LICENSE QUALIFIER AGREEMENT

December 12, 2012


Security Tech Forum Posted - Send In Your Tech Inquiries For Expert Response

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Question
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Hi Ken,

                Thank you for all you have done and will do for the industry.

                I have my NY alarm license and was offered a position as an employee with Company A who will then subcontract me out to Company B.  Company A will be using my license for all installations throughout several areas of NY.  Supposedly, there will only be a contract between Company A and myself, for the license, releasing me of any negligence in regards to the other installers installations throughout the areas.  Of course I will not be able to inspect their installations for my approval.  My gut is telling me to run, but I would like your opinion on this. Am I overreacting?

D
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Response
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                When you agree to become the license holder for a company you don't own you need an agreement, in writing.  Don't try writing it yourself.  Don't copy it from someone else's deal.  Don't blindly accept a proposed agreement from the company.  You need to be counseled and represented by an attorney who knows the alarm industry.  Call me, I'll tell you where you can find one.  Why?  Because it's your license on the line. 

                Your statement that there will be a contract between you and your employer means nothing to me because I don't know what's in that agreement.  In New York the license holder is responsible for all alarm operations of the company.  All means all.  How that responsibility is handled, and what is expected of the license holder depends on many factors.  The Qualifier Agreement needs many issues addressed.  The "release" is not enough.

                If your company is going to subcontract work then you are going to be responsible for that work as well.  Responsible in the sense that you have license responsibility; you are not going to be personally liable for all loses.


                License holder obligations are not the same in all jurisdictions, so you need to know what's expected of you by the licensing agency.  I you care about your license then protect yourself, which starts with a proper Qualifier License Agreement and continues with your supervisory performance.

                To answer a question that must be on the mind of some, no, there is no "standard" form for this Qualifier Agreement.  Each license statute reads differently and each agreement is going to have its own unique terms.  As the qualifier you can expect your employer to pick up your legal expenses for the agreement. It's worth the investment for both of you.

                Call our licensing department - Jennifer Kirschenbaum, Esq.  at  (516) 747-6700 x 302.  In New York, you can call our Contract Administrator, Eileen Wagda at (516) 747-6700 x 312; Eileen handles the New York licensing issues, under my supervision - because I also have a license to protect.