We sold a fire job and the company has requested that we sign its agreement.  We have asked the company to sign our Fire All in One Agreement.  What is your thought on this matter?   Does one supersede the other?  This situation is becoming a frequent one. 
Thank you! 
    The single most significant difference between the subscriber's form agreement and your Fire All in One is going to be the indemnity provision.  There are many other important differences and issues, but this is the one that catches all the alarm company owner's attention and raises concern.  
    You should not agree to indemnify your subscriber using the subscriber form agreement.  It is going to be broadly written and widely interpreted.  You should not put yourself in the position of your subscriber's fire insurance company, and that's pretty much what the indemnity provisions in the subscriber forms accomplishes.  You would need to beef up your E&O insurance, and you won't be able to get enough coverage.  A fire could cause significant property damage, personal injury and loss of life.  How much insurance can you get?  Or, after the lawsuit, "what's in your wallet"?  Answer might be "nothing".
    The Fire All in One, like the other Standard All in One Agreements contains the necessary provisions you need for the services you will be performing.  These contracts are specific to the service and not a generic form that a subscriber would use for every contractor it engages to perform work on the premises.  Your first clue when presented with one of these forms is to ask if it's the same form the subscriber uses when engaging a cleaning company.  The services and attendant risks should be apparent.  
    Your All in One Agreements are going to have

  • provisions detailing your duties
  • exculpatory clause
  • limitation of liability provision
  • indemnity requirement
  • insurance procurement provision
  • waiver of subrogation provision
  • lots more

    If you are thinking that you have a contract that has all of the above, think again.  Unless you have the Standard Form Agreements you don't have the same wording in your contracts.  Calling a paragraph something doesn't make it so; it has to be written correctly and that means precisely.  The problem of having your buddy lawyer or family lawyer or another "alarm" attorney write your contract after copying the Standard Form Agreements or some other alarm agreements is that they will need to make changes in the wording, and that's where you get into trouble.  Unless your lawyer is drafting, reviewing and negotiating alarm contracts on a daily basis it's not likely that the changes are going to make your form better.  We are getting close enough to new the new year; it's time you get with the contract program or update your contracts.  In another few weeks your going to have to wait a few weeks to get your new contracts from us.  Review your forms today, see what we have available on our Order Form at www.alarmcontracts.com and order today on-line or contact our Contract Administrator Eileen Wagda at (516) 747- 6700 0 x 312 for more information and assistance.