KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Loss prevention contract for video monitoring  

June 1, 2024
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Loss prevention contract for video monitoring
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Ken
          Do you have a loss prevention contract for video monitoring?
Sara
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Response
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          That’s an interesting way to phrase a contract for video monitoring.  I suppose one feature, for sure a vital and important feature, for all the Kirschenbaum Contracts™ is “loss prevention”.  Maybe reduction in risk is a better way to say it rather than loss prevention.  I consistently explain the dichotomy between your expectation, loss reduction through detection, and the customer’s expectation, loss prevention.  But the Standard Form Agreements certainly reduce your risk which one reason it increases the value of your business, your equity.
          Video monitoring is not really new technology and not a new service offered by many alarm companies.  I suppose the original CCTV systems were less detection than capturing the event for later viewing, unless the customer had onsite security watching the cameras.  Next came video clips sent to the central station and the customer’s smart phone.  Then live 24/7 monitoring and finally where we are today, live 24/7 monitoring with central station operator intervention via cameras and two-way audio.
          The All in One agreementsResidential form and commercial form, provide for video monitoring.  There is also a separate Camera Agreement, but you should get that form if all you do is cameras [unless you want a separate contract just for that service]. 
          The contract provisions that reduce your risk are, in my opinion, the best contractual protection you can get.  But, no contract provisions are going to insulate your from all liability if the central station operators fail to follow strict procedures for their two-way intervention.  Proper training and supervision of the operators should be followed by the central stations.  By the way, there are central stations who specialize in video surveillance and intervention; it could be all they do, or in the case of the larger central stations, separate departments with specialized operators.  Don’t be shy about asking your central station about its special training and procedure when it comes to video surveillance and monitoring, and be sure you aren’t representing or warranting more than the service is intended to deliver in your proposals or contract Schedule of Equipment and Services.
          For the ultimate on video surveillance contracts get the Virtual Remote Gate Guard Monitoring and Access Control Service, the Commercial Mobile Surveillance Lease and the Virtual Doorman Standard Supervisory Video, Audio, And Access Control, Sales, Monitoring and Service Agreement.
          When in doubt, consult counsel.  That’s what the Concierge Program is for; use it.  [or join today and then start using it].  Contact Concierge Program Coordinator Stacy Spector,Esq today at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com
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STANDARD FORMS  Alarm /  Security / Fire and related Agreements
 click here: www.alarmcontracts.com
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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.
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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