The Security Guard Contract Unlocked
Contracting for a Security guard comes with a lot of different facets. In the case of a template, essential elements commonly used in the security guard industry are used. For instance the template found on various point-of-sale systems is the same whether the guard is an armed security guard or a uniformed guard who is unarmed . A contract of security services becomes the basis for the guard and the business owner in understanding their relationship to each other. The contract is intended to protect the expectations and the legal rights of both the guard and the employer. This being said there are specific provisions that should be part of a Security Guard Contract Template.
Prime Points in a Security Guard Contract
When running a security company, it is important that you understand what your guards are getting into. Indeed, when it comes to creating solid security guard contract templates, there are several elements that are worth outlining explicitly. To help you better understand the concept of security guard contract templates, here are some key components to keep in mind:
1. Job Responsibilities
The wild card element of security contracts comes with the question of scope. Security guard companies can offer a variety of services. Your contract should include information on what type of services are expected from the guard as well as detail how those duties and responsibilities impact pay and bonuses, if any.
2. Payment Structure
Security guards are your employees, and it’s your job to ensure adequate compensation. Aspects of your compensation agreement that need to be highlighted in this template are: pay structure, bonuses and overtime qualifications.
3. Confidentiality Agreement
Security guards will have special access to your clients’ private information and/or property. These guards must be trusted to keep such information confidential. To ensure that all parties involved understand the extent of the confidentiality agreement, it is worth spelling out specific confidentiality expectations in the contract.
4. Termination Clause
Termination clauses are critical for both parties. In the event that the contract does not pay enough, the guard can choose to resign. The problem with that concept is when the guard up and leaves unexpectedly and that creates potential for security breaches. The other side of this relationship is that the company could decide to dismiss the guard for poor performance. This, then, would open up the company to wrongful termination lawsuits. To avoid these issues, it’s best to include a termination clause in your contract. Be clear about what behaviors could lead to termination, what the expected notice of resignation is as well as potential damages that dominate may be responsible for. Just be sure to follow your own protocol when it comes time to dismiss an employee. It’s recommended that you have a human resource professional review your security guard contract templates.
Notable Legal Issues in Security Guard Contracts
The choice of law is another important consideration that legal counsel should review in a security guard contract template. A choice of law clause is often included, which will dictate the set of rules, regulations and case law applied to the interpreted language of the contract. It should be reviewed to ensure there are no conflicts with any additional governmental regulations. Depending on the size and nature of the entity that will employ the guards, certain laws may supersede the contract language. In addition to state law, most localities have specific regulations regarding security guards. For example, in New York City, the Security Guard Act (Chapter 333 of the Laws of 1949) prohibits individuals from acting as a security guard without a license, and only licensed individuals can engage in certain activities like using a handcuff or hand restraint, directing moving traffic, carrying a firearm, or searching packages. Standard contractual terms and conditions should be added to the template specifically concerning security guards. These include provisions to ensure that the guards remain in compliance with the minimum training, licensing, and patrol standards set by the state or city in which they serve, and that they comply with all local ordinances and regulations. Additional terms and conditions include a right to the minimum hours of work per week, overtime pay, and the ability to take time off from work for jury duty, illness, or bereavement. Moreover, in order to protect both the company and the guards that they employ, security contracts should also encompass contractual indemnification.
Given the broad scope of activities, experience level of the contractor, duration of the contract, number of guards, subject to coverage, and applicable laws and regulations, any security guard contract and contract template should be reviewed by an experienced attorney.
Creating Your Own Security Guard Contract
If you plan on hiring security personnel, you may be thinking about how to start out. If you’re like many businesses who are hiring security for the first time, a search for "security guard contract template" may result in a document that you can use, but that might not fit your particular situation perfectly. If you’re going to use a template, it’s important to know how to adapt and customize it so that it covers your specific needs.
1. Properties and Events
If your business is hiring security personnel for a one-time event (a concert, for example), you may not need an extensive contract. For properties that have security staff year-round or on a regular basis, a more detailed contract is likely needed. What kind of property are you securing? Do you need roving patrols or do you need guards to monitor doors? Knowing your needs in advance will help you to find a security contract template that you can use.
2. Does It Fit Your Company Culture?
No one outsources security because they want to delegate the responsibility and walk away. You hire security personnel for , at least partially, an expert opinion on securing your premises. A security guard contract template that requires tracking 24/7 armed and unarmed guards at three different entrances with break times, lunch times, overtime access and the lowering of a flag at sunset may not be appropriate for small warehouses, for example.
3. Is It Legal?
If using a contract template, read through the entire document carefully to make sure you don’t simply agree to the form you received online. When customizing a security guard contract, verify that the policies you are using are legal in your area and that you are following the local laws.
4. Hire a Lawyer
If you don’t have an attorney on retainer, it may benefit you to hire a lawyer temporarily to create or modify contracts for your business as you get started with security. Having a personalized document will ensure that your security guard contract template is tailored to your business’s needs.
Advantages of a Professional-Crafted Contract
One of the most significant advantages of a professionally drafted security guard contract template is the substantially lower risk of misunderstandings between service provider and the client. Whether it is the type of services to be provided or their standard of quality, this is one area where you cannot afford ambiguities. A professional contract template eliminates any potential for misinterpretation by clearly spelling out the exact nature and limits of the security guard services provided.
Also key is the fact that a professionally drafted contract can help you look more polished and professional to clients as well. The fact that they have to sign a contract before accessing your services provides an extra way to verify the nature of your relationship with clients and their interests. Also, a professional contract typically illustrates a general attention to detail that savvy clients will appreciate when they are making a decision between potentially competing security guard service providers.
Pitfalls of a Security Guard contract
When creating or signing a security guard contract template, there are several common mistakes that so many businesses make. First, be sure to list all of the services you require in addition to guarding duties. Do you want their presence at your business to deter break-ins? If they need to monitor dozens of cameras, mention that. Security guards may be needed to check for parking permits. Specify how you want that handled. Another element that should be part of a custom security guard contract template is what the guards are supposed to do about monitoring and responding to alarms. How long while they be at this particular location versus a more distant one? Will the guards routinely drive through the parking areas, and do you want someone assigned to each area? Minor details here can be extremely important.
Companies also assume that if a company has an online contract template, that it is going to be appropriate for their business. Maybe you need special coverage after hours of 2-6 a.m., or you want your security guards to wear uniforms. They’ll be dealing with the public and will have to have some training for that , as well. There are also many state and country requirements that need to be included for most security guard contracts. Don’t assume it’s something that will automatically be included in a generic template.
Some people mistakenly think that having a lot of detail doesn’t matter, so they write a lot about those elements, but don’t think about other aspects of the business. Does the security guard company have a current license to operate? Is one required in your city? You want to make sure that they are licensed to work in your state or country. They may also need a permit from the municipality or city. Your company also needs to have their own insurance. A careless, poorly paid guard could get hurt and your insurance is supposed to cover the hospital bill. But if they don’t have coverage, them no one is insuring you. You could end up paying out of your pocket for something that isn’t your fault.
To avoid these mistakes, talk to an attorney who specializes in business law for companies in your industry. Ask them what they would recommend for a customized security guard contract template.