Hayley Alderton:
Welcome, everyone, to our webinar on key contracts every education and training business needs, and how to get them right.
My name is Hayley Alderton. I’m a Practice Leader at LegalVision, and my co-host here today is Jordan Bramis, Senior Lawyer. Let’s get started. Over to you, Jordan, for some housekeeping.
Jordan Bramis:
Thanks, Hayley. Before we begin, just a couple of housekeeping items to keep in mind. We’ll send these slides to you after the session, so don’t feel like you need to rush through and take notes. There will be a Q&A section at the end, where you can submit your questions. If you have some time, it would also be great if you could complete the survey, which will pop up at the end of the webinar.
By viewing this webinar, you’re also eligible to receive a complimentary consultation with LegalVision to discuss how we can help your business. To claim the complimentary consultation, you can leave your contact details in the survey that appears when the webinar ends, or get in touch with us via our website.
Hayley Alderton:
Today, we’ll be discussing key contracts in the education sector and why getting these contracts right is so important to your business and your role. We’ll cover what the law requires you to do in relation to these contracts, the consequences of not getting it right, and how you can reduce your risk. We’ll then finish up with some key takeaways.
Well-drafted contracts are essential infrastructure for education and training businesses. They provide certainty, manage your risk, and help ensure your business operates smoothly as it grows.
Starting or running an education business? Download this free guide to learn key legal essentials, from compliance and IP protection to employment and data privacy.
Terms and Conditions for Students and Clients
Hayley Alderton:
One of the most important contracts for education and training businesses is your terms and conditions. These govern the relationship between you and your students or clients and set expectations around how your services are delivered.
Your terms and conditions should clearly cover matters such as payment, refunds, cancellations, course delivery, and limitations of liability. If these terms are unclear or outdated, this can lead to disputes and increased legal risk, particularly where consumer laws apply.
It’s important that your terms reflect how your business actually operates in practice. If your business model changes, your contracts should be reviewed and updated accordingly.
Consumer Law and Unfair Contract Terms
Jordan Bramis:
Education and training businesses often use standard form contracts, which means unfair contract term laws may apply. Clauses that are overly one-sided, unclear, or go beyond what is reasonably necessary to protect your interests can be challenged.
Examples include broad rights to terminate without cause, excessive cancellation fees, or limitations of liability that don’t align with consumer guarantees. Reviewing these clauses regularly can help reduce the risk of disputes or regulatory scrutiny.
Continue reading this article below the form
Protecting Intellectual Property
Hayley Alderton:
Intellectual property is a key asset for education and training providers. This includes course materials, training manuals, videos, and other educational content.
Your contracts should clearly set out who owns this intellectual property and how it can be used. Where contractors or trainers are creating content for your business, your agreements should ensure that intellectual property is either assigned to your business or appropriately licensed.
Without clear intellectual property provisions, you may lose control over valuable content or face disputes about ownership.
Contractor and Trainer Agreements
Jordan Bramis:
Many education businesses rely on contractors, facilitators, or trainers to deliver services. It’s important to have written contractor agreements in place that clearly define the scope of services, payment terms, confidentiality obligations, and intellectual property arrangements.
Even where contractors are engaged on a casual or informal basis, the business may still be exposed to legal risk if expectations and responsibilities aren’t clearly documented.
Online Course Delivery Considerations
Hayley Alderton:
Where education services are delivered online, your contracts should reflect how courses are accessed and delivered. This includes access periods, technical limitations, and acceptable use of your content.
If you use third-party platforms or learning management systems, your terms should align with how those platforms operate to avoid inconsistencies or misunderstandings.
Reducing Disputes Through Clear Contracts
Jordan Bramis:
Many disputes arise not because of bad conduct, but because expectations weren’t clearly documented from the outset. Well-drafted contracts help prevent misunderstandings and provide a clear framework for resolving issues if they arise.
Including dispute resolution clauses and clear communication processes can help resolve issues early and reduce the risk of costly legal action.
Key Takeaways
Hayley Alderton:
Contracts shouldn’t be treated as static documents. Education and training businesses should regularly review their agreements to ensure they reflect current laws, business practices, and delivery models.
Getting your contracts right early can save time, cost, and stress later, and allow you to focus on delivering quality education and training.
Questions and Next Steps
Jordan Bramis:
We’re nearly out of time, but if you have any further questions, please submit them via the survey that appears at the end of the webinar. You’ll also have the opportunity to request a complimentary consultation with our team.
Hayley Alderton:
Thanks again for joining us today. We hope you found the session helpful, and we look forward to working with you.
We appreciate your feedback – your submission has been successfully received.
