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Comment on audio recording / Is there a simpler contract
August 16 2023
Comment on audio recording from article on July 12, 2023
          Reading your comment “Just imagine hearing your recorded conversation on a commercial or advertisement.”
          This actually happened to me.  I was attending the local community college and one day our teacher advised there was some folks that would be recording and taking video of class today.  They came to my desk and I asked them jokingly “am I going to be on TV?”, they answered me no.
          Well, to my surprise my friends not long after that day commented they saw me on a TV commercial.
          Come to find out they were there recording to make a Commercial to promote the College.
Terry S
          The real issue is how the audio recording is used, because most of the time people don’t know they are being recorded or eavesdropped and never will know.
Is there a simpler contract
          I have a potential customer who only wants to purchase camera equipment and have us install it. No service agreement and no RMR. After the installation we would only charge them per call when they require any assistance.  They refused to sign the All in One because it was too complicated and covered more than they were buying. I already told them that we cannot proceed without it signed. They wanted to know if there was a simpler contract for a one time Sales with no further obligation (by the security company) other than when they want service. 
          They asked if there was something that they could sign that just shows that they are buying the equipment from us and once its installed and working they would be more or less responsible for it. Other than warranty but they would still have to pay us time and material on a per call basis for service. 
          I noticed you have 2 contracts on your list called "Sales" and another called "Service". I'm looking to get your guidance on this and was hoping that one those contracts would work for this type of situation? 
    Appreciate your help  
Thank you,
          You can get the sales and separate service; you can tell them to sign the All in One; you can tell them to pay me to make it "simpler" 
          The purpose of the K&K Standard Form Agreements is to protect you and every provision, which means every paragraph, sentence and word, is carefully drafted for that very reason; it’s why these contracts are readily accepted by insurance companies, central stations and potential buyers of your accounts.  Of course there are provisions that don’t apply in every transaction, and that’s why there is a check box to select what is included in the deal.  Also, may of the paragraphs start with “If …..service is included then ….”; this is because often not all services are included.
          It might be better to make a vehicle with three wheels; looks sleeker, costs less to make, etc.  But it’s just not as good. 
          You can get the separate Sale Contract and the Service Contract, if this customer is important enough to you.  If not, tell them to sign the All in One or get lost.

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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