Almost every day common people encounter complex contracts. For example if you rented a car for your family it could take hours to read and understand the rental agreement; nonetheless, when you sign the contract, the car rental company imposes its standard terms upon you. If you go skiing or attend a children's concert, the back of your ticket will contain a long list of disclaimers; the ski hill or concert hall is trying to protect itself from lawsuits if you are injured. Does anybody read those terms and are they always binding?
Most people do not read these contracts and mentally dismiss the legal jargon as loopholes and fine print. Frequently, these terms are innocent and list only the conditions you expected such as a description of your purchase and the price. More often however, the terms extend a special privilege to the business that you may not have expected. Consider the following:
A daycare agreement that states "Staff will not be responsible for lost articles including toys." A concert ticket that states "Ticket holder assumes all risks and danger incidental to any event whether occurring prior to, during or subsequent to the actual event." An airline ticket that states "The liability of the carrier for loss or damage to any personal property including baggage shall not exceed $100.00." |
In each case the business is attempting to change your normal expectation; they are limiting their duty and your rights. For example, if you shipped your child's wardrobe in a suitcase and the airline destroyed it in transit, you would expect compensation for its real value rather than a mere $100.00; but your claim was limited by the airline's contract and that is all you get. Lawyers call these types of terms "exculpatory clauses" and whether you read them or not they form part of the agreement. Consequently, you should be conscious of the terms although do not expect the business to negotiate any of them.
A business cannot rely on these fine-print clauses in all cases. Courts have held that the fine-print terms are void when they are blurry and illegible or so small that they are unreadable. It is a relief that there is a limit on the "smallness" of fine print; if you need a magnifying glass to read them, the terms are probably void.
Additionally, fine-print terms may not apply if they are not directly attached to any written agreement. Sometimes businesses will try to rely on terms located on a separate unsigned document or a poster on a back wall. These efforts to include fine print in a contract are not legitimate.
As long as people form business agreements, fine print will be a reality for you and your family. Be cautious and note how you are prejudiced by these clauses. If a business tries to explain their bad service based on fine-print terms however, do not let it pass. If you did not clearly accept the terms at the start, the business cannot rely on them later.