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 ****************************** Is there cancellation form for early termination April 16, 2022 ********************* Is there cancellation form for early termination ********************* Ken, Can you discuss the availability of some sort of cancellation form we can use when we have exhausted all options on a customer and want to just let them go? Is there something with specific language to prevent any negative postings / reviews etc in exchange for early release of an agreement? I am unaware of any such form but hope you can advise or point me in the right direction. Name withheld ********************* Response ********************* Good question and it raises a few interesting issues. There really is no early termination in the Standard Form Agreements. The contracts are written with a specific term, length of contract, with month to month renewal. Cancellation by the subscriber, without penalty, is only available prior to a month to month renewal, but most certainly during the initial term. The Residential All in One is for fire years and the Commercial Security All in One is for 10 years and so is the Commercial Fire All in One. If a subscriber wants to cancel during the initial term the subscriber is liable for everything owed to date and 80% of the remaining charges for the balance of the contract term. Even in states with “early termination” language in the contract [California] the calculation for payment on early termination is the calculation on default. The only difference between early termination and default is that no attorney fees are added since no attorney is involved in early termination. Early termination, or settlement or resolution of a subscriber default, can be structured and fashioned and calculated any way you want between zero and what the calculation under the contract would be. When you agree to accept something, anything, less than the full calculation under the contract default provision you are entitled to ask for other things besides money, such as non-disparagement, no social media at all, and a full release of liability. K&K does not have a form letter or form agreement for you to settle up with a subscriber who wants to terminate, with or without your blessing and terms. I suppose that letter would be inconsistent with my position that you should be turning the breaching subscriber over to K&K for collection. If you’ve used K&K for collection then you would know that when we settle a case against a defaulting subscriber, and most cases do get settled, we do use a Settlement Agreement, most of the time that does contain non-disparagement and release language. Since every deal with a defaulting or early terminating subscriber is different I think you need to fashion a settlement agreement unique to each deal, though many provisions may be similar or the same in each agreement. This kind of assistance would be available without charge to a Concierge Client. You should sign up for the Concierge Program. ******************** 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. *********************** 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
