11 Required Clauses for Your Online Course Terms and Conditions (From a Lawyer)

If you’re selling an online course, even if it’s just your first launch, you need a solid course agreement in place. And by “solid,” I mean clear, legally enforceable, and written with the real risks of digital education in mind.

As a lawyer for course creators and other online business owners, I’ve seen too many course creators skip this part, or worse, cobble together their online course terms and conditions from random snippets found online. That’s a recipe for refunds you didn’t expect, content theft you can’t stop, or chargebacks you don’t win.

The good news? With the right course contract, you can prevent most of those headaches upfront. Here are the 11 essential clauses every course creator should include in their online course terms and conditions, plus how to use them effectively.

Legal Disclaimer: This post is for educational purposes only and does not constitute legal advice. Read full disclaimers.

1. Payment Terms (Because “Pay Later” Shouldn’t Be an Option)

Your course agreement should explain exactly how and when students are expected to pay. Whether it’s a one-time payment, a monthly plan, or a limited-time discount. Spell. It. Out. And if you offer payment plans, make it clear: this isn’t a subscription they can cancel; it’s a full commitment to the total price.

Why it matters: When payment terms aren’t clear, students may assume they can pause or stop payments at will. This leads to confusion, disputes, and sometimes full-on chargebacks.

2. Refund Policy (The #1 Clause That Prevents Chargebacks)

Are you offering refunds? If yes, under what conditions and for how long? Do they need to show proof of participation or demonstrate effort? If you don’t offer refunds at all, make that unmistakably clear at checkout.

Why it matters: Payment processors typically side with buyers unless your terms are spelled out and easily accessible. This clause isn’t just about customer service; it’s your defense strategy.

3. Intellectual Property Rights (Protect That Course You Spent Months Creating)

This clause makes it clear that all course materials, like videos, workbooks, downloads, templates, belong to you. Students are being granted access through a limited license, not ownership, and they’re not allowed to reproduce, share, or sell your work.

Why it matters: Without this language, you may have no recourse if someone takes your materials and posts them on their own site, or worse, sells them as their own course.

4. Access and Duration (Set Expectations Early)

Will students have lifetime access to the content? Does “lifetime” mean for the life of the course or the life of your business? Will access end after six months or a year? Will the Facebook group archive after the program ends?

Why it matters: If your course contract doesn’t define access, students may assume they’re entitled to everything, forever. This clause gives you the flexibility to update, retire, or limit content down the road.

5. Technology Disclaimers (For When Zoom or Kajabi Goes Down)

Your course probably relies on a third party platform which you don’t control. This clause explains that you’re not responsible for tech hiccups, outages, or individual access issues like outdated browsers or forgotten logins.

Why it matters: When tech fails, frustrated students may come knocking for refunds. This clause helps draw the line between what you’re responsible for and what you’re not.

6. Student Conduct and Community Guidelines

If your course includes a group space or live interaction (Zoom calls, Slack, Facebook groups), outline behavior expectations. Prohibit things like hate speech, harassment, self-promotion, or disrupting calls. Reserve the right to remove anyone who crosses the line.

Why it matters: This clause gives you the authority to protect your community without hesitation—and without worrying about legal backlash.

7. Disclaimers (Especially If You Teach Business, Wellness, or Personal Growth)

This is your “I am not your doctor/lawyer/therapist/accountant” clause. Disclaimers limit your liability by stating that the course is for educational purposes and not professional advice, even if you’re qualified in that field.

Why it matters: Disclaimers help prevent legal claims when someone takes your advice too literally or expects more than you promised.

8. Results Not Guaranteed (Because They’re Not)

You can provide amazing content, expert insights, and a proven framework, but students still have to do the work. Use this clause to state that you don’t promise any specific results, income levels, or personal outcomes.

Why it matters: This helps protect you if a student says “this course didn’t work for me” and tries to demand a refund or accuse you of false advertising.

9. Termination Clause (The “Kick You Out” Button)

This clause gives you the right to remove a student from the course or community if they violate your terms. You can also state whether they’ll be refunded (most creators choose not to) and what steps will lead to termination.

Why it matters: Without this clause, removing a disruptive or disrespectful student can get legally murky. This makes your authority, and boundaries, clear from day one.

10. Governing Law and Jurisdiction (So You Know Where You’d Go to Court, If It Ever Came to That)

Include a clause that names the state or country whose laws will govern your course agreement and where any legal disputes would be handled. Usually, this is your place of business.

Why it matters: If a student in another state (or country) takes legal action, this clause can keep you from being dragged into their home court, or at least clarify the playing field.

11. Digital Acceptance (Make It Enforceable)

Online contracts can be legally binding, but only if students clearly agree to them at checkout. That means:

• Linking to your online course terms and conditions on the checkout page, and
• Including a checkbox or statement like “By purchasing, you agree to the Terms and Conditions.”

Why it matters: If your terms are buried in a website footer or never shown at checkout, they may not be enforceable. Courts favor what’s called a “clickwrap agreement”, where the user actively clicks to accept.

Read More About Online Courses

Refund Policies for Online Courses: What You Can (and Can’t) Legally Say

How to Make Sure Your Students Actually Agree to Your Course Terms

Do I Really Need Terms and Conditions for My Online Course? (Yes, Here’s Why)

Guide To Online Course Agreement Legal Requirements

How To Write A Refund Policy For Your Online Course