My First Drive Driving School LLC, a Texas limited liability company (henceforth referred to as "School"), is committed to maintaining the highest standards of professionalism, safety, confidentiality, and service for both our minor and adult students. All contractors are expected to conduct themselves with integrity, prioritize student safety at all times, and provide consistent, high-quality learning experience. Contractor acknowledges and agrees that the safety, privacy and welfare of students is paramount and that any violation of safety protocols or professional standards may result in immediate termination of this Agreement.
This Agreement is made and entered by and between My First Drive Driving School LLC, a Texas limited liability company ("School"), and ("Contractor”). Contractor represents and warrants that they have the full legal capacity and authority to enter into this Agreement and perform the obligations hereunder.
Both parties agree to the following terms and conditions:
Independent Contractor Status
● The Contractor is engaged as an independent contractor and not as an employee of the School. Contractor acknowledges that they have the right to control the manner and means of performing services under this Agreement, provided that such services comply with all applicable laws, regulations, and School's safety and quality standards. Contractor agrees that this independent contractor relationship is intended to comply with all applicable tax and employment laws, and Contractor will not hold themselves out as an employee, agent, or representative of School except as specifically authorized in writing.
● This Agreement does not create any partnership, joint venture, employer-employee relationship, or agency relationship. Contractor has no authority to bind School or make commitments on School's behalf.
● Contractor is responsible for all federal, state, and local taxes, including self-employment taxes, and for obtaining and maintaining their own liability insurance and paying all applicable licensing fees. Contractor acknowledges that School will not withhold taxes or provide any tax forms except Form 1099-NEC as required by law. Contractor agrees to indemnify and hold School harmless from any claims, penalties, or liabilities arising from Contractor's failure to pay taxes or maintain required insurance.
Licensing & Qualifications
● Contractor must hold a valid and active driving instructor license as required by Texas law and maintain such license in good standing throughout the term of this Agreement. If Contractor conducts DPS-authorized road tests under the Third Party Skills Testing (TPST) program, Contractor must also hold a current and valid TPST certification issued by the Texas Department of Public Safety (DPS) and maintain such certification in good standing at all times.
● Contractor must obtain and maintain at their own expense all required certifications, background checks, and any state-mandated training. Contractor must immediately notify School if any license, certification, or background check status changes or if Contractor becomes ineligible to provide instruction services.
● Contractor represents and warrants that they have no criminal history that would disqualify them from working with minors under applicable law, including but not limited to any convictions or pending charges related to sexual offenses, child abuse, violence, drug offenses, theft, fraud, or any offense involving moral turpitude, and that all information provided regarding qualifications, certifications, and background is true, accurate, and complete. Contractor authorizes School to conduct periodic background checks at any time during the term of this Agreement, and consents to continuous criminal monitoring services. Contractor must self-report any arrest, charge, or conviction within 24 hours of occurrence. Any material misrepresentation, failure to disclose required information, or subsequent disqualifying event shall constitute grounds for immediate termination and may subject Contractor to liability for damages including costs of replacement instructors, student notifications, and reputational harm to School. Upon such termination, Contractor shall be compensated for services properly performed through the date of termination, less any documented damages legally recoverable by School.
● Contractor agrees to provide proof of licensing and renewals to School within five (5) business days of any request, and to provide advance notice of any license expiration at least thirty (30) days prior to expiration. Contractor shall not provide any services under this Agreement if their license, certification, or insurance has lapsed or expired. Contractor acknowledges that providing services without valid credentials may subject them to personal liability and will constitute a material breach of this Agreement.
Scope of Services and Contractor Responsibilities
The Contractor agrees to provide the following services:
● Conduct behind-the-wheel and instruction and road testing professionally and in compliance with all applicable School policies, Texas Department of Licensing and Regulation (TDLR) and Third Party Skill Testing (TPST) program requirements, and all applicable state and federal laws, including but not limited to those governing the instruction and testing of minors and adults.
● Always practice defensive driving to ensure the safety of students, others, as well as school and surrounding properties.
● Review the daily schedule on School portal and make reasonable efforts to conduct lessons as scheduled, notifying School at least one week in advance of any anticipated delays or inability to provide scheduled services, or immediately in case of emergency. Contractor acknowledges that repeated cancellations, delays or failure to provide adequate notice may result in termination of this Agreement and may subject Contractor to liability for any costs incurred by School in arranging substitute instruction. Upon such termination, Contractor shall be compensated for services properly performed through the date of termination, less any documented damages legally recoverable by School.
● Coordinate with School schedules and comply with all applicable safety protocols and TDLR and TPST reporting requirements.
● Maintain appropriate professional conduct with all students, including strict boundaries, and comply with all applicable laws regarding interaction with minors. Contractor shall not engage in any inappropriate physical contact, romantic or sexual conduct, or communication with students. Contractor shall not communicate with students through personal phone numbers, social media, or other channels outside of School-approved methods. Contractor shall not be alone with students in any location other than the vehicle during instruction, and shall maintain professional distance at all times. Contractor shall not give gifts to students or accept gifts from students valued over $25. Contractor shall not connect with, follow, or interact with students or their family members on any personal social media platforms. Contractor shall not meet with students outside of scheduled instruction sessions unless a parent/guardian is present. Contractor must immediately report to School any suspected child abuse, neglect, or exploitation, and must comply with all mandatory reporting obligations under Texas law. Any violation of these provisions shall result in immediate termination and may be reported to appropriate authorities including law enforcement and licensing agencies.
● Report any incidents, accidents, safety concerns, or potential liability issues to School management within twenty-four (24) hours of occurrence or discovery, or immediately in cases involving injury, property damage, or threats to student(s), staff or school safety. Contractor shall provide written incident reports using School's standard forms and shall cooperate fully with any investigation. Contractor shall not make any statements to third parties, including insurance companies, law enforcement, or media, regarding any incident without prior written authorization from School, except as required by law. Failure to timely report incidents may result in Contractor bearing full liability for any resulting damages or claims.
● When using School vehicles, maintain them in a safe, clean, and fully compliant condition, and notify School management immediately of discovering any vehicle-related safety concerns, mechanical issues, or compliance deficiencies. Contractor shall conduct a pre-trip inspection before each use and report any issues discovered. Contractor shall not use School vehicles for any personal purposes or allow any unauthorized persons to operate School vehicles. Contractor shall immediately cease using any vehicle that poses a safety risk and shall not resume use until authorized by School.
● Contractor shall be liable for any damage to School vehicles caused by Contractor's negligence, misuse, or failure to follow proper operating procedures, excluding normal wear and tear. Damage to school vehicle caused by Contractor’s negligence will result in forfeiting any accrued but unpaid compensation.
● Start each driving lesson at the scheduled start time and conduct each lesson for a minimum of fifty-five (55) minutes. Contractor shall complete and document session notes for each student promptly following the conclusion of each lesson. In the event of a substantiated student complaint alleging that a lesson was shortened or commenced late due to Contractor’s actions or omissions, the School may provide the student with a complimentary lesson, the cost of which shall be the responsibility of Contractor.
● Shall not leave any student unattended at any time during a driving lesson or road test.
● Shall not make any personal stops or engage in personal errands while conducting driving instruction.
● Not conduct driving sessions if conditions are unsafe for any reason, whether based on Contractor's professional judgment or at School's direction. Contractor shall notify School as soon as practicable when declining to provide services due to unsafe conditions and shall document the reasons for such decision.
● Strictly comply with all current TDLR and TPST laws and regulations regarding driving instruction and road testing requirements, including but not limited to: keeping all required licenses current, providing instruction for the correct duration, completing required student documentation after each lesson, and following all applicable safety rules.
Use of Electronic Devices During Instruction or Testing
● Contractor shall not use, handle, manipulate, or otherwise engage with any handheld electronic device—including but not limited to cellular telephones, tablets, smartwatches, laptops, or similar communication or media devices—while conducting any driving lesson, in-vehicle instruction, observation, or Third Party Skills Testing (TPST) / DPS-authorized road test.
● The only permitted exception is the use of hands-free communication strictly for emergency purposes or for communication directly related to the safe operation of the lesson or examination. At no time shall Contractor text, browse the internet, access social media, review email, watch or record video, or engage in any non-emergency electronic communication while the vehicle is in operation.
● Contractor is responsible for ensuring full and undivided attention to the student and the roadway at all times. Any violation of this provision shall constitute a material breach of this Agreement and may result in immediate suspension or termination. Contractor shall be compensated for services properly performed through the date of termination, less any documented damages legally recoverable by School, and School reserves all rights to seek damages and injunctive relief.
● Contractor shall be solely responsible and liable for any loss, damage, injury, claim, citation, penalty, regulatory action, or other liability arising out of or related to Contractor’s use or improper use of any electronic device while performing services under this Agreement. Contractor agrees to indemnify and hold harmless the School, its owners, managers, employees, and agents from and against any third-party claims, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or resulting from Contractor’s negligent or intentional breach of this Section.
● In the event of a substantiated student complaint alleging that Contractor engaged with a phone or electronic device during a lesson or examination, other than for a permitted emergency purpose, the School may, in its discretion, provide the student with a complimentary lesson. The cost of such lesson shall be borne by Contractor.
● Contractor compensation is based on booked lessons and the Contractor’s obligation to remain available during assigned time periods. Submission of availability by the Contractor does not obligate the School to schedule lessons during those time periods. Lessons may be scheduled, in whole or in part, during the stated time periods. Contractors are solely responsible for reviewing, confirming, and adhering to their assigned schedules prior to reporting to the driving school.
● Payment will be issued on biweekly basis with payment issued via Zelle every other Friday for services performed during the two-week period ending on the immediately preceding Friday.
● Contractor shall submit all invoices for the pay period no later than three (3) days prior to the applicable payday. If an invoice is not timely submitted, the School’s official scheduling and calendar records shall be used to determine Contractor’s hours and compensation for the applicable pay period.
● Payment is subject to verification of completed services, accurate session documentation, and compliance with School policies.
● Contractor is responsible for reviewing and verifying all payments and to promptly notify management of any discrepancies or inconsistencies.
● No additional benefits, overtime, or reimbursements will be provided unless otherwise stated in writing.
● Contractor road test compensation is based on number of road tests completed during the day.
● Contractor compensation is based on lessons scheduled within Contractor’s approved availability as reflected in the School’s scheduling system. The following provisions govern how compensable time is calculated in circumstances involving un-booked time slots, cancellations, or student no-shows. Examples are provided for illustrative purposes and are intended to clarify the application of the School’s compensation policy. All determinations regarding compensable time shall be made in accordance with this Section and the official scheduling records maintained by the School.
Paid Gap Between Scheduled Lessons
If a Contractor has scheduled lessons immediately before and after an un-booked time slot occurring within the Contractor’s approved availability, such un-booked time slot shall be compensable.
Example:
Availability: 10:00 a.m. – 4:00 p.m.
Scheduled Lessons: 10:00 a.m. – 1:00 p.m. and 2:00 p.m. – 4:00 p.m.
Un-booked Slot: 1:00 p.m. – 2:00 p.m.
Result: Contractor shall be compensated for the 1:00 p.m. – 2:00 p.m. time period.
Un-booked First Lesson(s) of the Day
If the first scheduled lesson(s) of the day is not booked, the Contractor is not required to report to the driving school until the time of the first scheduled lesson and shall not be compensated for any un-booked time preceding such lesson.
Example:
Availability: 10:00 a.m. – 4:00 p.m.
First Scheduled Lesson: 11:00 a.m.
Un-booked Time: 10:00 a.m. – 11:00 a.m.
Result: Contractor shall report at 11:00 a.m. and shall not be compensated for the 10:00 a.m. – 11:00 a.m. period.
Exception: If the first scheduled lesson results in a student no-show and the Contractor has already reported onsite, the Contractor shall be compensated for that lesson.
Un-booked, Cancelled, or No-Show Last Lesson of the Day
If the final scheduled lesson of the day is un-booked, cancelled, or results in a student no-show, the Contractor shall not be compensated for that time period.
Example:
Availability: 10:00 a.m. – 4:00 p.m.
Final Scheduled Lesson Ends: 3:00 p.m.
Un-booked / Cancelled / No-Show Period: 3:00 p.m. – 4:00 p.m.
Result: Contractor may depart at 3:00 p.m. (or at 3:10 p.m. in the event of a no-show) and shall not be compensated for the 3:00 p.m. – 4:00 p.m. period.
No-Show Determination: Contractor must wait a minimum of fifteen (15) minutes before designating a student as a no-show.
Use of School Vehicle and Equipment
● Contractor may be provided access to a School vehicle for use during instruction sessions, subject to availability and School approval.
● Contractor will be responsible for any damage to the vehicle caused by Contractor's negligence, willful misconduct, or violation of applicable traffic laws or School policies. Contractor must immediately report any accidents, damage, or mechanical issues to School and cooperate fully with any investigation. School reserves the right to deduct repair costs and insurance deductibles from amounts owed to Contractor.
● School vehicles and equipment may only be used for providing instruction services under this Agreement and may not be used for personal purposes or any other business activities. Contractor acknowledges that any unauthorized use of School vehicles or equipment constitutes a material breach of this Agreement and will result in immediate termination and liability for any resulting damages, including but not limited to repair costs, insurance deductible increases, loss of use, and liquidated damages of $500 per unauthorized use incident. Upon such termination, Contractor shall be compensated for services properly performed through the date of termination, less any documented damages legally recoverable by School.
Confidentiality and Data Protection
Contractor acknowledges that in performing services under this Agreement, Contractor will have access to confidential and proprietary student information, including but not limited to names, phone numbers, email addresses, physical addresses, dates of birth, driver's license information, payment information, and student performance records ("Confidential Information"). Contractor may use such Confidential Information solely for the purpose of providing instruction services under this Agreement and communicating with students and their parents/guardians as necessary for such services. Contractor acknowledges that all Confidential Information remains the exclusive property of School and that unauthorized disclosure or use of Confidential Information will cause irreparable harm to School for which monetary damages would be inadequate, entitling School to seek injunctive relief in addition to all other available remedies.
● Maintain strict confidentiality regarding all Confidential Information and implement security measures reasonably designed to protect such information from unauthorized access, use, or disclosure, including but not limited to password-protecting electronic devices with passwords of at least 12 characters, enabling full-disk encryption on all devices containing Confidential Information, securing physical documents in locked storage when not in use, and immediately reporting any suspected or actual data breach to School within 24 hours of discovery. Contractor must use only School-approved methods and systems for storing and transmitting Confidential Information.
● Use Confidential Information strictly for the purpose of delivering assigned lessons and related instruction services, and not for any other purpose whatsoever, including but not limited to building personal contact lists, marketing databases, or for use in any current or future business ventures. Contractor must not copy, download, photograph, or otherwise duplicate Confidential Information except as strictly necessary to provide services under this Agreement, and must not store Confidential Information on any personal devices, personal email accounts, or personal cloud storage services.
● Not disclose or share any Confidential Information with any third party without prior written consent from School, and immediately return or destroy (at School's election) all Confidential Information, including all copies and derivatives thereof in any form and all devices or media containing such information, within two (2) business days after termination of this Agreement, except as required by law. Contractor must provide written certification of such destruction or return within three (3) business days of termination, which certification must identify all information returned or destroyed and the method of destruction. School reserves the right to audit Contractor's compliance with this provision.
● Not contact students or their parents/guardians except as necessary for scheduling, coordinating, or providing instruction services under this Agreement.
● Not use this information for any type of personal engagement.
● Not use any Confidential Information to market, promote, solicit, or provide any competing driving instruction services or any other services to any current or former students of School or their family members, either during the term of this Agreement or for a period of one (1) years following termination. Contractor further agrees not to solicit, contact, or accept business from any current or former students of School or their family members for competing driving instruction services during this period, regardless of whether Confidential Information is used and regardless of who initiates contact. This prohibition includes direct contact, indirect contact through intermediaries, online advertising targeted to School's geographic service area, and establishing or maintaining any social media connections with students or their families for business purposes. For purposes of this provision, "family members" includes parents, guardians, siblings, and any other household members, and "competing driving instruction services" includes any driver education, training, or instruction services, whether provided independently, through another driving school, or through any online platform. If a student or family member initiates unsolicited contact with Contractor for driving instruction services, Contractor must immediately notify School in writing and decline to provide such services. Contractor acknowledges that this restriction is reasonable and necessary to protect School's legitimate business interests and confidential student information, and that breach of this provision will cause irreparable harm to School warranting injunctive relief and liquidated damages of $5,000 per violation plus actual damages.
● Consent to being recorded via photo, audio and video while conducting driving lessons and while in or around the driving school locations, and acknowledge that such recordings are the sole property of School and may be used for quality assurance, training, marketing, social media, safety, legal compliance, dispute resolution, and any other lawful business purposes. Contractor waives any right to compensation for such recordings and agrees not to disable, obstruct, or interfere with any recording equipment. Contractor further agrees to inform students and parents that lessons may be recorded.
Misconduct & Grounds for Termination
The following constitute material breaches of this Agreement and will result in immediate termination without notice and without any obligation to provide severance, final payment for incomplete work, reimbursement for expenses, or opportunity to cure. Upon such termination, Contractor shall be compensated for services properly performed through the date of termination, less any documented damages legally recoverable by School, and School reserves all rights to seek damages and injunctive relief:
● Unprofessional behavior or misconduct with students, parents, or other School personnel, including but not limited to inappropriate comments, sexual harassment, aggressive behavior, discrimination, failure to maintain professional boundaries, any conduct that could reasonably be perceived as threatening, intimidating, or creating a hostile environment, any romantic or sexual interest in or relationship with a student, providing alcohol or drugs to students, discussing personal problems or relationships with students, making comments about a student's physical appearance or body, engaging with students on personal social media, texting or calling students from personal phone numbers, meeting students outside of scheduled lessons, giving gifts to students (except School-approved educational materials), accepting gifts from students valued over $25, offering rides to students outside of scheduled instruction, discussing other students or School personnel in a negative manner, failing to report known or suspected violations of this Agreement by other contractors, or retaliating against any person who reports concerns or cooperates with an investigation.
● Harassment, inappropriate communication, or boundary violations.
● Unsafe driving practices or negligence.
● Violation of School policies, state regulations, or confidentiality rules.
● Failure to maintain proper licensing.
● Either party may terminate this Agreement at any time with thirty (30) days' prior written notice. Notwithstanding the foregoing, School may terminate this Agreement immediately without notice for any of the reasons specified in the "Misconduct & Grounds for Termination" section above, or if Contractor breaches any material term of this Agreement. Upon termination, Contractor must immediately return all School property, Confidential Information, and cease all use of School resources.
● Contractor shall obtain and continuously maintain, throughout the term of this Agreement, insurance coverage in at least the minimum amounts required by applicable law.
● The School maintains its own insurance for School-owned vehicles; however, willful misconduct or negligence may hold Instructor financially responsible.
● The School does not assume liability for any misuse of student or parent information by contractors or staff.
● Instructor, Contractor, or Employee agrees to use all information solely for official instructional purposes
Amendments; Electronic Maintenance of Agreement
This Agreement is maintained in electronic form and is posted on the School’s official website at https://myfirstdrive.net/contractor-agreement. Contractor acknowledges responsibility to periodically review the posted Agreement for updates. The School may amend this Agreement from time to time. Material changes WILL not apply retroactively and will be communicated to Contractor via email or written notice and shall become effective on the date specified in the notice. Continued performance of services after the effective date constitutes acceptance of the revised terms.