One of the reasons a court may decline to enforce and agreement is that it’s contrary to public policy.  In Niedermeyer v. Charlton, 2014 BCCA 165, the majority of the Court of Appeal found that a waiver was contrary to public policy and unenforceable. Please read the case, the majority decision and the dissent, and comment on the case in any matter you chose.

here is the link for the case:
https://www.canlii.org/en/bc/bcca/doc/2014/2014bcca165/2014bcca165.html