The problem, as you know, was that the documents were horribly written with loopholes strewn throughout them. Max talks with such confidence about the "protections," because that's what he believes the intent of the documents were, but the problem is that intent doesn't get you very far when the language itself is full of loopholes. Language always trumps intent and bargaining history. Of course, Max has virtually no experience, so he doesn't understand that. It's not his fault. He just never should have been involved in the first place.