South Park Creators Make Controversial Clause At New Restaurant
If you’ve been tuned into the news at all in the last few months, you may be aware of the fact that South Park creators Matt Stone and Trey Parker have officially entered the restaurant game. While the news surrounding the grand opening of their Colorado restaurant, Casa Bonita, has been overwhelmingly positive, the duo has been turning heads due to a bizarre clause in the terms and services required to place a reservation. The terms, which span a staggering 7,000 words, include relinquishing your right to sue the establishment before a judge or jury if something goes horribly awry during your service.
Relinquishing Your Rights
It sounds like the exact kind of thing that you might see skewered on an episode of South Park, but the clause is clearly written without any sense of irony or satire. If you’re one of the bold few patrons who do decide to comb through each and every page of a terms and services agreement, you’ll see that the reservation stipulations for Casa Bonita state in all caps “YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.”
Would It Hold Up In Court?
With any luck, this clause won’t come into play at all, and the diners of Casa Bonita will be left to enjoy their pilgrimage completely free of any choking, illness, or other pain and suffering that could be grounds for litigation.
Of course, you never know when you might find yourself choking on a chicken bone or slipping on a bathroom floor, so signing away your rights to financial compensation in this manner could seal the fate of any unlucky patrons. It’s hard to say how enforceable a clause like this would be when put to the test, especially with a competent lawyer by your side, though there is some precedent for similar language in long-form TOS agreements.
Disney Did Something Similar
Recently, Disney has come under fire for attempting to dismiss a wrongful death lawsuit after a Disney Parks patron died eating allergen-contaminated food on their premises. The House of Mouse moved to dismiss the suit on the grounds that the patron once subscribed to Disney+, which apparently has a similar clause to the Casa Bonita reservation screen.
Such a clause calls for disputes between the business and their customers through third-party arbitration in place of the typical legal avenues, and even stipulates that the arbiter be hired by the business entity themselves.
Not Effecting Patronage
While clauses like this are actually somewhat common, the one detailed in Casa Bonita’s reservation menu is buried deep within the document, and shrouded in legalese that the average diner may not fully understand.
Even still, most diners don’t seem to mind, as the establishment currently touts a massive reservation backup spanning hundreds of thousands of prospective guests. The restaurant only just ended its soft-launch period and officially opened to the public. It has received tons of positive press for its food, vibe, and menu, so it seems that no potential lawsuits are in motion for now anyway.
Casa Bonita
South Park super-fans may recall Casa Bonita highlighted as a pink-hued paradise in a 2003 episode of the series. Back then, the restaurant was a local institution, though management for the establishment ultimately filed for bankruptcy after closing during the COVID-19 pandemic.
In a bid to keep the beloved locale alive and well, Matt and Trey purchased Casa Bonita, refurbished it from top to bottom, and outfitted it with all new decor and a fresh menu. While the destination looks like an absolute blast, be sure to be extra cautious if you do score a seat—your life just might depend on it.
Source: 9News
