ENFORCEABLE? It is well settled that forum selection clauses are presumptively valid. See The Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 92 S.Ct. 1907, 32 L.Ed.2d 513 (1972); Allen v. Lloyd’s of London, 94 F.3d 923, 928 (4th Cir.1996). However, “the presumption of [validity] that forum selection ... provisions enjoy is not absolute, [rather such provisions] may be overcome by a clear showing that they are ‘unreasonable under the circumstances.’ ” Allen, 94 F.3d at 928 (citing The Bremen, 407 U.S. at 10, 92 S.Ct. 1907). In Allen, the Fourth Circuit explained that choice of forum “provisions may be found unreasonable if (1) their formation was induced by fraud or overreaching; (2) the complaining party ‘will for all practical purposes be deprived of his day at 593-94, 111 S.Ct. 1522 (<HOLDING>). Relying on Yoder, ACC contends Oracle had
holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum holding that a forum selection clause should not be enforced where a consumer is told by a corporate agent to ignore boilerplate contract language containing a forum selection clause where there is a material difference in bargaining power and where the forum designated by the contract has little to do with the transaction and is gravely inconvenient for the parties and witnesses holding that a forumselection clause was enforceable in a suit between injured passengers and the cruise line holding that a forum selection clause was not enforceable against defendants that were not parties to the contract holding that nonnegotiated forum selection clause in a cruise ticket was enforceable and reasonable because 1 a cruise fine has a special interest in limiting the fora in which it potentially could be subject to suit 2 a cruise ship typically carries passengers from many locales it is not unlikely that a mishap on a cruise could subject the cruise line to litigation in several different fora 3 a forum selection clause  has the salutary effect of dispelling any confusion about where suits arising from the contract must be brought and defended sparing litigants the time and expense of pretrial motions to determine the correct forum and conserving judicial resources that otherwise would be devoted to deciding those motions and 4 because passengers who purchase tickets containing a forum clause  benefit in the form of reduced fares reflecting the savings that the cruise line enjoys by limiting the fora in which it may be sued