KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Senior living residents contracts
September 6, 2021
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Senior living residents contracts
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Ken,
We use the Residential All in One and the Commercial All in One contracts from K&K. I have the opportunity to take over multiple accounts at a senior living facility. The facility is going to be responsible for payment, etc. for all units. I’m curious how to handle this. Can I use the All-In-One for the property as a whole or do I need to get individual contracts signed by each end user? My thought was a single contract would cover me but this is my first time doing something of this size so I wanted to cover my bases.
Thank you in advance for your help!!
J
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Response
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This situation is not uncommon. We see it in multi-resident facilities, from apartments, HOAs, nursing homes and assisted living, among others. The facility engages you to install systems for each end user. [I am not referring to a facility contracting for a common area system, such as a building fire alarm]. The facility intends to pay for the system and recurring charges for monitoring and service. Then there are two options to consider: 1) if the end user resident is going to be able to request additional equipment and services at that end user’s expense, or 2) is the end user to have no option but to accept the system and service to be paid by the facility.
Then you have another consideration:
a) will the end user have any involvement with the system or service, such that the end user’s personal information is retained by the alarm company, or end user can activate or deactivate and cancel an alarm signal, or
b) is the end user to have no involvement, for example it’s a fire alarm to be installed in the end user’s premises and it stays activated and the end user has no involvement with it.
We see examples of end user involvement when the system is PERS or intrusion, typically. For effective PERS service the central station [assuming it’s not strictly self-monitoring] needs to know who the PERS service is for, sometimes medical history and needs, passcodes to cancel or disregard, etc. Same for intrusion – end user would normally have passcodes and authority to cancel alarms.
Of course when the end user is able to request and pay for additional equipment and services the end user must sign a contract. The type of contract will depend on the service. For PERS it’s the PERS Agreement; for all other residential service it’s the Residential All in One. These contracts will provide that the basic service, whatever that may be, will be paid for by the facility, but the extras, which will be specified, will be paid by the end user.
If the end user has any involvement the system and service, though not paying for it because the facility is paying for it, the end user should sign an appropriate contract. Though you won’t be looking for money from the end user, you do need to be protected in the event the end user suffers a loss and you get sued.
When you have a facility paying for the basic services the facility must sign an appropriate contract, which will be the Fire All in One, the Commercial All in One or a PERS Agreement which will be slightly modified to note that it’s a facility agreement for multiple end users, who will, or will not, be signing separate contracts.
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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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