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retrieving video for free worth the good will? / Available contracts October 11, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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retrieving video for free worth the good will?  / Available contracts
October 11, 2017
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retrieving video for free worth the good will? follow up to article on October 5, 2017
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Ken
    Many of times we get request to go and retrieve video from an incident that the cameras caught 
from the police dept. whether it be theft / robbery / shooting you get the idea. It does cost
us time and money to send someone out, spend hour or 2 plus providing a thumb drive to download the
info. I know some people in the past ask who is paying for our time and as I point out, you build good
working relationships with law enforcement, by doing so we get so many referrals from them;  it pays
off in the long run. As Van from Great White Solutions said (That’s my 2 cents have a great day).
Norm Keinz, President
Security Alarm of Rockford LLC
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Response
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    You might be right, but others may not think the "good will" is enough to justify the time involved in retrieval, explaining and possibly testifying.  To give you the option we have just updated the Standard All In One Agreements to provide that the subscriber has to pay for those services by the hour; you can always waive the charge.
    There is actually another reason to include the payment obligation in the contract.  If you are voluntering your services [especially if not under subpoena] then you might not be covered by the contract provisions, the protective clauses.  You want to be covered in case you make a mistake; erase rather than copy the video.  I'm sure lots of things can go wrong.  If nothing else, remember that no good deed goes unpunished.  I put in an hourly charge of $150 per hour.  Collect it or waive it.
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Available contracts
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Ken,
    Do you have a new All in One contract for:
  • Fire (I have one from five or six years ago)
  • Security (sales, monitoring, service and inspections )
  • Access Control ( for sales, service and hosting )
  • Cctv ( for sales, service and monitoring and maintenance)
Thanks
Eddie
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Response
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    The All in One Agreements have undergo extensive changes since you obtained them 5 or 6 years ago.  In fact the entire format changed in 2015.  Updates, important updates, have been made as recently as last week.  The forms are continuously evolving, just like the fire and security industry.  We've seen the most changes in video. Remote access and interaction was probably not even around when you bought your contracts.  
    You need three contract forms and the Disclaimer Notice [also alarm.com rider if you're an alarm.com dealer].
  • Fire All in One.  This covers commercial fire installation, repair service, inspection and monitoring
  • Commercial All in One.  This covers all security including alarms, cameras, access control
  • Residential All in One.  This covers all fire and security
  • Disclaimer Notice.  Additional form where the subscriber acknowledges system limitations and other issues
  • alarm.com rider.  If you are an alarm.com dealer you have agreed to have your subscriber agree to alarm.com terms and conditions.  This form integrates those terms with your All in One Agreement
  • You can get these and other forms at www.alarmcontracts.com.
    You can read all of our daily emails on our website at https://www.kirschenbaumesq.com/page/alarm-articles  This is a valuable resource we make available to the alarm industry.
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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