KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Politically correct contracts / can military get out of contract
November 17, 2017
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Politically correct contracts
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Ken,
As a practical matter the term probably turns off most serious security providers.
Your provide a lot of great advice. I thought I’d reciprocate.
Best,
Daniel J. Boyd, President
Boyd & Associates
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Response
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Thanks for the constructive criticism. I've re-named the contract. It's now a Stationary Security Guard Contract. Guard companies are less likely to be using proper contracts, but they should. They face very similar exposure and there is often a disconnect between what the customer expects from the guards and what the guards are instructed to do to perform their job properly.
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can military get out of contract
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Ken
We conduct a fair amount of business for military families. When they get relocated (Permanent Change of Duty Station, or PCS), they often feel that they can "break the contract" because of the SCRA, Soldiers and Sailors Civil Relief Act. Does the SCRA override the "all in one" contract that we use from you?
Mark
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Response
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The Soldiers and Sailors Civil Relief Act excuses those in the military from performing certain obligations, but alarm contracts are not one of them. Those serving cannot terminate the alarm contract just because they are moving; they have same rights as those not serving in the military.
But the question of whether you should hold them to the contract is another matter. Many will suggest that morally you should not hold those serving. As a practical matter, going after someone in the military can be tricky to say the least. In most cases you cannot sue them while in the military and you won't be able to enforce a judgment while they are on active duty. I am simplifying greatly, but this is close enough. I'd say, let it go. That also means you have to be more selective with whom you work for and how you structure your deal so you are paid up front.
The Standard Form Agreements do not permit military to avoid their contract obligations.
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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
516 747 6700
www.KirschenbaumEsq.com
