KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Thinking about offering PERS / Updated contracts for Concierge Program
January 21, 2021
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Thinking about offering PERS
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Ken
            We are going to start doing PERS in our state only to start. If we add the PERS to a customer with an existing system or if the PERS has security/fire devices added, do I need the ALL IN ONE and PERS agreement or just one or the other?  . 
            If we decide to expand out of state what contract do we use?
Sam
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Response
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            PERS is a general term that usually means "medical alert" monitoring but often means "panic attack" and "GPS locator with emergency alert - medical or non-medical".  If you are providing more than medical alert you are offering security and will require an alarm license in many jurisdictions that license alarm companies.  Strick medical alert is typically not included in the alarm license and few states require a license for medical alert monitoring services.
            Medical alert was included in residential alarm contracts years ago but that practice was changed, probably when alarm licensing became popular and excluded medical alert.  So the medical alert companies didn't have to get licensed.  The contracts were separated too.
            The All in One standard form agreements do not include medical alert.  They can be used for panic and GPS tracking, which are included in the broadly defined PERS - personal emergency response system- definition.
            The PERS Agreement covers PERS; use it.  It comes in a form customized for state by state use.
            Once you decide to offer PERS nationwide you will need the Nationwide Pers Agreement.  Why?  Because consumer laws differ state by state and a single contract form needs to cover all the states in one document.  This is a lengthy document and is designed to be an on-line electronic signature contract, because the length of the contract doesn't matter at that point.  
            If you do medical alert monitoring be sure that your E&O policy doesn't exclude that service.  Medical alert monitoring is really a different business than security or fire monitoring, though your central station is probably expert in handling the different monitoring services; if not, use a central station that does have a specialty in medical alert monitoring.  Check The Alarm Exchange in the central station category.
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Updated contracts for Concierge Program
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Ken
            We purchased your contracts in 2016 I believe and I know they should be updated.  At this time we want to join the Concierge Program and at we are going to update the Fire Protection and Fire Alarm All-in-One.  Since the most attractive benefit to the Concierge Program is the free half hour each month for contract changes and negotiations, will having the older agreements for the residential/commercial All-in-Ones would be a problem for you in advising us?   
Jay
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Response
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            You should join the Concierge Program; all of you should.  If nothing else you should avail yourself of the monthly contract review and negotiation which more than pays for the cost of the program.  A closer working relationship with K&K can only help you and your business.  Locking in K&K on your side as your lawyers will have its advantages for the opportunities you look forward to, and those you hope to avoid but will be glad to have attorneys who know the alarm business legal issues.  So, I encourage all of you to join the program and more importantly, use the program and all its benefits.
            Older contracts prepared by me and still good, just not as good as today's contracts.  Not too different that the intrusion system you installed 20 years ago that still works.  You know your subscriber could have much more in the way of security, modern technology that was unheard of or unavailable 20 years ago.  Well same goes for your contracts; the latest vintage has the most up to date features and "technology" and is worth more - because it's better.  Better for you and your relationship with your subscriber, your central station, your insurance company and your potential buyer when that time comes.  Don't be penny wise and pound foolish.  There are gold standards in the alarm industry when it comes to legal contracts and legal services.  You know where to find the gold.  Stop working with nickel or copper.  See below to join our Concierge Program
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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick here:  www.alarmcontracts.com
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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.
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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