Posted in: Comics, Comics Publishers, Current News, Disney+, Marvel Comics, streaming, TV | Tagged: brian hibbs, mark waid

Will You Write A Letter To Disney In Case You Ever Need To Sue Marvel?

Mark Waid suggests that you may want to check the Disney+ terms... will you write a letter to Disney in case you ever need to sue Marvel?

Comic book writer Mark Waid writes to social media, about Disney+ sending round a new subscriber agreement by e-mail. He writes; "I cannot stress strongly enough that this is a red alert for all comics freelancers. I checked the new Disney ToS myself. I can vouch that this article is 100% real and accurate. As I understand it, if you have a Disney+, ESPN+, or Hulu streaming account, check their new ToS, item 7G, immediately to verify this for yourself: If you do not send them a PHYSICAL LETTER within 30 days of accepting these new ToS, if in the future you have a legal dispute with Disney or any of its companies *including Marvel*, you cannot sue. You will be forced into arbitration, no exceptions. Even if you terminate your streaming account. Please see for yourself."

I checked. This only appears to be a North American Disney+ clause, it is absent in the British equivalent. But it does indeed read as stated that if you sign up to Disney+, ESPN+, and/or Hulu, "You are agreeing to resolve all disputes between us through binding individual arbitration and include a class action waiver and jury trial waiver" and that includes "any related disputes involving The Walt Disney Company or its affiliates". Which would include dealing with Marvel Comics in any capacity. And as a comic book creator, that may be a pertinent issue when it comes to who owns or owes what.

The exceptions are "any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, so long as it is an individual dispute and not a class action", so you could sue them for small claims, but not as part of a wider group. Another exception that may have been missed by Mark Waid is "any dispute relating to the ownership or enforcement of intellectual property rights." But even so, "No party will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which any party acts or proposes to act in a representative capacity."

And this won't last for the terms of your Disney+ subscription, "This arbitration agreement will survive the termination of your relationship with Disney+ and/or ESPN+ and/or Hulu, including any revocation of consent or other action by you to end your participation in the Services or any communication with us."

The case of Jeffrey Piccolo

This also comes after a case was filed by one Jeffrey Piccolo, a $50,000 wrongful death lawsuit against Disney, after the death of Dr. Kanokporn Tangsuan in 2023 after dining in the Disney Springs shopping complex, as a result of allergies that were not catered to, as advertised. In its initial response, Disney asked the Florida court to send the case to arbitration, claiming that Piccolo waived his rights to sue the company when he signed up for a Disney+ trial in 2019 and when he purchased tickets for the theme park through Disney's website, that stated all legal disputes with Disney must be settled outside of court through arbitration. The Plaintiff's legal team argued that Piccolo would not have been in contract with Disney at the time of this incident. That the terms and conditions for the theme park "expressly contemplate that the parties may file lawsuits and requires those suits to be filed in Orange County, Florida and to be governed by Florida law." And that the Estate of Dr. Kanokporn Tangsuan was not bound to any of these terms as Dr. Tangsuan did not sign any agreements. Disney filed a notice to withdraw the motion. But this language is new and more expansive. 

The letter you may want to write to Disney

The only way to continue watching Agatha All Along while keeping all your options open is to "opt out of this arbitration agreement via mail. If you do so, neither party can force the other party to arbitrate. To opt out, you must notify us in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement; otherwise you shall be bound to arbitrate Disputes on a non-class basis in accordance with this Agreement. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. Your opt-out notice must include your name and address, the email address you used to set up your account, and a clear, unequivocal statement that you want to opt out of this arbitration agreement (and, if applicable, that you want to opt out of the class action waiver). You must mail your opt-out notice to Disney Opt-Out, P.O. Box 11565, Burbank, California, 91510. For clarity, opt-out notices submitted via email will not be effective."

So, if you want to keep your options open, you better post that letter. Comic book retailer Brian Hibbs, who famously launched a class action lawsuit against Marvel and won, replied to Mark Waid, saying, "It sounds like this would have blocked the Class Action lawsuit I won against Marvel for mis-soliciting their comics? Yikes." Yes, yes, it probably would have. Write that letter, Brian!

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