Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
If you host paid webinars, training sessions or in-person workshops, the fine print matters more than most founders expect. Problems usually start when a business copies generic terms, leaves cancellation rules vague, or promises outcomes it cannot control. Then a customer asks for a refund after missing the session, a presenter wants to reuse the recording, or attendee data gets shared through a booking platform without a clear privacy position.
Good webinar and workshop terms do more than tidy up admin. They set the commercial ground rules before you sign with a venue, before you onboard a guest speaker, and before customers book and pay. They help you explain what is included, when fees are refundable, who owns the materials, what happens if a session is postponed, and how your business limits risk if technology or attendance issues arise.
This guide answers the practical legal questions New Zealand businesses should sort out when preparing webinar and workshop terms, whether you run one-off events, recurring online classes, hybrid training or paid educational content for clients.
Overview
Webinar and workshop terms are the contract between your business and the attendee, and sometimes part of a wider set of agreements with presenters, venues and platform providers. The right terms should match how you actually deliver the session, how you take payment, and what you tell customers in your marketing.
- Define the event format, date, access method and what attendees receive.
- Set clear payment, refund, transfer and cancellation rules.
- Deal with postponements, minimum attendance numbers and unexpected disruptions.
- Explain recording, intellectual property and permitted use of materials.
- Address privacy and how attendee information is collected, stored and shared.
- Make sure promotional claims line up with the Fair Trading Act and your actual service delivery.
- Include sensible liability limits that fit New Zealand law and the type of attendees you serve.
What Webinar and Workshop Terms Means For New Zealand Businesses
Webinar and workshop terms set expectations early, reduce disputes and give your business a clearer position if something goes wrong. Before you sign a venue agreement or open registrations, your attendee terms should reflect the real customer journey from booking through to follow-up materials.
What these terms usually cover
For most New Zealand businesses, webinar and workshop terms are customer-facing contract terms that apply when someone books a place at your event. They may sit in a booking flow, registration form, proposal, invoice pack or event confirmation process.
The exact wording will vary, but the core issues usually include:
- what the event is, including date, duration, location or online platform
- whether the session is live, recorded, in person or hybrid
- what is included in the fee, such as workbooks, replays, templates or Q and A access
- how and when payment is due
- whether bookings can be transferred, cancelled or refunded
- what happens if your business reschedules, changes speakers or changes the format
- who owns the course content, slides, recordings and supporting materials
- rules around attendee conduct and removal from a session
- privacy wording or a privacy notice for registration data, chat comments, recordings and mailing lists
- limits on your liability where the law allows
Why tailored terms matter
A generic template often misses the points that actually trigger disputes. A workshop with limited seats, printed materials and catering has different risks from an online webinar sold at scale. A free educational session used to generate leads raises different privacy and marketing issues from a premium mastermind with application screening.
This is where founders often get caught. The business assumes the booking confirmation is enough, but the customer assumes they can cancel at any time, share the replay with colleagues, or demand a full refund because the content did not produce a commercial result.
How New Zealand law shapes your terms
Your contract wording matters, but it does not operate in a vacuum. New Zealand businesses also need to think about consumer protection, marketing accuracy and privacy obligations.
If attendees are consumers, the Consumer Guarantees Act may apply to services supplied in trade. You cannot simply write away all responsibility with broad disclaimers if the service is not delivered with reasonable care and skill or is materially different from what was promised.
The Fair Trading Act also matters. Claims about outcomes, accreditation, limited availability, expert credentials, bonuses or replay access need to be accurate. If your ad says attendees will receive live coaching, templates and a recording, your terms should not quietly say those extras are optional or unavailable.
The Privacy Act can also come into play where you collect names, email addresses, payment details, dietary requirements, job titles, chat logs or recordings. If you record the session, use attendee questions in marketing, or share registrant lists with sponsors or co-hosts, your privacy position should be clear before people register.
Different agreements may sit around the attendee terms
Attendee terms are only one part of the legal picture. Depending on your event model, you may also need separate agreements before you sign with third parties.
- A presenter or facilitator agreement for guest experts, trainers or moderators.
- A venue agreement covering access, insurance obligations, cancellation charges and health and safety responsibilities.
- A platform or software contract if you rely on webinar hosting tools, ticketing systems or learning management software.
- A sponsorship agreement if another brand is funding or promoting the event.
- A contractor agreement if a producer, videographer or event manager is helping deliver the session.
Your webinar and workshop terms should align with those documents. For example, if your venue contract allows the venue to cancel with limited notice, your attendee terms should already explain what happens if the event cannot proceed as planned.
Legal Issues To Check Before You Sign
The main legal issues are scope, payment, cancellations, intellectual property, privacy and risk allocation. Before you sign a contract with a speaker, venue or platform provider, make sure your customer terms and supplier agreements tell the same story.
1. Scope of the service
Spell out exactly what the attendee is buying. Vague descriptions create refund arguments later.
Your terms should clearly identify:
- the date and time, including time zone for online events
- the delivery format, such as live webinar, in-person workshop or hybrid
- the access method, such as login details, ticket, password or venue check-in
- what supporting materials are included
- whether recordings or replays will be available, and for how long
- whether the session is educational only and not tailored professional advice
If the session includes legal, financial, wellbeing, technology or business strategy content, be careful about how you describe outcomes. You can explain the purpose of the training without promising a specific revenue result, accreditation outcome or business transformation unless you can stand behind that claim.
2. Payment terms
Payment wording should make the commercial position obvious before the attendee checks out. This sounds basic, but it prevents a lot of friction.
Include points such as:
- the price and whether it is per person, per team or per licence
- deposit requirements, instalments or full prepayment
- when payment becomes non-refundable, if applicable
- what happens if an invoice is unpaid by the due date
- whether a booking is confirmed only after payment clears
- any extra charges for printed materials, shipping, venue upgrades or catering
If you offer early bird pricing, team discounts or bundle deals, the terms should explain when those offers end and whether they can be combined.
3. Cancellations, transfers and refunds
This is usually the highest-risk area. A refund clause should be specific, easy to find and consistent with your marketing and checkout flow.
Think about separate scenarios:
- the attendee cancels well before the event
- the attendee cancels shortly before the event
- the attendee does not attend
- the attendee wants to transfer the booking to another person
- your business postpones the event
- your business cancels the event entirely
- the format changes from in-person to online, or the reverse
If you need flexibility because of minimum attendance numbers or speaker availability, say so clearly. If refunds are not available in some cases, that needs to be obvious before purchase, and the clause still needs to operate fairly in context.
4. Intellectual property and recording rights
Your content usually has value beyond the live session, so ownership and usage rights need to be stated plainly. Before you spend money on filming or design, check who owns the slides, workbook, brand assets and recording.
Many businesses include terms saying attendees receive a limited licence to use the materials for their own internal learning only. That can help prevent sharing, uploading, reselling or repackaging your content.
If the session is recorded, your terms should also address:
- whether the presenter consents to recording
- whether attendees may be visible or audible
- how the recording may be used after the event
- whether attendees can make their own recordings
- whether screenshots, chat comments or testimonials may be reused in marketing
If you use guest speakers, do not assume your business automatically owns everything they present. A separate speaker agreement is often needed to deal with ownership, permissions and reuse rights.
5. Privacy and data handling
If you collect attendee information, your legal documents should match your actual data practices. This matters even more when registration happens through third-party platforms.
Key privacy points often include:
- what personal information you collect at registration
- why you collect it and how it will be used
- whether details are shared with co-hosts, speakers, venues or sponsors
- how recordings, chat messages and attendee participation are handled
- whether registrants are added to marketing lists and how they can opt out
- where service providers store or process information
If children or young people may attend, or if sensitive information is collected, your privacy notice may need extra care.
6. Liability, disclaimers and conduct rules
You can manage risk through clear terms, but overreaching clauses often fail to solve the real problem. The better approach is to identify the risks your event model actually creates and address them directly.
Depending on the event, your terms may cover:
- technology failures outside your reasonable control
- changes to speakers, venue or timing
- attendee responsibility for internet access, devices or travel
- health and safety instructions for in-person events
- acceptable conduct, harassment and grounds for removal
- limits on indirect or consequential loss where appropriate
If your attendees are consumers, any limitation clauses need careful drafting. Broad statements that try to exclude every remedy can create more risk, not less.
7. Supplier contracts behind the scenes
Your customer terms cannot fix a bad supplier contract. Before you sign, check whether your venue, booking platform or subcontractor terms expose you to costs you have not passed through.
For example, a venue may charge a cancellation fee even if you refund attendees. A platform may limit liability if the stream fails. A guest speaker may restrict recording use, which affects your promise to give customers replay access. These documents should be reviewed together, not in isolation.
Common Mistakes With Webinar and Workshop Terms
The most common mistake is treating event terms like a formality instead of part of the product design. Founders often write the sales page first, then add basic terms later, and the mismatch creates legal and customer service issues.
Using vague refund wording
Phrases like “refunds considered case by case” or “no refunds under any circumstances” are where disputes start. Customers want certainty, and your team needs a rule they can apply consistently.
A better approach is to set out the actual timetable and exceptions. If transfers are allowed up to a certain date, say that. If replays are offered instead of refunds in some cases, explain when that applies.
Promising more than the terms deliver
Marketing copy often gets ahead of operations. A page says “lifetime access” when the platform licence only lasts 12 months, or “small group coaching” when the event is a large webinar with moderated chat.
Under New Zealand consumer law, the main risk is not just a disappointed customer. The bigger issue is that your contract and your advertising point in different directions. Your terms should support your marketing, not quietly contradict it.
Ignoring the difference between online and in-person risk
A workshop at a venue has practical issues that a webinar does not, including room changes, accessibility, catering, photography, behaviour standards and venue cancellation costs. An online event has different pressure points, such as platform failure, login sharing, replay rights and recording consent.
If you offer hybrid sessions, your terms should deal with each attendance type separately where needed.
Not securing presenter rights
Businesses often assume a speaker fee gives them ownership of the presentation and a free hand to reuse the recording. That is not always true.
If you want to edit, sell, repurpose or include the recording in a course library, deal with that in the speaker agreement before you sign. Attendee terms alone will not solve the issue.
Collecting data without enough privacy detail
Registration forms can gather more information than founders realise. Dietary requirements, accessibility needs, job titles, organisation names, profile photos, chat comments and survey responses can all raise privacy questions depending on how you use them.
If you plan to share attendee details with a sponsor, co-host or partner, disclose that clearly. If the event is recorded, give notice before people participate, not after.
Forgetting internal consistency
Your booking page, invoice terms, confirmation email, event policy and presenter agreements should line up. Internal inconsistencies are common when the business grows quickly or uses several software tools.
For example, one document may allow substitutions while another bans them. One may say the event starts at 9 am New Zealand time while another sends an international time reference. Small conflicts can create larger disputes when a customer challenges a charge.
Leaving business-to-business events undocumented
Some founders assume formal terms only matter for consumer events. That is risky. If you deliver private training to another company, you still need clear contract wording around deliverables, travel, postponements, recording, confidentiality and payment.
Business customers may negotiate more heavily, especially where training is customised or tied to procurement rules. Before you sign, make sure your proposal and your contract say the same thing.
FAQs
Do I need terms and conditions for a free webinar?
Usually yes, especially if you collect registration details, record the session, or plan to send follow-up marketing. Even for free events, clear terms help with conduct rules, recording consent, intellectual property and privacy disclosures.
Can I say there are no refunds for workshop bookings?
You can set refund rules, but the wording should be fair, clear and consistent with New Zealand consumer law and your actual service delivery. A blanket no-refund clause may not protect you if the service is not provided as promised or the event is materially changed.
Who owns the webinar recording, my business or the presenter?
That depends on what your agreement with the presenter says. If a guest speaker is involved, ownership and reuse rights should be covered in a separate written agreement before the event takes place.
Do I need to tell attendees if the session will be recorded?
Yes, that is the safer approach. Attendees should know if they may appear in audio, video, screenshots or chat extracts, and how those materials may be used after the event.
What if I need to postpone or change the format of a workshop?
Your terms should reserve a reasonable right to make changes and explain the attendee options if that happens. Set out whether bookings move automatically, whether transfers are allowed, and when a refund will be offered.
Key Takeaways
- Webinar and workshop terms should clearly define the event, payment structure, access rights and included materials.
- Refunds, cancellations, postponements and booking transfers need specific wording, not broad assumptions.
- New Zealand businesses should make sure their terms align with the Consumer Guarantees Act, the Fair Trading Act and the Privacy Act where relevant.
- Recording rights and intellectual property ownership should be addressed for both attendees and guest presenters.
- Your attendee terms should match your marketing, checkout flow, venue arrangements and supplier contracts.
- Clear, tailored terms reduce disputes and help your business respond consistently when plans change.
If you want help with refund clauses, presenter agreements, privacy wording, intellectual property rights, you can reach us on 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.





