Dissatisfied with online coaching? Information from a lawyer

The online coaching business has been booming in recent years. Many providers of online coaching have very useful and effective courses. However, there are certainly also some black sheep who want to maximise their own sales first and foremost. Here you will find another article by lawyer Dimitrov on the possible courses of action in online coaching cases - https://www.anwalt.de/rechtstipps/online-coaching-geld-zurueck-nach-entscheidung-des-olg-celle-informationen-vom-anwalt-213156.html

Dissatisfied online coaching clients are best advised to contact a specialised Lawyer contact a lawyer with experience in online coaching cases who can examine the legal options in your case. Attorney Dimitrov offers a free initial assessment in online coaching cases.

Online coaching - money back?

In many cases from recent years, there are various possible courses of action - according to the Distance Learning Protection Actcancellation, Cancellationrescission, avoidance, etc.

Dissatisfied with online coaching? Provider without authorisation?

Before concluding an online coaching contract, you should take a close look at its content and, of course, the legal notice, the terms of contract and, in particular, the so-called "small print". Quality control is carried out by the State Central Office for Distance Learning. The Distance Learning Protection Act contains special legal regulations to protect the customers of distance learning providers. § 1 FernUSG determines what is meant by the term distance learning:

"(1) Distance learning within the meaning of this Act is the teaching of knowledge and skills for a fee on a contractual basis in which

1.the teacher and the learner are exclusively or predominantly physically separated and

2.the teacher or his/her authorised representative monitors the learning success.

(2) This Act shall also apply to unpaid distance learning insofar as this is expressly provided for."

For providers without an authorisation § 7 FernUSGthat the contracts are null and void:

"(1) A distance learning contract concluded by an organiser without the required approval of the distance learning course in accordance with Section 12 (1) shall be null and void.

(2) If admission has lapsed, been revoked or withdrawn after conclusion of the contract, the participant may terminate the distance learning contract without observing a period of notice. The cancellation must be made within two weeks. The period of notice shall not commence until the organiser has provided the participant with information in text form about the participant's right to terminate the contract without notice and about the expiry, revocation or withdrawal of admission. Timely dispatch of the notice of cancellation shall be sufficient to comply with the deadline. If it is disputed whether or at what point in time the instructions were handed over to the participant, the burden of proof lies with the organiser. The organiser must hand over the instructions to the participant immediately after the expiry, revocation or withdrawal of the admission.

(3) In the event of cancellation in accordance with paragraph 2, § 5 (2) and (3) and § 6 shall apply accordingly."

§ 3 FernUSG regulates the requirements regarding the form and content of the distance learning contract:
"(1) The participant's declaration of intent to conclude the contract must be in text form.
(2) In the case of a distance learning contract which is neither an off-premises contract pursuant to Section 312b of the German Civil Code nor a distance selling contract pursuant to Section 312c of the German Civil Code, the information requirements of Section 312d (1) of the German Civil Code in conjunction with Article 246a of the Introductory Act to the German Civil Code shall apply accordingly.
(3) In the case of a distance learning contract, the essential characteristics about which the trader must inform the consumer in accordance with Article 246a § 1 paragraph 1 sentence 1 number 1 of the Introductory Act to the Civil Code generally include in particular
1.
the type and validity of the course qualification,
2.
Location, duration and frequency of the accompanying lessons,
3.
Information on the agreed time intervals for the delivery of distance learning material,
4.
if the distance learning contract includes preparation for a public law or other external examination, also the information on admission requirements."

The extent to which the coaching providers can demand compensation in return must be examined on a case-by-case basis.

The providers manage to win new customers with convincing sales strategies and a few sales tricks. Some customers even report that they did not even realise how the contract had suddenly been concluded. The question then arises as to whether or how the Cancelling a coaching contract or can also cancel or contest it. This should be checked by a lawyer in each individual case.

There are now many online coaching providers who agree a waiver of cancellation in their contracts. However, such a waiver of cancellation is not always legally permissible.

Coaching contract - waiver of cancellation permissible?

It often happens that providers of online coaching try to restrict the cancellation options. Some providers package the coaching sessions under the term "digital product". This designation has legal relevance. It is necessary to check in each individual case whether the respective design is permissible. In particular § 356 BGB Please note. In many cases, the waiver of cancellation is inadmissible.

Coaching cancellation - precise examination required in individual cases

It is not possible to say in general terms when the Cancellation of the coaching contract is legally permissible. Rather, a legal review of the specific case is generally appropriate.

You can undoubtedly learn a lot with good online coaching. Nevertheless, there are also providers who want to develop their sales figures and turnover first and foremost and therefore may try to circumvent the statutory cancellation rules by agreeing cancellation waivers.

By now, almost every YouTube and Instagram user is familiar with coaching providers who are remembered above all for their expensive cars, luxury watches and unrealistic promises.

If you regret concluding a coaching contract, it is best to contact a competent lawyer as soon as possible who can examine the contract and the legal options. The requirements for cancellation and termination are regulated in detail in the law. The aim of the right of cancellation is to protect consumers. In many cases, a waiver of cancellation is ineffective for online coaching. This must be carefully checked in each individual case.

The coaching providers on the market are basically an enrichment, as nowadays you have to stay up to date in more and more areas and should be able to acquire current knowledge quickly and flexibly. Nevertheless, it must be ensured that consumer protection rules, including cancellation rights, are observed.

Contract processing for online coaching via CopeCart and Digistore24?

Online coaching providers often use the help of companies such as CopeCart and Digistore24. These companies take on a large part of the work required by online coaches and sell the products in their own name. CopeAccording to Cart, it is "a German payment provider that went online in 2018 and aims to become the best payment provider in German-speaking countries."

According to Digistore24, it is "an online sales platform that offers you an integrated online shop, the most important payment methods, accounting simplification including tax automation and an affiliate network."

If you have any questions about the cancellation and revocation options for online coaching, it is best to contact a competent lawyer as soon as possible. We offer a free initial consultation on the topic of cancellation of online coaching.

Online coaching - customer-friendly judgements

Below are some customer-friendly judgements in online coaching cases from 2023. If you have any questions, Attorney Dimitrov is available for a non-binding initial consultation.

Online Coaching - judgement OLG Celle

In his Judgement from 01.03.2023 the OLG Celle has addressed some very important issues for many participants in online coaching. The Distance Learning Protection Act (RemoteUSG), in the opinion of the OLG Celle applies to both consumers and entrepreneurs.

Although the Distance Learning Protection Act has existed for years, many online coaches and their clients are probably completely unaware of it. According to the motto "A look at the law makes it easier to find the right one" it would make sense first of all to take a look at the scope and the most important provisions of this law. § Section 1 (1) FernUSG reads:

Distance learning within the meaning of this Act is the teaching of knowledge and skills for a fee on a contractual basis in which

1.the teacher and the learner are exclusively or predominantly physically separated and2.the teacher or his/her authorised representative monitors the learning success.

This results in several important requirements that must be carefully examined in each individual case.

Another important regulation is § 12 FernUSGparagraph 1 of which states the following:

(1) Distance learning courses require authorisation. The same shall apply to significant changes to authorised distance learning courses. No authorisation shall be required for distance learning courses which, in terms of content and objective, are intended exclusively for leisure or entertainment purposes. The competent authority shall be notified of the distribution of distance learning programmes pursuant to sentence 3.

As most online coaching providers do not yet have a licence, the question arises as to the legal consequences of this. For example § 7 FernUSG whose paragraph 1 states the following:

(1) A distance learning contract concluded by an organiser without the approval of the distance learning course required under § 12 (1) shall be null and void.

This is a very serious legal consequence, which for many online coaching participants can mean the possibility of repayment of the purchase price. This must of course be examined in each individual case.

Even if the provisions of the FernUSG and the decision of the OLG Celle appear at first glance to provide strong protection for online coaching customers, they do not mean that all contracts are void without exception. This requires a closer examination in each individual case.

Some lawyers and judges are of the opinion that the FernUSG only applies in favour of consumers. In our opinion, the FernUSG also applies to entrepreneurs. In the meantime, several regional courts have endorsed this view. A decision by the BGH is not yet available.

Online Coaching - Judgement of Stuttgart Regional Court - Information from a lawyer

Another customer-friendly decision was made by the Stuttgart Regional Court in October 2023. The online magazine Spiegel has in its Article of 13 October 2023 reported in detail on how a Swabian small business owner won his case against the European sales trainer Dirk Kreuter at the Stuttgart Regional Court.

In the opinion of the 30th Civil Chamber of the Regional Court of Stuttgart, the method of customer acquisition was immoral and carried out with a reprehensible attitude. Accordingly, the customer did not have to pay the price of EUR 60,000.00 for Dirk Kreuter's exclusive mentoring programme. Further details can be found in this Article to find.

Lawyer Dimitrov is available to answer questions about online coaching.

Online coaching - judgement of Hamburg Regional Court

Another customer-friendly Judgement The Hamburg Regional Court ruled on 19 July 2023, case reference: 304 O 277/22. The Hamburg Regional Court ruled that the plaintiff had no claim against the defendant under the "coaching" contract, as this contract was void pursuant to Section 7(1) in conjunction with Section 12(1) sentence 1 FernUSG. § 12 para. 1 sentence 1 FernUSG is null and void. The plaintiff's offer is a distance learning contract for which the plaintiff does not have the required authorisation pursuant to Section 7 (1) FernUSG.

Online coaching - judgement of Hanover Regional Court

The Hanover Regional Court also ruled in favour of an online coaching customer on 20.02.2023. The court considers the contract in dispute to be void due to a breach of the written form requirement under Section 3 (1) FernUSG in the version valid until 31 December 2020 in accordance with Sections 125 and 126 BGB. On the one hand, the scope of application of the FernUSG was opened in accordance with Section 1 FernUSG.

Furthermore, the court states that monitoring of learning success in accordance with Section 1 (1) No. 2 FernUSG is already given if, quote: "the learner is entitled under the contract to receive individual monitoring of learning success by the lecturer or their authorised representative, e.g. in an accompanying teaching event, by asking the respective lecturer oral questions on the material learnt, in order to bring about a personal learning check as to whether what has been learnt so far has been correctly understood and whether the learner has been able to understand it correctly.
"sits" (BGH, judgement of 15 October 2009 - III ZR 310/08, BeckRS 2009, 86781, beck-online, para. 16 et seq.)."

Online coaching and CopeCart

Automation and simplification of business operationsCopeCart helps to automate the dispatch of invoices for products and takes care of the payment of invoices. They also increase sales through promotional checkouts and act as resellers.
Digital processes and simple set-upThe platform enables quick and easy set-up for selling products without the need for technical knowledge. It simplifies digital processes and automates the calculation of key performance indicators to keep an eye on business growth.
Sales-optimised checkouts and increased turnoverCopeCart offers sales-optimised checkouts that offer fast loading times, high conversion rates and an improved user experience. In addition, the platform supports the increase in sales through the integration of upsells and order bumps.
Receivables management and debt collection dashboardThe platform sends friendly payment reminders and dunning letters to non-paying customers and hands the case over to a debt collection partner if necessary. This helps to avoid bottlenecks and ensure a secure cash flow.
One-Click-ShopCopeCart makes it possible to create a fully functional online shop with just one click, making it easy to increase sales and save costs for shop software and plugins.
Automated provisioning and increase in completion rateThe platform ensures that payments are received on time and increases the closing rate of sales staff through instant close. In addition, it enables the individualised provisioning of sales staff after receipt of payment.
Encrypted payment processing and seller protectionCopeCart offers secure and encrypted payment processing and protection for both sellers and buyers. The platform also supports 3D-Secure supported credit card processing.
Support for various payment methods and software integrationsCopeCart enables the sale of services or products by supporting all major payment methods and offers the possibility to easily connect more than 100 tools to create efficient processes.
Free onboarding call and adviceCopeCart offers free onboarding calls in which experts from the support team provide assistance with registration and setup. This is particularly helpful for ambitious experts such as consultants, coaches, trainers, speakers and agency owners.

Overall, CopeCart offers online coaching providers a comprehensive range of services, from the automation of payment processing to support in setting up an online shop. These services are designed to minimise administrative work and increase sales at the same time.

Some of the best-known coaching providers and their courses are listed below. The list is not exhaustive and is not a judgement on the reliability of the providers and the courses offered. The information regarding the individual providers is taken from various online sources and is not exhaustive.

- Erdem Nazli - 90 days challenge

- Darek Shabany - RIGHT ONLINE SELLING; Affiliate Masterclass

- Bodo Schäfer-

Bodo Schäfer offers a variety of coaching programmes and resources that focus primarily on financial success and personal development. His main offerings include:

Money CoachingBodo Schäfer Academy offers seminars and coaching programmes on financial success and freedom. These programmes cover topics such as the breakthrough to financial success, steps to a successful business, pull marketing and positioning as well as plans to achieve your first millionaire's fortune.
Diverse and individualised coachingThe Academy emphasises that its coaching services are diverse and individually tailored to the needs of the participants. They have already coached hundreds of thousands of people in their seminars and in person, many of whom are now financially free.
True prosperity" coachingBodo Schäfer has combined all his knowledge and experience in his coaching programme "True Wealth", which aims to lead participants to financial freedom. This programme is based on the principles of his bestselling books.
Cost structure of the programmesThe costs for Schäfer's programmes vary. There are video courses that cost several hundred euros per course, for example €647 for the "True Prosperity" programme. He also offers personal coaching programmes, which cost considerably more, such as €100,000 for three days of personal coaching with Bodo Schäfer.

Overall, Bodo Schäfer's coaching programmes are geared towards imparting knowledge and skills that are important for financial success and personal development. They are designed for a broad target group, from individuals seeking financial freedom to companies looking to improve their business processes and strategies.

- MarketConsultive GmbH - Apo Svalley - E-Commerce Gold Code

- Paul Funk ( Grandmaster Paul) - Grandmaster of manifestation; Master of manifestation; Expert of manifestation; Professional of manifestation; Beginner of manifestation; Contract via Copecart;

– Baulig Consulting GmbH - Andreas Baulig's company offers various coaching sessions for entrepreneurs

– Bosbach Consulting - Various real estate coaching sessions

– Dirk Kreuter - Author and provider of various online coaching and mentoring programmes

- IcosMedia - https://www.icosmedia.de , various business coachings

- Marko Slusarek - Life Changer World 2.0; 5 Star Gold Online Business Training

- Andreas Matuska - Build Your Startup Mentoring 2.0

- Jacquelyn Sharon Tamblyn -

Jacquelyn Sharon Tamblyn offers a range of specialised coaching and training programmes, focusing primarily on business coaching, money coaching and support for online self-employment. Her main offerings include:

Coaching for women on online self-employmentAs a business coach and founder of the ALL IN ACADEMY, she specialises in supporting women on their path to successful online self-employment. Her expertise includes areas such as success psychology, money mindset and business development.
Business and Money CoachingIn her role as a business and money coach, Tamblyn focuses on supporting entrepreneurs in areas such as business transformation and identity work, with a particular focus on developing a positive money mindset.
High Ticket Coach ProgrammeTamblyn also offers a programme called "The High Ticket Coach". This programme is designed to help coaches and service providers successfully sell their high ticket coaching and attract premium clients. It is described as a revolutionary Money and Business Teaching aimed at enabling participants to achieve what they really want.

To summarise, Tamblyn's coaching services are aimed at women who want to pursue a career in online self-employment, as well as entrepreneurs who want to improve their business and money mindset, with a particular focus on high ticket coaching and sales strategies.

- Nico Dieckhoff -

Niko Dieckhoff offers specialised coaching in dropshipping and e-commerce. His main services include:

Individual coaching for various target groupsDieckhoff helps employees, freelancers, students and trainees to set up their own online shop without considerable start-up capital. He focuses on promoting initial sales success through product placements with micro-influencers instead of costly advertising.
Dropshipping Elite CoachingThis programme is based on Dieckhoff's extensive knowledge and best practices gained throughout his career. It is designed to overcome the challenges of entering the dropshipping business.
Support for beginners and advanced usersDieckhoff offers course services that are suitable for clients who have already set up a shop and need further support, as well as for beginners with no experience. These services are designed to support both the development and improvement of an online shop.
Free initial consultation for strategy developmentInterested parties can register for a free initial consultation to determine the right strategy for them to build a five-figure side income online in just 8 to 12 weeks.

Dieckhoff's coaching sessions are characterised by a practical approach and individual support. His focus is on helping his clients to become successful in e-commerce, particularly in dropshipping.

- Mitch Rau -

Mitch Rau offers various coaching services that focus primarily on sales techniques and relationship building. His main offerings include:

3S Closer CoachingIn this programme, participants learn how to build a side income without an existing product and without previous experience. This is done by applying Rau's SLP strategy, which provides clear guidance from learning how to sell to choosing the right product and generating leads.
3S MasterclassRau is known for his expertise in sales and offers a masterclass in which he teaches his sales techniques. These techniques have helped him to build and scale several companies.
Masterclass 2023This class is designed to take sales skills to the next level. Participants will receive a workbook and learn techniques to become successful salespeople.
3S-Closer coaching with video lessons and live callsThis offer includes over 200 video lessons with lifetime access and six months access to weekly live calls (twice a week) and weekly mindset calls. It focuses on empowering participants in sales and helping them to close their first deals with the right co-operation partner.

These programmes reflect Rau's focus on sales skills and strategies and are designed to provide participants with practical skills and knowledge to succeed in their respective business areas.

-Christian Tucholski -

Christian Tucholski offers various coaching sessions in the field of online marketing, which are particularly suitable for beginners, but can also be relevant for people with previous experience. His offers include:

Building a serious and stable income with digital services: Tucholski teaches a case study on the steps to generate a stable income online. He shares secrets and strategies on how to go from 0 to seven-figure sales with digital products and services, as well as methods for generating four- to five-figure sales through optimised templates.
Personal support and mentoringHis coaching sessions offer personalised support, including weekly Zoom calls and a Discord server for 24/7 sharing. Tucholski and his team are focused on helping participants realise their full potential and helping them achieve their goals.
Practice-orientated coaching for beginners and advanced usersTucholski emphasises that his coaching is based on practical experience. He imparts knowledge that he himself has acquired through his many years of work in affiliate marketing and B2B online marketing and offers practical coaching that is also suitable for beginners.
Coaching for building a digital online businessTucholski's coaching is designed to help participants create and market digital information products. He teaches how to build an online digital business from the ground up and supports participants in creating and marketing digital products in their area of expertise.
Successes of its graduatesGraduates of his coaching programme report various successes, such as setting up a digital course for smoking cessation, selling knowledge as a confectioner in the form of digital products and setting up a flexible part-time job in affiliate marketing with resellers Licences.

These coaching sessions are designed to provide participants with comprehensive knowledge in the field of online marketing and to support them in developing and scaling their online business.

- Kiwus Consulting GmbH -

Kiwus Consulting GmbH, under the direction of Dieter Kiwus, offers a range of coaching and training programmes. These programmes are designed especially for managers, sales staff, coaches and companies. The main areas of the coaching and training programmes include

Training and coaching for managers and sales staffDieter Kiwus has been successfully organising training and coaching in these areas since 1995. His expertise extends to topics such as sales and mental competence.
Referral marketingDieter Kiwus has over 25 years of experience in the financial services industry and offers training courses in the field of referral marketing. His methods and approaches have been specially developed and optimised for this sector.
Practical application for financial service providersKiwus Consulting's coaching sessions are particularly valuable for financial service providers, regardless of whether it is about practice or team building. The methods and techniques offered can provide significant added value.
Comprehensive servicesIn addition to training and coaching, Kiwus Consulting also offers consulting, lectures, seminars and services in the areas of leadership, sales and online marketing for companies and the self-employed. However, these services exclude legal and tax advice.
Kiwus method for referral marketingThis method is a specially developed form of referral marketing that has been optimised for the smartphone age and is aimed at helping companies in the financial services industry to acquire more new customers.To summarise, Kiwus Consulting GmbH offers a wide range of coaching and training courses that are particularly tailored to the financial services industry and focus on referral marketing, sales, leadership and online marketing.

Online coaching - best-known providers in Germany

Some of the best-known online coaches in Germany are

Laura SeilerShe specialises in mindfulness, relationship coaching, life coaching, meditation, personal growth, spirituality, trauma and anxiety management. Seiler reaches a wide audience through her successful podcast "Happy, holy & confident" and is also known as a bestselling author.
Robert BetzAs a life coach and business coach, he specialises in change management. He has made it his mission to support people and companies in their transformation, away from competitive thinking and fear towards more positive paradigms.
Dr Petra BockShe is an expert in business and life coaching, particularly in change management and personal growth. Bock advises people and companies on their transformation towards greater effectiveness and clarity.
Dieter LangeHe offers coaching in the areas of business, communication and rhetoric, leadership, life coaching, personal growth and sales psychology. His coaching is characterised by diverse and surprising insights, which he has gained through exchanges with different cultures.
Tobias BeckTobias Beck is a coach for life coaching, motivation and personal growth. He specialises in supporting people who want to realise their dreams.
Stefan Frädrich: Known from the YouTube channel GEDANKENtanken (now Greator), he is a coach for business coaching, leadership, life coaching, personal growth and sales psychology.
Sophia Thiel: She is one of the most successful fitness coaches in the German-speaking world and inspires millions of people to get fit on her social media channels.
Denys ScharnweberAs a coach for life coaching and business coaching, he specialises in personal development, management training and sales.
Veit LindauHe offers coaching in the areas of mindfulness, relationship coaching, life coaching, meditation, motivation, personal growth and spirituality.
Patric HeizmannAs one of the best-known fitness and nutrition experts in the German-speaking world, he offers coaching for nutrition, life coaching, sport and fitness.

These coaches offer a wide range of specialisms and approaches to support their clients on their path to personal and professional development.