If you visit a Fitbit website—say, to synch your Fitbit to
your phone— you are now required to agree to arbitration. In other words, if
you had a future reason to sue Fitbit (failure to abide by warranty; defective
product; etc.), you are required to waive your right to seek redress in a
court, and appear before an arbitrator, likely chosen by the company. Details are here. Meanwhile,
at Guitar Center, Sean Lynch—a seven year employee— was required to go online
and sign an arbitration agreement. If not, he’d be fired. For more, click on this.
In California, this type of forced agreement is called for
what it is— an adhesion contract, which is lawyer-speak for a contract that has
the appearance of an agreement but is actually the product of compulsion by a
party with superior power over a party who signs under duress. In most states—and also, in
most federal-law situations— these agreements are upheld by courts. (Thanks to
my South Bend Bureau for a key tip here!)
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