You should know how important it is to have a properly drafted contract and the risks in performing services without one.  But just because you purchase the correct contracts at www.alarmcontracts.com and have your subscribers sign before commencing work, you’re not necessarily out of the woods.  Imagine you’re sued, expecting to rely on the protective provisions in your contract as a defense, just to find out that the contract wasn’t signed by someone with authority and therefore isn’t enforceable.  That is what will happen if you have the contract signed by someone who does not have actual or apparent authority to sign.  For commercial subscribers the contract should be signed by a corporate officer or managing member. For residential subscribers I recommend having the owner of the premises sign it, even though a long term tenant has authority to sign as well.  But neighbors and guests generally don’t have the authority to sign.
                For residential subscribers, authority is not the only consideration when deciding who you need to sign the contract.  Contracts should be signed by the end user of the system and the service provider.  The end user is going to be the one who provides passwords to the central station, calls for service, tests the system, and answers the phone when the central station calls to verify an alarm.  But sometimes the end user will be a tenant of the premises while the owner of the premises is the one paying for the alarm services.  In that situation it is important to have the right person sign the contract.  Why is this important?  Because you want to know who to protect yourself from when trying to contract away liability for breach of contract and negligence.  So you need to consider whether it’s the owner or the tenant that’s more likely to come after you to recover a loss.  Then make sure that is who signs the contract. 
                Other than your own liability, you need to determine who’s liable for payment.  If the end user isn’t the one paying then you need to make sure the contract is also signed by whoever is responsible for paying you.  If the owner is the one who contracts for installation and monitoring and agrees to pay for the services, have the owner sign the contract.  This isn’t to say the end user, the tenant, shouldn’t sign an alarm contract that is also signed by the owner.  There is no need to have separate contracts for the owner and tenant.  But regardless of whether you have them sign the same contract or separate contracts, there will be a provision that the owner is responsible for payments but the tenant is authorized to use the system and services and agrees to the terms of service. 
                Before you decide who you want to sign the contract, you need to know which contracts to use. The Residential All in One  and the Commercial All in One cover the installation, sale, monitoring, service, inspection, as well as other services.  They cover security systems, cameras, ECV, audio, remote access, wireless, and just about everything else.  The Residential All in One also covers fire protection.  For commercial fire alarm subscribers use the Fire All in One.  If you are providing PERS service then use the PERS Agreement.  With all contracts you need to use a separate Disclaimer Notice.
                It’s important that you use the right contracts and that you have the right people sign the contracts.  If you don’t, you are exposing yourself to tremendous liability while also leaving yourself no recourse when your subscribers decide not to pay after you performed service.  For assistance contact our Contract Administrator Eileen Wagda at (516) 747-6700 ext. 312.
Jesse Kirschenbaum, Esq.
Kirschenbaum & Kirschenbaum, P.C.
200 Garden City Plaza, Suite 500
Garden City, New York 11530
T: (516) 747-6700 Ext. 307

                                                                  Webinar Notice

We will be presenting a series of 4 webinars.  These interactive webinars will be presented live and there will be time alloted to questions and answers.  Noted alarm/security/fire expert Jeffrey Zwirn will present these webinars.  There is no chargefor the webinars and I suggest you register as soon as we post the dates.  Might be good time to pick up Jeff's comprehensive Alarm Science Manual: click here to get the book All webinars will be from 12 noon to 1 PM EST

REGISTER TODAY FOR ALL THE WEBINARS [register for each one separately]: 

July 21: Forensic Alarm Expert’s Perspective on Alarm Company Liability: Case Study and Ways To Help Minimize Your Liability
To register click here: https://attendee.gotowebinar.com/register/4964316257839226369

July 28: Connect to Existing System Installed by Others: What Are Your Duties? & Ambush, Panic and Holdup Systems-The Customers Lifeline to Safety and Security or Not?
To register click here: https://attendee.gotowebinar.com/register/2308780172481207809
July 30: Residential Fire Alarm Systems-Life Safety or Fatal Flaws
To register click here: https://attendee.gotowebinar.com/register/8193706153431356161

August 4: Central and Remote Station Monitoring Instructions- Are your instructions safe or foreseeably dangerous?
To register click here:  https://attendee.gotowebinar.com/register/2477406773275103489