KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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should you provide service before contract is signed
March 28, 2026
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should you provide service before contract is signed 
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Ken
    Do you have a recommendation as to how we handle new potential customers? Occasionally a new potential customer will request service before we have otherwise engaged them.  Is your suggestion that we have them sign an agreement before we provide service? That seems unreasonable. 
  Michael
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Response
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    Under no circumstances should you perform any service, any service at all, for anyone, who has not executed your contract for the intended services.  Could be a request to monitor for "just over the weekend"; could be "come and do one service call".  Maybe you have a Service Ticket you use.  Do you get it signed before you do the work?  Think it has all that the properly drafted alarm contract has? It doesn't.  Even if you do get your form signed, could the customer say you had them over the barrel and won't do the work without the contract and they didn't have time to "shop" around, or some other nonsense?  They could, and will if they suffer a loss or don't want to pay you.
    Think you're going to get some level of appreciation out of the customer and that they will likely then sign your contract?  Could be; but most likely not.  And the one that won't sign will be the one that has a loss and looks to blame it on you [with your luck].  Never had a problem?  Well perhaps you've heard, "there's always a first time for everything".
    If called in for service call require the customer to sign the All in One with at least the Per Call Service Option checked.  If you learn of a new owner who hasn't, for any reason signed your contract or signed your Assignment and Assumption Agreement, stop service immediately; you don't owe that person any duty and you don't want to create any duty by assuming performance of anything.  
    I know you like to think of yourself as a good guy; doing the right thing.  That's great, but you know it's just possible that "nice guys finish last' or that "no good deed goes unpunished".  If someone, anyone, needs a "favor" then they can start by doing you a favor and agreeing to your K&K Standard Form Agreement, without any changes, even if it's for a month, week year or one service call.  If they won't then it's them that prevents you from doing them a "favor".  
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STANDARD FORMS  Alarm /  Security / Fire and related Agreements.   click here: www.alarmcontracts.com
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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
www.KirschenbaumEsq.com