The part of the contract that is obviously unenforceable is the idea that signing up for a Disney+ trial a year ago forces you into binding arbitration over an issue at a Disney theme park today.
Disney really shot themselves in the foot by even trying to claim this. They have a much, much stronger claim (morally still abhorrent, and legally still far from certain, but much better) with the fact that he had signed up for a Disney app in connection to the theme park itself. If they had stuck to only that claim they’d have an equal chance of legal success, and not gotten nearly as much bad press.
The part of the contract that is obviously unenforceable is the idea that signing up for a Disney+ trial a year ago forces you into binding arbitration over an issue at a Disney theme park today.
That’s very easily enforceable. It’s bad. But there’s no difficulty actually imposing the rule.
Disney really shot themselves in the foot by even trying to claim this.
They have oodles of money and a highly favorable court composition to argue in. Forcing anyone who has every touched a Disney property into binding arbitration would be an enormous coup for their legal team. Meanwhile, they aren’t going to lose any money on this gambit.
