This is all basically true, but the problem is that retaining an attorney to confidently represent you for such negotiation is proposition with $10k table stakes (probably $15k+ these days with Trumpflation), and much more if the company sticks to their guns and doesn't settle (which is much more likely when the company is holding the cards and you have to go on the offensive). The cost isn't necessarily outright prohibitive in the context of surveillance industry compensation, but is still a chunk of change and likely to give most people pause when the alternative is to just go with the flow and move on.
Personally I'd say there needs to be a general restriction against including blatantly unenforceable terms in a contract document, especially unilateral "terms". The drafter is essentially pushing incorrect legal advice.