Drafting a Professional Security Guard Contract
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Introduction
When it comes to drafting and negotiating professional security guard contracts, understanding the legal implications of the contract and what rights and responsibilities are being assigned to each party is of paramount importance. Without a well-drafted agreement, a security guard could lack any legal recourse should the employer fail to meet their obligations or pay for services provided.
This is why The Genie AI team - a free open source legal template library founded in 2017 - provide an array of resources that can help businesses and organizations create high quality contracts tailored to their individual needs. By leveraging millions of datapoints about market-standard security guard contracts, our community template library provides everyone with access to customisable templates without having to pay for expensive legal advice.
In addition to outlining the duties and responsibilities of each party, these contracts should also include clauses that address certain other important issues such as grounds for dismissal, dispute resolution procedures and confidentiality agreements. These details must be carefully considered by both parties before signing off on any document – failure to do so could lead not only to costly litigation but may also make it difficult for the security guard to be properly trained or perform their job correctly.
At Genie AI we want businesses and individuals alike to make well informed decisions about their own particular circumstances. With our step-by-step guidance on drafting professional security guard contracts you don’t need a Genie AI account – we just want you have all the information required at your fingertips so that you can confidently enter into negotiations that protect both sides from potential liabilities down the line. Read on below for more information on how our template library works today!
Definitions (feel free to skip)
Geographic area: The area of land or sea that is being taken into consideration.
Duties: The tasks or responsibilities that someone has been given to do.
Renewal terms: The conditions that must be met in order for a contract to be extended or continued.
Payment methods: The ways in which someone is paid, such as cash, check, bank transfer, etc.
Patrolling: The action of regularly walking around an area to ensure safety and security.
Overtime: Working extra hours, outside of the normal working day, in order to complete a task.
Confidentiality: Keeping information private, not sharing it with others.
Privacy: The right to keep personal information confidential.
Penalties: A punishment for an act or omission that is specified in a contract.
Mediation: A process in which a neutral third party helps two or more parties to reach an agreement.
Arbitration: A process in which a neutral third party hears evidence presented by both sides of a dispute and makes a decision.
Liability: The legal responsibility for something.
Contents
- Establishing the scope of the contract
- Defining the geographic area covered
- Establishing the type of duties to be performed
- Determining the length of the contract
- Defining the start and end dates
- Establishing renewal terms
- Establishing the payment terms
- Setting payment schedules
- Defining payment methods
- Defining the duties and responsibilities of the security guard
- Outlining the specific duties and tasks to be performed
- Specifying the hours to be worked
- Outlining the employer’s rights and obligations
- Identifying the employer’s rights regarding the security guard
- Specifying the employer’s obligations
- Including language regarding confidentiality and privacy
- Defining what information can be shared
- Outlining the penalties for disclosing confidential information
- Setting up a dispute resolution process
- Establishing the procedures for resolving disputes
- Identifying methods of dispute resolution
- Including clauses on termination and liability
- Setting out the circumstances under which the contract can be terminated
- Establishing the employer’s liability
- Crafting a sample contract
- Writing the contract
- Proofreading the contract
- Negotiating the terms of the contract
- Negotiating the terms of the contract with the security guard
- Finalizing the terms of the contract
Get started
Establishing the scope of the contract
- Clearly define the terms of the security guard contract
- Make sure the contract includes details such as the duration of the contract, the duties of the security guard, the hours of service, and any other specific instructions
- Develop a plan that outlines the expectations of the security guard
- Include any additional clauses that are applicable to the agreement
- When you have completed the scope of the contract, have it reviewed and approved by both parties.
You’ll know you can move on to the next step when the scope of the contract has been established and both parties have agreed to the terms.
Defining the geographic area covered
- Identify the physical locations that will be covered by the security guard contract.
- Make sure to include all relevant details, such as street addresses, building numbers, and floor levels.
- Specify the exact geographic boundaries of the area covered by the contract and any limitations or exceptions that may apply.
- Document the contract with a map of the area or other diagrams, if possible.
- Once the geographic area covered has been clearly defined, the contract can be finalized and signed.
Establishing the type of duties to be performed
- Determine the specific tasks and duties that will be required for the security guard to complete
- Identify any additional duties that may be required on an as-needed basis
- Outline any tasks that the security guard is explicitly forbidden from performing
- Include any special requests from the client in the list of duties
- Have the client sign off on the list of duties in the contract
Check this off your list once you have a complete list of duties and the client has officially signed off on it.
Determining the length of the contract
- Determine the duration of the contract, and if the contract is to be renewed
- Consider the needs of both the security guard and the company, and the length of time that the service is needed
- Discuss the length of the contract with the security guard and make sure both parties are in agreement
- Include the length of the contract in the written agreement
- Once the length of the contract is determined and agreed upon, you can check this off your list and move on to the next step of defining the start and end dates.
Defining the start and end dates
- Agree on the start and end dates of the contract with both parties
- Make sure to note any holiday or vacation days that should be taken into account
- Note any date changes in the contract
- Include a clause that allows for the contract to be terminated with sufficient notice
- When both parties have agreed on the start and end dates, document them in the contract
- Once the start and end dates have been documented and agreed upon, you can check this step off your list and move on to the next step.
Establishing renewal terms
- Decide if you want to include an option for renewal in your security guard contract.
- If so, include the details of the renewal terms in the contract.
- Be sure to include the length of the renewal period, the renewal fees, and any other applicable details.
- When you have finished establishing the renewal terms, read through the entire contract to make sure that all of your terms are clearly stated.
- Once you are satisfied that all of the terms are correct and clearly written, you can check this off your list and move on to the next step.
Establishing the payment terms
- Identify the payment amount and payment frequency, such as a flat fee per hour or a daily rate
- Agree to terms around how the security guard will be paid, such as by check, direct deposit, or other forms of payment
- Clearly state the payment terms and the payment due date in the contract
- Have both parties sign the contract to agree to the payment terms
Once both parties have signed the contract and agreed to the payment terms, you can move on to the next step.
Setting payment schedules
- Determine the payment schedule, such as weekly, bi-weekly, or monthly
- Set up a payment date that coincides with the payment schedule
- Include a late payment policy if necessary
- Specify the amount that is to be paid and the method of payment
- Make sure the payment schedule is clear and agreed upon by both parties
- Check off this item when the payment schedule is established.
Defining payment methods
- Outline the payment methods that you and the security guard agree upon, such as cash, check, or money order
- Ensure that the security guard understands when and how they will receive payments
- Put in writing the payment schedule, such as monthly, bi-weekly, or weekly
- Put in writing the payment amount and any additional fees or deductions
- Include any specific instructions for payment methods, such as mailing address or bank account number
- Ensure that the security guard understands how to collect payments
You will know you are done with this step when you have a clear and agreed upon payment plan that both you and the security guard understand and agree to.
Defining the duties and responsibilities of the security guard
- Identify the duties and responsibilities of the security guard, such as monitoring the premises, providing customer service, and responding to any emergencies.
- Include details such as the hours of operation, the location of the security guard, and any specific regulations that must be followed.
- Outline any additional duties that the security guard may be required to perform, such as providing reports or handling certain tasks.
- Specify the duration of the contract, any terms of renewal, and the consequences for breach of contract.
- Ensure that all duties and responsibilities are clearly outlined in the contract.
Once all duties and responsibilities of the security guard have been outlined, you can move on to the next step of the guide.
Outlining the specific duties and tasks to be performed
- Create a detailed list of all duties and tasks that the security guard will be expected to perform
- Include any special qualifications the security guard must possess to complete certain tasks
- Ensure that all duties are in compliance with all applicable laws and regulations
- When finished, have the security guard review and initial the list of duties and tasks
- Once the security guard agrees to the list of duties, have them sign the contract
- Once reviewed and signed, the contract is ready to be finalized and submitted to the appropriate parties
You’ll know you’ve completed this step when the security guard has reviewed and initialed the list of duties and tasks and signed the contract.
Specifying the hours to be worked
- Consult with the security guard to determine the hours that they are available to work.
- Create a schedule that outlines the hours to be worked on a daily, weekly, or monthly basis.
- Include any overtime hours, or other special circumstances that may arise in the contract.
- Make sure that the hours specified in the contract are in compliance with applicable laws and regulations.
- Double-check the hours to ensure that they are accurate and up-to-date.
- When the hours have been specified in the contract, be sure to have both parties sign off on it.
Once all the hours have been specified in the contract and both parties have signed off on it, you can move on to the next step.
Outlining the employer’s rights and obligations
- List out all the rights and obligations of the employer, including rights to terminate the contract, the right to access the security guard’s work space, and the right to receive updates on the security guard’s progress
- Include a statement that the employer has the right to expect the security guard to follow all laws and regulations related to their job duties
- Specify the duties and responsibilities of the employer, such as providing the necessary tools and equipment, supplying the security guard with uniforms and other necessary items, and ensuring the security guard is paid in a timely manner
- Write a clause that states the employer is responsible for any legal issues that arise from the security guard’s employment
- When you have listed out all the rights and obligations of the employer, review the contract to make sure everything is accurate and up to date
- Once you are satisfied with the contract, you can move on to the next step: Identifying the employer’s rights regarding the security guard.
Identifying the employer’s rights regarding the security guard
- List out the employer’s rights regarding the security guard, such as:
- Right to receive services in accordance with the contract
- Right to receive regular updates on security guard’s performance
- Right to terminate the contract for any reason
- Have the employer review and sign off on the list of rights, ensuring that it meets their expectations.
- Once the employer has signed off on the list of rights, you can move on to the next step, which is specifying the employer’s obligations.
Specifying the employer’s obligations
- Outline the duties and responsibilities of the employer to the security guard and the security guard to the employer
- Include details about the employer’s obligation to provide resources, training and equipment to the security guard
- Describe any health and safety requirements that the employer is expected to provide
- Include the employer’s commitment to providing an appropriate level of pay and benefits
- Specify any other obligations related to the security guard’s job
When you have completed this step, you should have a clear outline of the employer’s obligations specified in the contract.
Including language regarding confidentiality and privacy
- Make sure to include a confidentiality clause that requires the security guard to keep all information confidential that he/she learns while employed
- Include a policy to protect the security guard’s privacy, outlining the employer’s responsibility to not share private information
- Specify the types of information that are to remain confidential, such as customer or client data, personnel matters, or financial information
- Make sure to include a clause that requires the security guard to not disclose any confidential information to any third parties
- Once you have included all of the necessary language regarding confidentiality and privacy, you can check this step off your list and move on to the next step.
Defining what information can be shared
- Clearly define what information can be shared, such as specific details concerning the organization or the security guard
- List out any sensitive information that must remain confidential, such as proprietary information or trade secrets
- Specify the limits on what information can be discussed outside the security guard contract
- State what restrictions the security guard must follow to prevent any unauthorized disclosure
- Include language that explains the consequences if the security guard fails to comply with the confidentiality clause
- Once you have listed out the terms of the confidentiality clause, review the language to ensure it is legally binding and comprehensive
- Once you have ensured all the necessary information has been included, you can check this off your list and move on to the next step.
Outlining the penalties for disclosing confidential information
- List the types of confidential information that are included in the contract
- Describe the repercussions for disclosing confidential information
- Consider using language such as “immediate termination” or “legal action”
- Outline any financial penalties that may be incurred for disclosing confidential information
- Make sure both parties agree to the terms and sign the contract
- Once you have completed this step, you will be able to move on to setting up a dispute resolution process.
Setting up a dispute resolution process
- Research the applicable laws in your jurisdiction and include any restrictions that apply in the contract
- Determine what type of dispute resolution process will be used, such as mediation or arbitration
- Decide if the dispute resolution process will take place in a physical location or online
- Outline the process for initiating the dispute resolution process
- Include the timeline for resolving disputes
- Outline the fees associated with the dispute resolution process
- Specify any other necessary provisions, such as the language that will be used in the process
Once you have included all of the necessary provisions, you can check this off your list and move on to the next step.
Establishing the procedures for resolving disputes
- Establish a dispute resolution policy in the contract that outlines the procedures that will be followed in the event of a dispute between the security guard and the client.
- Set out the procedure to be followed if a dispute arises, including the process for providing notice, communication and agreement between both parties.
- Identify the dispute resolution method that will be used, such as mediation, arbitration or a court of law.
- Include a clause that requires both parties to make a good faith effort to resolve any disputes through the established procedures before resorting to legal action.
You can check this off your list when the dispute resolution policy is established, the procedure for providing notice, communication and agreement is set out, the dispute resolution method is identified, and the clause requiring a good faith effort to resolve any disputes is included in the security guard contract.
Identifying methods of dispute resolution
- Research what are the accepted methods of dispute resolution in the jurisdiction where the contract will be enforced
- Familiarize yourself with all relevant laws regarding dispute resolution
- Decide on the method of dispute resolution that best suits the interests of both parties
- Include clauses that specify the chosen method of dispute resolution in the contract
- When done, you can move on to the next step of including clauses on termination and liability.
Including clauses on termination and liability
- Include a clause that outlines the conditions that must be satisfied for the contract to be legally terminated
- Establish a timeline for the contract duration, including the date of commencement and termination
- Specify the notice period that must be given prior to contract termination
- Outline the consequences of terminating the contract prematurely
- Include a clause that outlines the conditions and liabilities of each party in the event that the contract is terminated
- Include a clause that outlines the liabilities of each party if the contract is not performed or is breached
- When completed, check this off your list and move on to the next step.
Setting out the circumstances under which the contract can be terminated
- Specify the conditions under which the contract can be terminated, such as if the security guard breaches the terms of the agreement, fails to perform their duties or if either party wishes to terminate the contract.
- Outline the notice period that must be given by either party prior to the termination of the contract.
- Decide who will be responsible for any costs associated with the termination of the contract, such as the cost of training a replacement.
- Define the circumstances in which the employer may terminate the contract without notice and without any liability.
Once you have outlined the circumstances under which the contract will be terminated, you can check this step off your list and move on to the next step.
Establishing the employer’s liability
- Include a clause that outlines the employer’s liability for any damages to the security guard’s property or for any injuries suffered by the security guard while on duty
- Outline the employer’s liability for any costs or damages incurred by the security guard during the course of their duties
- Include a clause that outlines the employer’s responsibility in providing a safe working environment
- Make sure that any potential liability that could be incurred by the employer and the security guard is clearly outlined and agreed upon
When you can check this off your list and move on to the next step:
- Once you have included all the necessary clauses regarding the employer’s liability and both parties have agreed to the terms outlined in the contract, you can move on to crafting a sample contract.
Crafting a sample contract
- Decide on the length of the contract, such as a one-year agreement
- Set out the duties and obligations of the security guard, such as patrolling the premises, responding promptly to alarms, and protecting property
- Specify the hours of work, such as 8 hours per day
- Outline the pay rate, such as the hourly rate or a flat fee
- State the job requirements and the termination requirements
- Include any other relevant clauses that may be necessary for the contract
- Draft the contract using the appropriate legal language
When you have drafted the contract, you can move on to the next step of writing the contract.
Writing the contract
- Determine the scope of the security guard’s duties
- Specify the duration of the contract
- Set the payment amount and payment frequency
- Outline any additional benefits or bonuses
- Specify any scheduling requirements
- Establish the party responsible for taxes, licenses, and insurance
- Create a clause for contract termination
- Include a signature line for both parties
Once you have written out the contract, you can check off this step and move on to proofreading the contract.
Proofreading the contract
- Read the entire contract, including all attachments, to ensure that all necessary information is included.
- Double check that all dates, names, and other details are accurate.
- Make sure that all parties have signed the document, and that all signatures are witnessed.
- Have a lawyer review the contract to ensure that the legal language is correct and that the document is binding.
Once all of the above steps have been completed, you can move on to negotiating the terms of the contract.
Negotiating the terms of the contract
- Compile a list of all the important points you would like to include in the contract
- Discuss the terms of the contract with the security guard, taking into account their experience, availability and any special skills they have
- Make sure that both parties understand the terms of the contract and are in agreement with them
- Negotiate any discrepancies and come to a mutual understanding of the terms
- Once both parties are in agreement, sign off on the contract and keep a copy of it on file
- Check off this step and move on to the next step of proofreading the contract.
Negotiating the terms of the contract with the security guard
- Meet with the security guard to discuss the terms of the contract and any questions or concerns they have
- Have the security guard sign the contract once the terms have been agreed upon
- Ensure that all the details of the contract have been discussed and agreed upon, including the duration of the contract, the duties and responsibilities of the security guard, and any other specific requirements
- Outline the pay rate and any additional benefits for the security guard
- Confirm that both parties understand the terms and conditions of the contract
- Keep a copy of the signed agreement
You can check this step off your list once the security guard has signed the contract and all details have been discussed and agreed upon.
Finalizing the terms of the contract
- Carefully review the proposed contract with the security guard before finalizing the terms
- Ensure that all the negotiated terms are accurately reflected in the contract
- Check for any inconsistencies or errors in the contract
- Have both parties sign and date the contract once all terms are agreed upon
- Make a copy of the signed contract for each party
- You can check this off your list and move on to the next step once the contract has been signed and dated by both parties.
FAQ:
Example dispute
Security Guard Contract Lawsuits
- Plaintiff must prove that the security guard contract was enforced in an unfair or discriminatory manner, or that the security guard was not given the rights they were promised in the contract.
- Plaintiff must also provide evidence that the security guard’s rights were violated, such as not being allowed to perform their duties or being treated differently than other security guards.
- They must also prove that the security guard was not given a reasonable opportunity to perform their duties and that the contract was breached.
- Plaintiff may also be able to sue for damages if the security guard’s rights were violated, such as lost wages, medical expenses, or emotional distress.
- Settlement can be reached through either negotiation or through the court system.
- If the plaintiff is successful in their lawsuit, they may be able to receive damages, including attorney’s fees and court costs.
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