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I wouldn't agree that it's automatically fair because it's agreed beforehand.
For example, there are many cases where people consider software sales terms unfair, despite having "agreed" by clicking on the EULA, opening the package, etc.
In general, I think you can only regard "agreement" implies "fairness" if
(a) both parties fully understand the terms and their implications
(b) neither party is being "reluctantly forced" into the agreement by poor negotiating position, or lack of alternatives.
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