KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on expense of contracts and unsolicited contract endorsement  

February 1, 2024
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Comment on expense of contracts and unsolicited contract endorsement
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Ken
          Wow - I could not avoid writing this and you might think I am writing it to you because this letter appears to be addressed to you, but I am not - I am writing to "JFB" who's letter appeared in the January 26th 2024 article.  He said he does not use Kenny Kontracts because they are "A little expensive".  
          Wow again. 
          JFB - You are not seeing the forest for the trees buddy. There once was a day when I had the same mindset as you. Until the day I purchased my first Kenny Kontract. It spun my head around and the first thing I said was OMG - Look what I have been missing!!   I am not lying when I say that the verbiage alone on the very first page showed me how to double my income on my very next sale!!!!  and every sale after that. I have no issue saying that they are an investment that have paid for themselves with real cash in hand. Yes, I used the plural reference when I mentioned the contracts because I do use many of Ken's products. Honestly, I do not update them all as often as Kenny would like and know I’d I sleep better.
          Then when I looked at the second page and the third page my head spun around again, and I said to myself. OMG - Look what I have subjected myself to - AND been unknowingly accepting. Not only am I subjecting myself to it, but also my family who I expect will be taking my business in a few years from now. I have been doing this for many years, at least as long as Ken has. That was way before most any of us knew the value of contractual protection. Most of us start our business without a big bundle to launch with and details like contracts are set out of mind as expensive. I have hundreds of customers and I do have many "legacy customers" from years ago who were not engaged with Kenny Kontracts. I am now working to get everyone signed with, what is without question, the very best thing I ever did for my business. 
          If my family does or does not follow in my business, I know I have done the most I can to maximize the value of my business. 
          Good luck to you and everyone who has the mindset that I once shared with JFB. Now, when I see someone who is not using Kenny's Kontracts, I think to myself "This guy doesn't know the business".  You do not know where your business can go (or go away) until you open your eyes to a Kenny Kontract. 
          (Sincere footnote) Ken pays attention. I sent him an email last night at 8 pm and my purpose really needed no response at all but he wrote me back at 10 pm.   Like WOW again. 
          I wrote to JFB, but I say Thank you to Ken. 
Jersey Jerry
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Response
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          Thank you for taking the time to write in and share your experience.  The Standard Form Agreements are indeed designed to generate sales and business.  By itemizing the services and separately pricing the various services the importance of each service is highlighted and customers understand why they are paying for the services.  The contracts do in fact “pay for themselves”.  I often remark that you should recoup the cost of the Disclaimer Notice on the first sale.
          The importance of proper updated contracts in the security, fire, life safety, medical alert, PERS business cannot be understated.  The ingenuity of lawyers to come up with reasons why you should be held responsible and sued for their client’s loss should not be underestimated.  There’s a reason that every state, every court, recognizes the need for the contract provisions and enforces the provisions; because as a matter of public policy they understand the risks and need for the contractual protection.
          On a more selfish note, stop deceiving yourself with what you think the value of your business is; your retirement plan or legacy.  Ever wonder what you’re going to bring to the closing when you sell, or leave behind?  What’s going to be in the briefcase you bring to the closing; the assets you are actually selling?  That’s correct, your contracts.  So ask yourself, what’s in your briefcase? If it’s toilet paper it aint worth much.  When you hear about the big multiples paid for accounts it’s for accounts with proper contracts, and the bottom line is that there are no more recognized, accepted and valuable contracts than the Kirschenbaum Contracts™.
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STANDARD FORMS  Alarm /  Security / Fire and related Agreements
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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