For the last few years I am providing central station monitoring to a restaurant that had changed its owners and its entity from the time the original alarm system and smoke detector were installed.
    On two recently events the central station dispatched the fire department, Since at time the place was closed and there was no sign of fire the FDNY fined the customer with a $1000 on the first dispatch and $5000 on the second dispatch.
    The customer is trying to fight the fines and he is requesting that I to provide him with a letter stating that I have removed the smoke detectors.  I am not authorized to engage in the business of fire alarm in NYC. 
    Will I be incriminating myself by providing my customer with such a letter?
    Or is there any way I can help my customer to fight the fine?
    The customer stated the he is not obligated to have a smoke/ fire alarm at the restaurant.
    I don't think a letter from an unlicensed alarm contractor is going to carry much weight.  Taking fire alarm advice from your subscriber isn't too smart either.  In NYC there is only one kind of commercial fire alarm - approved by the FD.  To monitor the alarm gets a Terminal Number.  While it's true that not every commercial establishment requires a fire alarm, once you put it in it must comply with NYC FD requirements.  Despite the NYS alarm license, it doesn't apply to fire in NYC.
    If you had a Commercial Fire All in One Agreement it would specify that you are not responsible for false alarms.
    Your customer can try getting its fire alarm approved and then might be able to negotiate a reduced fine.  You're not going to be able to help, unless you follow my next advice.
    The best way you can help this subscriber is to refer it to a properly licensed fire alarm company.  
    In response to John Yusza’s comment about withholding training for fear of someone becoming competition, Richard Branson said it best: “ Train people well enough so they can leave, treat them well enough so they don’t want to.”
Roy Pollack, CPP SET, Director of Training and Licensing Compliance
Comcast/Xfinity Home
Wellington, FL
    We have a customer that has signed our Service Agreement. They are now
asking for us to sign there Hold Harmless agreement.  Could you confirm if this Hold Harmless request from the customer conflicts with the standard service agreement and would it void out our contract in any way? This seems to be a new thing we are being asked to do more
frequently now.
(all blank spaces in contract body are to bear the contractor's name)
To the fullest extent permitted by law,  ______________ shall indemnify,
hold harmless and defend ______ against any and all losses, claims, actions, demands, damages, liabilities or expenses including but not limited to attorney's
fees and all other costs of defense, by reason of the liability imposed by law or otherwise upon _____ for damages because of bodily injuries, including death, at any time resulting there from, sustained by any person or persons, including ____________________ employees or on account of damages to property, including loss of use thereof, arising directly or indirectly from the performance of ____________________ work or from any of the acts or omissions on the part of ____________________, its employees, agents, representatives, materials-men, suppliers, and / of subcontractors. If such indemnity is made void or otherwise impaired by any law controlling the construction thereof, such indemnity shall be 
deemed to conform to the indemnity permitted by law, so as to require
indemnification, in whole or in part, to the fullest extent permitted by law.  
____________________ shall strictly observe and comply with all safety
laws, rules, and regulations (included but not limited to the Federal Occupational Safety and Health Act, the New York Labor Law, and all regulations promulgated pursuant to such laws) and to provide such protection as necessary to protect its workers and the workers of other contractors in the event that additional safety measures are 
required. ____________________ agrees that it will install or procure such additional safety measures at its sole expense. To the fullest extent permitted by law,
Contractor shall hold harmless, indemnify and defend ______ l against all losses claims, fines or expenses, including but not limited to attorney's fees, resulting from the
enforcement of these laws and for related acts of its officers, employees, subcontractor, suppliers and materials-men.  The indemnity provided by requirements contained herein shall be in addition to and not in limitation upon any rights of common law indemnity.
    The Standard All in One forms require the subscriber to indemnify the alarm company.  Obviously if the alarm company signs a competing document agreeing to indemnify the Subscriber there is a conflict.  The conflicting indemnity provisions may cancel each other out or one may be determined to be superior, controlling.  Questions of fact, which may include intent of the parties, last document signed, wording in each agreement.  It's bad practice.  I know some alarm industry attorney, and plenty of non alarm industry attorneys, think it smart idea to "cross indemnify" each other.  It's not.  It's just dumb.  Don't do it.  If you decide to indemnify your subscriber you better back yourself up with insurance to the limits of your exposure, or at least make sure your attorney has enough malpractice insurance to cover your loss.