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.

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.