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Comment by tgsovlerkhgsel

Don't bother. Just ban/declare invalid any surprising clauses, with a regularly updated list of prohibited abusive terms that people try to slip in.

Germany has an explicit rule like that (§ 305c BGB): terms that are so unusual that the counterparty didn't have to expect them are null and void, and any ambiguities are interpreted against the side using reusable T&C's. Terms are further invalid (§ 307 BGB) if they unfairly disadvantage the other party against good faith etc.

The real meat starts in 308 and following, explicitly banning many terms - for example arbitration requirements (309 item 14).

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