Do you really think a company the size of Apple is going to separately negotiate terms of service with every developer that wants to publish an app?
Contracts of adhesion are just a part of life. We agree to them practically every day whenever we do business with a third party. And if you were in the other party's shoes, you'd do the same thing; otherwise you couldn't practically run a business.
Well, both companies do that - The various epic EULAs let them behave just as apple does, so they can't argue it's unfair unless they want all their existing EULAs to be invalidated as well.