KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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what happens at end of lease / data storage provision / sub's address / audio in Mass / ISC schedule
April 3, 2019
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Notice:  ISC West.  Private meeting times are booked.  Concierge Clients should call our  Concierge Program Coordinator Stacy Spector,Esq at 516 747 6700 x 304 to arrange a private meeting and consultation. 
Open Meet and greet schedule at ISC:
Wednesday 11:00 am – COPS booth ; 2:30 pm – Avant guard booth; 3:30 pm – All American Monitoring booth
Thursday 11:00 am – Rapid booth;  2:30 pm – J. Krug booth  
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what happens at end of lease
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Ken
    We’re considering buying the commercial lease agreement. In your commercial lease agreement, what happens at the end of the term? Does the customer own the equipment? Is there an option for us to upgrade the system if they sign a new 5 year deal? 
Matt
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Response
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    The Commercial Lease All in One is popular in some areas, such as New York City. Commercial subscribers like leases because the payments are fully deductible as paid and they feel that the alarm company will be installing the system for less money up front and will keep the system operational. Typically the lease RMR payment is for monitoring, repair service and inspection when appropriate.
    Alarm companies like the Lease because you can get the same money for installation and usually more for the RMR; the alarm company always owns the equipment which gives a lock on the location unless the subscriber wants to invest in a new installation. There are other advantages to the Lease but it's best I explain these other advantages personally rather than on this forum. Give me a call if you like.
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data storage provision
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Ken, 
    I am just reviewing our updated residential All in One contract. Some important additions to this version over our last.
    I note in paragraph 12 that one sentence reads: If data storage is selected service, WSL shall store data received from Subscriber’s system for one year.
    I am not sure if this is some kind of requirement, but our experience with remote data storage is that the length time the data is stored is highly dependent on the third party vendor that we are using (usually Total Connect or Alarm.com)
    Would this wording be acceptable?: 
    "If data storage is a selected service, WSL shall store data received from Subscriber’s system as specified by the third party vendor, limited by time or by capacity."
Thank you, 
David
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Response
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    You can change the wording as you wish, but it would be better to check with your third party vendor to find out its policy and then change the contract accordingly.
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sub's address
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Ken, 
    About the address on the All in One, I'm not an expert, but I always put the location address on the first page and the billing address on the last page with the signature. Hope that might be helpful to someone. 
name withheld
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Response
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    I did need to make a change on the All in One front page layout to make room for the address where the system is to be installed and the subscriber's address if different than the installation site. Usually it's the same address, but not always. Fill out the contract carefully.
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audio in Mass
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Ken,
    I’ve been asked by a customer to offer audio recording on the interior of their facility in conjunction with a camera system. It’s always been our interpretation of mass law that it’s illegal to record audio even with signage posted to indicate that audio and video recording were in process.     The customer was surprised when I informed him on our stance for not installing audio recording as he figured it was legal. He indicated that they have audio and video recording equipment in the school buses that they operate and figured it would be no different to bring that same technology into the facility.
     My question is the legality of is installing audio recording equipment in Massachusetts and the second is it illegal for them to record the audio in the bus as he also asked me that question.
    The new cameras that we are installing have microphones integrated in them and we have reached out to the manufacturer regarding the ability to permanently lock out the feature. I’ve read articles you’ve posted and seem to read that if we turn it off on the install and the owner turns it on we’ve done our job and they are responsible for the ramifications of any were to arise in the future but I’d rather not take a chance if it’s possible to lock it out. 
‚Äč    We use your contracts so I know we’re covered but I’d love to avoid any issues all together.
    Thanks for the contracts we use. They protect our company and will make it easier to get a better multiple when we sell our company some day.
Matt 
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Response
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   The All in One protects you and requires the subscriber to use the systems lawfully. Mass is an all party state - everyone must consent to audio recording. It's up to the sub to use the systems lawfully by getting consent from all parties. Schools, if not exempt, can easily get consent in authorizations to ride bus or come into a school for activities.
   You can install the equipment. It's up to the subscriber to use it lawfully.
   You are correct that using the Standard Form Agreements will add equity to your business. No question about it.
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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