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add-on equipment after contract signed / cameras and audio in home / February 23, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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add-on equipment after contract signed / cameras and audio in home / February 23, 2017
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*****  And be sure to sign up for tomorrow's webinar:
Title: All You Need To Know About modern nationwide central station operations and how to select the best central station for your needs by Morgan Hertel from Rapid Response
Register here:   https://attendee.gotowebinar.com/register/507826318172222465
When: February 24, 2017 noon EST
See full schedule of webinars below

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add-on equipment after contract signed
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Ken
    We have a monitored residential account that the owner wanted the installer’s code to his alarm panel so that he could add devices that he bought.  I told him that we would not give out the code due to issues that can be created with programming by the end user as well as dispatching on devices that are not accounted for at the monitoring center.  I further offered to program these devices into his system, and asked that after he installed them to call back with the device ID and we will remotely program them from the office.      He was very understanding and a couple of days later he called back and we programmed these devices.  We told him that he needed to test them and we’ll verify the receipt of the alarm.  Unfortunately he never bothered to test them, but we know that they are active because they are programmed into the system and are checking in with the panel.
    Should we have had him sign something exempting us from issues that may arise from this add-on?  We are already in contract with him with the Residential All-in-One, but I’m feeling we need to go the extra mile here under these circumstances.
Thank you,
Dan Z
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Response
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    A contract, even the All in One, is only as good as the paper it's written on.  [as opposed to not worth the paper it's written on].  When you entered into that Residential All in One you listed the equipment and services.  You have nothing documenting the add-on equipment and services.  Arguably the add-on services are not covered by the written contract.  If a loss occurs and it's attributable to the add-on equipment or service you could be without contractual protection.  
    When we sent you the Residential All in One we provided a Supplemental Agreement.  This form would be suitable to the add-on devices and services.  Alternative you could have insisted on a new contract.  You sacrificed expediency for prudence.
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cameras and audio in home
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Ken,
    I have an older customer that has nurses come and go Monday thru Friday. Things have been disappearing. So he wants to put interior wireless WiFi cameras to cover all doors. He has a door in his master bedroom. The camera would only cover the door and dresser.  The camera could be moved since it would be sitting on his dresser. We would have window stickers stating 24 HR audio/ video monitoring on premise.  Do we need any other documents signed? Sticker / Sign in Master Bedroom?
JP
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Response
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    You ask if any other document needs to be signed -- what document do you have signed?  You need the Residential All in One signed and in the Schedule of Equipment and Services you should add that the Subscriber has been advised to use equipment lawfully.  
    You do not need window stickers or signs.  Your subscriber has a right to have cameras on his premises.  The nurses have no right or expectation of privacy in that house, except in the bathroom or changing room - and that means their bathroom and changing room, because your subscriber can have cameras in his bathroom and changing room.  Same for audio if you're in a one-party state because as long as your subscriber is part of the conversation he can consent to the audio interception and recording.  In all party state you could not have audio without the nurse's consent.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
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Title: All You Need To Know About Selecting the Right Broker to Sell Your Alarm Business
When: February 23, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about finding the right broker to represent you on the sale of your alarm business
Who should attend: Alarm company owners
Presented by: Ron Davis and Steve Rubin from Davis Mergers and Acquisitions Group, the 
Graybeards rdavis@graybeardsus.com srubin@graybeardsus.com
Register here:   https://attendee.gotowebinar.com/register/8548769256865453057
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Title: All You Need To Know About modern nationwide central station operations and how to select the best central station for your needs
When: February 24, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about what you should expect from your modern nationwide central station and how to select the best central station for your needs
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Morgan Hertel from Rapid Response MHertel@rrms.com
Register here:   https://attendee.gotowebinar.com/register/507826318172222465
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Title: All You Need To Know About Fire Alarm Systems and Taking Over Fire Alarm Systems
When: March 1, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about issues to consider when installing, servicing or inspecting fire alarm and when taking over an existing system
Who should attend: Alarm company owners, general managers, sales managers, technician managers
Presented by: Jeff Zwirn JeffZwirn@alarmexpert.com
Register here:   https://attendee.gotowebinar.com/register/4756737271107996417
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Title: All You Need To Know About Standard Fire Protection All in One Agreement Covering Installation, Inspection, Service of Sprinkler System, Portable Extinguishers, Kitchen Hood, Smoke Detectors, Fire Pump
When: March 2, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about the Standard Fire Protection All in One provisions including scope of work, liability limitations, insurance issues, indemnity issues, how to handle subscribers who won't sign or want you to sign their agreement. 
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/658147149875346945
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Title: All You Need To Know About Alarm Licensing and Contracts for DIY 
When: March 9, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about licensing in the alarm industry for DYI. Different types of licenses, where you need them and how you get them. How and when to use License Holders or Qualifiers for your business and how to become a license holder for a company. Risks involved in not being licensed. Contract you will need for nationwide DIY monitoring agreements.
Who should attend: Alarm company owners, general managers, compliance managers and license holders.
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/2585168820901654273

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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
516 747 6700
www.KirschenbaumEsq.com
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