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An Online Course Agreement is a document posted online whereby the course provider, the entity providing the course for sale and access, makes clear all of the terms and conditions that apply to the course. A Course Agreement is not a negotiated document - in other words, the parties don't sit and come together to discuss the terms of the document. Rather, it is simply drafted by the course provider and posted online, for the participants of the course to read and agree to, with no negotiation.
In a Course Agreement, all of the details of the actual course are covered as well as additional contractual terms to govern the parties' relationship. There are only two parties in a Course Agreement, the course provider and the participant. The agreement will detail everything related to the course, such as the course name, the course start and end dates (if applicable), the course web address, the course cost, etc. This is important so that the participant can ensure everything is accurate before signing up.
Course Agreements should also include standard contractual provisions: things like a limitation on liability and intellectual property protection for the course provider, as well as an acceptable use provision and payment terms for the participant.
How to use this document
This document should be used by a course provider, looking for a well-drafted agreement to sell a course online. It's not a great idea for the participant in a course to fill out this form, as the course provider should be the one that has full control over the terms with no negotiation by the participant.
The input for this document is quick and easy: first, general course details are asked about, and then additional questions regarding the parties' relationship to round out the agreement. The document contains all the terms required to protect the course provider and properly govern the agreement between the course provider and any participant in the course.
When this document is filled out, it should be posted online on the URL where the course will be provided.
Although there is not one set of laws or regulations outlining what must be contained in a Course Agreement, these documents will be covered both by state law, for general contract principles, as well as, most likely, federal law overseen by the Federal Trade Commission governing online disclosures, disclaimers, and advertising.
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