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 white list ken@kirschenbaumesq.com 
************************************

Comments on Is CCTV still the right terminology / More on husband and wife signing / Will KK assist with contract negotiations Schedule Free meeting at ISC / Round Table Discussions at ISC 
February 24, 2020
***********************
Comments on Is CCTV still the right terminology from article on February 15, 2020
***********************
Ken 
            In response to your article: Is CCTV still the right terminology”, I agree that it is NOT.
            We have been doing these systems since the mid 60’s when cameras were the size and shape of shoe boxes. We have changed the description to: VCVS: Video Camera Viewing System”. The covers all type of camera systems, regardless of how they are used or viewed. What do you think?
Keep up the good work…..
Best Regards,
Barry Glick
************************
Ken,
            I agree with your comments on CCTV generally.
            One thing I would add is that, for many years, the term 'CCTV' has been rarely used in the North American industry.   As you describe, the term itself connotes antiquated technology so most industry professionals use 'video surveillance' instead of 'cctv'. CCTV is also the name of China's state broadcaster which can cause further confusion for some.
            By contrast, in the UK, however, the term 'CCTV' is still quite commonly used.
John Honovich
*******************
More on husband and wife signing
*******************
Ken
            Hope all is well
            THANK YOU for your services, emails and documents.
            In the All In One contract, in one of your newsletter emails, I believe you mentioned we should have BOTH spouses (Husband & Wife) sign the contract.  When we have a new residential customer sign the All in One agreement do we we to have both husband and wife sign the agreement?  We always sign the agreement with the one who sets up the service.
            It’s sometime difficult to get them both to sign for whatever reason they have, and it just seems to delay the contract process. We work hard at making it simple for our clients.
            Could we be add:  “On Behalf Of” to one spouse undersign? or something similar…
    What is your suggestion?
Mauricio Pelaez
******************
Response
*******************
            Four scenarios come to mind.
  1.  They suffer a loss and want to sue you
  2.  They stop paying and you want to sue them
  3.  One of them calls and wants you to “lock: the other one out
  4.  You are selling your accounts
            Following a loss they sue you.  Your defense is that the protective provisions of the contract insulate you for breach of contract and negligence.  One of them claims they didn’t sign the contract and therefore the contract is not binding on one of them.  Now you will have the uphill battle [yes, you should prevail] that the non-signor is not a third party beneficiary or, if suing for breach of contract is then bound by the terms of the contract.  A negligence claim should also fail, but again, it would be much easier to defend if both plaintiffs signed the contract.
            They default and you want to sue.  Rest assured that the non-signor will claim no liability on the contract, and they will probably prevail.
            You’re called by one to lock the other out.  You may actually be in better position here if it’s the one who signed the contract who is calling you; otherwise you’re in quite a pickle.  We probably need a new provision in the contracts that deals with feuding spouses.  A 2021 update maybe.
            Particular buyers of alarm accounts may object to buying a contract that names both spouses but has the signature of only one.  
            If you can’t get both spouses to sign you have a few options:
  1.  take the non-signing spouse off the contract
  2.  have the signing spouse sign one personally and again as agent of the other spouse.
 *******************
Will KK assist with contract negotiations
*********************
Ken,
            I have a community/Condominium that is self-monitoring through a AlarmNet Cellular Radio System.
            We established a central station style Alarmnet account for them with their own City and CS ID.  We installed the Bosch Central Station Receiver that outputs the signals to their proprietary software package.  AlarmNet is requiring a new $3mil liability policy.
            I bought the updated contract from you and required the subscriber – Condo Assoc to review it with their counsel;  they wanted me to remove a bunch of stuff to which I have said that I could not.
            In a last ditch effort to retain the account or tell them to go somewhere,  else they came back to me today asking if their counsel can speak to my counsel regarding the contract and the various terms.
            Is this something you are willing to do for me to have him speak with you and explain why these things are non-negotiables?
  Regards,
 Henk Horn
******************
Response
******************
            I spend a good part of my time doing contract change review and negotiating alarm contracts for clients who have our Standard Form Agreements.  Contract change review takes as little as 15 minutes and negotiations generally take 30 minutes to several hours.  I am available only if you have Kirschenbaum ™ contracts.  The reason for that is that I am most familiar with those contract terms and I know they are the terms you need.
            To arrange contract review you should send me the marked up contract, preferably in WORD so I can make comments and changes.  You can get me contact information for the subscriber or its counsel or have them contact me.  Keep in mind that this service is chargeable, so you will either be requested to make an advance payment or you will be invoiced. 
            If you are going to want contract review and negotiations on a fairly regular basis then you are best off joining our Concierge Program.  One benefit of the Concierge Program is a monthly credit of $250 to be used for contract review and negotiations.  Since the Concierge Program only costs $145 a month, this is a great benefit, and of course there are many more benefits to the Concierge Program.  If you want more information on the Concierge Program please contact our Concierge Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304 or SSpector@KirschenbaumEsq.com
*****************

Schedule Free Private meeting while at ISC with Ken Kirschenbaum - still a few open times:
            I am scheduling free meetings at ISC now for March 17, 18 and 19, 2020. The meetings are free and scheduled in half hour increments.  Any issues can be discussed or just stop by to chat.  To reserve a time please contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com.
********************

Round Table Discussions while at ISC, at Palazzo Hotel.  Free to participate.  Space very limited so book now.  Call Stacy Spector,Esq at 516 747 6700 x 304 to reserve your seat.  [other topics may be announced]
***********************
Round Table:  March 18, 2020 at 11 AM.  Join Morgan Hertel, VP of Technology and Innovation, Rapid Response Monitoring and Ken Kirschenbaum for a round table discussion on current state of monitoring including technology and well as outside influencers like minimum wages and privacy laws. 
***********************
Round Table: March 18, 2020 at 1 PM.  Join Mitch Reitman and Ken Kirschenbaum for a round table discussion on Taxes and Corporate issues for alarm companies relevant when selling or buying accounts. 
***********************
Round Table:  March 18, 2020 at 2 PM.  Join Ron Davis and Ken Kirschenbaum for a round table discussion on Selling or buying alarm accounts and RMR issues.
***********************
Round Table: March 19, 2020 9:15 AM  Join Troy Iverson, VP of Sales, Brian Davis, CFO of AvantGuard Monitoring Centers and Ken Kirschenbaum for a round table discussion on the Current state of the Financial/Capital Market Stability in the Security Industry and necessary agreements needed for security companies. (Titian 2202 Meeting Room just off the show floor)
********************* 
Round Table: March 19, 2020 at 1 PM.  Join Sharon Elder, VP Sales, USA Central Station and Ken Kirschenbaum for a round table discussion on the value of quality video contracts and services
************************** 
Round Table:  March 19, 2020 at 3 PM.  Join Bart Didden, Executive Claims Administrator, Security America and Ken Kirschenbaum for a round table discussion on Errors and Omissions Insurance Claims and Risk Management

**********************
To order up to date Standard Form 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.
***********************
 
NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
***********************
THE ALARM EXCHANGEalarm classifieds alarm security contracts

    This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. 
    There is no charge to post a listing here.Include your contact information, phone, email and web site.  If you would like to submit a post, please send an email to ken@kirschenbaumesq.com.  To create a reciprocal link to our website, click here.

************************************************
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