Which statement about forum-selection clauses and transfer of venue is correct?

• A. The forum-selection clause is always enforceable to transfer venue.
• B. The forum-selection clause is never enforceable to transfer venue.
• C. The forum-selection clause is enforceable unless special factors exist that justify not enforcing it.
• D. The forum-selection clause overrides any contrary change-of-venue considerations.

Answer: (C)

Forum-selection clauses are treated with a strong presumption of enforceability in federal courts: when a contract designates a specific forum, the designated venue should generally be honored. But this presumption isn’t absolute. The clause is enforceable unless there are special factors that justify not enforcing it—such as the clause being invalid (due to lack of mutual assent, fraud, duress) or enforcement being unreasonable, unjust, or contrary to a strong public policy. This is the balance courts apply after considering the clause and governing venue-transfer rules.

So the correct statement reflects that enforceability is the default, but exceptions exist. It’s not correct to say it’s always enforceable or never enforceable, and it doesn’t automatically override every contrary change-of-venue consideration, which may be weighed against the clause in appropriate circumstances.