Stick Shift Driving Academy Policies (“Stick Shift Policies”)
Thank you for your interest in Frustaci Ventures, LLC d/b/a Stick Shift Driving Academy (SSDA), a Delaware limited liability company. These Stick Shift Policies sets forth the conditions and terms under which users may participate in our Service. To take advantage of our Service, you must read and accept all of the conditions and terms set forth herein and in the SSDA Terms of Service, and SSDA Privacy Policy. Any inconsistency between this Agreement and the Terms of Service or the Privacy Policy is unintentional and the Terms of Service shall control. If you do not agree to be bound by the conditions and terms herein, you may not use or access SSDA’s Service offered by this Site. It is your responsibility to read these Stick Shift Policies, the Terms of Service, and the Privacy Policy before using this Service.
BY USING THIS SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
SSDA’s Service is providing instruction for operation of a manual transmission vehicle. The Service is provided via in person lessons with instructors introduced to you via SSDA’s website (“SSDA Instructor”).
In order to participate in an SSDA manual transmission lesson you must:
It is your responsibility to provide your SSDA instructor with proof that you possess a valid license to drive and valid insurance before the commencement of your first manual transmission lesson. If you are not fully prepared for a lesson with the above requirements, or if the instructor suspects that you are impaired by substance use, medical condition, or anything similar that would cause risk and potential injury, or if you exhibit behavior, including driving behavior, that is uncivil, aggressive, irresponsible, or otherwise indicative of behavior that might lead to loss or injury, your instructor reserves the right to refuse to conduct the manual transmission lesson.
Determination of improper conduct or failure to fulfill the requirements will be at the sole discretion of the instructor. If the instructor cancels the lesson due to any of the aforementioned reasons, SSDA may still charge you for such lesson and no refunds shall be issued.
By participating in an SSDA manual transmission lesson, you represent and warrant that you:
a. Do not have any medical, physical or mental health conditions which could be directly related to your performance in any aspect of the courses to be provided by SSDA, including but not limited to hearing problems, rheumatic fever, vision problems not addressed by corrective lenses, epilepsy, fainting spells, heart trouble, paralysis/numbness, orthopedic problems, etc.
b. Have not had a fainting spell, blackout, seizure, or other uncontrolled loss of consciousness, physical or mental condition or episode in the past six months which could affect your ability to operate a motor vehicle safely
c. Have a visual acuity of at least 20/40 corrected and that you will wear corrective lenses if needed.
Your SSDA instructor will provide a car for you to use during the lesson. The vehicle is owned and maintained by the instructor. The car is neither owned nor inspected by SSDA. SSDA makes no claims or warranties about the safety, reliability, or suitability of the car. It is your responsibility to ensure that the car meets standard requirements.
SSDA instructors teach students how to operate a manual transmission, not how to drive a car. In order to participate in an SSDA lesson, you warrant that you already know how to safely operate a motor vehicle and that the lesson will exclusively cover how to operate the manual transmission while driving.
You will meet with instructors at a location that is both suitable for instruction and convenient for the instructor. If you need a different location, any extra time involved in meeting at the alternate location from the original location will be counted as instruction time. No one is allowed in the training vehicles during lessons except for the student and instructor.
Given the different learning abilities and paces of our students, SSDA does not guarantee that you will feel fully prepared to operate a manual transmission within the hours that you have purchased. If you should desire more lesson time, you are responsible for purchasing more lesson hours.
All lessons are scheduled using SSDA’s website (the “Site”), the use of which is subject to our Terms of Service, Privacy Policy, and Stick Shift Policies. Payment for the Service is to be made directly to SSDA before a lesson may be scheduled. Once payment is made, you will be able to see the exact availability of the SSDA instructors in your area. You can then reserve time on your instructor’s calendar.
You and your instructor are responsible for agreeing to such matters as the timing, location, and duration of individual manual transmission lessons. Your instructor cannot guarantee that they will be available each time you choose to request a manual transmission lesson. It is your responsibility to agree to and confirm the timing of lessons with your instructor.
Where possible, all lessons will be delivered by the same SSDA instructor, but we reserve the right to request any SSDA instructor to deliver the lesson to you. In order to provide continuity of service, your contact details, lesson plans, and progress reports will be shared with any SSDA instructor who has agreed to deliver services.
SSDA operates its Site and provides the Service in order to allow you, the customer, to purchase manual transmission lessons packages with a SSDA instructor. Payment in advance is required. You can make payment via one of the following methods:
Following the provision of each manual transmission lesson, your SSDA instructor will confirm to SSDA that the manual transmission lesson has been delivered and, subsequently, SSDA will send you an email (to the most recent email address you have provided to SSDA at the time). The email will detail the name of the SSDA instructor, the duration of the manual transmission lesson and the date and time of delivery of the manual transmission lesson. If you disagree with the details in the email, you should contact SSDA immediately, but in any event within 72 hours of the time and date of the email, to place the transaction in dispute. If you do not dispute the details within the specified time, you waive your right to dispute such lesson.
In the event of a query or dispute about any aspect of your manual transmission lessons or your SSDA Instructor, you should contact SSDA within the time frame detailed above and we will endeavor to resolve the issue promptly.
You shall be solely responsible for all citations, tickets, or other violations that occur during your lesson. Unpaid citations, including all fees and late charges, shall be subject to a $20.00 service fee. You agree that any amounts paid by SSDA on your behalf shall be applied to your provided credit card(s).
You must give at least 48 hours’ notice to your instructor if you wish to cancel or reschedule a booked manual transmission lesson. Failure to do so may result in your instructor charging you the full amount for that manual transmission lesson. Any losses resulting from failing to give sufficient notice regarding a cancellation or rescheduling will not be subject the Refund Policy detailed below at Section 7 of this Agreement.
We do our best to come to each and every lesson on time, but there are circumstances that may outside of our control, and may need to cancel a lesson at the last minute due to illness, weather, or a malfunction with the training vehicle. In the event that SSDA must cancel a lesson for any reason, SSDA will not incur any fees or charges for such cancellation.
SSDA operates an “Easy Refund Guarantee”. If you decide you no longer wish to participate in manual transmission lessons through SSDA, we will refund any funds remaining in your Customer Account in line with the refund terms below, without charge.
For security reasons, any refund of your funds will be made back to the card from which the original payment was taken. If for any reason those card details have become invalid before any refund can be made, SSDA reserves the right to verify the identity of the person requesting the refund and seek verification of the validity of any alternative card or bank account details provided by you.
Our “Easy Refund Guarantee” only applies to funds initially paid to SSDA and held on your behalf in the Client Account. If you pre-paid for a package of hours, whether at full price, or discounted, any partial refund will be based on the non-discounted, price per hour for our manual transmission lessons.
Any funds paid directly to your instructor are not protected by this guarantee.
Funds paid to SSDA for prepaid manual transmission lessons to be provided by your instructor must be applied to manual transmission lessons by you within six months of the date of your original payment to SSDA. You acknowledge that after the expiry of this six-month period, you will not be entitled to a refund of any funds not applied to manual transmission lessons or to utilize these funds for booking further manual transmission lessons. If, at any point during this six-month period you determine that you do not wish to take any more of your prepaid manual transmission lessons, you are entitled to a refund of the balance of your funds. To request a refund, call SSDA at 617-514-0445 or email us at g@stickshiftdrivingacademy.com.
If you cancel your lesson and request a refund, SSDA will charge a 10% fee, which will be subtracted from the refund. Note that refunds typically take 5 to 10 business days to be processed. SSDA will NOT charge a fee if you choose to reschedule instead of canceling.
You can only pay for manual transmission lessons via the methods outlined above. You cannot pay for lessons via any other method and neither SSDA nor your instructor accept any liability for monies for lessons paid for by any other method than those outlined above. We do not for example arrange lessons through any social media channel or auction site or any other website. Where a partner promotion offers discounted lessons, a promotion code will be provided to enable you to purchase the discounted lessons on our website center. If you are in any doubt about the validity of any offer you find, online or elsewhere, for manual transmission lessons with an SSDA instructor, please call SSDA at 617-514-0445 for assistance.
Students will not be allowed to use their cell phones or any electronic devices while in the instruction vehicle. This policy includes talking or texting on a mobile device. You may bring a cell phone to your manual transmission lesson but it must be set to silent/vibrate and to be used only in an emergency. This policy will be strictly enforced with one warning during the manual transmission lesson, then the instructor may immediately terminate the lesson. No refunds will be offered if the instructor has terminated the lesson due to a violation of this policy.
SSDA is committed to providing an environment free from discriminatory practices. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964. Sexual harassment includes any unwelcome sexual advance, request for sexual favors, or other verbal, visual, or physical conduct of a sexual nature or of a hostile nature. You understand that if you engage in sexual harassment directed at other students or at instructors, you may be subjected to discipline, up to and including expulsion. You further understand that all students and all instructors are required to report any sexual harassment by or of students.