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 ****************************** Providing PERS to customer’s employees / More comments on customer losing insurance / ISC meetings March 1, 2023 ************************ Providing PERS to customer’s employees ************************* Ken I have a large corporate customer and I am quoting for mobile panic/PERS. They want to provide this to their employees. I know I need to buy your Nationwide PERS Agreement but does this corporation incur liability if it provides employees this service as a perk? I want to make them fully aware of the impact if any. Kevin ********************* Response ********************* The employer will need to describe the service properly and of course mention that the expectations and limitations of the device is more fully disclosed in the User Agreement which each participating employee will need to sign - that will be your contract [which in this case will be terms and conditions - probably electronic]. If you contract with the employer in your state we may be able to use just the single state PERS Agreement. It's the employer you are contracting with not the employees who may be all over the country. The doc signed by the employee for use may end up being the employer's doc, not yours, though you would have to approve the form to be signed by the employee. There are a few variables that I think would make a difference whether each employee had to either sign a PERS Agreement or sign consent to Terms and Conditions of use of the device and service. If the employee can access a portal and enter any data then agreeing to terms and conditions will be required before access to the portal is permitted. If the employee is not entering any data [and I’m not sure how that would work since the employee would be moving around with a device that activated a panic but the central station would have no information to provide unless the employer provided that personal information for the employee. I think this works better with employee having access to the portal or at least be the one approving the personal information needed by a central station. By the way, you will need an alarm license in the state where the employer is located if only the employer is signing a contract. If employees are accessing a portal then you may need a license in those states to provide the monitoring. Keep in mind this is not medical alert but panic [security] monitoring. You should not be giving the employer any legal advice. You have your own butt to worry about. ************************* More comments on customer losing insurance from article on February 14, 2023 ****************************** Ken, Cynthia Branen-Hart’s comments were spot on. I run into exactly those sales situations all the time, and have been for nearly forty years. It’s scary. I’ve walked away from many potential customers who insisted I add “a couple of smoke detectors – just in case.” Fortunately, I’m not aware of any loses due to fire, so I’m not sure what the insurers would have done. The only insurer I know that universally requires fire and burg alarms is Chubb, and I know from a friend who used to be their lead fire inspector that they won’t pay if the customer hasn’t installed what they required. Best regards, Dave Colter CEO Northmark Security & Communications LLC ********************* Another comment *********************** Ken Thank you for sticking up for the alarm companies and salespeople. Business owners know the difference between a burglar and fire alarm. Their wallet doesn't. A Rabbi told me: “When you die you don't know you’re dead. Only others feel the pain. The same thing happens when you’re stupid... Robert K. Rosen Century Electronic Alarm Systems, Inc ************************** ISC West group and private meetings ********************** It’s time to prepare for ISC West at end of March. I am going to schedule group discussion meetings and private meetings. To reserve a spot at a group or private meeting please contact Stacy Spector,Esq. 1 516 747 6700 x 304 or SSPector@Kirschenbaumesq.com, K&K’s Concierge Program coordinator [you don’t have to be a Concierge Client to reserve a spot]. Topics, private meetings and schedule are TBD. I will be available for private meetings and consultation. I will also coordinate and attend, if you like, private meetings with some of those who will be participating in group discussion meetings. Anyone who wants to lead a group discussion or have ideas for a discussion should contact me to be included in the schedule. The following are some of the group meetings I am planning [and will coordinate private meetings with these industry experts] Still time for lenders, brokers, consultants, central stations and other vendors to sign up schedule private or group meetings. We will coordinate. Call Stacy today 1 516 747 6700 x 304 * What buyers look for and how they evaluate your business. Meet one of the most active buyers of central stations, alarm companies and alarm accounts paying the highest multiples. * How lenders view your company and decide on financing your business or your acquisition. Meet one of the most active lenders in the alarm industry * How the value of your alarm RMR is calculated and how non-RMR is calculated. Meet one of the most knowledgeable tax and business consultants in the alarm industry * What you should expect from your central station and what you can expect at the top central station in the business. * Employee Retention Credit: meet with tax expert to discuss if you’re eligible * Alarm contracts: which ones you need and which ones you should have. Group or private meeting with Ken Kirschenbaum * Buy-Sell deals: Thinking about or ready to sell? Meet with Ken Kirschenbaum to discuss best ways to increase value and get ready to sell or buy. * AIN buying group. Meet with Stan Matysiak in group or privately, time well spent * Brokers: discuss options and what to expect * Thinking of selling: Discuss multiples and what your company is worth * E&O coverage: What's available; what do you need; where to get it ********************* STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* 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 / 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. ************************** 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
