Tips on Security Guard Contracts
Security guard contracts are vital legal documents that outline the rights and responsibilities of security guard companies and their clients. These contracts serve as a foundational document for everyday business operations and ensure that both parties understand the various components associated with the security guard services, such as pay, service hours, the scope of work to be performed, and other essential terms and conditions.
They also serve as a legal safeguard that define the roles and responsibilities of each party to the contract under federal, state, and local laws. These contracts are essential for business owners, who use them to protect their companies from unwanted liability or workers compensation claims .
Once signed, security guard contracts carry with them the weight of the law. As such, they should not be entered into lightly as their violation or breach can lead to expensive lawsuits and other legal challenges. In light of this, it is important to have a qualified attorney draft, review and modify these contracts on an as needed basis.
For readers attempting to become their own independent business owners or those that already own a firm, having a reliable contract at the ready is essential to your bottom line. These contracts help eliminate uncertainty among all parties and allow business owners to concentrate on delivering superior service to their clients.
What to Include in a Template for a Security Contract
A security guard contract template should contain several key elements that clearly define the terms of the relationship between the client and the service provider. These elements include the scope of services, duration of the contract, payment terms, and confidentiality obligations.
In the "Scope of Services" section, the template should specify exactly what security services will be provided, where they will be performed, and during what hours. If there are specific requirements, such as licensing or certifications for the guards, those should also be detailed.
The "Duration" section should outline the length of the contract, including any provisions for renewal or termination. This is essential for managing expectations on how long the security services will be provided.
"Payment Terms" should be clearly laid out in the contract. This includes how much will be paid for the security services, when payments are due, and what methods of payment will be accepted.
Finally, "Confidentiality" is a critical component. The template should include a confidentiality clause that protects both parties by ensuring that any sensitive information shared during the course of the contract is not disclosed to third parties.
These key elements form the foundation of a security guard contract and help to ensure that both the service provider and the client are on the same page regarding the terms of their working relationship.
Customizing a Template for a Security Contract
As with any business service, having a security guard contract template is not enough to rely upon without customizing it to cover the specific needs of your clients and the services you’re offering. Depending on the client and nature of the services being rendered, the contract template should include specific provisions that cover anything from which vehicles your security guard will use to park in to what kind of post orders they’ll be provided to and how many actual hours they may be required to work.
What if the client is an apartment complex and you’ll need to offer a courtesy vehicle during the day? What if you’re providing armed guards versus unarmed? What if you and the client come to an agreement that a guard must be in uniform at all times? How will you address the tasks that the security guard will be assigned to?
The prudent move as a business owner is to customize your contract template to fit all of these potential scenarios and legal implications to properly protect your business and, of course, yourself from potential litigation.
Legal Issues in Security Contract Templates
When developing your security guard contract template, it’s crucial to ensure that you and your client are in full compliance with relevant local laws, and that you have the proper licenses to offer services within that jurisdiction. Consider the following points when creating your contract template: Licensing The factors determining what type of license, if any, is required to provide security services for a facility, can differ based on the state, as well as the location within that state. In most cases, a state licensing agency has to regulate the reopening of any security guard business. Common certifications include the following: Be sure to check local laws in your area to determine which licenses are required for your business to operate legally. Insurance Once you have obtained your business license, the next step is securing insurance for your services. While not a requirement in all states, it is a best practice to obtain a general liability insurance policy. As the name suggests, general liability insurance protects you against claims that may damage your property or the property of others, or that you did something wrong that caused others to suffer a loss. It will also protect your business from claims of bodily injury or property damage resulting from your operations or the services you provide. Health and Safety Regulations When creating a security guard contract template, it is important to consider whether or not the services provided may fall under the guidance of The Occupational Safety and Health Administration (OSHA). Any service that would require an OSHA inspector on-site would require you to indicate your compliance, be it hospitalization, exposure to dangerous equipment, working with vibratory fixtures, or work in confined spaces. It is also crucial to consider health and safety regulations concerning your staff and the staff at your client’s facility. For example, you may be required to provide annual training in the following areas: It is important to prepare your contract template ahead of time, to make sure you comply with these requirements.
Contract Issues to Avoid
When negotiating contracts with the security guards your business uses, keep an eye out for the following potential pitfalls:
Dispute resolution: Nobody enters into a contract expecting a disagreement, but as the old saying goes, "stuff happens." Your best way to mitigate the damages of a dispute is to have a clear dispute resolution plan in place. Clearly establish whether, for example, arbitration or court proceedings should be used.
Scope of services: The terms and conditions outlined in a contract should be very specific. If you are hiring security guards for an event, for example, it’s important to specify how long the staff are expected to remain on the premises. Otherwise, there could be a miscommunication that leads to the need to pay overtime or hire additional staff to cover for absent guards.
Ambiguous language: Just like the dispute resolution section , your contract should not contain any ambiguous, indirect or vague language. In other words, be direct and explicit in what it is you are trying to convey, or else it could lead to a diversion from the intended meaning. It’s a good idea to have someone completely independent look over the contract, as they will likely pick up on something you did not think would be confusing.
Short-term contracts: In most cases, a security contract will be for a defined period of time. Although this can deliver the flexibility you desire, such a provision could come back to bite you down the road if you wish to extend protection from car service. If you do need to terminate the contract early, this could lead to a lot of headaches and confusion.
Advantages of Using Pre-Written Templates
Using pre-designed security guard contract templates can offer many advantages for your organization. These templates are easily accessible and have been tailored by professionals. People who create security guard contract templates have extensive knowledge of the industry and have experience drafting security guard contracts. A good contract drafted by professionals will keep you out of future problems with the law. The templates that our website provides will save you hundreds of hours of time. For many owners, a small mistake in their security guard contract can lead to a costly lawsuit against the company. Lawsuits are expensive to litigate, and defending claims in court takes many hours. During such a lawsuit, you or one of your employees will have to spend many hours on a lawsuit, which leads to less time spent growing the business. If you need to hire legal counsel, be prepared to spend thousands of dollars.
How to Find Security Guard Contract Templates Online
One of the most efficient means to access security guard contract templates is via the internet. Numerous websites offer free contracts that can be downloaded and modified to fit a specific need. Other sites include a modest fee to download a contract template to a computer or other electronic device. With thousands of websites currently available on the internet, it is difficult to ascertain which ones are most reliable , so take the time to review site credentials, price for downloading the templates, and the type of accompanying customer support before choosing a particular website. Although downloading contract templates from a trusted website is a useful tool, be sure to review all templates carefully and revise any clause or language that does not contain the appropriate information necessary for your business or service.