One Sided Contract for the United States

One Sided Contract Template for United States

A One Sided Contract is a legally binding agreement under U.S. law where one party, typically the provider of goods or services, has substantially more bargaining power and sets most or all of the terms and conditions. These contracts are common in consumer transactions and are typically presented as 'take it or leave it' agreements. While legal under U.S. jurisdiction, they must still meet basic requirements of contract law and avoid unconscionable terms.

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What is a One Sided Contract?

One Sided Contracts are extensively used in the United States when businesses need to establish standardized terms with multiple customers or users. These contracts are particularly useful for companies offering mass-market products or services, as they provide consistency and operational efficiency. While the contract type gives significant advantage to the drafting party, it must still comply with federal and state consumer protection laws, avoid unconscionable terms, and maintain basic fairness to be enforceable in U.S. courts. They're typically used for subscription services, software licenses, consumer purchases, and standard service agreements.

What sections should be included in a One Sided Contract?

1. Parties: Identifies and defines the contracting parties with full legal names and addresses

2. Background/Recitals: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Agreement: Details the specific rights, obligations, or services covered

5. Payment Terms: Specifies payment amounts, methods, and schedules

6. Term and Termination: Defines duration and conditions for ending the agreement

7. Governing Law: Specifies applicable jurisdiction and legal framework

8. Signature Block: Space for parties to execute the agreement

What sections are optional to include in a One Sided Contract?

1. Warranties: Guarantees and promises made by one party - include when specific assurances need to be documented

2. Indemnification: Protection against third-party claims - include when risk allocation is important

3. Insurance: Required insurance coverage - include when specific risks need to be covered

4. Confidentiality: Protection of sensitive information - include when proprietary information is shared

5. Force Majeure: Provisions for unforeseeable circumstances - include when external events could affect performance

What schedules should be included in a One Sided Contract?

1. Schedule of Fees: Detailed breakdown of pricing and payment structure

2. Service Level Agreement: Specific performance metrics and standards

3. Technical Specifications: Detailed technical requirements or specifications

4. Contact Information: List of key contacts and their details

5. Required Forms: Standard forms or documents referenced in the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Clauses
Industries

UCC Contract Law: Uniform Commercial Code governing sales of goods, including Section 2-302 on unconscionability, providing fundamental rules for commercial transactions

Common Law Principles: Traditional contract law principles applied to service contracts, including offer, acceptance, consideration, and performance requirements

Federal Trade Commission Act: Federal legislation protecting consumers against unfair or deceptive trade practices in commerce

State Consumer Protection Laws: State-specific statutes designed to protect consumers from unfair practices, varying by jurisdiction

Magnuson-Moss Warranty Act: Federal law governing consumer product warranties, requiring clear disclosure of warranty terms

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

E-SIGN Act: Electronic Signatures in Global and National Commerce Act, providing legal framework for electronic signatures and records

Sherman Act: Primary federal antitrust law prohibiting monopolization and restraint of trade

Clayton Act: Federal law supplementing Sherman Act, addressing specific anticompetitive practices

Industry Regulations: Federal and state-specific regulations governing particular industries and their contracting practices

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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