Section 1066.60 Online Only Adult Driver Education Course Student Contracts

Section 1066.60  Online Only Adult Driver Education

Course Student Contracts

a)         Each

student shall be informed, prior to the time instruction begins and the

collection of any fees, of the amount of any and all fees or charges relative

to the adult driver education course, including but not limited to enrollment,

tuition, equipment, textbooks and instructional manuals. The provider shall not

require mandatory installation or purchase of the provider's proprietary

software or shareware, unless this fee was expressly included in the disclosure

of fees made prior to enrollment in the course.

b)         All

contracts or agreements between any provider and any individual or group for

the sale, purchase, barter or exchange of any driver education instruction,

must contain the following:

1)         A

statement that the agreement constitutes the entire contract between the

provider and the student and that no verbal assurances or promises not

contained in the agreement shall bind the provider or the student.

2)         A

statement indicating that all disputes under this Section shall be directed to

the Secretary of State.

c)         The

term "no refund" and a no refund policy concerning student payments are

not permitted in any online adult driver education course contract. A provider

may use the phrase: "The provider will not refund any fees if the provider

is capable and willing to perform its part of the contract."

d)         No

provider may sell, transfer, assign, exchange, trade or otherwise dispose of

any contract or part of a contract, agreement or obligation between any

provider and any student, unless the provider has obtained the written consent

of the student

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may use the phrase: "The provider will not refund any fees if the provider

is capable and willing to perform its part of the contract."

d)         No

provider may sell, transfer, assign, exchange, trade or otherwise dispose of

any contract or part of a contract, agreement or obligation between any

provider and any student, unless the provider has obtained the written consent

of the student.

e)         If a

provider fails to comply with the provisions of a contract or agreement by or

between the provider and any of its students, the provider shall refund all

monies paid by the student as consideration for performance of the contract or

agreement by the provider, unless the student violates the provisions of the

contract or agreement. No provider is required to issue a refund to a student

who has successfully completed the provider's course and for whom a certificate

of completion has been issued.