Todd Soloway and Bryan Mohler ()
Though hotel management agreements (HMAs) are generally long-term agreements with terms extending for decades, courts in New York and elsewhere have recently confirmed that a hotel owner at all times retains the power to terminate an HMA at any time and for any (or no) reason. See, e.g., Marriott International, v. Eden Roc, 104 A.D.3d 583 (1st Dept. 2013) (confirming that HMAs are “classic” personal services contracts that may not be enforced by injunction); FHR TB v. TB Isle Resort, 865 F.Supp.2d 1172 (S.D. Fla. 2011) (applying New York law and holding that, in addition to HMAs being personal services contracts, they are agency agreements which may be unilaterally terminated at any time by the hotel owner as principal).
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