unconscionability definition
unconscionability with mere "unreasonableness"); Free Unitholders of Outdoor Resorts at Orlando, Inc. v. Outdoor Resorts of Am., Inc., 460 So. 2d 382, 383 (Fla. 2d DCA 1984); ▇▇▇▇▇▇▇▇▇▇, 422 So. 2d at 889. (Emphasis added). “It appears that the Admission Contract was pre-printed. However, there is no evidence to support a finding that it was offered to ▇▇. ▇▇▇▇ (or anybody else) on a "take-it-or-leave-it" basis. More particularly, there is nothing to suggest that, had ▇▇. ▇▇▇▇ so requested, the arbitration provision would not have been deleted. There is also no evidence that ▇▇. ▇▇▇▇ could not have obtained a satisfactory placement for her mother except by acquiescing to the terms as written. Certainly, nothing on the face of the Admission Contract permits such findings.” “There is no evidence to support the determination that appellee's choice of arbitrators would be limited to a group likely to be biased in favor of appellant. The evidence regarding the organization from which the arbitrators must be chosen according to the arbitration provision was limited to a stipulation.” “There is, likewise, no evidence to support the determination that appellee's burden of persuasion would be greater in arbitration than it would in a court on any of the claims raised in the complaint.” “There is competent, substantial evidence to support the trial court's findings that nobody associated with ▇▇▇▇▇▇▇▇▇ explained the terms of the arbitration provision to ▇▇. ▇▇▇▇, and that ▇▇. ▇▇▇▇ did not understand the arbitration provision. However, these are only two of the "circumstances surrounding the transaction." To determine whether ▇▇. ▇▇▇▇ had a "meaningful choice" at the time she executed the Admission Contract, all of the circumstances must be considered. Although the trial court noted that ▇▇. ▇▇▇▇ had had "ample opportunity" to read the documents before she executed them and that, had she been uncomfortable with them, she might have taken them home to study or discuss "with other family members[,] . . . trusted friends or advisers" or a lawyer, it does not [**24] seem to have given these facts any weight. Among the other circumstances which the trial court does not appear to have given any weight are the facts that ▇▇. ▇▇▇▇ asked no questions about the arbitration provision and said or did nothing to indicate she had not read and understood that provision before she executed the contract (as the acknowledgment immediately above the signature lines recited); there is nothing to suggest ...