ORIGINAL: branded
As for what holds up in court, that's the whole point to this thread. Most reasonable people, after having signed such a waiver wouldn't pursue these matters in court.
I agree most reasonable people wouldn't pursue it, they would settle things right without going to court. But then, I think that most reasonable people would settle things right with or without the waiver, that it wouldn't make any difference. I don't think the waiver would change the way reasonable people handle it. If it goes to court, I think that there's a good chance that at least one of the people is being 'unreasonable' waiver or not.