DERBYSHIRE MOTORBIKE SCHOOL

TERMS AND CONDITIONS

SECTION 1 — INTRODUCTION

1.1 These terms and conditions form a contract between Derbyshire Motorbike School, Unit 8, Block 13 Amber Business Centre, Greenhill Lane, Alfreton, DE55 4BR ('DMS') and the person undertaking training ('the Student'), as named in the booking confirmation.

1.2 The following defined terms apply throughout:

1.2.1 'Advanced Riding Activity' — any motorcycle riding activity supervised by DMS that goes beyond standard CBT or Direct Access (DAS) full licence tuition.

1.2.2 'Advanced Rider Course' — any Course in which an Advanced Riding Activity forms part or all of the instruction, including DVSA Enhanced Rider Scheme Courses and any bespoke advanced tuition agreed between the parties.

1.2.3 'Approved Advanced Riding Instructor' — a DMS instructor holding a current qualification recognised by the DVSA, IAM, or RoSPA appropriate to the Advanced Riding Activity being delivered.

1.2.4 'Prerequisite Skill Level' — the minimum riding competence required before a Student may participate in an Advanced Riding Activity, as set out in Section 9.

1.2.5 'PPE' — personal protective equipment meeting the standards specified in Section 10.

1.2.6 – ‘Course(s)’ includes CBT, A1, A2 and full licence (via Direct Access or otherwise) and Advanced Courses/

1.3 DMS may rely on force majeure — being any circumstance beyond its reasonable control, including war, terrorism, natural disaster, civil strife, adverse weather, fire, or DVSA schedule changes — to excuse non-performance of the contract.

1.4 DMS reserves the right to decline any booking at its discretion, including any Advanced Rider Course booking where the Student does not meet the Prerequisite Skill Level or where DMS has safety concerns.

1.5 Training will not commence until DMS receives the Student's signed acceptance of these terms, given in person or by electronic means. .

1.6 Variations to this contract are only valid if made in writing and signed by both parties.

1.7 This contract is governed by English law and subject to the exclusive jurisdiction of the English Courts. If any provision is found invalid or unenforceable, the remaining provisions continue in full force.

SECTION 2 — PAYMENT

2.1 A deposit or Full payment in advance is required to confirm a booking. Unconfirmed dates will be released to other students.

2.2 Payment is accepted in person or by telephone.

2.3 Students on CBT, Direct Access, or Advanced Rider Courses must read the Highway Code in full before their Course commences. See clause 7.9 for full details.

2.4 Inclusions — Direct Access and CBT (DMS motorcycle):

2.4.1 Direct Access: maximum 2:1 student-to-instructor ratio (or such larger ratio as permitted by law in exceptional circumstances).

2.4.2 CBT: maximum 4:1 ratio for classroom and off-road modules; maximum 2:1 for the on-road assessment.

2.4.3 Motorcycle hire is included for Direct Access. For CBT, hire is included only where confirmed at booking.

2.4.4 Where a DMS motorcycle is used: petrol, loan of additional safety kit (if requested) and high-visibility vest, and third-party insurance are included. CBT Certification is included if successfully completed.

2.4.5 DVSA Module 1 and Module 2 test fees are included only in Direct Access intensive packages, which must be completed within 6 months of payment.

2.4.6 All students are responsible for any subsequent CBT, retest fees, and associated training costs.

2.5 Inclusions — CBT, Advanced Rider Courses, and own-motorcycle training:

2.5.1 Advanced training is provided on a 1:1 basis. Course content, duration, Advanced Riding Activities, Prerequisite Skill Level, and any additional PPE requirements will be agreed before payment.

2.5.2 For CBT, inclusions are as stated in clause 2.4.2 and 2.4.4 above. DMS may charge for further training if CBT is not completed in one day.

2.5.3 For Advanced Rider Courses, if a Student fails to meet the Prerequisite Skill Level or cannot progress safely, DMS may suspend or curtail the Course and charge for additional sessions to bring the Student to the required standard.

SECTION 3 — ACCIDENTAL DAMAGE

3.1 The Student must treat all DMS motorcycles and equipment with care throughout their training to ensure that they do not scratch or damage the same. This includes, but is not limited to, following all instructor directions regarding the handling and use of DMS motorcycles, not leaving DMS equipment unattended or unsecured, and reporting any defect, damage, or concern to their instructor immediately upon becoming aware of it.

3.2 Where damage is caused to a DMS motorcycle or any other DMS equipment by a Student, the Student is liable to pay the lesser of:

(a) the full cost of repair or replacement; or

(b) the DMS insurance excess of £1,000,

per incident.

3.3 DMS will notify the Student in writing of any damage liability arising under clause 3.2 as soon as reasonably practicable following the relevant incident, together with an itemised estimate of the repair or replacement cost where available.

3.4 Any sum owing under clause 3.2 must be paid in full before the Student may resume or re-book any further training with DMS. DMS reserves the right to withhold confirmation of any subsequent booking until the outstanding liability has been settled.

SECTION 4 — CANCELLATION OR TRANSFER

4.1 The following terms apply to all cancellations and transfers, regardless of who made payment:

Notice given

Outcome

More than 28 days

Full refund less 25% handling fee

15–28 days

50% refund

Fewer than 15 days

No refund

4.2 Transfers to an alternative date are permitted with more than 15 days' notice, subject to a 25% handling fee and limited to one transfer per booking. No transfer or refund is available with fewer than 15 days' notice.

4.3 If a Student is unable or unwilling to continue during a Course, no refund is given, regardless of reason.

4.4 For Advanced Rider Courses suspended or terminated by DMS on safety grounds, clause 4.3 applies. Where DMS suspends the Course due to circumstances within its own reasonable control and not attributable to the Student, DMS will offer an alternative date at no additional charge.

SECTION 5 — DMS CANCELLATION OR TRANSFER

5.1 Where DMS must postpone a Course, it will rearrange the Course (and any DVSA test date, which are subject to availability) at a mutually agreed time.

SECTION 6 — DVSA MOTORCYCLE TESTS

6.1 DMS will pre-book DVSA test dates for pay as you go and Direct Access Courses where possible. The DVSA may cancel tests due to examiner unavailability, industrial action, or poor weather or for other reasons; DMS has no control over and accepts no responsibility for such cancellations. No refund will be given where cancellation is due to DVSA cancellations.

6.2 DMS will use reasonable endeavours to rearrange training to fit any revised test date. If additional training is required as a result of a DVSA-imposed date change, DMS reserves the right to charge for it.

SECTION 7 — STUDENT CONDUCT, SAFETY AND RESPONSIBILITY

7.1 Motorcycle riding carries a risk of serious personal injury or death. By booking a Course, the Student accepts these risks.

7.2 The Student must at all times follow the directions of their instructor.

7.3 The Student must dress appropriately for motorcycle riding at all times.

7.4 The Student must disclose to DMS, at the time of booking and immediately before training commences, any medical or physical condition that may affect their safety or performance. This obligation is ongoing throughout the Course. DMS may refuse or suspend training at its discretion on the basis of such disclosure.

7.5 The Student must inform their instructor immediately if they feel unwell during training.

7.6 The Student must arrive on time. Lateness results in loss of training time with no refund.

7.7 DMS may halt training at any time if the instructor reasonably believes the Student is incapacitated by drink, drugs, illness, or non-compliance with instructions. No refund will be given.

7.8 The Student must bring a valid UK driving licence to every session. Failure to do so will result in the Course not proceeding and no refund being given.

7.9 Highway Code — Pre-Course Reading Requirement

7.9.1 Before any CBT, Direct Access, or Advanced Rider Course commences, the Student must read the Highway Code in full. This may be satisfied by reading:

(a) the official online version at www.gov.uk/highway-code; and/or

(b) a current printed edition from a DVSA-approved publisher.

DMS recommends completing this at least 7 days before the course date.

7.9.2 The Student must confirm compliance by signing the declaration included in their booking confirmation — either returned to DMS at least 48 hours before the course, or signed in person at the training site immediately before training begins. DMS will retain the signed declaration on file.

7.9.3 Where a Student cannot or will not provide the signed declaration, DMS may postpone the Course (subject to availability of an alternative date). The cancellation terms in Section 4 apply by reference to the original Course date. Where postponement is notified fewer than 15 days before the Course, no refund is due. DMS may additionally charge an administration fee of £25 to cover re-booking costs.

7.10 On Direct Access Courses, the decision to upgrade a Student to a larger bike rests solely with the DMS instructor. No refund is given if the Student is unable to complete their CBT or Direct Access Course.

7.11 Where a Student is using their own motorcycle for CBT one-day or advanced training, they must ensure it is legally roadworthy and provide DMS with proof of insurance and a valid MOT (where required). A Student who arrives on an unroadworthy machine will be unable to continue and will not receive a refund.

7.12 Any fines or penalties incurred by a Student while riding a DMS motorcycle will be charged directly to the Student.

7.13 CBT Certificates are the Student's responsibility to keep safe. Replacement Certificates are available from DMS at a cost of £20 each.

SECTION 8 — INSTRUCTOR QUALIFICATIONS

8.1 All CBT and Direct Access instructors hold a current DVSA-approved qualification for the relevant Course type.

8.2 All Approved Advanced Riding Instructors hold at least one of the following:

(a) DVSA Enhanced Rider Scheme (ERS) Local Delivery Partner qualification;

(b) RoSPA Tutor qualification;

(c) RoSPA Gold-standard advanced riding qualification; or

(d) an equivalent qualification approved by DMS in writing.

8.3 Where an Advanced Riding Activity involves specialist skills the instructor will additionally hold a qualification recognised by the relevant governing body.

SECTION 9 — ADVANCED RIDING: SKILL PREREQUISITES AND ASSESSMENT

9.1 Students must satisfy DMS of their competence at the applicable level before the relevant Advanced Riding Activity commences:

9.2 DMS may assess a Student's riding at any point before or during an Advanced Rider Course. If the Student does not meet the applicable skill level, DMS may substitute training at an appropriate level or decline to permit the Student to continue. No refund will be given.

SECTION 10 — ADVANCED RIDING: EQUIPMENT STANDARDS, DRIVING LICENCE AND INSURANCE

10.1 The Student must have a full UK compliant driving licence and appropriate insurance for their motorcycle. No refund will be given if the Student does not have these.

10.2 The Student must wear appropriate PPE for all Advanced Riding Activities. DMS may, but is not obliged to, lend suitable PPE where available.

10.3 DMS will inspect it the Student’s motorcycle and decline to permit its use if, in the Approved Advanced Riding Instructor's reasonable opinion, it is unsuitable or unsafe for the planned activity.

10.4 A Student who arrives without the required PPE will not be permitted to commence the activity. The cancellation and refund terms in Section 4 apply in such circumstances.

SECTION 11 — ADVANCED RIDING: SAFETY PROTOCOLS AND INSTRUCTOR SUPERVISION

11.1 The following protocols apply to all Advanced Riding Activities in addition to the general obligations in Section 7.

11.2 All Advanced Riding Activities must be conducted under the direct supervision of an Approved Advanced Riding Instructor. The Student must not ride unsupervised, attempt any manoeuvre not authorised by the instructor, or ride outside agreed boundaries.

11.3 The Approved Advanced Riding Instructor will conduct a mandatory pre-session safety briefing before each session, which the Student must pay full attention to.

11.4 The Approved Advanced Riding Instructor may halt or terminate an Advanced Riding Activity at any time where, in their reasonable professional judgement:

(a) the Student is riding unsafely or placing themselves or others at risk; (b) conditions (weather, ground, or environment) have become unsafe; (c) the Student has sustained or is at risk of sustaining injury; (d) the Student fails or refuses to follow the instructor's directions; or (e) any other safety concern makes continued participation inadvisable.

Where the activity is halted for reasons in (a), (d), or (e), no refund is due.

11.5 In any accident or medical emergency, the Student must immediately follow the procedures communicated at the pre-session briefing. The Approved Advanced Riding Instructor has absolute authority to direct all participants in an emergency.

SECTION 12 — ADVANCED RIDING: PARTICIPANT OBLIGATIONS AND RISK ACKNOWLEDGEMENT

12.1 By participating in an Advanced Riding Activity, the Student acknowledges and agrees that:

(a) Advanced Riding Activities carry a risk of serious personal injury or death and the Student voluntarily accepts those risks; (b) all information disclosed to DMS regarding experience, skill, medical condition, and any motorcycle to be used is accurate and complete; (c) the Student will ride within their ability at all times and will not seek to exceed limits set by the Approved Advanced Riding Instructor; (d) the Student will immediately notify the instructor if any element of the Course feels beyond their current capability; (e) DMS's decisions on suitability, progression, and activity suspension are final and made in the interests of safety; and (f) DMS, its instructors, employees, and agents are not liable for injury, loss, or damage arising from participation in an Advanced Riding Activity, except where caused by DMS's own negligence or wilful misconduct.

SECTION 14 — DMS RESPONSIBILITIES

14.1 DMS will deliver training in accordance with the applicable DVSA-approved standards — the DVSA DAS/CBT framework for standard Courses, the DVSA Enhanced Rider Scheme for advanced training, and (for activities outside that framework) the standards specified in the agreed training programme.

14.2 DMS will ensure all Advanced Rider Courses are delivered by an Approved Advanced Riding Instructor with a current, valid qualification appropriate to the activity.

14.3 Where a DMS motorcycle is provided, DMS will ensure it is roadworthy, legally compliant.

14.4 DMS does not guarantee that any Student will reach the standard required for a CBT Certificate, pass any DVSA test, or achieve any specific outcome on an Advanced Rider Course. The cost of additional training and any DVSA retest fees are the Student's responsibility. The number of additional sessions required is assessed case-by-case by a DMS senior instructor and arranged by mutual agreement.

SECTION 15 — LIABILITY

15.1 DMS and its instructors are not liable for any loss, damage, personal injury, or death resulting from an accident during training, unless caused by DMS's negligence. The Student must accept that an accident may occur despite all reasonable precautions.

SECTION 16 — COMPLAINTS

16.1 Any complaint about a training course should be raised with the DMS Senior Instructor as promptly as practicable so that remedial action can be taken. Complaints about Advanced Rider Courses may also be submitted in writing to DMS at the address in clause 1.1.

These Terms and Conditions were last revised on 13/10/2026.

Derbyshire Motorbike School — Unit 8, Block 13 Amber Business Centre, Greenhill Lane, Alfreton, DE55 4BR.