And referred to as the “Agent” of the other party.
1. DEFINITIONS AND INTERPRETATION
In this Agreement:
“Pupil” means any learner driver introduced, referred, allocated, or otherwise provided to the Agent by DirectDrive™, whether or not they have commenced paid lessons.
“Lead” means an inquiry or prospective pupil whose details have been passed to the Agent but who has not yet commenced paid lessons.
“Franchise Fee” means any weekly or monthly fee payable by the Agent to DirectDrive™ under this Agreement.
Words importing the singular include the plural and vice versa.
The headings are for convenience only and do not affect construction.
“Including” means “including without limitation.”
2. TERM OF AGREEMENT
2.1 This Agreement shall commence on the date signed by both Parties and shall continue until terminated in accordance with these terms.
2.2 Any amendments or variations must be made in writing and signed by both Parties. No verbal amendments are valid.
2.3 During the initial 14-day introductory trial, either Party may terminate this Agreement with immediate effect and without notice.
2.4 After the initial 14-day period, this Agreement shall be binding for a minimum term of three (3) months. Early termination by the Agent within this period shall constitute a breach of contract, entitling DirectDrive™ to damages.
2.5 After the initial 3-month period, the Agreement shall automatically continue for a further twelve (12) months unless terminated in accordance with Clause 11.
3. OWNERSHIP OF PUPILS
3.1 All Pupils registered with, allocated by, or introduced by DirectDrive™ remain the exclusive property and customers of DirectDrive™.
3.2 Should the Agent wish to retain any such Pupil as their own customer independently of DirectDrive™, the Agent must obtain DirectDrive's written consent, and a charge of £150 per Pupil shall be payable.
3.3 Leads shall not be deemed Pupils until they have commenced paid instruction with the Agent.
3.4 For twelve (12) months after this Agreement ends, for any reason, the Agent shall not offer or provide driving lessons to any Pupil they taught in the six (6) months before it ended, whether directly or through another driving school.
3.5 If the Agent breaches clause 3.4, the Agent agrees to pay DirectDrive™ £150 for each Pupil taught in breach. This reflects DirectDrive™'s cost of acquiring that Pupil and is not a penalty.
3.6 For twelve (12) months after this Agreement ends, the Agent shall not approach or encourage any DirectDrive™ instructor or trainee to leave DirectDrive™.
4. DIRECTDRIVE™ OBLIGATIONS
DirectDrive™ agrees to:
4.1 Provide a 14-day introductory period before the Franchise Fee becomes payable.
4.2 Provide a minimum of four (4) Pupils per month, subject to market conditions and demand.
4.3 Advertise and generate Leads on behalf of the Agent, including but not limited to:
(a) business stationery;
(b) printed materials and appointment cards;
(c) online and directory advertising;
(d) website advertising and maintenance;
(e) vehicle advertising materials;
(f) answering incoming calls from Leads and allocating suitable Pupils.
5. AGENT OBLIGATIONS
By entering this Agreement, the Agent agrees to:
Professional Conduct
5.1 Behave professionally, courteously, and respectfully towards all Pupils.
5.2 Maintain punctuality and inform Pupils of any delay immediately.
5.3 Maintain high levels of personal hygiene, appearance, and appropriate dress.
5.4 Avoid any inappropriate behaviour, language, or suggestions towards Pupils.
5.5 Avoid all physical contact except in emergencies or customary greetings.
5.6 Undertake continuous professional development and maintain ADI/PDI status (where applicable).
5.7 Keep all pupil records and the booking system updated daily.
Brand and Vehicle Requirements
5.8 Display the DirectDrive™ roof sign, panels, and branding on the vehicle at all times during lessons. The roof sign (headboard) remains the property of DirectDrive™. If it is stolen while in the Agent's care, the Agent shall pay DirectDrive™ £100 for a replacement.
5.9 Keep the vehicle clean, roadworthy, safe, insured, and properly maintained.
Review Requirement
5.10 Actively request and encourage Google reviews from every Pupil. Not doing so will result in fewer booked Pupils.
5.11 The Company monitors performance and reputation. Three (3) negative reviews may result in termination at the Company’s discretion.
6. BUSINESS DEALINGS WITH PUPILS
The Agent agrees to:
6.1 Contact all New leads within 30 minutes of arrival.
6.2 Safeguard and properly account for all payments received from Pupils. All lesson income belongs to the Agent. If the Agent falls into arrears on any Franchise Fee payments, DirectDrive™ shall be entitled to retain any prepaid lesson fees received from Pupils and apply them towards the outstanding balance owed by the Agent.
6.3 Provide Pupils, on or before the first lesson, with terms including:
(a) lesson pricing;
(b) duration;
(c) cancellation charges;
(d) vehicle use for driving tests;
(e) complaint procedure;
(f) legal indemnity statement.
6.4 Convert Leads to paying Pupils to the best of their skill and effort, and keep every active Pupil booked in the DirectDrive™ diary at least four (4) weeks in advance, so each Pupil always has lessons ahead and double bookings are avoided.
6.5 Participate in all advertising campaigns or promotions operated by DirectDrive™.
7. AVAILABILITY AND HOLIDAYS
7.1 The Agent must be available for a minimum of thirty (30) lessons per week, unless otherwise agreed in writing.
7.2 The Agent shall work all agreed days except bank holidays, religious holidays, and optional Sundays.
7.3 The Agent may take four (4) weeks of holiday per year, giving at least two weeks’ notice.
7.4 The Agent shall pay DirectDrive™ £80 per week (inclusive of VAT) via standing order, except during authorised holiday periods. Payment days are on Friday of each week.
8. FINANCIAL TERMS
8.1 The Agent shall retain all lesson fees paid by Pupils and shall charge the current agreed lesson rate.
8.2 DirectDrive™ may adjust lesson pricing at its discretion, with reasonable notice to the Agent.
8.3 The Agent must hold fully comprehensive motor insurance covering tuition and third-party risks.
8.4 The Agent shall be solely responsible for:
(a) vehicle maintenance and repairs;
(b) parking fines, penalties, and driving offences;
(c) HMRC obligations, including income tax and National Insurance;
(d) all liabilities arising from their self-employed status.
9. LIABILITY AND INDEMNITY
9.1 The Agent acknowledges they are self-employed and not an employee of DirectDrive™.
9.2 The Agent shall indemnify DirectDrive™ against all claims, losses, damages, liabilities, and legal costs arising from:
(a) their conduct;
(b) their vehicle;
(c) any breach of this Agreement;
(d) any act or omission during driving instruction.
9.3 DirectDrive™ accepts no liability for the Agent’s earnings, business performance, or vehicle-related incidents.
10. CONFIDENTIALITY
10.1 The Agent shall keep confidential all business information, pupil details, pricing, systems, and marketing strategies belonging to DirectDrive™.
10.2 This clause survives termination.
11. TERMINATION
11.1 DirectDrive™ may terminate this Agreement immediately if the Agent:
(a) receives three (3) negative reviews;
(b) commits gross misconduct;
(c) breaches this Agreement;
(d) damages the DirectDrive™ brand or reputation.
11.2 Either Party may terminate after the minimum term by giving 28 days’ written notice.
11.3 Upon termination:
(a) all DirectDrive™ pupils revert to the Company;
(b) all branding must be removed from the vehicle;
(c) any outstanding sums become immediately payable;
(d) clauses 3, 9 and 10 continue to apply.
12. GOVERNING LAW
12.1 The laws of England and Wales govern this Agreement.
12.2 The Parties submit to the exclusive jurisdiction of the courts of England and Wales.