Nearly 100% of the points above occur in all lawsuits. If you decide to sue you will need to defend or attack on all these fronts whether it is in a waiver or just presented as a defense. I think we are getting all wound up about nothing. In business lawsuits which I have had the been involved in are always attempting to undo contract for various reasons. And with respect to attorneys fees it is not some carte blanche. Some contract stipulate if you sue the loser pays attorney fees not some obtuse you pay for everything on the legal side. Good luck defending that language.