I am a lawyer. Different jurisdictions have different rules, and often courts do not allow rights to damages to be contracted away. Also, under common law tradition, a written document is typically strictly construed against the drafter of the document. So, in other words, if it's a close call, the party who created the document loses. Of course I'm speaking in generalities.I have no knowledge of this specific case, and I'm a U.S. lawyer. So, take what I say with giant spoonfuls of salt.