KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** challenges to indemnity provision /schedule meeting at ISC February 25, 2026 **************************** schedule meeting at ISC ***************************** You should have planned your trip to Las Vegas for the ISC West 2026 show; hopefully you have time to spend and meet with your attorney. I'll be at the Palazzo scheduling meetings at the Prestige Lounge. To book time for free consult contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com. Concierge Client can also contact the Concierge Program Coordinator, Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. *************************** challenges to indemnity provision **************************** Ken, I’ve got a customer disagreeing with section 23 of the All in One commercial security agreement. This is what they had to say: “On the indemnity clause, the current language requires the subscriber to defend and indemnify Alarm Co even in cases involving Alarm Co’s own negligence. Can we revise this so that each party is responsible for its own negligence? This is a standard, balanced commercial approach.” How do we avoid getting into a sticky situation here? Thank you, Ean *************************** Response **************************** Requiring the subscriber to indemnify you is a staple in all the K&K Contracts, and it's ubiquitous in most alarm / security contracts. The problem is that this provision is routinely challenged by subscribers who read the contract carefully. You should note that the indemnity provision is usually on the checklist by your E&O carrier, your central station and cautious potential buyers of your accounts. Removing or changing the provision reduces the protection in your contract. But, there are other sufficient protective provisions that you can rely on so that you can safely strike the indemnity provision. Your challenge is when the subscriber wants to strike or change more than the indemnity provision. Now you have a problem because you should not be willing to significantly alter the allocation of risk in the contract, and that what you will do if you change too many provisions in the K&K Contracts. You should not be making modification to the K&K contracts without proper legal guidance, and the best, most efficient and most cost saving way is to join, and use, the Concierge Program. One of the most popular benefits is a free half hour contract review and negotiation. If you do decide to go it alone keep a few thoughts in mind. A mutual indemnity makes no sense to me; don't entertain it. I'd prefer to remove indemnity altogether in the contract. As I've opined in previous articles indemnity may add some benefits for third party claims, but the contract already covers breach of contract and negligence on your part, and that's the exposure you should be most concerned about. **************************** STANDARD FORMS Alarm / Security / Fire and related Agreements. click here: www.alarmcontracts.com *************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
