This story has a similar smell to these overbearing EULAs that we supposedly “sign” by opening the shrinkwrap. And no matter how clever the wordsmithy, there are con sumer rights you simply cannot sign away. I mean, there must be a limit somewhere, otherwise you could contract yourself into chattel slavery. (Instead of having the state draft you into it, or be sentenced to it as punishment)
I sincerely hope that future judges throw out this legal precedent, and brand this one judge an “activist” for his troubles. I suppose the SCOTUS embargo may decide how important this really ends up being.