KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Risks signing Customer's contract and not yours / ISC meeting / Party Invite
November 17, 2025
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Private meetings at ISC EAST
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Only few time slots left; reserve your private meeting.
To arrange a private meeting with K&K and staff at ISC East on November 19 or 20 please contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. We are planning half hour appointments between 10:30 and 4:30 on November 19 and 20. If you think you need more time let us know. We look forward to seeing you at ISC; meetings will be outside the hall at the food court area.
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You're invited: K&K 2025 HOLIDAY PARTY WILL BE ON DECEMBER 4, 2025 6 PM Old Westbury, NY [presently, I'll let you know if the location changes]. RSVP only if coming with Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Diana Henriquez at 516 747 6700 x 328 or email dhenriquez@kirschenbaumesq.com. Space limited so be sure to RSVP if coming asap
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Risks signing Customer's contract and not yours
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Ken
Are there legal or liability risks in signing a customer’s version of a service agreement rather than using our standard form?
Would you recommend negotiating specific terms, or should we insist on using our own contract?
If we do consider their agreement, what key provisions should we be most concerned about (e.g., indemnification, limitation of liability, insurance, etc.)?
Nicole
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Response
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Regarding your first question, the answer is yes, there are definitely liability risk issues signing a customer's contract. This is especially so because you have not told me what is in this "customer contract"; I assure you they all don't read alike. In fact, they are all different, and it takes a skilled attorney knowledgeable in this industry and contracts in general to review and evaluate the "customer contract". The simple answer is, and it is immutable, you should not sign an agreement unless your attorney has reviewed it, though an exception comes to mind. If you find yourself in a situation where you have determined that you must have the job, you're willing to risk whatever it takes to get it, and you rather stay in the dark as to what those risks are, then sign the contract and hope for the best. As I've mentioned before, "hope is the worst strategy" or "hope is no strategy".
Regarding the second question, the answer is yes, negotiate. Reviewing and negotiating customer contracts or challenges to your contract is a great reason to join the Concierge Program because one of the most popular benefits is you get a half hour free each month for contract review and negotiation. If you have the bargaining power you can insist on your contract be signed; if you have no bargaining power and loss of the job is out of the question for you, then sign. You will find that signing the customer's contract form, or accepting certain challenges to your contract are more palatable when your performance is limited to installation. Once you contract for after-install services, which for simplicity refers to monitoring, repair service and inspection [everything you do after the install, except warranty work] requires your K&K Agreement. [which would be required for after-install services]
With respect to the third question, indemnity and insurance procurement are what I look at primarily. You have to read the rest carefully since you need to be able to comply with all the terms. You should be concerned with the insurance you need to carry, who you have to name as additional insured, how you get paid and what happens if you don't get paid; check requirements for your employees, such as prevailing wage requirements; in fact, check every paragraph, because just like every sentence in the K&K Standard Form Agreements [there for your protection] the customer contract provisions are there for its protection, not your protection.
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STANDARD FORM AGREEMENTS: To order up to date Standard Form 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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WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars
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ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily
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Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth
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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
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