Coaching
is no
Distance Learning.
Coaching
is no
Distance Learning.
of
LG Darmstadt: Coaching provider can demand the agreed remuneration and does not have to refund payments received.
Coaching participant refuses payment
In September 2022, a marketing agency from Stuttgart represented by our law firm concluded a twelve-month coaching contract with a self-employed entrepreneur. The agreed package combined regular live calls with experts, digital learning materials and accompanying agency services. The agreed total price was to be paid in monthly installments. The customer only paid part of the agreed remuneration and then refused to make any further payments, arguing that the contract was void from the outset due to a breach of the German Distance Selling Act (FernUSG). In response to the marketing agency’s action for payment, the customer counterclaimed for the installments already paid.
No distance learning within the meaning of the FernUSG
The Darmstadt Regional Court ordered the customer to pay and dismissed the counterclaim for repayment in full (Judgment of 02.12.2025, Ref. 6 O 140/25 ).
The contractually owed service of the provider is decisive, not the scope of the services actually used by the customer.
The court carefully examined the requirements of the FernUSG and, with knowledge of the relevant Federal Court of Justice case law, came to the conclusion that two essential elements were missing: neither was there a predominantly physically separate provision of services, nor was monitoring of the learning success contractually owed.
In the opinion of the court, the focus of the coaching contract was clearly the synchronous live calls – not the digital learning materials. The court agreed with the widely held legal opinion that the distinction should not be made in the literal sense of the word, but rather according to whether a direct exchange takes place or whether self-study predominates.
Conclusion
Not every coaching contract automatically falls under the Distance Learning Protection Act – the specific contract design is always decisive. Anyone who focuses their coaching offer on synchronous, interactive formats such as live calls and does not provide for systematic learning success monitoring is outside the scope of the Distance Learning Protection Act. It is therefore highly recommended that coaching providers have their contract structure legally reviewed – in order to minimize both payment defaults and legal risks.
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