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FIRE PROTECTION CONTRACT ISSUES
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Ken,
    I have a couple of questions regarding multiple-property situations: 
    The first situation involves a property management company.  We do annual fire extinguisher service for a property management company that manages 18 apartment complexes, each of which has different owners.  How should we approach this from a contract standpoint?  Can we do one contract with the management company that covers all properties, or do we need a separate contract for each property?
    The second situation is a multiple-campus medical facility where we inspect extinguishers, sprinklers, and fire panels.  Should there be a separate contract for each location or can we enter into a blanket agreement that covers all of their properties?
JR
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RESPONSE
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    You should be using the Fire Protection All in One, even though you haven't asked about some of the services that the agreement covers.  The Fire Protection industry is just waking up to the fact that it needs contracts for protection and if it wants to get on the gravy train of RMR business model.
    So you have one situation with one agent representing 18 different owners at 18 different sites.  Hard to believe your services and charges are going to be the same for all locations.  Technically you could deal with just the agent, but you need to clear on the relationship.  

  • does agent intend to be liable for the contract charges, or does agent expect owners to be liable?
  • does agent have authority to bind the owners?  That expression or proof of authority must come from the owner, not the agent.

    It would be reasonable to ask the agent for written proof that it is authorized to act for the owners.  You will no doubt find out that the agent expects the owner to pay for your contract, not the agent.  In that case you should invoice the owner.  You need to be careful if you invoice only the agent if you haven't satisfied yourself that the owner has actually engaged the agent and that the agent has not exceeded his authority by contracting with you.  You will need 18 different contracts for this scenario and in each you should name the owner as the subscriber even if the agent signs for the owner.  Your end user is not the agent.
    The medical facility, a single owner, with multiple locations is different.  Here you can use one Fire Protection Agreement and identify the various locations, with services to be rendered and charges to be paid, for each location, on a Rider.  
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DOES CONTRACT REQUIRE A PAYMENT
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Ken
    Someone on our team said that a "contract" is NOT a contract until
money is exchanged.  Is this a true statement?
Anna Tate
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RESPONSE
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    No.  Did I win something?  A contract does not require money to be exchanged to be binding.  Contracts require "consideration" and that's not always money.  Some contracts can be for something to happen in the future.  The only consideration in that case is the mutual promise to perform in the future.  That is a contract and its enforceable.  By the way, tell your team to stick with their day job and leave the legal stuff to me.
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MORE ON LOSS OR NO POWER FROM JANUARY 23, 2017
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Ken,
    Your article about temporary power brings back memories.  When I started in the burglar alarm business, late 70's while in high school, most if not all alarms were battery powered, #6 dry cell batteries.   I remember when you were introduced at the MBFAA meeting (about 1978?) and that was a few years after the industry was starting to use utility power with battery backup.  It sounds like this subscriber needs a good old fashion ADEMCO Model 1000, simple two relay panel, key switch and meter.  If he needs a bell/siren cut-off timer they are available.   
Jeff 
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                                WEBINARS:  Sign up for any or all of the webinars that interest you.
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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.
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Title: All You Need To Know About electronic contracts for the alarm industry
When: February 2, 2017 at noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about electronic alarm contracts, execution and delivery. Introduction to SedonaOffice's eForms service.
Who should attend: Alarm company owners, general managers, sales managers
Presented by: Michael Marks 440-804-4517 SedonaOffice michael@perennialsoftware.com
Register here:  https://attendee.gotowebinar.com/register/6112404321829619713
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Title: All You Need To Know About Preparing Your Company For A Sale
When: February 7, 2017 at 12 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about preparing your company for sale
Who should attend: Alarm company owners
Presented by: Kelly Bond, Alarm Capital Alliance kelly.bond@alarmcapital.com
Register here:  https://attendee.gotowebinar.com/register/8406180190928568833
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Title: All You Need To Know About PERS - Personal Emergency Response Service
When: February 8, 2017 at noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: the state of the PERS industry, demographics here now and ahead, financial and business models, PERS solutions available, mobile PERS and where this will likely end up in the near future. Introduction to Essence-USA 's Smart Alerting and partnership with Affiliated Central Station.
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Josh Locke, Director of Sales Essence-USA.com JoshLo@Essence-USA.com  734.667.5958 cell:  734.709.5609
Register here:  https://attendee.gotowebinar.com/register/2770642138855812865
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Title: All You Need To Know About consumer alarm contracts
When: February 9, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: What makes consumer contracts different and compliance issues.
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Ken Kirschenbaum, Esq.
Register here:  https://attendee.gotowebinar.com/register/9083897168057308673
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Title: All You Need To Know About Automatic Renewal Provisions in Alarm Contracts
When: February 15, 2017 at noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: The why, where and how of automatic renewal provisions in alarm contracts
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Ken Kirschenbaum, Esq.
Register here:    https://attendee.gotowebinar.com/register/3498770624606417921
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Title: All You Need To Know About Video Surveillance
When: February 16, 2017 at noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: Discuss latest in video surveillance equipment and services
Who should attend: Alarm company owners, general managers, sales managers, video technicians
Presented by: Ari Erenthal, training manager for IPVM, the leading resource for independent news, reviews, and testing of cameras, VMS, NVRs, and more. (862) 414-3078 ari@ipvideomarket.info
Register here:  https://attendee.gotowebinar.com/register/6264618512556065793
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Title: All You Need To Know About Selecting the Right Broker to Sell Your Alarm Business
When: February 23, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about finding the right broker to represent you on the sale of your alarm business
Who should attend: Alarm company owners
Presented by: Ron Davis and Steve Rubin from Graybeards rdavis@graybeardsus.com srubin@graybeardsus.com
Register here:   https://attendee.gotowebinar.com/register/8548769256865453057
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Title: All You Need To Know About modern nationwide central station operations and how to select the best central station for your needs
When: February 24, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about what you should expect from your modern nationwide central station and how to select the best central station for your needs
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Morgan Hertel from Rapid Response MHertel@rrms.com
Register here:   https://attendee.gotowebinar.com/register/507826318172222465
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Title: All You Need To Know About Fire Alarm Systems and Taking Over Fire Alarm Systems
When: March 1, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about issues to consider when installing, servicing or inspecting fire alarm and when taking over an existing system
Who should attend: Alarm company owners, general managers, sales managers, technician managers
Presented by: Jeff Zwirn JeffZwirn@alarmexpert.com
Register here:   https://attendee.gotowebinar.com/register/4756737271107996417
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Title: All You Need To Know About Standard Fire Protection All in One Agreement Covering Installation, Inspection, Service of Sprinkler System, Portable Extinguishers, Kitchen Hood, Smoke Detectors, Fire Pump
When: March 2, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about the Standard Fire Protection All in One provisions including scope of work, liability limitations, insurance issues, indemnity issues, how to handle subscribers who won't sign or want you to sign their agreement. 
Who should attend: Alarm company owners, general managers, sales managers, sales staff
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/658147149875346945
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Title: All You Need To Know About Alarm Licensing and Contracts for DIY 
When: March 9, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about licensing in the alarm industry for DYI. Different types of licenses, where you need them and how you get them. How and when to use License Holders or Qualifiers for your business and how to become a license holder for a company. Risks involved in not being licensed. Contract you will need for nationwide DIY monitoring agreements.
Who should attend: Alarm company owners, general managers, compliance managers and license holders.
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/2585168820901654273
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