I'd like to comment on that part.
I am a trial lawyer. While it's true that anybody can sue at any time, if you have a waiver that's upheld, that's the end; you lose. So I believe what Mr. Volpe was saying is 100% accurate, because there is a chill; when you go to a lawyer, they'll say, “Is this enforceable?” Most lawyers, if they're being responsible, will say, “I don't know; it's going to cost you to find out, but most likely based on the wording...”. All these waivers, obviously—there's not one standard form waiver; it depends on who has written it. Oftentimes—because I've written them myself—you just look at the most recent case and see when something has been permitted, and then you write it up again to make sure that's now taken into account.
I can tell you from experience that there's a serious chill with these waivers.