KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Using Supplemental Rider for changes / Subscriber wants you to sign indemnity agreement 
March 25, 2021
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Using Supplemental Rider for changes
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Ken,
          On numerous accounts we have customers signing up for RMR for their inspections. Many of them are already under contract and being billed for numerous fire and security RMR items.  We don’t want to put all the old items on the new proposal/agreement since they may have just signed recently or, there are numerous items and we do not want the sales person/tech making errors or over complicating it. .
          Instead: We were looking at adding the following clause to the Schedule of Equipment and Services of the new agreement  “All ongoing recurring charges for Monitoring/Service currently under contract will remain in place per the terms and conditions of this agreement.”
          What are your thoughts?  Let us know if you need anything further. 
Thank you,
Name withheld
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Response
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          This is similar to the issue presented last week for add-ons either during installation or shortly thereafter.  The proper form to use is the Supplement Rider, a form which we provide for free when you get the Residential or the Commercial All in One agreement. This form is for changes, adding or reducing, coverage and RMR.  The new RMR services have the same term as the original contract.  We have, upon request, changed that to renew the term to start with each new Supplemental Rider, but most of you think that’s too aggressive.  Our Contract Administrator Eileen Wagda 516 747 6700 x 312 or EWagda@Kirschenbaumesq.com received many calls regarding the Supplemental Rider.  That form was provided when you purchased the All in One and it is not available separately.  If you can’t find the form we sent you when you purchased the All in One then more than likely your All in One needs to be updated – so order a new updated All in One and you will get the Supplement Rider with it.
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Subscriber wants you to sign indemnity agreement
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Ken
          Realty Co forwarded us their Contract Agreement to sign which requires us to indemnify them.
Can you comment on it before we sign?
  Thank you
TL
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Response
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1.  The owner has to sign your standard contract if it wants any after installation services - monitoring, inspection, repair service
2.   Add to paragraph 1 of their indemnity agreement
      "Indemnitor's indemnity obligation is limited to acts by indemnitor while actually on Owner's premises and is not intended to include any damage or loss occasioned by failure of the alarm equipment or services.  Indemnitor's liability shall nevertheless be limited to indemnitor's available insurance coverage"
3.  Add owner and others named in the contract as additional insured on your insurance policies
       You should join the Concierge Program [so I hear from you more often and reduce your legal fees]
https://www.kirschenbaumesq.com/page/concierge.  Call our Concierge Program Coordinator Stacy Spector,Esq for assistance joining the program.  Her info is 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com
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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick here:  www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY
You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
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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