What is a contract of adhesion?
A contract of adhesion is a legally binding agreement between an offeror and a customer that has substantially more power than the customer has in choosing the contract for adhesion. For example, the same terms and conditions that apply to all other customers are also given to the customer in the contract of adhesion. The contract has a term of one month and is due to expire on the last day of the month.
What is the power of the contract of adhesion?
When a contract of adhesion is in place, the customer has power to decide the amount of money to be paid and terms and conditions to be used. The customer is given the right to terminate the contract of adhesion at any time without payment of any money or other consideration.
How does it affect the consumer?
Well, the adhesion contract means that if you have a condition that you don’t want, or can’t afford to meet, you can walk away from your contract and never pay. The carrier cannot force you to continue the contract, nor can they force you to pay if the condition is a result of something out of your control. In this case, you are not a customer of their company. You are a customer of their carrier.
In this example, I can walk away and never pay. But, let’s say I take a low income job which does not always have a consistent income. If I do not meet my contracted terms, this carrier could go after my wages. If I am unemployed, I do not have any income. If I miss a payment, it is not a surprise to the carrier as I did not meet my conditions.
Why do companies use contract of adhessions?
Companies use this type of contract because it offers their employees:
Contracts of adhesion means that employees know what they’re getting into when they sign up. Adhesive brands ensure that their customers are up to date on everything they need to know before they purchase.
Contracts of adhesions are easy to understand. It is quite rare that a company will ever have to offer more than one adhesion to customers, but they are perfectly legal.
Contracts of adhesions make use of electronic signatures and allow employees to have their requests fulfilled swiftly.
To learn more about a contract of adhesions, how it works and how it protects customers, please visit our blog.
Whether a customer is a vendor or an OEM, one or more parties must negotiate a contract with terms of adhesion or security that are identical to the terms that apply to others. Doing this often requires defining the deliverables that can be obtained without costly legal battles. Whether you’re a new car dealer or a software developer, you can stay out of trouble by negotiating an adhesion contract that meets all of the needs of your customers and does not expose you to potential legal action.
Harvey Silverglate is an attorney who focuses on the protection of constitutional rights for individuals, companies, and non-profits.