this post was submitted on 23 Aug 2024
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This case has awful optics but it isn't as insane as it is presented here. First, it's just resolving things by arbitration not dismissing the suit completely. Second, Disney didn't own the restaurant in question, it was on their property, and they promoted it on their website. Its reasonable that an arbitration agreement for something like disney+ could be extended to the use of their website.
Binding arbitration is terrible for consumers:
No, it is insane. I don't know of other countries that allow a corporation to just not allow you to sue them and force you into arbitration.
It is as insane as it sounds. Yes, alternative dispute resolution is perfectly commonplace and indeed in many countries - such as mine - there is an expectation that you attempt ADR before bringing a matter to court, unless there is some reason why you couldn't.
That's fine. That's not an issue.
Disney claimed that due to the terms and conditions of the Disney+ video streaming service, anyone who has or had a subscription agrees to resolve any and all disputes with Disney through mediation and they therefore waive any recourse through the courts. For absolutely any form of dispute, even a wrongful death.
That is absolutely insane and evil to even attempt and there is no justifying it.
Arbitration aside, I think you're forgetting these are terms from the streaming service.
If tomorrow I attack you, break your spine and you lose mobility for life, then I come back saying in 2011 you purchased an indie game I made and waived your right to sue me in the terms of service, that wouldn't be insane? Suuure.
They also agreed to a similar arbitration clause again when purchasing the park tickets. It is insane that the disney lawyers even mentioned disney+. They had a more recent and relevant agreement right there.
Either way, I hope they lose. Fuck disney and forced arbitration.
The restaurant in question wasn't located in the park, so that clause was just as irrelevant.
Agreed but it isn’t as much a stretch as the disney+ agreement and serves the same purpose for their argument. The restaurant is on disney owned property right next to the park.