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 ****************************** Alarm co wants to know about deleting certain contract provisions June 6, 2026 ************************* Alarm co wants to know about deleting certain contract provisions ************************** Ken Subscriber wants to delete the following three paragraphs; Can we do this and still rely on other provisions? * Indemnity/waiver of subrogation rights/assignments * Exculpatory Clause * Insurance/Allocation of Risk Sally ************************** Response ************************** The response this alarm company received from me was concise: "no" This inquiry came from a NON-Concierge Client, so I also added to my response: "I strongly suggest you join the K&K Concierge Program which was designed especially for these questions. You can call or email us any questions or issues regarding our contracts [or any legal matters we handle]. I am certain that you will benefit by our advice and guidance and that you will save a lot of money by joining the Concierge Program. https://www.kirschenbaumesq.com/page/concierge This type of question would get a personal response for Concierge Client. For a non-concierge client a response would be in the newsletter if I used the question in an email article in our newsletter." So here's the article and here's the expanded response. There are a number of "protective provisions" in the Standard Form Agreements and it's true that you don't need all of them for contractual protection. That blanket statement however needs to accompany this advice, that any changes in the Kirschenbaum Contracts TM will diminish the effectiveness of the contract, though you still might have the contractual protection when needed. You should not be deciding what changes to agree to. Altering one word can change the entire context and protection of the provision. What you need usually depends on the type of system you are installing and type of services you will be providing. With the Concierge Program you get one free half hour per month for contract review and negotiation. And of course all the time you need is available and you will also get a 10% discount on legal fees billed hourly. You need the advice; yes, you too. It's affordable and will encourage you to get the advice you need. Sure there are going to be times when you will decide to take a great risk hoping the customer offers exceptional opportunity, but you will know the risk you are taking so you can make an intelligent decision, thinking with your head instead of something else. Indemnity is often waived and I prefer it to "mutual indemnity", which I confess I don't understand how it works, because I think it doesn't. But you need to be careful what words you are striking from the agreement, because it's not the entire paragraph. Waiver of subrogation is sometimes waived, but not often and never if other protective provisions are also being waived. Assignment is more of an economic business decision because it will be more difficult to sell that contract in a bulk deal and it may also make collection efforts more difficult. The Exculpatory Clause is often modified, but rarely waived, particularly after-install services. Insurance Procurement Provision can be modified, but again it depends on what else you are striking from the contract. You providing additional insured coverage has to be modified or rejected altogether. You only need to make one mistake; remember that. ************************* 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
