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 whitelist ken@kirschenbaumesq.com ****************************** take over accounts with early termination charge December 13, 2025 ************************* take over accounts with early termination charge ************************* Ken Thanks for all you do for our industry. We are long time contract users and Concierge Members. We feel it’s a great program. We take over a lot of accounts from national companies and local companies like us. We recently ran into a lot of new takeovers that have contracts with early termination fees. It is actually worded as an early termination fee. I wonder if the “early termination" wording makes it easier to enforce and swallow for the customer. A recent convert told me he was paying the early termination fee as opposed to paying off the contract. Thanks again for your support for our industry. Mike in South Carolina **************************** Response **************************** K&K Standard Form Agreements do not have an early termination provision unless your state requires it. We sometimes, at our client's request, add an Early Termination Charge. How does that provision compare to the default provision in the K&K Contract. The K&K Standard Form Agreements provide for 100% of what's owed at time of default and 80% of the balance of the contract term and equipment value too if owned by the alarm company. Upon a breach the subscriber would also be liable for legal fees, your fees. With an Early Termination the customer gets to cancel and owe only the early termination fee or charge. If it pays that amount the subscriber won't owe legal fees too. Of course you can have any early termination charge you want, just like you can have your own liquidated damage provision if you don't like the provision K&K provides. When taking over another's account be sure to use the Disclaimer Notice, and be careful to read it closely because the various options you should be addressing are covered. ************************ STANDARD FORM AGREEMENTS: 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. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / 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. ************************** 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
