CONSENT & AUTHORIZATION: WAIVER & RELEASE OF LIABILITY; ASSUMPTION OF RISKS & IDEMNITY AGREEMENT

I. Consent and Authorization. The undersigned hereby agrees, acknowledges and confirms that I am the parent or legal guardian of the undersigned minor participant or I am the participant over 18 years of age (hereinafter the “Participant”). I hereby give my full consent and authorization for the Participant to enroll & participate in a driver’s education class offered by Open Road Driving School.com, Inc. (hereinafter referred to as the “Company”).

II. Waiver and Release. In consideration of the Participant being permitted to participate in the driver’s education class offered by the Company (hereinafter referred to as the “Activity”), and any other activity associated with or undertaken in connection with the Activity, the undersigned, for itself, heirs, personal representatives and/or assigns, and for the Participant, do hereby covenant not to sue the Company, and hereby release, waive and discharge the Company and its officers, employees and agents from any liability and from any and all claims, including the negligence of the Company, its officers, employees and/or agents, etc., resulting in personal injury, accidents, or illnesses (including death) and property loss arising from, but not limited to, participation in the Activity. The undersigned and the Participant hereby acknowledge, agree and understand that the Participant may be photographed and/or filmed while engaging in the Activity by cameras within the motor vehicle, or otherwise. Please be advised that the Company owns and operates a number of vehicles with a rebuilt title status. A rebuilt title is one which was previously wrecked, destroyed or damaged to the extent a previous owner considered the vehicle uneconomical to repair, and which allows us to include newer vehicles, often with more advanced technology and safety features in our fleet. Our company reviews VIN #, vehicle history, and types of repairs made to the vehicle before adding it to the company fleet. If a participant or guardian does not consent to use of a rebuilt title vehicle, the participant should notify the Company to discuss making alternate arrangements. The undersigned hereby irrevocably consents to and authorizes the use and reproduction by the Company, or anyone authorized by the Company, of any and all photographs and/or video taken of the Participant for any purpose whatsoever and without compensation to the undersigned or the Participant.

III. Assumption of Risks. Participation in the Activity involves operation of a motor vehicle by the Participant who has little or no training in the operation of a motor vehicle. The Activity therefore carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary, but may range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as joint or back injuries, broken bones, and concussions; and (3) catastrophic injuries including paralysis and death. Injuries may result from the correct or incorrect performance of techniques used in the class, from inclement weather or other exterior conditions, or from being involved in a collision. This list is non-exhaustive and is provided by way of illustration of risks or injuries that may be incurred. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the Activity. I hereby confirm that participation in the Activity by the Participant is voluntary and I knowingly assume all such risks. The purpose of this WARNING is to bring your attention to the existence of potential dangers associated with participation in this class and to aid you in making a voluntary and informed decision as to whether you or your family member should participate in this class or activity. As a student or a parent/guardian of a student, it is your responsibility to learn about and/or to inquire of physicians, attorneys or other knowledgeable persons about any concerns that you might have regarding student safety of class participation. In the unfortunate event of a collision with a student behind the wheel, Open Road will ask that the student or family of the student cover half of the deductible for collision repairs ($1,000 deductible for collision insurance; $500 responsibility to student or student’s family).

IV. Indemnification and Hold Harmless. I also agree to indemnify and hold the Company harmless from and against any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys’ fees, incurred as a result of the Participant’s participation in the Activity, and to reimburse the Company for any such expenses incurred. The Company is not responsible for any future driving decision or action after the Participant has completed the driver’s education course.

V. Severability. The undersigned further expressly agree that the foregoing consent and authorization, waiver and release of liability, assumption of risks and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Iowa, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

VI. Other fees, refunds and lost property. All refunds are subject to an administrative fee of $35. A full refund minus administration fee is available up until 60 days prior to the first day of the course. If you need to transfer classes, you must request a transfer at least 10 days before the first day of the course. If the online classroom portion of the course has been sent, there will be a tuition fee of 50%, regardless of cancelation date. Signing up for multiple classes is not allowed unless the class initially desired was on a waiting list. There is a mandatory $59 extension fee for changing classes within 30 days. Students who cancel, change, or don’t show for a drive time are subject to a $50 “no show” fee. If a student incurs two “no shows” he/she will be dropped from the course with no refund. If a student schedules drive times and drops the course, they will be subject to a re-enrollment fee of $159 with no refund.

VIII. Acknowledgment and Understanding. This agreement shall be governed by the laws of the State of Iowa and the State of Iowa shall be the sole and exclusive jurisdiction of any legal dispute between the parties. Venue for any legal dispute between the parties shall be the Iowa District Court of Washington County. I have read this consent and authorization, waiver and release of liability, assumption of risks, and indemnity agreement, and I fully understand that I am giving up substantial rights, including my right to sue the Company. I acknowledge that I am signing this Agreement freely and voluntarily and intend my signature below to be the complete and unconditional release of all liability to the greatest extent allowed by law. A facsimile of this Agreement shall be as enforceable as an original. Permit