Maybe it should be. Contract law was written/established to govern negotiated agreements between comparably well-informed parties, not untold pages of labyrinthine jargon attached to every transaction that the consumer won't understand and doesn't have a chance to argue except by refusing to use the service. If you as a business (who has significantly greater resources and expertise, and therefore greater responsibility, than the customer) want a random person to sign a legal document with you, you should have to go to some reasonable effort to make sure they understand what they're signing, not just shove it at them and say "sign on the dotted line."
How would your proposed system work in the real world? In the civilized world, we expect people to handle grievances in a court of law and not just club each other when we are not happy, so how could your proposed system ever be workable in any real sense? Just asking.
I can't wait to wait in line at home depot while the sales register person explains in detail their various return policies, possible limits on liability due to you being an idiot with a snowblower, etc.
