollees are required to certify receipt of and compliance with all CAC rules and regulations. Failure to abide by these rules and regulations may result in suspension or expulsion from the Program.
a) PSV CDL cares about enrollee safety and its ability to provide a meaningful and successful Program. For that reason, all Program Instructors will be experienced active CDL Class A holders and are:
a) PSV CDL has developed a curriculum for enrollees regarding both theory and BTW instruction. Enrollees are furnished with this material for participation in the Program. Under no circumstances may enrollees copy, disperse, or use this material for any commercial purpose. Any such commercial use of Program materials will result in immediate suspension of the enrollee and may subject the enrollee or anyone receiving the material to legal liability, including costs and attorneys’ fees that PSV CDL may incur necessary to protect its proprietary interests in Program materials.
b) All BTW instruction will be done in vehicles that require a CDL Class A license for operation. Enrollees will be accompanied by a Program Instructor during all BTW sessions.
The curriculum will include the minimum standards under FMCSA and may include enhancements to topics or added topics as determined by PSV CDL. Below are the topics required under FMCSA:
Behind-the-Wheel (BTW) Range:
Behind-the-Wheel - Public Road:
You are expected to attend all classroom and BTW sessions during the course of the Program. PSV CDL understands that normal life challenges may interfere with your ability to comply with the attendance requirement. PSV CDL will document missed sessions and require that they be made up in order to complete the Program. You will not be permitted to take the final exam until you have attended all necessary classroom sessions. Subject to Instructor and equipment availability, PSV CDL will make reasonable arrangements to allow for you to make up any missed class or BTW sessions during the course of the Program for which you were enrolled. Should you or PSV CDL be unable to make this accommodation, you agree that PSV CDL may, at its option, refund a prorated amount of the enrollment fee in line with its refund policy, or provide a credit toward a future Program.
PSV CDL agrees to notify you of any canceled classes or BTW sessions. For any canceled classes, PSV CDL will, subject to Instructor and equipment availability, attempt to reschedule the class. For any classes that become impracticable or impossible to reschedule for any reason, PSV CDL will inform you of the permanent cancellation within seventy-two (72) hours and issue a prorated refund within four (4) business days.
a) You understand, acknowledge, and agree to the following refund policy. PSV CDL intends to hold seven (7) full days of classroom instruction, split into fourteen (14) morning and afternoon sessions. Should you be expelled, withdraw or are otherwise unable to complete the Program, you will be entitled to a prorated refund based on how many classes you have attended, in accordance with subsection 14(c) below.
b) For the purposes of PSV CDL’s refund calculation only, a class is considered taken if you were marked as attending the class. If you leave the class early, for whatever reason, that will still count as a class taken for the purposes of calculating the refund. No refunds will be issued once all classroom/theory training has been completed.
c) Prorated refund table:
a) PSV CDL takes your safety and well-being seriously and wants to ensure that you and the Program are set up for success. In furtherance of that goal, and in accordance with state and federal regulations, PSV CDL has adopted a grievance policy to ensure that enrollees have an avenue to raise complaints about issues they encounter during the Program, including a resolution of those issues in a meaningful and efficient manner.
b) Your first point of contact for complaints will be your Program Instructor. In the event that your complaint is about the Program Instructor, you may raise your complaint with PSV CDL’s business office in person or by written complaint.
c) Unless the Program Instructor is the subject of the complaint, the Program Instructor will investigate the complaint and provide a written summary to PSV CDL’s management and you.
d) If the Program Instructor is the subject of the complaint, PSV CDL’s management will meet with you regarding the complaint and will commence an investigation, and then provide you with a written summary of its findings.
e) PSV CDL will review all written complaints and involve a person independent of the situation to develop a plan of resolution, which will involve input from you if you desire. This same person will be responsible for monitoring compliance with the plan of resolution.
f) Under no circumstance does PSV CDL tolerate harassment (sexual or otherwise), discrimination, or cheating of any kind. Students or Instructors found to have committed any of these acts will be subject to termination or expulsion from the Program. PSV CDL will immediately suspend any Program Instructor or enrollee who is the subject of a verified complaint involving sexual harassment, discrimination, or cheating. Such suspensions will remain open while a full investigation is completed. If the complaint is founded, PSV CDL may expel or terminate the enrollee or Program Instructor from the Program.
g) The process for determining whether an allegation is founded will involve interviews by the neutral, independent representative of PSV CDL, with all involved Parties and receipt of any and all relevant documentary evidence. If the representative determines that the allegation is more likely than not to have occurred based on the interviews and documentary evidence, PSV CDL will consider the allegation to be founded and take necessary action in response, including but not limited to long-term suspension, termination, or expulsion from the Program, depending on whether the accused person is a student or Program Instructor.
h) The enrollee who filed the complaint will be informed as to the resolution and any ongoing compliance measures related to any plan of resolution.
i) Under no circumstances will an enrollee be subject to retaliation for filing a grievance; however, grievances that are found to be groundless and made in bad faith may subject the enrollee who filed the complaint to disciplinary action.
a) The Program will use written assessments to determine your proficiency in the knowledge objectives outlined in Section 11, above. You must obtain a score of at least eighty percent (80%) to pass. BTW training and proficiency will be documented by the Program Instructor. You will be graded on BTW Range and Public Highway performance on pass/fail basis. Completion of the Program requires that you pass both the theory written assessment/final exam and BTW performance.
b) Upon successful completion of the Program, your name, permit/license number, commercial learner’s permit, training completed, score on any assessments, total number of clock hours spent to complete BTW, and date of successful completion will be reported electronically for training certification through the TPR. Once you are certified as to your successful completion of the Program, you will be able to schedule your CDL Class A test with a qualified testing center. PSV CDL and its Program Instructors or other representatives are prohibited from being involved in your CDL test or accompanying you to any testing center.
a) You hereby acknowledge, understand, and agree that participation in this Program carries with it certain inherent risks that cannot be fully eliminated or avoided regardless of the care taken by PSV CDL. These risks exist whether participation is through classroom or BTW training. Specific risks range from: minor injuries such as scratches, bruises, and sprains; to major injuries such as eye injury, loss of sight, joint injuries, muscle tears, broken bones, spinal injuries, cardiac events, and concussions; to catastrophic injuries, including paralysis and death. Due to the learning environment being in and around the operation of large and heavy semi-trailers and trucks and associated equipment, any of the aforementioned injuries are possible. You understand that PSV CDL will take reasonable precautions to prevent such injuries from occurring; however, you acknowledge that PSV CDL gives no warranties, assurances, or guarantees, express or implied, regarding the occurrence of any such injury while you participate in the Program. By choosing to participate in the Program, you hereby knowingly and voluntarily assume all risks of participating in the Program, and waive all claims against PSV CDL and its Program Instructors relating to injury or exposure, as more fully set forth below.
b) To the extent permitted by law, you hereby grant PSV CDL an exclusive and non-assignable license for the unlimited use of your image and likeness, in any format, for promotional advertisement and business development purposes. You hereby waive and forfeit any right(s) to receive payment or compensation of any kind in relation to PSV CDL’s exercise of such license. You further agree not to video record or photograph any classes/training without prior permission from PSV CDL.
c) You hereby fully release and forever discharge CAC, PSV CDL, as well as each of its respective administrators, representatives, assigns, beneficiaries, agents, affiliates, employees, servants, officers, members, partners, predecessors, successors, insurers, attorneys, and any other related person or entity (collectively “Released Parties”), from all past, present, or future actions, causes of action, claims, controversies, costs, covenants, damages, demands, expenses, liabilities, losses, and suits for damages of whatsoever kind and nature, under any theory of recovery at law, by statute, in equity or otherwise, whether now known or unknown, and suspected or unsuspected, which have existed or may have existed, or which do exist, or which hereafter can, shall, or may exist, including, but not limited to, tort, contractual, or warranty claims, economic or non-economic damages, compensatory or punitive damages, property damage, loss of use, investigatory costs, attorneys’ fees, expert costs and expenses, interest, or any other damages, whether caused or contributed to, in whole or in part, by the negligent or reckless conduct of the Released Parties, which in any way arise out of or relate to your knowing and voluntary participation in the Program.
d) By signing below, you warrant and represent that you have carefully read and understand this Release and that you have freely and voluntarily executed this Release without any coercion or duress. You have relied upon your own knowledge or, prior to signing, have consulted with or had an opportunity to consult with legal counsel of your choice concerning the legal consequences of signing this Release. You warrant and represent that you have not relied upon any advice, statement, or representation pertaining to this Release by PSV CDL in entering into this Release.
a) You understand and agree to defend, indemnify and hold harmless PSV CDL against any losses arising out of your failure to comply with the express terms of this Agreement, and will promptly notify your own insurance carriers of any events of loss or incidents that may be covered under your insurance for any particular reason so as not to breach the terms of your own insurance policies and/or any cooperation clause thereunder.
b) To the fullest extent permitted by law, you shall defend, indemnify and hold harmless PSV CDL, CAC, their agents, employees, officers, directors, affiliates, members, students, and subsidiaries for (the “indemnified parties”), from, and against any and all claims, damages, losses, and expenses, including attorneys’ fees and litigation costs (“Damages”), arising out of or allegedly resulting from your negligent or reckless conduct or failure to follow the instruction of the Program Instructors, or by materially breaching the terms of this Agreement, including any CAC policies received or incorporated herein. Such defense, indemnity, and hold harmless obligations shall include only those Damages attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom, caused in whole or in part by your negligent or reckless actions, whether passive or active, or by omission. The defense and indemnity obligations under this provision shall survive termination of this Agreement.
c) By participating in the Program, you agree to exonerate and indemnify the Indemnified Parties from and against any and all liability for losses and/or expenses of whatsoever kind, including, but not limited to, interest, court costs, and counsel fees, and from and against any and all such losses and/or expenses which the Indemnified Parties may sustain in conjunction with your negligent or reckless conduct, failure to follow the instruction of the Program Instructors, or by your material breaching the terms of this Agreement, including any CAC policies received or incorporated herein.
d) Indemnified parties may, at their sole and absolute discretion pay, compromise, defend, settle, investigate, appeal or otherwise handle or resolve any claim, demand, suit, arbitration demand, judgment, award or expense arising out of your Indemnity obligations arising under this Agreement. Any such act or decision by the indemnified parties is binding upon and ratified by you. Any cost, expense or payment incurred or made by the indemnified parties shall be a loss covered by this Agreement. An itemized statement, sworn to by any employee of the indemnified parties, or a copy of a check or draft or other evidence of such payment or compromise, shall be prima facie evidence of the fact and amount of any loss and the liability of you for it under this Agreement.
This Agreement is intended to create enforceable rights between PSV CDL and Enrollee only, and, except as expressly provided in this Agreement, creates no rights or obligations to any other persons or entities.
Except as otherwise provided herein, this Agreement shall inure to the benefit of and be binding upon PSV CDL, Enrollee, and their respective heirs, successors, and assigns.
PSV CDL may furnish program materials in order to deliver the Program instruction and testing. PSV CDL is not responsible for furnishing supplies, such as pens, notebooks, footwear, laptops, desktop computers, transportation to and from the CAC campus, or any other supplies or expenses. Enrollee acknowledges and agrees that it is their sole responsibility to attend instruction wearing proper attire and bringing with them proper supplies and materials for instruction and taking any assessments.
In any litigation, arbitration or other proceeding (and appeals therefrom) brought to enforce the terms of this Agreement, the prevailing party shall be entitled to recover all of the attorneys’ fees, costs, and expenses incurred in the Action. The prevailing party in the Action will be determined by the Arbitrator or Judge, as applicable. This Agreement shall be governed by the laws of the State of Arizona. Any Action brought under this Agreement shall be brought in the Courts of Maricopa County, Arizona.
All article, section and paragraph titles and captions contained in this Agreement are for convenience only and are not a part of the context of this Agreement.
This Agreement sets forth the entire understanding between the parties, and any prior conversation or writing is merged herein and extinguished.
All pronouns and any variations of such pronouns are deemed to refer to pronouns as the identity of the appropriate persons or entities may require.
Agreement may not be amended, modified or changed, nor shall any waiver of any provision hereof be effective, except by a written instrument signed by the parties. Waiver of any default shall not constitute waiver of any subsequent default.
In the event that any clause, subsection or section of this Agreement shall be adjudged invalid or unenforceable, such adjudication shall not affect the other clauses, subsections, or sections, which shall remain in full force and effect as if the section so declared or adjudged invalid were not originally part hereof.