European law could be the model here. eg. In the UK such contracts are simply and plainly unenforcible because of Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999.

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/unfai...

https://secure.wikimedia.org/wikipedia/en/wiki/Consumer_prot...

I should note this only applies to consumer contracts. With contracts between businesses it's expected that they do know what they're doing.