It's always interesting to read an author that you can feel some affinity.  Security industry veteran and alarm guy Jay Stuck has written his second George Dreme hypochondriac hitman novel, called Fever Dreme. As a special for readers of this forum Jay is offering his new book on December 10 and 11th for free download.  Here's the link: http://www.amazon.com/FEVER-DREME-GEORGE-THRILLER-ebook/dp/B015LJUYE6

     Jay’s experience in the security industry is reflected in the books, especially when he writes about camera technology.  
     “My character is very familiar with camera technology, as well as its limitations, and uses that to his advantage.” 
      “I’ve tried to create the anti-James Bond character,” says Stuck.  “He’s smart and relatively sophisticated, but rather than killing super-villains in underwater mega-fortresses with a blond on his arm, my character illustrates the unglamorous, unromantic side of killing.  It’s a dirty, ugly business conducted by psychopaths and sociopaths.  Some of whom are actually very witty once you get past their vocation.”
     Jay says that he also concentrates on the boring aspects of a hitman’s job like surveillance.    Jay Stuck’s first book in the series is Bad Dreme which he previously offered on here for free. 
His book website is: www.Georgedremethrillers.com.
    We have been using your contracts and we get a lot of objections on the Indemnity/Waiver of Subrogation and Exculpatory clauses for the attorneys of our subscribers.  The common response is that we – as the alarm company- should be indemnifying them – the subscriber.  What should my response be?  I typically state that we use industry standard contracts.  It doesn’t usually work and we have had to walk away from jobs.  Do you have a better response.
Laurie Kenney, Comptroller
International Built-In Systems, Inc.
Albany, NY 12205
    You shouldn't be losing jobs because of the contracts, at least not those jobs you really want.  The Standard Form Agreements are designed to provide the best contractual protection you can have through written agreements and provide the most value to build equity in your business.  To the extent that you don't use the Standard Form Agreements or modify the agreements from time to time for demanding subscribers, you dilute the form's effectiveness to provide the contractual protection and equity value.  It's a business judgment you have to make.  How much risk are you willing to accept for a particular subscriber.
    That risk may take the form of installing at a reduced price hoping to recoup investment over the long term agreement, and then permitting the subscriber to cancel at any time or in less time than you need to recoup your investment.  The risk may take the form of eviscerating the protective provisions in the agreement and hoping that your subscriber doesn't have a loss for which it or its insurance carrier sues you.  Or you may have a lucrative RMR agreement and trade off the immediate cash flow for a provision that permits early cancellation, thus reducing equity.
    Your company spent a lot of time learning how to sell and install the systems and equipment.  Plan on taking just as much time learning how to work with and sell the Standard Form Agreements.  While a shrug of the shoulders and statement that "my lawyer prepared the contracts and our insurance company requires that we use them and they are "industry standard forms" may work with many subscribers, it may not.  
    You cannot have this attitude with the contracts:  

  • You can fool some of the people some of the time
  • You can fool all of the people some of the time
  • You can't fool all of the people all of the time.  [Lincoln or maybe Bob Dylan]

    The attitude you should have is:

  • Alarm and security equipment are not full proof preventative measures, but do reduce risk
  • Alarm companies do not assume or accept liability for subscriber losses caused by equipment or human failure
  • Alarm companies are able to offer their services for reasonable rates precisely because of the exclusion of liability
  • We live in a litigious society and alarm companies can't afford to be involved in every lawsuit when there is a loss
  • I'm not sure what the contract says, but it's written in clear language and you should read it
  • It's standard industry form used by all alarm companies in this exact form or similar form

    You can make some modification to the protective provisions, but until you are comfortable with the changes that can be made I suggest you engage me to discuss the contract terms with your subscriber.  If it's not worth engaging me then it's not worth talking to the subscriber about the changes; pass on the job.
    Get updated All in One forms on line at www.alarmcontracts.com or call our Contract Administrator Eileen Wagda at 516 747 6700 x 312.