Apparently the same clause is in the Disney account terms used to buy the tickets to the park

Disney adds that Mr Piccolo accepted these terms again when using his Disney account to buy tickets for the theme park in 2023.

Which would hold more water than the clause in the Disney+ terms (that articles on the subject focus on way too much just for clickbait)

Jibreel Tramboo, barrister at Church Court Chambers, says the terms in the Disney+ trial are a "weak argument for Disney to rely on".

However, he says, the clause in the ticket purchase from 2023 may be a stronger case, "as there is a similar arbitration clause".

But anyway, it's really insensitive from Disney to try to arbitrate such a tragic incident.