KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Indemnity provision proposed by customer / ISC meetings – schedule your meeting now October 30, 2024 ************************* 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. *************************** If you're interested in a private [yes, it's free] meeting at ISC East [we will be meeting just outside the exhibit hall] please contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. Concierge Clients will have priority. ************************* Indemnity provision proposed by customer ************************* 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 ******************************* Response ******************************* 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. *********************** K&K Holiday Party - Save the date: December 12, 2024 ******************** STANDARD FORMS Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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