The principal issues in this case are (1) whether an arbitration provision may be found unconscionable absent evidence that the party asserting that would be prejudiced and (2) whether an allegedly unconscionable arbitration provision may be severed if a party does not invoke a severance clause. In an agreement with Venture to buy and market their cotton, Freeman and other farmers agreed to arbitrate under a clause that provided the farmers would be liable for attorney and arbitration fees if they breached the contract. Venture did not face similar liability if it breached. Freeman and the other farmers sued for fraud, negligent misrepresentation and deceptive-trade practices. On a motion to compel arbitration, the trial court ruled the arbitration clause was unconscionable and unenforceable. The appeals court affirmed, reasoning the farmers were forced to forgo substantive rights and remedies if they prevailed on their claims.