But then in the next paragraph, they say "here are the terms of the contract between the creator and the backer". I suspect this would be very problematic to enforce. You can't be both arms length, and dictating terms to two parties of a contract without also being a party. It is a logical contradiction.
Every lawyer does this every day when he or she is writing up a contract signed by other parties. The lawyer isn't involved unless one of the parties can prove that the lawyer performed malpractice in writing the contract.
All Kickstarter is offering is a standard contract and terms that both parties can agree to or not agree to. The standardize nature of the contract mean's it's easier to raise money and see who's raising money, so it's more likely everyone uses the standard contract. It's the parties involved choice on whether or not they sign sign the terms.