                                 CODE OF VIRGINIA

ADOPTING TERMS OF RECORDS (§ 59.1-502.8)

Except as otherwise provided in § 59.1-502.9, the following rules apply:

1. A party adopts the terms of a record, including a standard form, as the terms
of the contract if the party agrees to the record, such as by manifesting
assent.

2. The terms of a record may be adopted pursuant to paragraph (1) after
beginning performance or use if the parties had reason to know that their
agreement would be represented in whole or part by a later record to be agreed
on and there would not be an opportunity to review the record or a copy of it
before performance or use begins. If the parties fail to agree to the later
terms and did not intend to form a contract unless they so agreed, &#xA7;
59.1-502.2 (e) applies.

3. If a party adopts the terms of a record, the terms become part of the
contract without regard to the party&#8217;s knowledge or understanding of
individual terms in the record, except for a term that is unenforceable because
it fails to satisfy another requirement of this chapter.

HISTORY: 2000, cc. 101, 996.