There’s a bad trend going on in the world of agreements and contracts. It’s the trend where two parties are signing a contract and one of them specifies all the terms without any negotiation or expectation of compromise. And it’s the trend where a customer and a vendor, during a business transaction, end up using an agreement that was written by the vendor – again without any negotiation or compromise with the buyer or customer.
It used to be (or at least in my idealized view of the world’s past…) that when you entered an agreement it was actually an agreement. A way of coming to terms that were mutually agreeable. No more. Agreement means, what you agree to that I specified. There’s no empowerment on the side of the buyer, in many cases. The vendor or seller simply specifies.
And I think that’s unfortunate.