KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on yard signs / Using rider for contract terms
August 24, 2019
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Comment on yard signs from August 16, 2019 article
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Ken 
            With regards to yard signs.
            I am in the process of ordering new signs myself. The wording issue seems to come up all the time.  In thinking about my signs, I will have my company name and phone number(s) on it.
The Company name AVD Security Inc pretty much advertises what I am doing at the home or business. 
            How many alarm companies out there don't have Alarm, Security, Protection...in the company name already?
            After all the signs are advertising! 
    My two cents.
Daniel Taylor 
AVD Security Inc
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Ken
            There was a case involving Bayou Security in Shreveport Louisiana at some point in the 90s. I don’t know full details, but there was an unattended car wash that had an office that was monitored. Sign said something to the effect of “property protected by...” and a customer was robbed on site. Sued, and my understanding is she somehow won because of the sign’s wording. I was told this by employees of Bayou Security. I’ve never been able to actually find the case, so maybe it was an urban legend in their company, but what a weird thing to lie about. 
            My signs say “Alarm Monitored By.” 
Thanks, 
Benjamin Simmons 
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Response
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            I looked for but didn’t find the Louisiana case.  Anyone know of any cases where the yard sign was the issue?  I think “alarm” or “security” or “Fire” alarm monitored by Alarm Company is fine.  
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Using rider for contract terms
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Ken,
            I have a question for you.  Do I have to have the Activation Fee and Contract sale amount and tax and monitoring rate amount listed in the contract itself?  Or can I have it listed in the proposal and in the contract i will reference the proposal that will be attached to the contract in the same electronic document?  In the proposal, I can reference the section of the contract that a specific rate applies to.
            Would that be fine? 
Taylor P
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Response
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            The standard All in One form doesn’t have enough room for much information other than the printed terms.  That’s why we provide a Schedule of Equipment and Services.  You are using your proposal as that schedule, and that is perfectly fine.  You can add all the detail and additional terms on the rider, and that includes a payment schedule.
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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