Very simple answer, and something I have sort of mentioned in passing but decided some time ago a subject best avoided in mixed gatherings.
Contractually it is a horrible proposition.
In the UK there is the Unfair Contract Terms Act, basically there to level out the field where there is a discrepancy in power in negotiating a contract and the contract is obviously unbalanced.
I have wondered if it could be applied here.
Obviously this is not the only factor, like most things it is a combination of factors and their individual importance varies.
Anyway like a lot of things you set up a situation which have obvious consequences and then are surprised when those things happen? Duh.