IANAL, but my understanding of the Disney agreement is that it states that completely clear. Just like every other terms of use I've read.
What people disagree is in whether it's actually enforceable.
What people disagree is in whether it's actually enforceable.
That using a Disney plus trial promo several years ago would force arbitrartion in a wrongful death suit stemming from a visit to a physical establishment is well beyond, IMO, a reasonable expectation.
Evidently, I was wrong... But the arbitration clause clearly says it applies to the case. You are expecting things that aren't written there (nor in any other of those "contracts" you sign every day). IMO, you should be correct on that, but the world seems to disagree.
E.g. For physical harm, perhaps I was upright/walking when something scary was on, and in my fright I stumbled/fell/flailed etc and experienced some bodily harm/death. I could totally understand and accept forced arbitration in this instance.
However, I don't expect that to continue for eternity. If I watched Disney plus for a day, canceled my subscription, and went to see Frozen on Ice years later, I wouldn't expect the Disney Plus ToS to have any bearing.
But anyways, back on point, I don't think the average person is legally competent enough to enter into these agreements. Laymen can read and argue what we expect/understand something to mean, but that's very different from what it legally means. This is why I think a ToS/Policy page are not good stand alone solutions.
I'd argue that the ToS/policy page solution can still work, though. We just need higher standards and greater clarity for what those policies are allowed to do, and what they are not allowed to do, and greater clarity on what the bright lines are for companies -- like, there should just be a rule about how contracts work in this Disney case, not a rule about where you need to tell people about the specific thing.