Enforcement of Forum Selection Clauses

"Yes. Parties to a contract may agree in advance to submit to the personal jurisdiction of a given court by means of a Aforum selection clause@ because personal jurisdiction is a right which is capable of being waived. Whelan Security Co., Inc. v. Allen, 26 S.W.3d 592, 595 (Mo. App. E.D. 2000). In Missouri, forum selection clauses are presumptively enforceable if they are not unfair or unreasonable. Id. at 596. These clauses are routinely enforced absent fraud or overreaching and the party resisting their enforcement bears Aa heavy burden in convincing the court that he should not be held to [the] bargain.@ Id. (quoting Chase Third Century Leasing Co. v. Williams, 782 S.W.2d 408, 411 (Mo. App. W.D. 1989)).

With regard to the Afairness@ question, courts look to a few factors including whether the contract was adhesive, whether it is neutral and reciprocal, and whether its enforcement would be reasonable. High Life Sales Co. v. Brown-Forman Corp., 823 S.W.2d 493, 496 (Mo. banc 1992). A forum selection clause is upheld, in the face of allegations that the forum is so inconvenient as to be unreasonable, unless the opposing party can establish that the clause essentially deprives the party of his or her day in court. See Chase, 782 S.W.2d at 412."