Legal Definitions - standard contract

A standard contract is a pre-drafted agreement, typically prepared by one party and presented to another on a "take-it-or-leave-it" basis, with little to no opportunity for negotiation. These contracts are common in everyday transactions for goods and services, and they are often referred to as contracts of adhesion because of the significant imbalance in bargaining power between the parties.

In a standard contract:

• One party (usually the one with more power or expertise, like a large company) drafts all the terms.
• The other party (often an individual consumer) has little to no ability to change or negotiate these terms.
• The choice is generally to accept the contract as written or decline the transaction entirely.
• They are designed for efficiency and uniformity across many transactions.

Here are some examples:

• Online Terms of Service: When you sign up for a new social media platform, email service, or streaming subscription, you are typically required to click a box indicating you agree to the "Terms of Service" or "User Agreement." These lengthy documents are standard contracts. You cannot negotiate specific clauses about data privacy, content usage, or account termination; your only option is to accept them to use the service or decline and not use it.

• Apartment Lease Agreement: When renting an apartment from a large property management company, you will be presented with a pre-printed lease agreement. This document contains standard clauses regarding rent payments, maintenance responsibilities, pet policies, and eviction procedures. While you might negotiate a specific move-in date or a minor amenity, the core legal terms and conditions of the lease are typically non-negotiable and apply uniformly to all tenants in that building or complex.

• Airline Ticket Purchase: When you buy an airline ticket, you implicitly agree to the airline's "Conditions of Carriage." This is a standard contract that outlines the airline's policies on baggage allowances, flight delays, cancellations, liability limits, and passenger conduct. You cannot negotiate these terms individually; by purchasing the ticket, you accept the airline's pre-established rules for transportation.