Or at the very least edit it so that he doesn't take your hitpoints even if you run away. I fled as soon as I saw the path, and yet he still took 42 permanent hitpoints, even more than the bonus once I had earned through Orochimaru kills and various other means. (In other words, he can take as many points from me as he wants, no matter what I do.) Now I have less hitpoints than an academy student at my level. Now that the only other way to get hitpoints is by luck or by completely ignoring my other stats, it would take years to get my health back up to what it was, if going by my current rate -- one extra hitpoint a week, if I play every game day and if I'm lucky. As it is I've already lost the will to play this game anymore.
EDIT: All right, having stopped crying, having read a similar thread, and understanding it's a balance issue, I merely have this to say: at least prevent him from taking away more hitpoints than the baseline, unless you explicity offer them. Because now that you can't really get them except by random chance, and even then carrying a risk of losing more, it's just ridiculous otherwise. Because eventually I'll end up with negative hitpoints.