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Earlier this month, MoviePass announced that its customers, previously allowed to see one movie per day, would be limited to just three per month. At the time, the company said that the change wouldn't affect annual subscribers until their plan renewed. But it looks like MoviePass has changed its mind yet again, and probably to nobody's surprise. The company began circulating an email today notifying annual plan subscribers that they too will be limited to just three film showings per month.
"As of today, aligned with Section 2.4 of our Terms of Use, your annual subscription plan will now allow you to see three movies a month instead of the previous unlimited offering, and you'll receive up to a $5 discount on any additional movie tickets purchased," the email said. "This is the current standard plan now in effect for all current and new subscribers." And because the move is retroactive for the current monthly period, which varies by customer, some users will find that they've already seen their three movies once they receive the notification email. The company claims it "intends" to expand its offering of blockbuster and independent films in light of the plan adjustments.
Source: https://www.engadget.com/2018/08/24/moviepass-annual-subscribers-three-movie-plan/
(Score: 2) by All Your Lawn Are Belong To Us on Tuesday August 28 2018, @03:00PM
Correct. Slavery is a crime so you can't do that. How is this a crime?
The contract isn't being changed at all. The customers are receiving the goods promised by the contract (which MoviePass can vary the amount of at the sole discretion of MoviePass) for the same consideration. All the terms of the contract are still in force. It is certainly allowable to have a contract in which with performance and/or consideration clauses are variable. "You pay me $1.00. I'll invest it and do my best to make it worth more, however, the amount I return to you is based strictly on how your investment does, and I don't guarantee you will make a profit and you may lose it all." Perfectly legal. "You have hired me to come play at your Bar Mitzvah. You pay me $50.00. I agree to come and play for a length of time, that amount of time to be set by me at my discretion." Legal. You might sue me if I come and play one song for three minutes, and you might well win that. But if I come and play for 30 minutes and you wanted me to play for six hours? Nope. And if you were contracting with Sting and not me, a court might well find one three minute song for $50.00 to be a bargain. It is the fault of the consumer for signing an agreement which allows the performance goals to be changed at performer's whim, so long as it appears to a court or arbitrator that good faith efforts are being made to comply with the terms.
And I completely agree with you that one can write all sorts of unenforceable terms to a contract, and a good contract will indeed state that if any provision is unenforceable that the remainder of the agreement is still binding. But with something as simple as performance and consideration, if you throw either of those out in court what do you have left to contract about?
This sig for rent.