Chi84
Premium Member
All he has to do is say no and that he would prefer to deal with Disney directly. No lawyer can force someone to file a lawsuit.
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Wrongful Death Lawsuit and Disney's Scary Attempt
- Thread starter Club Cooloholic
- Start date
JMcMahonEsq
Well-Known Member
Of course it’s a two party agreement. You get to decide if you want to participate or not. The same way price is a two party agreement even though the customer has no input on the price of tickets at Disney. You don’t get to go in an individually negotiate the cost of anything Disney offers you, be it tickets or meal prices.
This has been corrected and clarified like three times before your post while quoting my same post over the last two days. Ha.
I trust that my misreading of skimming the article can be understood better now.
flynnibus
Premium Member
“All or nothing” is not an negotiable point. It’s literally ‘my way or nothing’. That is not a two party agreement in my slang… that is just a mandate. The very fact customers have no say in the terms is exactly why no one pays any attention to the agreements… there is literally nothing you can do but walk away. That very nature of it being unilateral is why people won’t ever be engaged.
erasure fan1
Well-Known Member
It very much can and it does.
That's true. It's less odds than a severe food allergy but still possible.
I would say absolutely yes, they shouldn't. I will 100% not let my daughter eat at a restaurant. Especially in todays society. Most restaurants are constantly running behind, are short staffed, have a bunch of teens to 25yr olds who just don't care. It's a recipe for disaster, especially when someone like my 6yr old could die. There's no such thing as a little mistake in that situation.
TrainsOfDisney
Well-Known Member
So when you visit Disney do you pack food for everyone in your group? Or you only bring food for your daughter to have at restaurants? Or you stick to pre-package for her?
Not trying to be nosy - genuinely curious. Feel free to answer “generically” so not to give away too much personal information.
TalkToEthan
Well-Known Member
To stay alive:
Common survival sense says don’t entrust your life with
(1) a stranger who likely has to tell 1 to 3 other strangers further down the communication chain “no dairy” on an order and (1A) those who were told and have to get it right and (2) the equipment which has to be free of dairy remnants (3) the restaurant supplier—-another “stranger” added to the mix—who should be bringing in unadulterated food
the problem is one of the 3 food preparers just got dumped by his girl and he shows up to his shift in an emotional daze or high……or both and fouls up the order
Or the server is ticked with mgt and is looking to quit. She really doesn’t care anymore and fails to follow up with communication.
Or an incompetent factory worker mislabels a food item back at the plant or an inspector fails to see cross contamination
This thing could go bad in countless ways.
Assuming years of dine outs the math on this does not favor long term survival.
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JMcMahonEsq
Well-Known Member
Every agreement can and usually does have non-negotiables. It makes no sense to think or classify a deal as not being a 2 party agreement unless every term is subject to negotiation. Even when parties do sit down and have arms length commercial negations there are plenty of terms that are going to be non-negotiable. The fact that people don’t or won’t read agreements is their own laziness or stupidity. Every 2 party agreement comes down to a point where both parties have to say yes, or walk away. Even with form take it or leave it agreements the second party to the agreement has to make a decions is the value worth it, regardless of the flexibility of the other side to negotiate terms.
TrainsOfDisney
Well-Known Member
If 90% of people don’t read the terms on the back of the ticket - that doesn’t mean 90% are lazy or stupid. That means the 10% that do read them are paranoid.
CYA
TalkToEthan
Well-Known Member
that should have been this thread’s title
JMcMahonEsq
Well-Known Member
Anyone that signs a legal agreement without knowing what you are agreeing to is 100 lazy or stupid. A person who does it is saying it’s not worth the time to understand what they are agreeing to, and they deserve what they get.
UNCgolf
Well-Known Member
Courts and the law don't agree with you on this. There's a reason adhesion contracts receive higher scrutiny than a standard agreement.
TrainsOfDisney
Well-Known Member
Lazy and stupid have to be compared to the norm. If the majority don’t read it, then the normal thing is to not read it.
That means the few people do read the terms are the strange ones.
Walt Disney was an idiot losing Oswald like that.
I never read this, been doing ok.
Smiley/OCD
Well-Known Member
Ok, so let’s get this straight…mom, dad & 2 kids are at the ticket window…father gets the
tickets and says to the family, “Wait! We’re not going in until I read the fine print…hold it! If you get hurt on FEA, I can’t sue! That’s it, we’re LEAVING!”
Now who’s stupid?
erasure fan1
Well-Known Member
No worries. We bring her food we've prepared, and prepackaged things that we've verified are made on dedicated line with no dairy. We will go to restaurants with her. We will wipe the seat and the table down where she will sit with some cleaning wipes. We'll put a couple paper towels down and let her eat. We didn't buy anything prepackaged while there, as even the stuff that said dairy free, said made on a line that processes dairy. And her doctor said that's a no go. And she's become an absolute pro at hand washing before she eats anything.
We eat normal, but we are all hyper sensitive about hand washing and face washing, spills... It's a be vigilant all the time thing.
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Splash4eva
Well-Known Member
i will say this Disney has been above and beyond when it comes to allergies my mom has an extremely severe sesame allergy & i have a red dye allergy. Each & every year every chef has come out & waiters been perfect. Last year at Poly same process. What happens they come out with food having sesame seeds. So i dk if this is Disney slacking or workers just not caring enough i understand mistakes happen but coming from a family restaurant background this is a mistake than can be deadly & never happen.
JMcMahonEsq
Well-Known Member
Wait, do people really buy tickets like that anymore?
Second, nothing about the terms of service says you can't bring an action if you get hurt (well there are a ton of disclaimers and waivers, but that doesn't mean you still can bring the action) it just says your forum for the suit is arbitration, not litigation.
Third, it has nothing to do with thinking people are actually going to walk out/not buy the tickets over the issue. I don't think anyone is going to think that its a deal breaker that you have to go arbitration vs litigation over claims stemming from your time at the park. HOWEVER, if you don't read what your legally agreeing to, yes i think you are stupid. Sure its also coming from the place/mindset of an attorney that thinks anytime you don't read legal documents your agreeing to your an idiot, but as a general rule yes, i read the fine print. I find the terms of service, and look at the LoL and venue clauses, be it at WDW websites or the Skyzone waivers you have to sign when you walk in.
Fourth, and maybe most relevant here, is lazy a fair statement, i think it is. Your making a legal agreement, take a minute and read the damn thing. Is stupid a fair statement, honestly as a general rule I still think so. Read what your signing, even if many people a) never believe something like this would come up and/or b) wouldn't understand it if they did. But I guess my main problem is people complaining about things AFTER the fact, when they had an opportunity to read and understand what they were agreeing to, and failed to do it. I don't think you get to say something isn't fair, or unreasonable when you had a chance to read about it, make a choice if you thought it was fair or agreeable, decided not to take that opportunity, and then complain about it after the fact.