Well yeah. The carrier's job is not to sell devices. It's to sell the services that they provide. If you don't want that, you have to buy unlocked from the manufacturer and finance another way.
I wouldn't call it misleading at all. The terms are laid out that you have to subscribe. Carriers won't sell you a phone outright in their stores without it being activated on a new account. Believe me I've asked.
It is only free and instant if you are in the military.