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 ****************************** How to handle contract modification, partial activation and delayed full service October 12, 2026 *************************** How to handle contract modification, partial activation and delayed full service *************************** We have a signed agreement with a VIP customer for Alarm.com video services and alarm monitoring. The home is still under construction and does not yet have doors installed, so we are not in a position to activate the alarm monitoring services at this time. The customer would, however, like to activate the video services now while construction is ongoing. Since we would initially be providing only a portion of the services included in the signed agreement, do we need a rider or other documentation acknowledging that the video services are being activated first and that alarm monitoring will be activated at a later date? Additionally, when the home is ready and we activate the alarm monitoring services, do we need another rider or acknowledgment documenting the activation of the remaining services under the original agreement? I want to make sure we properly document both stages without unnecessarily creating a new agreement when the existing agreement already includes both services. anon Concierge Client ************************* Response ************************* You do not need a new agreement. This subscriber has, or should have, signed a Residential All in One, Alarm.Com Rider and a Disclaimer Notice. The existing signed agreement already covers both the video services and alarm monitoring. What you should have is a short written acknowledgment confirming that the customer has requested activation of the video services while the premises remain under construction, that alarm monitoring is not yet being provided, and that alarm monitoring will be activated only after the system and premises are ready and you have accepted the system for monitoring. The acknowledgment should identify the effective date for the video services, state the charges that begin on that date, and make clear that the delay in alarm monitoring does not modify, waive, or replace any provision of the signed agreement. It should also state that the alarm system is not operative and that you have no alarm-monitoring obligations until written activation and acceptance. You should also provide that the “term” of the agreement will commence upon activation of the full system. When the premises are ready, use a second short activation acknowledgment or completion certificate stating the date alarm monitoring begins, confirming that the system has been tested and accepted, and identifying the applicable recurring charges. Again, the document should expressly provide that it supplements the original agreement and does not supersede it. Do not overcomplicate this with a new contract. Use a simple partial-activation rider now and a final activation acknowledgment later, each signed or otherwise reliably accepted by the customer and tied expressly to the original agreement. Until alarm monitoring is activated in writing, do not describe or represent the premises as monitored. This can be addressed by email exchange if getting a form Rider or document signed seems too formal. Just be sure to get approval from the subscriber about partial activation and acknowledgement when full service is effectuated. One other issue to be addressed. You should have an outside date for full service activation, which is when the term of the agreement commences. Careful with the agreement because the All In One likely states that the term starts on the first of the month following execution of the agreement. ************************* 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
