Do you want to write a bodyguard contract? If YES, then here are 8 essential components of a bodyguard contract.
A bodyguard is known to look out for the personal security of individuals such as political figures, famous celebrities, business executives, or other individuals who may be in danger of personal attacks. These security experts travel with their clients to public events and escort them on their day-to-day activities.
They research the background of the people that will have contact with their client, plan out travel routes, pre-search rooms/buildings/vehicles, look for any potential danger, and carry out security checks.
Note that the work of a bodyguard can be very fulfilling, but is not as glamorous as many people may think. Although at times bodyguards are exposed to amazing lifestyles and may also get to travel extensively (depending on the client), but at the end of the day it’s about protecting someone’s life, not having fun.
Bodyguards are known to either work alone or as part of a security team, and are trained to jump to action and defend their clients in any situation where there is a threat of harassment or attack. These experts protect public officials, wealthy people, and celebrities from kidnapping, assassination, harassment, theft, assault, and loss of confidential information, threats, and other criminal offences.
They are trained to react quickly in emergency situations and are able to make immediate decisions and changes on the fly.
They stay close to their clients at all times, keep an eye on their surroundings, and keep strangers at a safe distance. Bodyguards are sometimes responsible for driving their clients to and from events, and must plan travel routes carefully to make sure that their clients arrive and leave destinations safely.
8 Components of a Bodyguard Contract Between a Bodyguard and a Client
Here are the primary components of a legal contract when it comes to bodyguard contracts.
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Agency Theory
Most modern bodyguard contracts carry a statement that describes a Bodyguard as an independent contractor and not an agent for the client. This ostensibly protects the Bodyguard from liability for acts and omissions as well as other issues.
Problems can arise when the client manages affairs and someone gets injured; if one of the guards collects worker’s compensation from your carrier and then sues the client, contract language can mean you have to defend and indemnify the client.
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Fees and Payments
One of most important part of any bodyguard contract is the fees and payment section. Every contract must specify when and how a bodyguard is to be paid for their bodyguard service and the legal tender they will accept for such work, especially when working overseas for foreign clients.
No one wants to be paid in 500 pounds worth of ginseng or worthless currency where the exchange rate is near nothing to the US Dollar.
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Bodyguard Duties and Responsibilities
A bodyguard contract also includes a sentence about the fact that unless otherwise agreed to in writing, a bodyguard services do not include a security analysis. This can protect a bodyguard from being sued for negligent security. However, using a free security survey to drum up business can imply an analysis, undermining any duties and responsibilities.
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Client Responsibilities
Every contract should explain the client’s financial responsibility and work performance such as:
- Roundtrip airfare to area of operation for all bodyguard personnel.
- Suitable accommodation for all bodyguard personnel.
- Client responsible for expense reimbursements relating to food, ground transportation and dry cleaning of clothing for all bodyguard personnel.
- Client shall allow all bodyguard personnel to undertake their activities without hindrance.
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Terms of Contract
All parties must agree about the length of the contract and the cancellation process. This tends to include information about the length of notice to avoid lawsuits. Always obtain the services of a lawyer when making a bodyguard contract, don’t try to save money and do it yourself.
It should spell out the exact services, personnel and equipment to be provided by you in the “Service Provision” section of the contract.
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Indemnity, Indemnification or Hold Harmless
In an indemnification clause, one party agrees to protect the other from certain damages. These damages may include property loss or personal injury due to acts by certain people or entities. In a bodyguard contract, it would include guards, the company or the customer.
The issue with indemnities is they can put you on the hook for damages that really weren’t your responsibility. If you absolutely must sign a contract with indemnification, look for limited indemnification, which holds you responsible only for direct acts, not active or negligent acts of a client or others.
Other options include intermediate indemnification, which holds you responsible if a suit is brought against the client due to your negligence or their own negligence, and broad indemnification, which means the client, is held harmless for all liability, even intentional acts by your employees.
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Additional Insured
Often seen with indemnity agreements, additional insured status refers to a clause that protects a client in the event that the indemnity clause is unenforceable. These also come in limited, intermediate and broad applications, like indemnification.
If the additional-insured provision is broader than your own insurance policy, you’ll be dealing with self-insurance as well.
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Waiver of Subrogation
A waiver of subrogation means that the insurer can take legal action against a third-party. This may apply if a guard is injured while working at a client’s location.
If the guard chooses to sue the client, the client can shift liability back to the contracting company through a waiver of subrogation. Most security companies strive to reduce subrogation clauses as much as possible, and ensure their insurance policy extends coverage to any clause they do agree to. Self-insurance applies here as well for any discrepancy.
It’s always best to have your own contract ready — one that your own legal counsel has gone over with you — so you don’t have to rely on the contract language of another.
But some potential clients or guards might want to use their contract language, and that can increase risk to a level you don’t want to take on. Talk to your legal adviser about the components of the contract to make sure it’s really worth it.