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questions on Commercial Fire All in One / unreasonable subscriber liability demands / Free Book offering February 20, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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questions on Commercial Fire All in One / unreasonable subscriber liability demands / Free Book offering February 20, 2017
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DONT MISS our next WEBINAR on February 23, 2017 - STILL TIME TO REGISTER AND ATTEND    All You Need To Know About Selecting the Right Broker to Sell Your Alarm Business
Register here:   https://attendee.gotowebinar.com/register/8548769256865453057
When: February 23, 2017 at noon EST
Presented by: Ron Davis and Steve Rubin
See full schedule of webinars below

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questions on Commercial Fire All in One
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Ken,
1. Do we have to leave the title of the contract and your copyright info in the upper left hand corner on the contract?
2. On the fire all in one contract there is a line that says "Check if Communication System, consisting of software, radio, cellular...".  On a monitored customer owned system, none of the hardware remains ours, the software could mean how the panel is programmed with the zone information, which remains on cancellation, or does it mean our central station information?  If it does mean our central station information, can we just say that instead of all the rest?
    I would like to remain
anonymous out west
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Response
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    You can remove the copyright information if you like.  We now have records of what and when you purchased the contracts so if you inquire we'll know if you need updates.  You can also change the name of the contract; I suggest you have each contract "titled".  
    Retention of "communication system", including software, is designed so that you can reprogram or discontinue monitoring service because it's your property.  It's valued in case you want to force sell it to the subscriber.  You can omit that provision if you like or modify it as you wish.
    The Standard Form Agreements provide that all programming remains the Intellectual Property of the alarm company, so retention of the communication software may not be necessary, except where there is a default by the subscriber and the value is included in the damages for breach of contract.
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unreasonable subscriber liability demands
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Ken
    We have been dealing with subscriber's custom contracts and varying additional insurance requirements for years. It's only getting worse. I have even seen some with a personal guaranty.  I turn them away and have seen my commercial fire service dwindle in the process. I have offered to have Ken negotiate a middle ground after explaining the actual ramifications of the contract they want signed. In effect, I am providing free commercial fire insurance with every single purchase.  I have never had a person agree to this, sign it or we will look for someone else. They know what the contract says or they don't care. Thankfully we have many customers that have either reasonable agreements or will sign our own! And luckily their are other avenues of revenue.
Anon in FLA
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Response
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    Every successful alarm company doing commercial work, fire or security, is going to be faced with having to sign the subscriber's form agreement which it presents to all vendors.  You will be required to provide insurance and indemnity;  you will be taking great risk in doing so.  You will have to walk from some jobs, incur expense obtaining additional insurance coverage for other jobs, and risk your entire company by taking other jobs.  
    There are a few steps you can take to minimize these situations.  Start with your Standard Form Agreement.  Present that first.  Any subscriber with a brain will be able to see that your agreement covers numerous issues not addressed by the generic form used by the subscriber for all its vendors.  Try to negotiate terms from your agreement, not the subscriber's form.  If you hit a roadblock but the subscriber is willing to continue talking about it then you can ask if your counsel can talk to the subscribers.  I end up talking to a few subscribers a week and I have a pretty good track record of saving the job and getting the alarm contract signed.  [I'll only support our contract forms so don't bother asking me to review and get your form signed if you didn't get it from me].  
    I think you need to try and save the jobs rather than just walk or run from them.  Residential jobs may be different.  If your business model is mass marketing, signing up loads of new subscribers, then you don't have time or incentive to make changes to the Standard Form Agreements.  Protracted negotiations don't make sense when you're installing an alarm at a loss and charging $20 RMR.
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Free Book offering from fellow alarm company colleague
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    Alarm guy Jay Stuck has published his third thriller, Sweet Dreme, on Kindle.  As a special for my newsletter readers, Jay is making it free on Kindle from February 20 through Feb 23.  Save link until then
    George Dreme's third action thriller finds George in big trouble. Seems his CIA handlers are not happy that he went rogue. Our favorite hypochondriac hitman manages to shoot up a department store, pose as a "roady" in Nashville and winds up in South Florida in the middle of a hypochondriac's worst nightmare. It's just another errand for our sarcastic, funny and germ-hating anti-hero, and let's not even discuss the monkeys. Time for the usual colorful characters and lots of shoot 'em up action. George Dreme is back in a ripped-from-from-the-headlines scary thriller!
    Here is the link for the free book.  
    https://www.amazon.com/Sweet-Dreme-Jay-Stuck-ebook/dp/B01M6E5AG6/ref=pd_cp_351_1?_encoding=UTF8&pd_rd_i=B01M6E5AG6&pd_rd_r=Y3KG4V78PK4YVKJ2MFZ8&pd_rd_w=mgQm6&pd_rd_wg=ccZww&psc=1&refRID=Y3KG4V78PK4YVKJ2MFZ8
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                                WEBINARS:  Sign up for any or all of the webinars that interest you.

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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.

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Title: All You Need To Know About Selecting the Right Broker to Sell Your Alarm Business
When: February 23, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about finding the right broker to represent you on the sale of your alarm business
Who should attend: Alarm company owners
Presented by: Ron Davis and Steve Rubin from Davis Mergers and Acquisitions Group, the 
Graybeards rdavis@graybeardsus.com srubin@graybeardsus.com
Register here:   https://attendee.gotowebinar.com/register/8548769256865453057
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Title: All You Need To Know About modern nationwide central station operations and how to select the best central station for your needs
When: February 24, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about what you should expect from your modern nationwide central station and how to select the best central station for your needs
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Morgan Hertel from Rapid Response MHertel@rrms.com
Register here:   https://attendee.gotowebinar.com/register/507826318172222465
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Title: All You Need To Know About Fire Alarm Systems and Taking Over Fire Alarm Systems
When: March 1, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about issues to consider when installing, servicing or inspecting fire alarm and when taking over an existing system
Who should attend: Alarm company owners, general managers, sales managers, technician managers
Presented by: Jeff Zwirn JeffZwirn@alarmexpert.com
Register here:   https://attendee.gotowebinar.com/register/4756737271107996417
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Title: All You Need To Know About Standard Fire Protection All in One Agreement Covering Installation, Inspection, Service of Sprinkler System, Portable Extinguishers, Kitchen Hood, Smoke Detectors, Fire Pump
When: March 2, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about the Standard Fire Protection All in One provisions including scope of work, liability limitations, insurance issues, indemnity issues, how to handle subscribers who won't sign or want you to sign their agreement. 
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/658147149875346945
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Title: All You Need To Know About Alarm Licensing and Contracts for DIY 
When: March 9, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about licensing in the alarm industry for DYI. Different types of licenses, where you need them and how you get them. How and when to use License Holders or Qualifiers for your business and how to become a license holder for a company. Risks involved in not being licensed. Contract you will need for nationwide DIY monitoring agreements.
Who should attend: Alarm company owners, general managers, compliance managers and license holders.
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/2585168820901654273

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THE ALARM EXCHANGE

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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
516 747 6700
www.KirschenbaumEsq.com
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