Coaching and online courses: FernUSG, terms and conditions, revocation and refunds

The Fernusg and its consequences

The Distance Learning Protection Act requires a permit from the state central office for distance learning for distance learning courses. Distance learning is available if knowledge is imparted for a fee, teachers and learners are mainly spatially separated and the learning success is monitored. The Federal Court of Justice ruled in 2025 that the law can also apply to contracts with entrepreneurs and that even small forms of learning control can suffice.

For providers, this means: Without admission, the contract can be void and amounts already paid must be repaid. For participants, this opens up the opportunity to claim money back. We check programs, design them legally and represent providers and participants.

Typical situations in which we help

• They sell online coaching with videos and feedback.
• A participant asks for your money back and relies on the FernUSG.
• They bought an expensive course and are dissatisfied.
• You want to allow your course.
• You need terms and conditions and a legally secure checkout.

Legal basis at a glance

When does the Fernusg apply?

Knowledge transfer, spatial separation and monitoring of learning success are decisive. Even the opportunity to ask questions and get feedback can be a learning control.

Consequences of a lack of approval

The contract is void. Participants can generally reclaim amounts paid, providers have limited counterclaims at best.

Design options

Programs can be designed so that they do not fall under the law or they are admitted. Pure self-learning courses without learning control are also possible.

Consumer law

Information obligations and the right of withdrawal apply to consumers. In the case of digital content, it can expire prematurely under conditions.

That’s how we go

1. 1

   Initial assessment

   You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.

2. 2

   Secure evidence and deadlines

   We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.

3. 3

   Set strategy

   Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.

4. 4

   Implement and enforce

   We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.

Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.

Common mistakes to avoid

• Sell coaching with learning control without admission.
• The FernUSG is only relevant for consumers.
• Do not use any terms and conditions and cancellation policy.
• Ignore reclaims.