KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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life style change opportunity / LLC signing for residence / termination notice
January 20, 2021
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life style change opportunity
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You don't get an opportunity to really change your life style every day; once in a life time might be lucky. Well, if you've been thinking your life is too mundane, that it's time to try something new, here's your chance. I guess I am revealing some personal thoughts of my own, but Island Solutions isn't looking for a lawyer partner. What they are looking for is an electronic security partner to expand their guard service and electronic security business in Turks and Caicos.
I can't attest to what it's like living there, but its great place to vacation. Now's your chance to find out. I've met Dave and his partner and if you have any interest in relocating to Turks and Caicos, now is your chance.
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LLC signing for residence
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Ken,
We have customers that have small grow houses that are in residential homes but are clearly not where someone lives. They sometimes want the account called “Jim Smith’s Residence” and they are the ones signing or it’s in an LLC. Or they have someone living there (caretaker) but put it in an LLC and they usually have partners.
We know it’s a business operation, so we have them sign the Commercial contract (lease or OS depending on the situation). I assumed we’d have more protection since both scenarios are clearly commercial use of the “residence.”
Are we using the right agreements in these scenarios?
Derrick
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Response
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It's a tough call. I'd use the Commercial All in One if an LLC is signing. But, since you can always use the Residential All in One for commercial or residential, it wouldn't be wrong to use it in your scenario. You don't give up much using the residential form, a cancellation opportunity and slightly different RMR items, though in your case the residential form probably covers the installation and services.
Another issue is whether you need the occupant to also sign an agreement, which would certainly be the Residential All in One. The answer to that question depends on the equipment and services being installed and serviced. If it's a fire alarm and the occupant has no involvement with the system then I'd say it's not crucial that the occupant sign the contract. If its a security system and the occupant has passcodes, can call for service or sets and disarms the system, that occupant is likely to fall into the category of third party beneficiary of the contract and should sign a contract with you, the Residential All in One.
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termination notice
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Ken
Do you have forms for customers that don't pay monitoring costs so I can cancel?
Thanks
Mark
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Response
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Quick answer is, no. Before terminating your subscriber be sure to check your contract with that subscriber and see if it addresses termination and how it's to be done. Even though the All in One forms don't require notice it's a good idea to give it; just make sure it's unequivocal, meaning that you write that your services will be terminated precisely on a date certain and time certain; then be sure you cancel service at that time. You can then send the account to K&K's collection department.
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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
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