The TOS doesn’t say anything about crimes like murder, and of course you can’t waive that anyway.
What it does say is that any disputes arising out of the use of their website are subject to arbitration. If the plaintiff is correct and Disney is liable because they posted the menu on their website, then that would be a dispute arising out of the use of their website.
But also note that 99% of the victims of the guillotine during the French revolution were innocent commoners, most of the nobility escaped abroad long before the reign of terror started, and the final victim of the terror was the guy who had been in charge of it.