KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Indemnity provision proposed by customer / ISC meetings – schedule your meeting now
October 30, 2024
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Time is running out.  We will soon be closing the meeting time opportunities. Schedule your free private meeting with KK at ISC East
No "last minute" meetings will be scheduled.

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Indemnity provision proposed by customer
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Ken
          We are currently using your agreement although it is not the most current version (I believe we have the 2018 version of the all in one).  We have picked up an apartment complex where we are monitoring their fire, security, and doing access control hosting for them.  Historically we have not signed agreements that include indemnities, however; more and more companies are requiring it for us to do business with them, especially management companies.  I am pretty sure your agreements protect against standard indemnity clauses, but we'd like to know your thoughts on this and to see if you would read over the one below to verify that we would still be covered by our agreement.  We are in Texas.
Name withheld
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Response
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          I want to clarify how and when questions like this get a response. 
          Unless the inquiry is from a Concierge Client a response is likely going to be limited to circulating the question and response on this forum if it seems it could be of general interest to the industry.  If not a general question [and the above is a general question] a non-Concierge Client will be asked if they understand they will have to pay for legal advice.  If a Concierge Client asks the question they get a free half hour each month for contract review and negotiation, and a personal response to general questions, such as the above.  Join the Concierge Program today and start benefits immediately, including discount on contracts, including those on sale.  https://www.kirschenbaumesq.com/page/concierge
          For the services described above, monitoring, you would use the Fire All in One for the fire alarm monitoring [you should be doing inspection and service, and the Fire All in One will cover that as well.
          For the security systems [alarm and access control] you would use the Commercial Security All in One. The only way to use just one contract is to use the Fire All in One with Commercial Security Rider
          Here the alarm company is about to sign the Customer’s contract, often referred to Vendor Agreement.  The vendor agreement always contains an Indemnification Provision, those the terms and reach of the indemnity will vary agreement by agreement.  Ideally you will want to make the vendor agreement subject and subordinate to the All in One, subject and limited to your insurance coverage and you will want to make clear that the indemnity is intended for personal injury and property damage caused by the negligence of your employees while working on the premises and more importantly is not indented to cover equipment failure or alarm security or fire alarm service failure.
          I don’t want to be overly dramatic, but I may as well be trying to guide you so you can do your own brain surgery, and if you actually try you probably don’t have one.  You make a mistake on your contract, or knowingly agree to something without really appreciating the added risk you are talking and potential consequences, well, you’re not going to die on the operating table, or your kitchen table as the case may be, but the consequences could be more costly than you ever anticipated.  Proper legal counsel is necessary, period.
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K&K Holiday Party - Save the date:  December 12, 2024
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com