There is a very fundamental principal in law that says;

 

“ You can not achieve by contract;….. that …..what can not be attained at law. “

 

This means no contract is valid that contradicts the law, regardless what the agreement says. It does not matter how elegantly wrote the contract is; on the day of judgement, it is useless in the eyes  of the law.

 

With this goes the premise,

 

“ That no one should knowingly with intent, enter into a contract that contradicts the law and would obviously cause damage to others ”

 

If you apply these premises to the facts available; it is very obvious  what is going on.