A contract of adhesion is a standardized, take-it-or-leave-it agreement drafted by the stronger party. They're usually enforceable, but courts scrutinize unfair terms.
A contract of adhesion is a standardized, "take it or leave it" agreement drafted entirely by the party with more bargaining power. The other side can accept the terms as written or walk away, but can't realistically negotiate them.
You agree to adhesion contracts constantly: software terms of service, insurance policies, residential leases, gym memberships, and the fine print when you open a bank account. They make high-volume commerce practical, since negotiating individual terms with every app or service would be impossible.
Generally, yes. Courts uphold them because standardized terms are efficient and the weaker party still chose to accept. But because of the power imbalance, courts scrutinize them more closely and may refuse to enforce terms that are unconscionable, hidden, or wildly one-sided. Ambiguities are often interpreted against the party that drafted them.
Read before you click. Pay attention to clauses on arbitration, automatic renewal, liability limits, and fees, because that's where adhesion contracts most often surprise people. If a term feels unreasonable, it's worth questioning even if everyone signs it.
The contract of adhesion is one category among many. For the bigger picture, see our guide to types of contracts.
Is an adhesion contract legally binding?
Usually, yes, as long as the terms aren't unconscionable and were reasonably available to read. Courts can strike individual unfair clauses while enforcing the rest.
How is an adhesion contract different from a negotiated contract?
In a negotiated contract, both sides shape the terms. In an adhesion contract, one side sets them and the other simply accepts or declines.