The Real Risk Isn’t the Student — It’s the Instructor Agreement
Why every online platform should rethink its instructor contracts before it’s too late

Introduction

Here’s something I’ve seen too often: an edtech startup launches a platform to connect students with top-tier instructors. Everything seems smooth—until one instructor demands ownership of the content, revenue shares, or sues the company for misusing their likeness.

The founders are shocked. They thought the risk was student complaints, platform bugs, or slow growth.

But the real risk? It was in the instructor agreement they didn’t take seriously.

In this article, I’ll explain why your platform’s biggest legal exposure might come from the very people helping you grow—your instructors—and how to fix it before it costs you your business.

What Most People Get Wrong

Founders often focus on data privacy or refund policies as their top legal concerns. They underestimate the role of the instructor agreement in solid B2B contract management and maintaining education platform compliance.

Instructors are not just freelancers; they are creators and partners whose rights must be explicitly managed. If your instructor agreement doesn’t address ownership, usage rights, and brand representation clearly, your B2B contract management system is incomplete, risking breaches of education platform compliance and opening doors to lawsuits, revenue disputes, or content misuse.

Ignoring this aspect is a mistake that can jeopardize your entire platform’s reputation and growth.

My Perspective: Why Instructor Agreements Are More Critical Than Ever

The explosion of online learning has made instructor agreements legally strategic—not just administrative.

Whether you’re building:

• A course-based platform like Udemy

• A live tutoring platform like Preply

• A SaaS tool that hosts expert videos

…instructors aren’t just service providers. They’re often:

• Content creators

• Public figures with reputations

• Business owners with competing interests

If you don’t define the rules of engagement early, here’s what could go wrong:

• The instructor claims you don’t have the right to keep selling the course after they leave

• They resell the same course elsewhere, diluting your brand

• They use your platform to poach students and migrate them off-platform

• They allege employee misclassification and demand benefits or retroactive payments

And worst of all: they were right, because your agreement was silent or ambiguous.

That’s why I believe every edtech platform should treat the instructor contract as a core strategic asset—something that enables growth while reducing risk, not just a formality to check off.

A Real Example: When the Course Became the Battlefield

One client I advised (anonymized for privacy) built a premium language learning platform. Their instructors recorded highly structured courses using the platform’s brand and were paid per enrollment.

All went well for two years.

Then, one of their top instructors resigned—and reuploaded the same course to another platform, this time under their own name. Worse, they claimed the client had no right to keep selling the course anymore.

Why? Because the original instructor agreement:

• Didn’t include a work-for-hire clause

• Didn’t explicitly transfer ownership of recorded content

• Had no non-compete or license-back provision

The company had to negotiate a retroactive license and stop using the instructor’s image in all marketing material—costing thousands in legal fees and lost ad spend.

It was avoidable. The platform didn’t need better tech. It needed a better agreement.

Counterpoint: “But We’re a Startup. We Can’t Be Too Demanding.”

Some platforms fear that if they tighten instructor contracts, they’ll scare off great talent.

That’s a valid concern. But clarity isn’t the same as control. In fact, clear, fair terms are attractive to serious instructors.

Here’s the difference:

• A vague contract creates mistrust

• A clear contract builds professional respect

You can still offer flexibility (e.g., limited-time exclusivity, shared ownership, optional renewal clauses), but don’t leave core rights undefined.

Think of it this way: a professional instructor would rather sign a solid agreement than risk their content being misused or their reputation being tied to unclear platform policies.

Closing Thoughts: A Mindset Shift for Platform Builders

If you’re building an education platform—or already managing one—stop treating the instructor agreement as an afterthought.

It’s not just paperwork. It’s a risk shield, a growth engine, and a reputation safeguard all in one.

Ask yourself:

• Do I have clear rights to reuse instructor content?

• Can I continue selling it if the instructor leaves?

• Is my brand protected if the instructor behaves unethically?

• Do I prevent instructors from taking students off-platform?

If you’re not sure, it’s time to review the agreement.

Understand the essential Legal Clauses Online Education Platforms Can’t Afford to Ignore

Don’t let your platform’s biggest risk come from your most trusted partner. Fix the instructor contract.

📌 Want to update your instructor agreement?

Book a legal strategy session to cover ownership, marketing rights, and revenue terms—clearly.