Problem
Dotty Tureed lives in Iowa. She noticed termites in her house. She called in Standard Termite Controls, Inc., a large pest control company with branches across the country. Its local representative visited her home and offered to rid the house of termites for $600. Dotty agreed, and the representative presented her with a document headed "Contract." The document was a single page, printed on both sides. The front page had blanks for the customer information and a description of the work and the price. At the foot of the front page there was a blank for the customer's signature immediately below a sentence in normal, 12-point type that read, "I have read and agree to the terms of this contract, including the terms printed on the reverse side of this page." The reverse side of the page contained 15 numbered paragraphs in normal 12-point type. Dotty signed the front page of the document without turning it around and reading the writing on the reverse. After the work was done, Dotty claimed that the chemical used by Standard Termite to kill the termites was toxic to humans and had made her ill. She sued Standard Termite for damages in an Iowa court. Standard Termite has moved to dismiss the suit on the grounds that clause 13 on the reverse side of its contract form specifies that all disputes must be resolved in the courts of California, where Standard Termite is headquartered.
Is the forum selection clause part of the contract? In your analysis make specific reference to concepts raised in Specht v. Netscape Communications regarding reasonable notice to an offeree - and any other case studied this week that, in your opinion, applies.