The problem is that clauses unfair or suprising to the consumer are not considered invalid.
> If the term was outside of the reasonable expectations of the person who did not write the contract, and if the parties were contracting on an unequal basis, then it will not be enforceable. The reasonable expectation is assessed objectively, looking at the prominence of the term, the purpose of the term and the circumstances surrounding acceptance of the contract.
https://en.wikipedia.org/wiki/Standard_form_contract#Contrac...