Terms and Conditions

Drive Smart Idaho, LLC in conjunction with Idaho Online Driver Education, hereafter referred to as the COURSE PROVIDER offers a Driver Education course of instruction, which includes online classroom instruction/coursework and behind-the-wheel instruction in accordance with the State of Idaho requirements.

Pre-Requisites

Supervised Instruction Permit (Idaho Graduated Driver’s License [GDL]) must be obtained from Idaho Department of Motor Vehicles (DMV). Please see Idaho Transportation Department (ITD) website for requirements and process information. https://itd.idaho.gov/wp-content/uploads/2017/06/3506_gdlfactsheet.pdf
Students under the age of 18 must be enrolled to Drive Smart Idaho, LLC by a parent or guardian.
Drive Smart Idaho, LLC Terms and Conditions must be accepted by a parent or guardian for students under the age of 18.
Behind-the-Wheel Only Students (under 17 years of age): To conform with Idaho Driver’s Ed business law, Drive Smart Idaho, LLC will only accept Certificates of Completion for online coursework from www.DriveSmartIdaho.com, www.IDLA.org (Idaho Digital Learning Alliance), www.DriversEd.com, or Idaho Online Drivers Education (by Brian Johns). If the student has received in-person classroom/coursework, it must be from an Idaho-approved public or private resource. You can view all Idaho public programs here. You can also search for Idaho Licensed private Drivers Ed businesses here. If the Student has not received their classroom/coursework from one of the approved resources listed above, Drive Smart Idaho, LLC will be unable to provide the Student their permit.

Services Provided

Drive Smart Idaho, LLC offers two service enrollment options: Full Course Enrollment and Behind-the-Wheel (“BTW”) instruction only.

Full Course Enrollment

Drive Smart Idaho, LLC will provide six (6) hours “Behind-the-Wheel” instruction. Note: Six (6) hours of “In-car observation” must be completed by the student outside of Drive Smart Idaho’s course to meet the State of Idaho requirements. To complete the Drive Smart Idaho course, students will be required to submit a “Student Observation Log”, provided by Drive Smart Idaho (https://www.drivesmartidaho.com/student-observation-log/). The State of Idaho requires thirty (30) hours of classroom instruction. With valid enrollment and payment, Drive Smart Idaho will provide the Student access to online course work/classroom instruction as part of the Driver’s Ed package. The classroom instruction and course work will be contracted to “Idaho Online Driver Education”, owned and operated by Brian Johns of Idaho (http://idahodrivereducation.com Email: bjohns67@gmail.com).

For more information about classroom and course work please visit: https://www.drivesmartidaho.com/online-course/ and https://www.drivesmartidaho.com/faq/.

Upon fulfilling classroom, behind-the-wheel requirements, and passing related exams, as outlined by the State of Idaho, Drive Smart Idaho will provide the student their “Supervised Driving Permit”, also known as a “Learner’s Permit”. For more information on Supervised Driving Permits, please visit: https://itd.idaho.gov/wp-content/uploads/2017/06/3506_gdlfactsheet.pdf

Behind-the-Wheel Instruction Only

Drive Smart Idaho, LLC will provide six (6) hours “Behind-the-Wheel” (BTW) instruction to meet the State of Idaho requirements.

For more information about classroom and course work please visit: https://www.drivesmartidaho.com/online-course/ and https://www.drivesmartidaho.com/faq/

Important Note for Behind-the-Wheel Students under 17 years of age:

To conform with Idaho Driver’s Ed business law, Drive Smart Idaho, LLC will only accept Certificates of Completion for online coursework from www.DriveSmartIdaho.com, www.IDLA.org (Idaho Digital Learning Alliance), www.DriversEd.com, or Idaho Online Drivers Education (by Brian Johns). If the student has received in-person classroom/coursework, it must be from an Idaho-approved public or private resource. You can view all Idaho public programs here. You can also search for Idaho Licensed private Drivers Ed businesses here. If the Student has not received their classroom/coursework from one of the approved resources listed above, Drive Smart Idaho, LLC will be unable to provide the Student their permit.

Course Completion

The STUDENT will have 365 days from COURSE START to successfully complete the course.

Completion Certification

The STUDENT agrees to complete all phases of the course of instruction in order to receive a completion certificate. The STUDENT may be required to pay fees to COURSE PROVIDER if through no fault of COURSE PROVIDER, STUDENT requests a duplicate and/or reissue of the original certificate of completion.

Drive Smart Idaho, LLC Fee & Refund Schedule

Name	Description	Price	Refundable
Driver’s Ed Full Course Enrollment	Includes full access to online instruction/course work as well as 6 hours of behind-the-wheel instruction.	$375.00	If no behind-the-wheel instruction has begun, a $325 refund is available. If Student has completed one (1) behind-the-wheel instruction, a $250 refund is available. If Student has completed two (2) or more behind-the-wheel instructions, no refund is available.
Behind-the-Wheel Instruction Only Enrollment	Includes 6 hours of behind-the-wheel instruction.	$275.00	If no behind-the-wheel instruction has begun, a $265 refund is available. If Student has completed one (1) behind-the-wheel instruction, a $200 refund is available. If Student has completed two (2) or more behind-the-wheel instructions, no refund is available.
Retry Driving Test Fee	If a student fails a behind-the-wheel driving test, one (1) free retake test is given. Any subsequent retakes are charged per attempt.	$30.00	No

Payments

Full Course Enrollment: To successfully register for Drive Smart Idaho driving school, payment is required at time of enrollment. Total course fees are $375.00 per student, for Full Course Enrollment. If necessary, students can enroll by paying only a deposit of $187.50 per student at time of enrollment. For students who have elected to pay a deposit, they will be required to pay the remaining balance due of $187.50 per student prior to final behind-the-wheel instruction drive. Failure to pay the remaining balance due will result in the student being unable to obtain their Idaho Learner’s Permit from Drive Smart Idaho, LLC.

Behind-the-Wheel Only Enrollment: To successfully register for Drive Smart Idaho driving school Behind-the-Wheel Only instruction, full payment is required at time of enrollment. Total Behind-the-Wheel package fee is $275.00 per student. Failure to pay the remaining balance due will result in the student being unable to obtain their Idaho Learner’s Permit from Drive Smart Idaho, LLC.

Preferred method of payment is through PayPal’s online invoice, however, should you choose to pay by check, make all checks payable to “Drive Smart Idaho”. Please contact Drive Smart Idaho with specific questions in regard to billing and payments at Luci@DriveSmartIdaho.com or by phone at 208-850-6351. Drive Smart Idaho reserves the right to take legal action, including the use of collection agencies, to collect unpaid debts.

Drive Smart Idaho, LLC reserves the right to withhold refunds in accordance with Drive Smart Idaho, LLC Fee and Refund Schedule, outlined herein.

Cancellations and Refund Policies

We are confident in our ability to teach our students how to navigate the roads confidently and safely, however, if for any reason you feel the need to cancel, we will refund your money based on the “Refundable” column details in the “Drive Smart Idaho, LLC Fee & Refund Schedule” herein (shown above). For cancellations or refund requests, please email: Luci@DriveSmartIdaho.com. All cancellations and refund requests must be submitted in writing. The amount refunded will be determined based on the following: Date of enrollment and number of behind-the-wheel drives, as defined by the Drive Smart Idaho, LLC Fee & Refund Schedule (outlined above).

General Policies

By enrolling in or purchasing any Drive Smart Idaho, LLC’s services, the Student and/or Legal Guardian agree to all terms and conditions as outlined herein.
Your Drive Smart Idaho agreement starts from the day payment has been received, not from the day you get your permit. Be sure to take your lessons within the specified amount of time (365 days from enrollment).
For Drive Smart Idaho Full Course Enrollment, a minimum deposit of $187.50 must be paid in full in advance of the first behind-the-wheel lesson. For Behind-the-Wheel only instruction, the full amount of $275.00 must be paid before instruction. Retry Driving Test Fee must be paid in full before retry attempt.
Scheduling driving lessons are on a first come, first serve basis and are weather permitting. Drive Smart Idaho, LLC Instructors reserve the right to reschedule behind-the-wheel instruction due to weather or road conditions at any time.
Behind-the-wheel instruction will not begin until the student has completed Unit 1 (or 25%) of their online coursework.
The final behind-the-wheel instruction drive will not be scheduled until the student has completed all online coursework and passed their final coursework exam, completed and submitted the Student Observation Log (Student Observation Log), and has paid the full balance of their invoice.
It is the customer’s sole responsibility to communicate driving lesson appointments with family members.
For specific lesson performance questions, please make sure that you contact us as soon as possible after the lesson.
The lesson may sometimes go over two hours depending on traffic and how far the next student pickup address is.
No one is allowed in our vehicles during driving lessons except for the students and instructors.
We teach students defensive driving. Their ability to learn within the six (6) hour period may vary depending on the student’s abilities. The DMV requires any minors taking the driving test to complete a minimum of 50 hours (including 10 hours of night driving) of driving before they can take the test. We urge parents to practice as much as possible with their children. See the DMV issued Parent-Teen Training Guide for reference. For more resources, visit our Resources page.
Safety first, always! Therefore, freeway driving is not mandatory and is left to the instructor’s discretion. This decision will be based on Student’s experience, capabilities, road and traffic conditions.
The Parent/Guardian/Student are responsible for any damage or graffiti caused by students, to our vehicles or property.
Refunds: Please refer to Drive Smart Idaho, LLC’s Fee and Refund Schedule herein (shown above).
Requirements for obtaining a permit or driver license are subject to change. For the latest requirements in obtaining a permit or license, please visit the DMV website at: https://itd.idaho.gov/itddmv/?target=drivers-license-id-cards
We reserve the right to refuse service to anyone, in accordance with State of Federal laws.
For the safety, privacy, and security of the students, instructors and others, there may or may not be video surveillance at the driving school and in company vehicles.
Two hours of continual driving is a long time for any new driver to be on the road. For this reason, we may take up to 10 minutes to allow the student and instructor to get some relief and clear their heads so that they can continue to learn to drive safely.
Behind-the-Wheel Only (Student’s under 17 years of age): To conform with Idaho Driver’s Ed business law, Drive Smart Idaho, LLC will only accept Certificates of Completion for online coursework from www.DriveSmartIdaho.com, www.IDLA.org (Idaho Digital Learning Alliance), www.DriversEd.com, or Idaho Online Drivers Education (by Brian Johns). If the student has received in-person classroom/coursework, it must be from an Idaho-approved public or private resource. You can view all Idaho public programs here. You can also search for Idaho Licensed private Drivers Ed businesses here. If the Student has not received their classroom/coursework from one of the approved resources listed above, Drive Smart Idaho, LLC will be unable to provide the Student their permit.

Circumvention Warning

The STUDENT agrees that he/she, and not any other person, will study the material in its entirety and complete the module quizzes and the final exam. It is illegal to attempt to circumvent this course or provide false information. If the COURSE PROVIDER discovers that the STUDENT has willfully misrepresented himself or has cheated, the STUDENT will be stopped from taking the course with no refund of the registration fees.

Representations and Warranties

Parent/Guardian/Student represents and warrants that the user information and registration information provided by Parent/Guardian/Student is true and correct, and acknowledges that the truth and accuracy of such information is a material inducement to COURSE PROVIDER in permitting the Student to enroll in the course. Parent/Guardian/Student further acknowledges and agrees that any willful or intentional misrepresentation by Parent/Guardian/Student regarding such user information or registration information constitutes a breach of this agreement and of the representations and warranties by Parent/Guardian/Student as provided in this agreement, and may subject student to liability for damages incurred by COURSE PROVIDER as a result thereof, including but not limited to general, consequential, and punitive damages.

Limitation of Liability

Parent/Guardian/Student acknowledges and agrees that the liability of COURSE PROVIDER and its agents, employees, and parent company for any act, omission to act, or negligence on the part of COURSE PROVIDER and its agents, employees, and parent company is strictly limited to and shall not exceed the amount of the registration fee actually paid by Parent/Guardian/Student.

License Grant

The COURSE PROVIDER grants STUDENT a limited, personal, non-assignable, non-transferable and non-exclusive right and license to use the COURSE until the COURSE PROVIDER terminates STUDENT’s access rights; provided and expressly conditioned upon STUDENT’s agreement that all such access and use shall be governed by all of the terms and conditions set forth in these terms and provided that STUDENT does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the COURSE. STUDENT agrees not to modify the COURSE in any manner or form, or to use modified versions of the COURSE, including (without limitation) for the purpose of obtaining unauthorized access to the COURSE or creating a competitive product. STUDENT agrees not to access the COURSE by any means other than through the interface that is provided by the COURSE PROVIDER.

Indemnification

Parent/Guardian/Student agrees to indemnify, defend and hold harmless the COURSE PROVIDER, its subsidiaries, licensors, affiliates and its and their officers, directors, employees, affiliates, agents, representatives or subcontractors, for any against all claims or demands, including reasonable attorney’s fees, arising from or related to STUDENT’s access, connection to, or use of, or STUDENT’s inability to use, access or connect to the COURSE, or Parent/Guardian/Student violation of these terms.

Governing Law and Forum Selection

These terms are construed under the laws of the State of Idaho, without reference to its conflict of law’s provisions. Parent/Guardian/Student agrees that any action at law or in equity arising out of or relating to the COURSE can be filed only and exclusively in a state or federal court located in Boise, Idaho, and Parent/Guardian/Student irrevocably and unconditionally consents and submits to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the COURSE. Parent/Guardian/Student knowingly, voluntarily, intelligently, and irrevocably waives any available affirmative defenses under federal law or any states’ laws to venue and jurisdiction in Boise, Idaho, including without limitation improper venue, forum non conveniens, lack of in personam jurisdiction, and all related defenses. Parent/Guardian/Student agrees that this forum-selection clause shall apply to any and all claims under federal law or any states’ laws and that arise from or relate in any way to the COURSE, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as putative representative of a class.

Mandatory Arbitration, Class Action Waiver, and Other Restrictions

The Parent/Guardian/Student acknowledges and agrees that any claim or dispute with COURSE PROVIDER and/or its agents, employees, and parent company whether based on contract, tort, or any other legal theories, shall be resolved pursuant to mandatory and binding arbitration under the American Arbitration Association’s (AAA) rules including AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. At least 30 days prior to initiating arbitration, the PARENT/GUARDIAN/STUDENT shall provide the COURSE PROVIDER with written notice of the Parent’s/Guardian’s/Student’s intent to seek arbitration that briefly describes the nature of Parent’s/Guardian’s/Student’s claim or dispute and the amount of money and other relief Parent/Guardian/Student is seeking pursuant to the claim or dispute. The notice shall be submitted to:

Attn: Terms & Conditions
23401 Hoskins Rd
Wilder, ID 83676

Email: Luci@DriveSmartIdaho.com

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. COURSE PROVIDER will, however, reimburse Parent/Guardian/Student for these fees for claims seeking less than $2,000 unless the arbitrator determines the claims are frivolous. Likewise, COURSE PROVIDER and its agents, employees, and parent company will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

The Parent/Guardian/Student and COURSE PROVIDER and its agents, employees, and parent company agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Accordingly, the arbitration shall proceed solely on an individual basis and without the right for claims to be arbitrated on a class action basis or asserted in any other purported representative capacity. Claims submitted to arbitration may not be joined or consolidated with claims asserted by others unless agreed to in writing by all parties.

The Parent/Guardian/Student and COURSE PROVIDER and its agents, employees, and parent company agree that no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions, if any portion of this Mandatory Arbitration, Class Action Waiver and Other Restrictions provision is deemed invalid or unenforceable, then the entire provision shall not apply.

General Information

These terms constitute the entire agreement between PARENT/GUARDIAN/STUDENT and the COURSE PROVIDER and govern STUDENT’s use of the COURSE superseding any prior agreements between STUDENT and the COURSE PROVIDER. The failure of the COURSE PROVIDER to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect. PARENT/GUARDIAN/STUDENT agrees that regardless of any statute or law to the contrary, in order to avoid waiver, PARENT/GUARDIAN/STUDENT must give the COURSE PROVIDER notice of any claim or course of action (“Claim”) arising out of or related to use of the COURSE within one (1) year after PARENT/GUARDIAN/STUDENT becomes aware of the material facts and circumstances giving rise to such Claim and any Claim must be filed within one (1) year after such claim arose or be forever barred.