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 ****************************** Does subscriber need to sign two copies of contract and retain one October 10, 2026 *************************** Does subscriber need to sign two copies of contract and retain one *************************** Ken, Does a customer need to sign the customer agreement that we leave with them in addition to our copy or is it sufficient to only have them sign our copies? Thank you Bryan B ************************* Response ************************* Borrowing from a famous observation by Blondie in The Good, the Bad and the Ugly, there are two kinds of subscribers: those who have a copy of their contract and those who don’t. [Blondie—Clint Eastwood—said: “You see, in this world there’s two kinds of people, my friend: those with loaded guns and those who dig. You dig.” Tuco—Eli Wallach—also had his own version: those “with a rope around their neck and the people who do the cutting.”] In the alarm industry, when it comes to contracts, there are a few ways to adapt those astute observations: * There are two kinds of people: those who require a fully executed contract and those who don’t. * There are two kinds of people: those who properly execute a contract and those who don’t. * There are two kinds of people: those who can enforce the contract and those who can’t. OK, enough of that vital information. Consumers must receive a fully executed copy of the contract. That requirement applies in every state. Commercial subscribers generally do not have the same statutory protections, so failure to give a commercial subscriber a fully executed copy may not, by itself, be fatal to enforcement. But why take the chance? You need an original or copy of the fully executed contract, and you need to keep the complete contract where you can find it. You’ll need it if you have to enforce it or want to sell it. Enforcing a contract boils down to getting a court to accept it in evidence and proving that it was properly executed. The contract and its execution may also have to pass muster if reviewed by an AHJ investigating your contracting practices. That could be a licensing agency, attorney general or consumer agency, any of which may have authority to void contracts en masse and shut you down for, among other things, deceptive business practices. That’s one reason to be careful with your contracts and how they are executed. The other is that one day you may want to sell them. You’ll have a hard time selling something you don’t have, can’t find or can’t explain how it was executed. The multiple offered for your accounts will plummet, perhaps all the way to zero. Pretty dumb to put yourself in that position. Use the proper Kirschenbaum Contract for your subscriber and services to be rendered, execute the contract properly, be sure to get all the other documents signed when required, such as a Cancellation Notice of receipt from the subscriber that you provided a fully executed copy of the contract. K&K provides you with the proper forms, you just need to get them signed. ************************* 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
