The contract with a student is one of the most important documents in a language school. That’s why it’s crucial to prepare it correctly and in accordance with current legal regulations. So, how do you go about it, what should you keep in mind, and what can you do to avoid mistakes?
Today, you’ll learn how a properly prepared contract with a student in a language school should look! Kinga Konopelko, a legal advisor and owner of Edulegal, whose mission is to assist individuals and companies in the educational sector in operating consciously, safely, and legally, will present this topic in an understandable way.
What will you find in this article?
- How to start cooperation with a student?
- Who should you sign a contract with?
- Is a verbal agreement with a student possible?
- What are the legal ways to conclude contracts with students?
- What can a contract look like?
- What should be included in a contract with a student?
- Does the contract solve all problems?
- Why should you implement contracts in your educational business?
- Can you create a contract on your own?
- How to sign contracts online in LangLion?
- Summary – contract with a student in a language school
How to start cooperation with a student?
Such cooperation should begin with a good contract. It’s important that it is tailored to the specifics of your business. If traditional paper contracts are exhausting for you, there are alternative, more modern methods that are equally legal and effective. These online contracts are becoming increasingly popular and are worth considering.
Who should you sign a contract with?
When entering into a contract, especially if you are working with children, it is crucial that the party to the contract is an adult with full legal capacity. A child cannot independently be a party to a contract, although formally, there is a possibility for them to sign, but this must be done with the consent of a parent or legal guardian.
It’s definitely better for a parent or another adult, such as a grandparent, to be responsible for all financial matters, such as payments or contract termination. When contracts are made with companies for employees, the company should be the party to the contract to ensure consistency between the invoice and the contract party.
Is a verbal agreement with a student possible?
A verbal contract with a student who is a consumer is possible, but only if it is made in person. However, in practice, this is very risky. In long-term cooperation, such as courses where various issues related to classes, payments, or cancellations arise, a verbal contract does not provide certainty.
Clients may forget agreements, and in the event of a dispute, it’s difficult to prove what was actually agreed upon. For your own safety, it’s always better to have a written contract that details the terms of cooperation and minimizes the risk of misunderstandings.
What are the legal ways to conclude contracts with students?
Legal ways to conclude a contract with a student include:
Written contract with an original signature – the client signs the contract in person, which is the most traditional form. This includes the exchange of documents in person, where each party signs a paper version of the contract.
Document form is a more flexible option that complies with legal regulations. It includes documents that allow for the identification of the parties, such as:
- Email with contract acceptance – the client agrees to the terms via email.
- Scan of the signed contract – although it is not a written form, it still meets the requirements of a document form when the client sends back a signed scan of the contract.
- Digital signature through contract management platforms – in such systems, the client approves the contract by clicking the appropriate button, which is a form of electronic acceptance and is fully legal. The document form carries low risk, for instance, in the case of providing false information, but in practice, this is rare in long-term relationships, such as participation in courses.
What can a contract look like?
If you do not want to sign a traditional contract, you can base the cooperation on terms and conditions, which, combined with an offer or a short contract, serve the formal function of a contract. This form is fully compliant with the law because a contract is essentially a set of agreements between the parties and not necessarily a document with a signature at the bottom.
Terms and conditions + short contract
You can create a short document containing key information, such as client data, payment terms, and the type of course. To this, you attach the terms and conditions, which describe the rules of cooperation, including issues related to cancellations, payments, or other technical details. The terms and conditions can be applied to both individual and group classes.
Email + terms and conditions
In the case of shorter, one-time collaborations (e.g., Tutoring, exam preparation), instead of a contract, you can send the client an offer with terms and conditions for acceptance via email. Acceptance of terms through email or by clicking a link from a contract management system (like LangLion) is also binding.
When using language school management systems like LangLion, the client receives an email with a link to accept the agreement and terms online. Such acceptance is legally binding and fully legitimate, allowing for flexibility and a faster contract conclusion process.
Terms for „checkbox” acceptance
If you have a website with the option to purchase classes, the client can book and pay for classes online. This form of purchase often uses a checkbox for acceptance of terms and sales conditions, which is a commonly used method in e-commerce.
When using management systems like LangLion, the client receives an email with a link to accept the agreement and terms online. Such acceptance is legally binding and fully legitimate, allowing for flexibility and a faster contract conclusion process. This combination of terms with individual arrangements provides flexibility while ensuring formal protection for both parties.
What should be included in a contract with a student?
It is worth incorporating provisions into the contract that ensure clarity, legal security, and minimize the risk of misunderstandings or claims from students.
Here are the key elements that should be included in a contract with a student:
Payment terms: it should be clearly specified how and when the student is to make payments (e.g., in advance, in installments, after the completion of classes). You may require advance payment, which is fully legal, and also specify what happens in the event of payment delays.
Cancellation and termination terms: it must be clearly indicated how the student can terminate the contract, for example, with a one-month notice period. It is also important to describe the refund policy if a student decides to withdraw from the classes earlier than stipulated in the contract. For individual classes, it’s worth including the cancellation policy for students, such as a 24-hour cancellation notice, so they do not incur a charge for missed classes.
Cancellation policy by the school: it’s advisable to define what happens if the school has to cancel classes – whether students receive a refund or if the classes are rescheduled for another time. For group classes, it’s also important to consider what will happen if the number of participants falls below a certain minimum.
Conditions for accepting the terms and conditions: the student must clearly accept the terms of cooperation, for instance, by clicking an appropriate button or checking a checkbox when ordering the course online. It is crucial for the client to have access to the accepted version of the terms and conditions, which they can review at any time, such as in a PDF format sent via email.
Right to withdraw from the contract: if the student is a consumer, you must inform them of their right to withdraw from the contract within 14 days of its conclusion if it concerns services purchased remotely, such as online. Failure to inform about this right may allow the student to withdraw from the contract even up to 12 months from its conclusion.
Course material access policies: it is worth specifying how the student will have access to the materials (e.g., online, through a platform) and for how long.
Force majeure clause: useful to protect against unforeseen events that could prevent the execution of the course (e.g., natural disasters, pandemics).
Does the contract solve all problems?
A contract does not solve all problems, but it certainly helps in many aspects, such as establishing the terms of cooperation, regulating payments, and organizing classes. It clearly defines the obligations of both parties, which increases the effectiveness in enforcing the contract, especially in the context of payments.
However, a contract is not a guarantee of eliminating all problems, such as non-payment when the client lacks financial resources, even if you have the right to go to court.
👉 Learn more about what to do if a student won’t pay!
Key advantages of a contract
Increasing payment discipline – the client is more motivated to adhere to the conditions, knowing that the contract formalizes obligations.
Facilitating organization – the contract reduces documentation chaos and provides structure, which helps in situations such as class cancellations or group regulation.
Legal protection – the absence of regulations on contract termination can give the client the right to immediate withdrawal. Introducing a notice period protects against sudden contract termination.
Despite having a contract, there may still be situations where enforcing it does not yield immediate results, but its absence increases the risk of problems, especially with payments.
Why should you implement contracts in your educational business?
Implementing contracts in your educational business brings a range of benefits that allow for more efficient and secure management of operations. Having a well-constructed contract provides assurance that most key aspects of the partnership, such as payments, deadlines, or class cancellations, are clearly defined.
This minimizes the risk of misunderstandings and issues with students. A contract formalizes cooperation, providing better legal protection in case of disputes. The client is more committed to adhering to the terms, knowing that a document governs their obligations. Having contracts with students demonstrates professionalism and organization. Clients appreciate clear terms of cooperation, which builds trust in your brand.
A contract helps in enforcing payments because a client, knowing their obligations and signing a contract, is less likely to delay or avoid payments. While a contract may not solve all problems, it certainly minimizes risks and provides better tools for managing cooperation with students.
Can you create a contract on your own?
Creating a contract with students on your own, especially with consumers, is complicated and risky due to numerous regulations that must be followed, such as rules regarding prohibited clauses and consumer rights.
Here are the key reasons why creating such contracts on your own can be problematic.
Prohibited clauses
In contracts with consumers, such as students, there are many regulations regarding prohibited clauses that may be challenged by various government institutions responsible for competition and consumer protection, depending on the country. These clauses concern, for example, overly one-sided conditions that unduly burden the client or limit their rights, such as the right to withdraw from the contract.
Lack of appropriate information
Failing to include mandatory information, such as the right to withdraw from the contract within 14 days, can lead to serious consequences, including extending this period up to 12 months. A client who has not been informed of their right has significantly greater entitlements, and the school may face financial consequences.
Complexity of legal regulations
Regulations concerning consumer protection, such as the right to withdraw from a contract, personal data protection (GDPR), and rules on prohibited clauses, are complex and frequently change. Understanding all these regulations on your own and appropriately implementing them in a contract can be difficult and time-consuming.
Therefore, in the case of contracts with students, especially consumers, it is advisable to consult with a lawyer or a consumer law specialist to ensure that the contract complies with the law and does not contain prohibited clauses.
How to sign contracts online in LangLion?
To sign contracts online in LangLion, you can follow these steps.
Creating a contract
In LangLion, you have the ability to create any number of contracts tailored to different target groups (e.g., children, adults, companies). Contracts can include variables such as the student’s name, contract number, parent’s details, payment information, etc., which the system automatically fills in for each student.
Sending the contract to the student
After preparing the contract, you can assign it to a specific group of students. The system generates contracts for each student in this group. You send a notification to the student’s or parent’s email (if the student is a minor) with information about the prepared contract and an attached PDF file.
Acceptance of the contract by the student
The student (or parent) receives an email with a link to the system where they can read and accept the contract. After clicking „Sign,” the acceptance is recorded in the system. It is important for the system to allow automatic assignment of the contract to the parent’s account in the case of underage students.
Tracking signed contracts
After signing the contract, both the student and the administrator receive an email notification with a confirmation. The contract in PDF format is attached to the email, allowing the student access to the document at any time. LangLion provides the ability to check who signed the contract, when, and from which device, giving you full control over the process of signing and archiving documents.
Data processing consents
LangLion allows for the collection of consents for personal data processing. You can create any consents that the student or parent must accept during the first login. Consents can be mandatory or voluntary, and the student has the option to revoke them at any time.
These features enable efficient and secure management of contracts and consents within the LangLion system, making it easier to run educational activities.
You can use a specially prepared guide showing how to easily and quickly create student contracts in LangLion. Click the link to learn more!
Summary – contract with a student in a language school
A contract with a student in a language school is a key document regulating the terms of cooperation between the school and the student. It outlines the rights and responsibilities of both parties, payment terms, course duration, cancellation policies, and withdrawal conditions.
A well-structured contract helps to avoid misunderstandings and protects the interests of both the school and the student. It’s important that it is clear, detailed, and compliant with applicable legal regulations, thus building mutual trust and facilitating long-term cooperation.