(c)	it would cause detriment (whether financial or otherwise) to a party if it were to be applied or relied on.
(b)	the contract as a whole.
(d)	readily available to any party affected by the term.
(4)	For the purposes of subsection (1)(b), a term of a contract is presumed not to be reasonably necessary in order to protect the legitimate interests of the party who would be advantaged by the term, unless that party proves otherwise.