No one wants to read through an endless list of terms and conditions, but a legal battle involving Disney has laid bare the type of surprise condition that can be hidden in fine print.

In February, American man Jeffrey Piccolo filed a wrongful death suit against Walt Disney Parks and Resorts after his wife Kanokporn Tangsuan died last year.

He alleged Dr Tangsuan had suffered a deadly allergic reaction to food served at an eatery in Walt Disney World Resort; he is seeking $US50,000 (more than $75,000) in damages.

Disney wants to have the case thrown out because Piccolo had previously signed up for a free trial of Disney+.

At first glance, there appears to be no connection between the events.

But Disney argues that in signing up for Disney+, Piccolo had agreed to never sue the company.

What’s the basis for Disney’s argument?

Disney+ terms of use stipulate any disputes between the individual and Disney, except disputes resolved in small claims court or relating to ownership of intellectual property rights, “are subject to a class action waiver and must be resolved by individual binding arbitration”.

As Piccolo had agreed to the terms and conditions when signing up to Disney+ in 2019, and again in 2023 when he purchased the Disney+ theme park tickets using his Disney account, Disney claims he must settle the lawsuit out of court.

The company has argued the arbitration clause applies to “all disputes” including those involving “The Walt Disney Company or its affiliates”, such as Walt Disney Parks and Resorts.

Piccolo’s lawyers labelled Disney’s argument that more than 100 million Disney+ subscribers had given up their right to sue the company as “absurd”.

“The notion that terms agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary is so outrageously unreasonable and unfair as to shock the judicial conscience,” they wrote in a filing.

His lawyers also argued that although Piccolo agreed to the terms, he did not do so on behalf of his wife or her estate.

Shifting blame

Disney has emphasised it does not own or operate Raglan Road Irish Pub, the eatery located at Walt Disney World Resort that had allegedly served the contaminated food.

Piccolo’s lawsuit claims he had informed staff about his wife’s severe allergy to nuts and dairy products, and that she required “allergen-free food”.

Although the waiter “guaranteed” the food was allergen-free, Tangsuan had trouble breathing after the meal and later died in hospital despite self-administering an EpiPen.

A medical examiner investigation cited in Piccolo’s case determined she had died due to “anaphylaxis due to elevated levels of dairy and nut in her system”.

Her death was ruled an accident.

Piccolo’s agreement to Disney+ terms and conditions would not affect his claims against the specific venue, Disney said.

A hearing has been scheduled in Florida for October 2.