My argument does not apply to the case were two parties have fully negotiated the terms of a contract.

It applies to cases where the terms are not negotiable. If thousands of others have signed the same contract, then there is no room for individual variations in the terms, even if that would benefit both parties. Try to get a different contract with your local library or a university: impossible, even though it would be in you, their and societies best interest.

The pragmatic choice is to sign the contract, but break it in a way advantageous to all parties involved.