If GF/Nintendo notice me, there's no amount of legal language in the world that'd be able to save this game, haha. But there's thousands of fangames out there and only a very small percentage of them ever get copystruck.
They also generally don't go straight to a lawsuit, it usually starts (and ends) with a "stop doing this or we'll sue you" letter, at which point I'd just cut my losses. And that would suck, but it happens. Worst case scenario, I've still learned a lot about game development and had a blast making this.
I'm fairly confident I can fly under the radar though, at least long enough to finish the last chapter of the game.