1. you are the general manager of a hotel in Miami Beach, Florida. You decide to hire a valet company to operate your valet. The valet company gives you a contract, but you forget to sign it and the valet company forgets to ask you for it. The contract contains a "non-solicitation clause" which states that, if you terminate the contract, you are not allowed to solicit or hire the valet parking company's employees to work for you. The contract states as follows: Non-solicitation. During the Term and for a period of 12 months after termination of the Agreement, the Hotel shall not directly or indirectly offer to hire or employ or hire or employ any Valet Company Employee without Valet Company's prior written consent. Hotel shall pay a penalty in the amount of $100,000 for each Valet Company Employee hired in violation of this Section. The valet company provides services to your hotel for about 6 months and you pay them in accordance with the contract. However, neither party realizes that the contract was never signed. After 6 months, you decide to terminate the valet parking company and operate your own valet with your own employees. Unbeknownst to you, a few weeks after you terminate the valet parking company, your assistant manager hires one of the valet parking company's employees to work at the hotel on a temporary basis. A few weeks later you get a nasty letter from the valet parking company's attorney demanding $100,000. What do you do next? What is the potential legal risk to the hotel and what defenses might you have? 5 POINTS