Legal Definitions - adhesion

In a legal context, adhesion primarily refers to a type of contract known as an adhesion contract. This is a contract drafted by one party (typically the stronger party with more bargaining power) and presented to another party (the weaker party) on a "take it or leave it" basis, with little or no opportunity for negotiation. The weaker party must either accept the terms as written or forgo the product, service, or opportunity.

Courts sometimes scrutinize adhesion contracts for fairness, especially if they contain terms that are overly harsh, one-sided, or unconscionable, because the weaker party had no real choice in shaping the agreement.

• Software End-User License Agreement (EULA):

  Imagine you purchase new computer software. Before you can install and use it, you are presented with a lengthy End-User License Agreement (EULA). This document outlines the terms of use, limitations of liability, and privacy policies. You are typically given two options: click "I Agree" to proceed with the installation or "I Decline" and be unable to use the software.

  How it illustrates adhesion: The software company, as the stronger party, has drafted the entire agreement. You, the consumer, have no ability to negotiate or modify any of the terms, such as the warranty disclaimers or data usage clauses. Your only choice is to adhere to the pre-set terms or not use the software at all.

• Online Streaming Service Terms of Service:

  When signing up for a new online streaming service, you are required to accept the platform's Terms of Service and Privacy Policy. These documents detail how your data will be used, what content is permissible, and the platform's rights regarding your uploaded material or account usage.

  How it illustrates adhesion: The streaming service company dictates all the terms regarding user conduct, content access, and data privacy. Individual users cannot negotiate specific clauses, like opting out of certain data collection practices or demanding different content availability. They must accept the standardized terms to gain access to the service.

• Standard Form Apartment Lease:

  When renting an apartment from a large property management company, you are typically presented with a pre-printed, standardized lease agreement. This agreement includes fixed clauses about rent payment schedules, maintenance responsibilities, late fees, and eviction procedures. While you might negotiate the rent amount or move-in date, the fundamental legal clauses of the lease are usually non-negotiable.

  How it illustrates adhesion: The property management company, possessing greater bargaining power and managing many units, provides a standardized contract that applies to all tenants. You cannot negotiate fundamental terms like the specific conditions for breaking the lease or the exact penalties for property damage. You either accept the company's standard terms for renting the apartment or you cannot lease the unit.