How to include a 14-day cooling-off period notice

What you need to do

For any tutoring agreement made online, over the phone, or at a client’s home, you must inform your client of their legal right to a 14-day cooling-off period. This is a requirement under the Consumer Contracts Regulations 2013. Including this notice in your contract isn't just good practice; it's the law, and it protects both you and your client.

Why is a cooling-off period required?

The cooling-off period gives customers the right to cancel a service they signed up for "at a distance" (i.e., not on your business premises) for any reason within 14 days. It allows them time to reflect on their decision without pressure. By providing this information clearly, you demonstrate that you are a transparent and professional business that respects consumer rights.

How to add the notice to your contract

Adding the clause is straightforward. Create a dedicated section in your terms and conditions with a clear heading. Here’s what it needs to cover:

1. A Clear Heading: Title the section something obvious, like "Your Right to Cancel" or "Cooling-Off Period".
2. State the Duration: Clearly mention that the client has 14 days from the date the contract is agreed to cancel.
3. Explain the Process: Tell them how to cancel. This is usually done by providing a clear statement via email. You don't have to provide a specific form, but you must accept a cancellation notice in writing.

Example Clause:

"You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire 14 days from the day the contract is agreed. To exercise the right to cancel, you must inform us of your decision by a clear statement (e.g., a letter sent by post or an e-mail)."

Handling requests to start tutoring immediately

Often, a client will want to start tutoring straight away, well within the 14-day period. This is perfectly fine, but you need to protect yourself. If you deliver lessons and the client then cancels, you risk not being paid for the work you've done. To prevent this, you must get an 'express request' from the client to begin the service early.

You should add a 'waiver' clause to your contract. This states that if the client asks you to start within the 14 days, they acknowledge that they will have to pay for any sessions delivered up to the point they choose to cancel.

Example Waiver Clause:

"If you wish for tutoring services to begin during the 14-day cancellation period, you must make an express request to us in writing (e.g., by email). If you subsequently decide to cancel, you will be required to pay for the services provided until the time of cancellation."

What happens if you get it wrong?

Failing to inform a client of their cooling-off rights has significant consequences. The cancellation period can be automatically extended by up to a year, and you may not be legally able to charge the client for any services you have already delivered, even if they cancel months later.