My inbox is full of offers. Here’s what most of them forgot.
Why your terms and conditions matter more than your sales page
In this edition of The Loophole:
Why Rick’s question about car sickness is actually about your terms and conditions
The 5 legal gaps that could turn a launch into disputes—and my fix
Your pre-launch checklist
The Question That Made Me Stop Mid-Sip
Rick asked me a question last Tuesday that made me stop mid-bite of my soggy paper straw in a mango-turmeric-coconut smoothie.
“Should I ask people to disclose if they get car sick?”
We’re working poolside at a rental in Costa Rica this January. People warned us about the roads (they call them “car eaters” in Spanish)—inexperienced drivers, old cars, steep curvy mountains.
Not for the easily queasy. 🤢
He’s scouting Costa Rica for his luxury bird tour business, thinking through the details. Clients who can’t walk long distances? Rocky trails? Hotel standards? Car sickness screening?
Those Awkward Questions Are Your Terms and Conditions.
I love that he’s asking these kinds of questions before anyone books. Those awkward, specific questions about the details of your offer? Those are your terms and conditions.
Meanwhile, my inbox is flooded with 2026 offers. Masterminds. Courses. Five-figure programs with payment plans and bonuses.
I keep wondering: How many of them have thought through their version of the car sickness question?
What Happens When You Don’t Ask the Car Sickness Question 🤢
Your terms and conditions aren’t window dressing. They’re the difference between a clean launch and a messy dispute. Skip them (or write them badly), and you’re launching with no protection.
Here’s what happens when you don’t answer your car sickness questions in writing:
1. Scope Creep With No Boundaries
“Weekly coaching calls” without specifying length? Someone’s on the line for 90 minutes when you meant 30. (Or they’re furious you only gave them 20.)
Here’s (roughly) how I’d fix it: "Four 45-minute calls per month, scheduled in advance. Rescheduling requires 48 hours’ notice.”
2. Refund Policies That Cost You Thousands
“Satisfaction guaranteed” until someone demands $5,000 back after completing your program. Your email disclaimer won’t hold up if your terms don’t say it clearly.
Here’s (roughly) how I’d fix it: “Refunds available within 14 days only if you haven’t accessed the course portal.”
3. Payment Terms That Give You Cash Flow Nightmares
If you offer payment plans, have you outlined what happens when someone misses month two? (If your terms don’t say, a judge might decide for you.)
Here’s (roughly) how I’d fix it: “Failure to pay results in immediate suspension of access until your account is current.”
4. IP Ownership That Lets Clients Walk With Your Work
An online course creator teaches her signature framework to her mastermind group, and six months later, one participant begins selling it. How did she get away with it? The mastermind terms never stated that the IP would remain with the creator.
Here’s (roughly) how I’d fix it “All course materials, frameworks, and intellectual property remain the exclusive property of [Your Business Name].”
5. Claims You Can’t Prove
“Triple your revenue in 90 days!” sounds like something your lawyer would advise against. Bold promises better have receipts or disclaimers.
Here’s (roughly) how I’d fix it: Only use testimonials with permission and add disclaimers. “Past results don’t guarantee future outcomes”.
It’s Not About Covering Your 🍑—It’s About CEO Thinking
Tight terms aren’t about being difficult or micro-managing.
Rick’s thinking through car sickness and trail difficulty because he wants incredible experiences, not unprepared, miserable clients.
That’s CEO thinking. Real CEOs don’t launch an offer and hope everything will work out just fine. They set expectations, protect their work, and build on solid ground.
Write It Down Before You Launch
Before you hit “publish” on your next offer, run through this checklist:
🔲 Is what’s included clearly defined? (hint: use specific numbers, dates and times)
🔲 Did I specify what qualifies for a refund?
🔲 Did I outline the procedures if they stop paying?
🔲 Is my intellectual property protected in writing?
🔲 Have I reviewed my claims for accuracy?
🔲 Have I added clear terms and conditions to my sales page or at checkout?
Rick’s still deciding about how to handle the car sickness disclosure (I told him yes—no one wants to ruin a luxury adventure).
But I know what he’ll do next: write it down, make it clear, launch with confidence.
And you should too.
Build smart,
Sonya
P.S. Want to feel like you’re with me in Costa Rica? Try this recipe. Huh? Here I am, providing legal education AND yummy recipes? Some things I can’t predict.
P.P.S. But I can predict many of the legal issues that derail businesses (that’s the real loophole). If you have a friend who runs a business, please consider sharing The Loophole with them. I’m aiming to reach 10K subscribers in 2026.
P.P.P.S. If you have an upcoming launch or offer, copy and paste this prompt into ChatGPT, Claude, or your AI tool of choice to check if your offer has thought through all the details that set clear expectations with buyers.
Act as a business lawyer.
I’m launching an offer and want buyer-facing terms audited for gaps.
Ask the questions you must ask to draft clear terms (scope, refunds, payments, access, IP, claims, liability, disputes, privacy/recordings, third-party platforms).
After I answer: top 3 gaps, what needs lawyer review, score /10.
Offer details: [paste].
What to Do With the Results
If the AI identifies gaps or flags complexity: This is where a conversation with a lawyer (hi, it’s me) can save you from that car-sick feeling. Reply to this email and let’s talk through your specific situation.