Launching an online course? Here are the top five Ts and Cs you need to know to protect your business.
We know creating and launching a course is hard work.
Despite the effort of pulling it together; wrestling course material into something usable; maybe building it on a new platform; and marketing it, launching a course can be a great way to share your expertise with people who need it—and generate some additional income while you’re at it.
Is it really worth it, though? What if people don’t pay, or they buy your course and use your hard-won knowledge to create a course of their own?
Well, here’s the good news: They won’t be able to do any of that if you protect what you’ve created with solid, robust Ts and Cs.
In this blog, we’ll break down the most important things to keep in mind when you’re having your Ts and Cs prepared for your new offering—because if there’s a course on the cards for you, you’re probably keen to see it actually pay off!
Here’s how:
Intellectual Property
One of the biggest anxieties I see when it comes to creating and launching a course is: “what if someone uses what I’ve made for their own gain?”
So here’s a quick rundown on the wonderful topic of intellectual property:
What is Intellectual Property?
Intellectual property is the stuff in your mind. If you use your knowledge and experience to develop something new (like a course), that new thing is your intellectual property.
*Note: A lot of other business assets, besides the contents of your course, count as intellectual property. It’s important to be aware of the breadth of your IP.
How do I protect my IP?
With strong Ts and Cs, of course!
It’s best to consult a lawyer, because there may be other actions you need to take in order to enforce whatever is covered in your Ts and Cs.
It’s a case-by-case situation, and the way it’s structured depends on your individual needs, and what aspects of the course material counts as your IP. There’s no cookie-cutter solution!
What you definitely don’t want to do is consult solicitor Google and copy somebody else’s IP Ts and Cs. If they weren’t written for you, and what you’ve created, they’re unlikely to work for you.
Price Point & Payment Plan
It can be tricky to set your price point, but once you do, you’ll definitely want to make sure you get paid.
You may decide to set it as a one-and-done: a one-off payment that grants your participants access to the course material. This could work well if the price point is on the lower side.
If the price point is higher, you want to make the course more accessible, or you’d like the income from the course to be drip-fed, then you may choose to offer a payment plan as an option. If you choose this route, be sure to carefully draft terms around any payment plan obligations, as well as what will happen if someone defaults.
Delivery of Course Materials
Are you going to release everything at once, or drip-feed it over time?
If you give full access right away, and someone is on a payment plan, how will you deal with a situation where a payment defaults?
You’ll be more protected if you drip-feed the content, particularly if you’re offering a payment plan as an option. This way, if someone defaults on a payment, you can restrict their access—but remember, your Ts and Cs need to include expectations and consequences around this.
Refund Policy & Change of Mind Policy
What if someone changes their mind, or wants a refund? What if they’ve already completed part or all of the course?
Before you launch, make sure your refund policy is water-tight. It may be the case that it’s not possible to offer refunds because of the way the course is delivered. This needs to be clearly laid out in your Ts and Cs.
Whatever you decide, make sure you’re protected in the worst case scenario. Your Ts and Cs are there to keep you safe, but you can enforce them at your discretion. If you think someone has a good reason to justify a refund, and it’s not covered in your Ts and Cs, you can choose to waive any penalties on a case-by-case basis.
The point is, having them there keeps you in control.
Sign Up & Invite Process
Finally, think about how you want participants to sign up.
The most common process (at the moment!) is to purchase the course online through your website. If that’s your approach, then you’ll need to set that up, and update your website Ts and Cs to include your new offering. Be sure to set-up your click-wrap Ts and Cs at the point of sign-up.
However, you might take an invite-only approach, where you ask for expressions of interest or conduct discovery calls and then invite participants individually. In this case, you’ll also need a plan for how you’ll issue your course documents (again, are they drip fed, or all at once?), and you’ll also need to ensure that your Ts and Cs are enforceable by making sure the agreement is signed before they get access to the course.
Remember…
Your Ts and Cs protect you as well as the people you do business with. Once you’ve got them, make sure they’re easily accessible to course participants both before they purchase, and along the way. They may like to refer back to them, and in many instances, this helps avoid uncomfortable or sticky situations.
Our article Australian Law 101 is another great resource for small business owners, to help you ensure your small business is legally compliant and protected.
Got questions? Be sure to reach out to us at any time.
