In Re Int'l Profit Assocs., Inc., 286 S.W.3d 921 (Tex. 2009). · Go Syfert
In Re Int'l Profit Assocs., Inc., 286 S.W.3d 921 (Tex. 2009). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 2020–2024 · 3 courts · …simply being unaware of a forum-selection clause does not make it invalid. at p. 924
98 citation events (98 in the last 25 years) across 8 distinct courts.
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Ayeni v. Bank of America N.A. (2×)
D.N.M. · 2024 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
simply being unaware of a forum- selection clause does not make it invalid.
discussed Cited as authority (verbatim quote) Johnny E. Webb, III v. Alex Rodriguez (2×) also: Cited "see"
Tex. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
parties who sign contracts bear the responsibility of reading the documents they sign.
examined Cited as authority (verbatim quote) in Re Emex Holdings Llc (4×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
parties who sign contracts bear the responsibility of reading the documents they sign.
examined Cited as authority (verbatim quote) Josue Gonzalez Rodriguez v. State (4×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
parties who sign contracts bear the responsibility of reading the documents they sign.
examined Cited as authority (verbatim quote) in Re International Profit Associates, Inc., International Tax Advisors, Inc., Bob Vander Veen, Marie O'Donnell, Bill Conboy, Donald Garner and Michael Moses (6×) also: Cited as authority (quoted), Cited as authority (rule), Cited "see"
Tex. App. · 2009 · quote attribution · 4 verbatim quotes · confidence high
riddell primarily supports its challenge to the forum-selection clause with scott riddell's testimony that ipa never showed him the first page of the contract, which contained the clause.
discussed Cited as authority (rule) In Re Equity One Franchisors, LLC v. the State of Texas
txctapp9 · 2026 · confidence medium
Equity One has an interest in certainty regarding where disputes brought by its franchisees will be resolved and negotiated for that certainty. “[F]orum-selection clauses are enforceable, and the party challenging the forum-selection clause bears a heavy burden of proof.” In re Int’l Profit Assocs., 286 S.W.3d 921, 923 (Tex. 2009) (orig. proceeding).
discussed Cited as authority (rule) Maria Robles, J.A., and Jose Almaguer Vazquez v. Cox Insurance Group, LLC and Old American County Mutual
Tex. App. · 2022 · confidence medium
In re Int’l Profit Assocs., 286 S.W.3d 921, 923 (Tex. 2009) (“[A] party who signs a document is presumed to know its contents,” (quoting In re Lyon Fin.
cited Cited as authority (rule) Corsaro v. Columbia Hospital At Medical City Dallas Subsidiary LP
N.D. Tex. · 2021 · confidence medium
Profit Assocs., Inc., 286 S.W.3d 921, 923 (Tex. 2009), and an employee accepts an arbitration agreement even without a signature by continuing to work after receiving notice of its terms.
examined Cited as authority (rule) RZQ, L.L.C., Hameed Quraishi, M.D., Rafath Quraishi, M.D., Aadam Quraishi, M.D., and Advanced Medical Imaging, L.L.C. v. McClelland and Hine, Inc. (4×) also: Cited "see"
Tex. App. · 2021 · confidence medium
In 2014, we noted that the Texas Supreme Court has rejected the argument that “the failure to provide a copy of an agreement containing a forum selection clause to a claimant constitutes the type of fundamental unfairness that precludes enforcement of the forum selection clause.” Id. at *9 (citing Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595 (1991) (“[F]orum-selection clauses contained in form passage contracts are subject to judicial scrutiny for fundamental fairness.”); In re Int’l Profit Assocs., 286 S.W.3d 921, 924 (Tex. 2009) (orig. proceeding) (finding that the “fu…
discussed Cited as authority (rule) Sierra Frac Sand, L.L.C. v. CDE Global Limited (2×) also: Cited "see"
5th Cir. · 2020 · confidence medium
The result is the same even if Sierra never read the forum-selection clause. “[S]imply being unaware of a forum-selection clause does not make it invalid.” In re Int’l Profit Assocs., Inc., 286 S.W.3d 921, 924 (Tex. 2009).
discussed Cited as authority (rule) Jerry Christerson and Myrtle Christerson v. Gordon W. Speer, Lenora Speer, Kevin Speer and Ed Pickett
Tex. App. · 2017 · confidence medium
Holdings, L.P. v. Westergren, 453 S.W.3d 419, 424 (Tex. 2015) (rejecting plaintiff’s claim that defendants fraudulently induced him to sign written release where plaintiff explained that he did not read release he was signing because he was “in a hurry” and did not have his reading glasses with him); In re Int’l Profit Assocs., Inc., 286 S.W.3d 921, 923 (Tex. 2009) (where parties read and had opportunity to discuss contracts before signing, defendant’s failure to separately disclose forum-selection clauses did not constitute evidence that defendant fraudulently induced plaintiff). 2.
discussed Cited as authority (rule) Jerry Christerson and Myrtle Christerson v. Gordon W. Speer, Lenora Speer, Kevin Speer and Ed Pickett
Tex. App. · 2017 · confidence medium
Holdings, L.P. v. Westergren, 453 S.W.3d 419, 424 (Tex. 2015) (rejecting plaintiff’s claim that defendants fraudulently induced him to sign written release where plaintiff explained that he did not read release he was signing because he was “in a hurry” and did not have his reading glasses with him); In re Int’l Profit Assocs., Inc., 286 S.W.3d 921, 923 (Tex. 2009) (where parties read and had opportunity to discuss contracts before signing, defendant’s failure to separately disclose forum-selection clauses did not constitute evidence that defendant fraudulently induced plaintiff). 2.
discussed Cited as authority (rule) Loya v. Loya
Tex. App. · 2016 · confidence medium
A party “seeking to enforce a forum-selection clause is not obligated to prove that it specifically showed the clause to the opposing party as a condition of enforcement.” In re Int’l Profit Assocs., Inc., 286 S.W.3d 921, 924 (Tex. 2009).
discussed Cited as authority (rule) in Re Nationwide Insurance Company of America
Tex. · 2016 · confidence medium
See, e.g., In re Lisa Laser USA, Inc., 310 S.W.3d 880, 883 (Tex.2010) (per curiam); In re Laibe Corp., 307 S.W.3d 314, 316 (Tex.2010) (per curiam); In re ADM Inv'r Servs., Inc., 304 S.W.3d 371, 374 (Tex.2010); In re Int’l Profit Assocs., 286 S.W.3d 921, 922 (Tex.2009) (per curiam); In, re Int’l Profit Assocs., 214 S.W.3d 672, 675 (Tex.2009) (per curiam); In re AutoNation, Inc., 228 S.W.3d 663, 667-68 (Tex.2007); In re Automated Collection Techs., Inc., 156 S.W.3d 557, 559 (Tex.2004) (per curiam); In re AIU Ins.
discussed Cited as authority (rule) in Re: Giant Eagle, Inc. (2×)
Tex. App. · 2015 · confidence medium
Profit Associates, Inc., 286 S.W.3d 921, 923 (Tex. 2009) (emphasis added). 2 This is a highly case- specific and flexible inquiry without a bright-line test.
discussed Cited as authority (rule) In re Longoria (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Profit Assocs., Inc., 286 S.W.3d 921, 923 (Tex.2009); Mo. Pac.
examined Cited as authority (rule) in Re Prime Insurance Company (7×) also: Cited "see"
Tex. App. · 2014 · confidence medium
See, e.g., In re Lisa Laser USA, Inc., 310 S.W.3d 880, 883 (Tex. 2010) (orig. proceeding); In re Laibe Corp., 307 S.W.3d 314, 316 (Tex. 2010) (orig. proceeding) (per curiam); In re ADM Investor Servs., Inc., 304 S.W.3d 371, 374 (Tex. 2010) (orig. proceeding); In re Int’l Profit Assocs., 286 S.W.3d 921, 922 (Tex. 2009) (orig. proceeding) (per curiam); In re Int’l Profit Assocs., 274 S.W.3d 672, 674 (Tex. 2009) (orig. proceeding) (per curiam); In re AutoNation, Inc., 228 S.W.3d 663, 665 (Tex. 2007) (orig. proceeding); In re AIU Ins.
cited Cited as authority (rule) William Bush and Mari Marc S.A. De C v. v. Cardtronics, Inc. and Cardtronics S.A. De C v.
Tex. App. · 2014 · confidence medium
Profit Assocs., Inc., 286 S.W.3d 921, 924 (Tex. 2009).
discussed Cited as authority (rule) in Re Thomas Agresti
Tex. App. · 2014 · confidence medium
See, e.g., In re Fisher, No. 12-0163, 2014 WL 801160, at *5 (Tex. Feb. 28, 2014) (orig. proceeding); In re Lisa Laser USA, Inc., 310 S.W.3d 880, 883 (Tex. 2010) (orig. proceeding); In re Laibe Corp., 307 S.W.3d 6 314, 316 (Tex. 2010) (orig. proceeding) (per curiam); In re ADM Investor Servs., Inc., 304 S.W.3d 371, 374 (Tex. 2010) (orig. proceeding); In re Int’l Profit Assocs., 286 S.W.3d 921, 922 (Tex. 2009) (orig. proceeding) (per curiam); In re Int’l Profit Assocs., 274 S.W.3d 672, 674 (Tex. 2009) (orig. proceeding) (per curiam); In re AutoNation, Inc., 228 S.W.3d 663, 665 (Tex. 2007) (o…
discussed Cited as authority (rule) in Re Counsel Financial Services, L.L.C.
Tex. App. · 2013 · confidence medium
See, e.g., In re Lisa Laser USA, Inc., 310 S.W.3d 880, 883 (Tex. 2010) (orig. proceeding); In re Laibe Corp., 307 S.W.3d 314, 316 (Tex. 2010) (orig. proceeding) (per curiam); In re ADM Investor Servs., Inc., 304 S.W.3d 371, 374 (Tex. 2010) (orig. proceeding); In re Int’l Profit Assocs., 286 S.W.3d 921, 922 (Tex. 2009) (orig. proceeding) (per curiam); In re Int’l Profit 4 Assocs., 274 S.W.3d 672, 674 (Tex. 2009) (orig. proceeding) (per curiam); In re AutoNation, Inc., 228 S.W.3d 663, 665 (Tex. 2007) (orig. proceeding); In re AIU Ins.
discussed Cited as authority (rule) American Registry of Radiologic Technologists v. Bennett
W.D. Tex. · 2013 · confidence medium
The Application clearly states that Plaintiffs Rules and Regulations are “incorporated in and made a part of [the] Application” (doc. # 47, Reid Declaration, Ex. 30), and “[a] party who signs a document is presumed to know its contents, including documents specifically incorporated by reference.” In re Int’l Profit Assocs., Inc., 286 S.W.3d 921, 923 (Tex.2009) (internal citation marks omitted) (quoting In re Lyon Fin.
discussed Cited as authority (rule) Bancroft Life & Casualty ICC, Ltd. v. FFD Resources II, LLC
S.D. Tex. · 2012 · confidence medium
In re Int’l Profit Assocs., 286 S.W.3d 921, 924 (Tex.2009) (“simply being unaware of a forum selection elapse does not make it invalid”). ■ ■ Furthermore, argues Bancroft, the doctrine of direct benefit estoppel precludes FFD from embracing the benefits of the Group Policy (seeking and obtaining insurance coverage under the Policy and suing on its alleged breach) while repudiating those terms that it does not like.
discussed Cited as authority (rule) Raven Resources, LLC v. Legacy Reserves Operating, LP (2×) also: Cited "see"
Tex. App. · 2012 · confidence medium
In re Int’l Profit Assocs., Inc., 286 S.W.3d 921, 923 (Tex. 2009). “[P]arties to a contract have an obligation to protect themselves by reading what they 6 sign and, absent a showing of fraud, cannot excuse themselves from the consequences of failing to meet that obligation.” In re Lyon Fin.
discussed Cited as authority (rule) Raven Resources, LLC v. Legacy Reserves Operating, LP (2×) also: Cited "see"
Tex. App. · 2012 · confidence medium
In re Int’l Profit Assocs., Inc., 286 S.W.3d 921, 923 (Tex.2009). “[P]arties to a contract have an obligation to protect themselves by reading what they sign and, absent a showing of fraud, cannot excuse themselves from the consequences of failing to meet that obligation.” In re Lyon Fin.
discussed Cited as authority (rule) in Re Mark Andy, Inc.
Tex. App. · 2012 · confidence medium
See, e.g., In re Lisa Laser U.S., Inc., 310 S.W.3d 880, 883 (Tex. 2010) (orig proceeding); In re Laibe Corp., 307 S.W.3d 314, 316 (Tex. 2010) (orig. proceeding) (per curiam); In re ADM Investor Servs., Inc., 304 S.W.3d 371, 374 (Tex. 2010) (orig. proceeding); In re Int'l Profit Assocs., 286 S.W.3d 921, 922 (Tex. 2009) (orig. proceeding) (per curiam); In re Int'l Profit Assocs., 274 S.W.3d 672, 674 (Tex. 2009) (orig. proceeding) (per curiam); In re AutoNation, Inc., 228 S.W.3d 663, 665 (Tex. 2007) (orig. proceeding); In re AIU Ins.
discussed Cited as authority (rule) Prospect Energy Corp. v. Dallas Gas Partners, LP
S.D. Tex. · 2011 · confidence medium
Profit Associates, Inc., 286 S.W.3d 921, 923-24 (Tex.2009) (holding that defendant’s testimony that he did not see a provision in the agreement because the plaintiff-counterparty failed to direct him to the provision was insufficient as a matter of law to establish fraud, and defendant was therefore bound to the terms of the provision).
discussed Cited as authority (rule) Jose A. Perez and Nancy C. Perez v. Old American County Mutual Fire Insurance Company
Tex. App. · 2010 · confidence medium
In re Int’l Profit Assocs., Inc. , 286 S.W.3d 921, 923 (Tex. 2009) (per curiam). [1] The Perezes also assert that there is no evidence of Mario’s intent to deceive, but this was conclusively established by Mario’s deemed admissions.
cited Cited as authority (rule) Falk & Fish, L.L.P. v. Pinkston's Lawnmower & Equipment, Inc.
Tex. App. · 2010 · confidence medium
In re Int’l Profit Assocs., Inc. 286 S.W.3d 921, 923 (Tex.2009) (orig. proceeding) (per cu-riam).
cited Cited as authority (rule) In Re Lisa Laser USA, Inc.
Tex. · 2010 · confidence medium
II”), 286 S.W.3d 921, 922 (Tex.2009) (same, Illinois law).
cited Cited as authority (rule) Lone Star National Bank v. Usvaldo Martinez and Mario Rodriguez
Tex. App. · 2010 · confidence medium
In re Int'l Profit Assoc., Inc ., 286 S.W.3d 921, 922 (Tex. 2009).
cited Cited as authority (rule) Lone Star National Bank v. Usvaldo Martinez and Mario Rodriguez
Tex. App. · 2010 · confidence medium
In re Int’l Profit Assoc., Inc., 286 S.W.3d 921, 922 (Tex. 2009).
cited Cited as authority (rule) In Re Greatamerica Leasing Corp.
Tex. App. · 2009 · confidence medium
In re Int’l Profit Assocs., 286 S.W.3d 921, 923 (Tex.2009) (orig. proceeding) (per curiam); Lyon Fin.
cited Cited as authority (rule) in Re: Greatamerica Leasing Corporation and Steve Louvar
Tex. App. · 2009 · confidence medium
In re Int'l Profit Assocs ., No. 08-0531, 2009 Tex. LEXIS 391, at *4 (Tex. June 12, 2009) (orig. proceeding) (per curiam); Lyon Fin.
cited Cited as authority (rule) in Re: Greatamerica Leasing Corporation and Steve Louvar
Tex. App. · 2009 · confidence medium
In re Int'l Profit Assocs., No. 08-0531, 2009 Tex. LEXIS 391, at *4 (Tex. June 12, 2009) (orig. proceeding) (per curiam); Lyon Fin.
discussed Cited "see" Mary Lou Nava as Next Friend of Angela Nava, a Person With Total Mental Incapacity v. Reverse Mortgage Solutions, Inc.
Tex. App. · 2020 · signal: see · confidence high
In re Longoria, 470 S.W.3d 616, 632 (Tex.App.--Houston [14th Dist.] 2015, no pet.); see In re International Profit Associates., Inc., 286 S.W.3d 921, 923 (Tex. 2009); Ridge Natural Resources, L.L.C. v. Double Eagle Royalty, L.P., 564 S.W.3d 105, 118 (Tex.App.--El Paso, 2018, no pet.).
discussed Cited "see" Tau Kappa Epsilon and Adam Wilson Fomby v. USA Bus Charter, Inc.
Tex. App. · 2011 · signal: see · confidence high
Servs. , 257 S.W.3d at 234 (contract specified Pennsylvania law and Pennsylvania as the forum); see In re International Profit Assocs., Inc. , 286 S.W.3d 921, 924 (Tex. 2009) (conditionally granting mandamus relief to enforce choice of Illinois as the forum and Illinois law as the governing law).
discussed Cited "see" Tau Kappa Epsilon and Adam Wilson Fomby v. USA Bus Charter, Inc.
Tex. App. · 2011 · signal: see · confidence high
Servs., 257 S.W.3d at 234 (contract specified Pennsylvania law and Pennsylvania as the forum); see In re International Profit Assocs., Inc., 286 S.W.3d 921, 924 (Tex. 2009) (conditionally granting mandamus relief to enforce choice of Illinois as the forum and Illinois law as the governing law).
cited Cited "see" Cotton Patch Cafe, Inc. v. Micros Systems, Inc. and Scott Shipferling
Tex. App. · 2011 · signal: see · confidence high
See In re Int’l Profit Assoc., Inc., 286 S.W.3d 921, 923 (Tex. 2009) (orig. proceeding).
discussed Cited "see, e.g." Mike Birnbaum and Beverly Birnbaum v. Gena J. Atwell, Phyllis Browning, Phyllis Browning Company and Mimi Weber
Tex. App. · 2015 · signal: see, e.g. · confidence medium
See, e.g., In re Int’l Profit Assocs., Inc., 286 S.W.3d 921, 923 (Tex. 2009) (holding that party who signs document is presumed to know its contents); Cantella & Co. v. Goodwin, 924 S.W.2d 943, 944 (Tex. 1996) (same).
discussed Cited "see, e.g." Rickey Fontenot v. Land America Commonwealth Title of Houston, Inc.
Tex. App. · 2014 · signal: see, e.g. · confidence medium
See, e.g., In re Int’l Profit Assocs., Inc., 286 S.W.3d 921, 923 (Tex. 2009) (holding that party who signs document is presumed to know its contents); Cantella & Co. v. Goodwin, 924 S.W.2d 943, 944 (Tex. 1996) (same); Indem.
cited Cited "see, e.g." Nancy L. Henry and Ms. Nancy's E-Z Out Bail Bonds v. Financial Casualty & Surety Inc.
Tex. App. · 2014 · signal: see also · confidence medium
Id. (citing In re ADM Investor Servs., 304 S.W.3d 371, 375 (Tex. 2010)); see also In re Int’l Profit Assocs., Inc., 286 S.W.3d 921, 923 (Tex. 2009) (orig. proceeding) (per curiam).
Retrieving the full opinion text from the archive…
In Re INTERNATIONAL PROFIT ASSOCIATES, INC., Integrated Business Analysis, Inc., Accountancy Associates, LLC, International Tax Advisors, Inc., and Huey Mitchell, Jr.
08-0531.
Texas Supreme Court.
Jun 12, 2009.
286 S.W.3d 921
J. Ken Nunley, Chad Michael Upham, Kelly Putney Rogers, Nunley Jolley Cluck Aelvoet, LLP, Boeme, TX, for Relator., H.N. Cunningham, III, Robert Bezucha, John Paul Tufnell, Roberts Cunningham & Stripling, L.L.P., Dallas, TX, for Real Party in Interest.
Per Curiam.
Cited by 43 opinions  |  Published
2 passages pin-cited by 1 case
Pinpoint authority: bottom 84%
Citer courts: Court of Appeals of Texas (2)
PER CURIAM.

In this original proceeding, we consider whether a trial court abused its discretion by requiring parties who seek to enforce a forum-selection clause to prove they showed the specific clause to the opposing party when they entered the agreement as a condition to enforcing the clause. We conclude that the trial court abused its discretion and conditionally grant the writ of mandamus. Accordingly, we do not address whether the trial court abused its discretion by denying admission of the original contract at the hearing on the motion to reconsider.

Riddell Plumbing, Inc. (Riddell) hired International Profit Associates, Inc. to provide a business analysis and an initial profitability recommendation. Riddell then decided to move forward with more extensive consulting services and signed a contract with International Profit Associates, Integrated Business Analysis, Inc., Accountancy Associates, LLC, and International Tax Advisors, Inc. [1] The first page of the contract contains a forum-selection clause explaining:

At [Riddell’s] election, [IPA agrees] that all disputes of any kind between the parties arising out of or in connection with these respective independent agreements shall be submitted to binding arbitration.... With regard to all other matters, exclusive jurisdiction and venue shall vest in the Nineteenth Judicial District of Lake County, Illinois, Illinois Law applying.

When Riddell became dissatisfied with IPA’s services under the agreement, it did not elect to pursue arbitration. Instead, Riddell filed suit against IPA in Dallas County, Texas. IPA filed a motion to dismiss based on the forum-selection clause in its contract with Riddell.

The trial court denied IPA’s motion to dismiss, explaining in an official letter to both parties that IPA “did not sustain [its] burden of proving that the page of the contract containing the forum-selection clause was ever presented [to Riddell].” The court also denied IPA’s subsequent motion to reconsider the motion to dismiss. IPA sought a writ of mandamus from the court of appeals, arguing that the trial court abused its discretion in not granting the motion to dismiss because IPA did not have the burden of proving that it showed the forum-selection clause to Riddell. The court of appeals denied IPA’s petition for writ of mandamus without explanation.

IPA complains to this Court that the trial court abused its discretion by requiring IPA to prove that it showed the forum-selection clause to Riddell because: (1) there is no obligation to show a specific contractual provision to a party who signs a contract, In re U.S. Home Corp., 236 S.W.3d 761, 764 (Tex.2007), and (2) the burden of proof is not on the party seeking to enforce a forum-selection clause, but on the party challenging the clause. In re AIU Ins. Co., 148 S.W.3d 109, 113 (Tex.2004). IPA also argues that the trial court abused its discretion because a party’s fail[*923] ure to show a portion of a contract to the other contracting party, absent fraud, is not one of the methods a party can use to challenge a forum-selection clause as established by this Court in In re Lyon Financial Services, Inc. 257 S.W.3d 228, 231-32 (Tex.2008).

Riddell counters that failing to show it the forum-selection clause constitutes fraud or overreaching. Riddell explains that the United States Supreme Court established in Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595, 111 S.Ct. 1522, 113 L.Ed.2d 622 (1991), that forum-selection clauses are subject to judicial scrutiny for fundamental unfairness. Applying this principle to the present case, Riddell argues that it would be fundamentally unfair to enforce a forum-selection clause that Riddell’s representative, Scott Riddell, was never shown when he signed the contract.

In a recent case also involving IPA and the enforceability of a forum-selection clause, we explained that, as a general rule, forum-selection clauses are enforceable, and the party challenging the forum-selection clause bears a heavy burden of proof. In re Int’l Profit Assocs., Inc., 274 S.W.3d 672, 675 (Tex.2009) (citing In re Lyon, 257 S.W.3d at 231-32). A trial court abuses its discretion in refusing to enforce the forum-selection clause, unless the party opposing enforcement of the clause can clearly show that: (1) enforcement would be unreasonable or unjust, (2) the clause is invalid for reasons of fraud or overreaching, (3) enforcement would contravene a strong public policy of the forum where the suit was brought, or (4) the selected forum would be seriously inconvenient for trial. Id. Applying this standard to the present case, we conclude that the trial court clearly abused its discretion by placing the burden of proof on IPA to demonstrate that it showed the forum-selection clause to Riddell.

Riddell primarily supports its challenge to the forum-selection clause with Scott Riddell’s testimony that IPA never showed him the first page of the contract, which contained the clause. Riddell further argues that evidence IPA did not show the forum-selection clause to Scott Riddell proves that Riddell’s compliance was obtained by fraud or overreaching. Evidence that a party concealed a forum-selection clause combined with evidence proving that concealment was part of an intent to defraud a party may be sufficient to invalidate the clause; here, however, Riddell’s evidence that IPA did not direct Scott Riddell to the forum-selection clause is insufficient as a matter of law to prove fraud or overreaching. In re Lyon, 257 S.W.3d at 231-32.

First, as we explained in Lyon, “[a] party who signs a document is presumed to know its contents,” including “documents specifically incorporated by reference.” 257 S.W.3d at 232. Scott Riddell claims not to have seen page one of the contract containing the forum-selection clause at the time he signed it. There is specific evidence demonstrating that he knew or should have known of the existence of the clause when he signed the contract. Most notably, Scott Riddell signed page four of the contract. A clause two lines above his signature noted: “This document, ⅛. pages in total, constitutes the entire agreement for services ...” (emphasis in original). Furthermore, each of the three pages that Riddell claims he saw and endorsed states that the respective pages are “2 of 4,” “3 of 4,” and “4 of 4.” Even assuming that Riddell was not shown page one of the contract, the statements on pages two through four of the contract put him on notice that page one existed; he could have asked for the missing page. See In re U.S. Home, 236 S.W.3d at 764 (explaining that a party cannot avoid a[*924] contract clause by simply failing to read it and that if a party was not prevented from reading a contract provision, then there is no evidence of fraud). We conclude that Scott Riddell’s testimony, as well as the affidavits of Riddell’s other representatives stating that he was never shown the first page of the contract, is insufficient evidence to meet Riddell’s heavy burden of proof to avoid enforcement of the contract provision.

Second, simply being unaware of a forum-selection clause does not make it invalid. In re Lyon, 257 S.W.3d at 233. We explained in Lyon that “parties to a contract have an obligation to protect themselves by reading what they sign and, absent a showing of fraud, cannot excuse themselves from the consequences of failing to meet that obligation.” Id. Scott Riddell’s inattention to page one of the contract is not evidence of fraud or overreaching because there is no evidence that IPA made any misrepresentations about or fraudulently concealed the existence of page one or any other portion of the contract. To the contrary, the existence of page one is referenced on every page of the agreement that Scott Riddell read and endorsed. In re U.S. Home, 236 S.W.3d at 764. If we were to determine otherwise, it would require a party seeking to enforce a forum-selection clause to prove that the opposing party was separately shown each provision of every contract sought to be enforced and was subjectively aware of each clause. Parties who sign contracts bear the responsibility of reading the documents they sign.

Riddell also claims that the Supreme Court’s decision in Shute stands for the proposition that courts must evaluate forum-selection clauses for fundamental unfairness. While this is correct, Riddell misapplies the analysis used in Shute. See 499 U.S. at 595, 111 S.Ct. 1522. In Shute, the Supreme Court looked for evidence that the forum-selection clause was “used as a means of discouraging cruise passengers from pursuing legitimate claims,” as well as evidence of bad faith. Id. Conversely, Riddell argues that the forum-selection clause is unfair because its representative was never given the first page of the agreement that included the forum-selection clause and not because the clause itself was fundamentally unfair. [2] Furthermore, Riddell offers no evidence that the selected forum, Illinois, or choice of law, Illinois law, was chosen to deprive the company of its day in court by subverting its substantive rights. See In re AIU, 148 S.W.3d at 113 (citing Shute, 499 U.S. at 595, 111 S.Ct. 1522).

In conclusion, the party challenging a forum-selection clause has the burden of proving the clause is invalid, and the party seeking to enforce the forum-selection clause is not obligated to prove that it specifically showed the clause to the opposing party as a condition of enforcement. Because the trial court placed the burden of proof on IPA and required the company to prove that it showed the forum-selection clause to Riddell, it clearly abused its discretion in denying IPA’s motion to dismiss. Accordingly, we conditionally grant mandamus relief and direct the trial court to vacate its order denying IPA’s motion to dismiss and enter an order granting the motion. See Tex.R.App. P. 52.8(c). We are confident the trial court will comply with[*925] our directive, and the writ will issue only if the trial court fails to do so.

1

. The entities, as well as Huey Mitchell, a sales representative for International Profit Associates who was individually sued by Rid-dell, will be referred to as IPA because the relators filed motions to enforce the forum-selection clause. In response to the motion and in its briefs, real party Riddell Plumbing addresses IPA's arguments collectively.

2

. Riddell spends a considerable portion of its brief enumerating unrelated allegations of misconduct or impropriety by IPA and its principals. None of those allegations against IPA is relevant to this appeal. They have no relation to the forum-selection clause at issue in this petition or any actions taken related to the clause itself.