TikTok requires users to "forever waive" rights to sue over past harms
arstechnica.com
arstechnica.com
It seems like there should be some sort of consumer protection law against companies including clauses that they can't reasonably expect to be enforceable.
The framework exists; see apartment listings. Add the caveat "no blacks, Jews or gays" and the government will step in to say Hell No.
It needs to be extended to any illegal contract. The burden of determining enforceability should not take civil action from the aggrieved; there's no consequence for attempting this crap in the first place. It's an abuse of process.
The clause can be rendered irrelevant at any time by government legislation. Such legislation could also be retrospective.