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 ******************************* Master subcontract / More on parent waiving child’s rights / comment on sending out signed contracts July 17, 2019 ************************* Master subcontract ************************* Ken, Last year we purchased your subcontractor agreement. We were wondering if we would be able to use this as a master agreement and then have the sub agree to work on the time and material basis having a set hourly rate, giving us daily work tickets? This would be easier if they just providing labor on multiple projects at once. Thank you, Roman ************************ Response ************************ The standard subcontract is easily modified to act as a master subcontract agreement covering an on-going relationship. If you can’t modify the form on your own contact me for assistance. ************************ More on parent waiving child’s rights from July 12, 2019 article ************************ Ken Regarding a parent waiving rights for a child, wouldn’t LOCO PARENTIS come into play. I’m thinking of a child getting a medical procedure. The parent signed the informed consent, since the child cannot legally sign. Or when our flying group takes children flying, parents sign the waiver. Joseph ************************ Response ************************ Parents can certainly approve a medical procedure, but probably can’t waive a cause of action for negligence [malpractice] in advance. The rationale for this is that a parent would not be permitted to settle a malpractice action without court approval, called “an infant compromise”. It’s doubtful that a parent waiver would hold up for a child in your flying group. ************************* comment on sending out signed contracts from July 12, 2019 article ************************** Ken, I would recommend that anyone using a contract use a service similar to DocuSign. It will allow them to sign even if it's been pre-signed by the dealer, however they can make no changes. Hope that helps. anon ****************************** Response **************************** The docusign contract can be signed by you first because it can’t be changed by the customer. That’s one advantage of the electronic format, but also negative if your contracts need to be modified. You will have to do modification by separate rider. ************************** To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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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
