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Input requested on simple employment contract to bypass a CFZ in MI

Hevymetal

Regular Member
Joined
Jan 22, 2012
Messages
261
Location
Clinton Twp
In regards to this thread:

http://forum.opencarry.org/forums/showthread.php?102473-Can-you-CC-in-a-CFZ-with-owners-permission

There has to be a simple way of doing it utilizing the correct legalese to meet all of the requirements for a valid "Temp" employment/contractor status therefore exempting you from the restriction. I just don't quite know it.

What I am aiming for is
1. Simple (yeah right)
2. A valid legal exemption under the letter of the law which would allow CC carry in a CFZ so one would have a good legal defense

specifically subsection (d)
28.425o Premises on which carrying concealed weapon prohibited; “premises” defined; exceptions to subsection (1); violation; penalties.
Sec. 5o. (1) Subject to subsection (4), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol on the premises of any of the following:
(d) A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This subdivision does not apply to an owner or employee of the business.

although if the language was correct i suppose it could work for other places that are CFZ (schools who don't want parents to OC for example, not that it would ever happen, just an example)

3. No implied liability to either party

I know a contract has to meet certain legal criteria to be valid and I'm not sure how simple/complex or exactly what it needs to contain to be to considered valid.

Version 1:

I (insert your name here) agree to provide security services at my own risk while on premises located at (insert address here) at a rate of $.01 (1 cent) annually. While on premises located at (insert address here) I (insert owners name here) do hereby authorize (insert your name here) to carry and conceal any and all firearms while on premises.

Too simplistic and I don't believe it would meet all the legal criteria.

Version 2:

CONTRACT FOR SECURITY SERVICES
No:......../

Today, May 2nd, 2012 we are :
PARTY A: --------------------------------------------------------------------: Representative : ------------------------------------------
Position : ------------------------------------------
Address : ------------------------------------------
Tel: : ------------------------------------------
Fax : ------------------------------------------
Tax code : ------------------------------------------
PARTY B: --------------------------------------------------------------------:
Representative : ------------------------------------------
Position : ------------------------------------------
Address : ------------------------------------------
Tel: : ------------------------------------------
Fax : ------------------------------------------
Tax code : ------------------------------------------


After deliberating the Parties are unanimous as follows:

ARTICLE 1. PURPOSE AND TERM OF CONTRACT

1.1 Party A agrees to hire Party B and Party B agrees to provide Party A the security services set forth in this Contract limited to Party A's property at: -------------------------------
Add: ---------------------------------------------------------------------------------------------
(Herein after called "the Site")
1.2 The duration of the Contract shall be 12 months from today ________________ to ________________.

ARTICLE 2: REQUESTING ABOUT QUALITY OF SERVICE

2.1 To help guarantee safety for Party A:
Add: -----------------------------------------------------------------------------------------------
2.2 Party A requests that Party B be trained to
The following specifications:
Concerning of Laws.
Concealed Pistol License
Self Defense Training
First Aid. (Optional)

2.3 The scope of security service and duties of each security position mentioned above shall be:
Maintain personal security for the site and Party A.

ARTICLE 3 : SERVICE FEE

3.1 Service fee:
Party A has responsibility to pay Party B yearly service fee: $.01 ( one cent USD only !) per year.

3.2 Payment :
• Party A shall make payment to Party B one time per year.

ARTICLE 4. SCOPE OF AUTHORITY OF SECURITY
Party B shall provide security for Party B and Party A
4.1 Authority to temporally detain/defend in the site those whom Party B witnesses an offenses of dishonesty, disorderly behavior, assault, or other criminal activity on the Site occupied by Party A, and to notify immediately to the police or other relevant authorities of such activity.


ARTICLE 5. RESPONSIBILITY OF PARTY B

Party B will maintain the following responsibilities in addition to those set forth in Articles 2 and 3.
5.1 Party B shall treat all personnel to the Site with courtesy, and any security action taken will involve only those levels of force reasonably required under the circumstances. Party B shall use its best efforts to maintain good relationships with the local community surrounding the Site. In all circumstances, professionalism shall be expected of Party B.
5.2 Party B shall be responsible for all income and personal income tax under the laws and regulations of Michigan.'
5.3 Party B supplies any necessary equipments in order to protect Party A’s properties. The supplying of equipments including but not limited to fireamrs is free.

ARTICLE 6. RESPONSIBILITY OF PARTY A

Party A acknowledges that this agreement is a Contract for the performance of only the services stated in the Contract, and is not an insurance contract or guarantee against any losses.
6.1 Party B requires of Party A that all persons authorized to be on the Site shall be allowed to bring and optionally conceal any firearms and equipment necessary for performance of said duties.

ARTICLE 7. LIMITATION OF PARTY B'S RESPONSIBILITY

Party A acknowledges that this agreement is a Contract for the performance of only the services started in the Contract, and is not an insurance contract or guarantee against any losses.
Party B is not responsible for damages or injury which is caused by following factors:
7.1 All types of natural disasters or accidents include lightning, flood, fire, typhoon or other harmful weather, electric shock, electrocution or any accidents which beyond control of the security of Party B.
7.2 Destruction, theft, attempted theft, or damages caused by the action of Party A (representative, invitees in the Site with the authorization of Party A) which beyond control of the security guards of Party B.
7.3 Damages,losses, or injuries caused by the fraud, intentionally harmful acts, gross negligence, or other willful or reckless conducts of Party A or its employees, agents, or invitees which are beyond the control or reasonable intervention of the guards of Party B;
7.4 Political or labor disturbances, including acts of war, riots or strikes which impact upon the Site of Party A's workers on the Site; however Party B shall use their best efforts to support Party A.
7.5 Events which occur outside of the Site
7.6 Industrial accidents or chemical reactions which can only control by personnel who have specialized training and equipment
7.7 Damage occasioned directly or indirectly by or through or inconsequence of acts of terrorism, committed by a person or persons acting on behalf of or in connection with any organization.

ARTICLE 8. CONTRACT TERMINATION:

This contract can be terminate under the following conditions:
8.1 Both parties come to an agreement to terminate this contract in writing without penalty to either party.
8.2 The time of contract expired.

ARTICLE 9. GOVERNING LAW

-The Contract shall be governed and interpreted under the laws of the Michigan-In the case that dispute of contract happens, the contract in US will be used for basis of the solution.
-This contract shall be made in two (02) originals One (01) copy of contract shall be held by each Party.
Representative of Party A Representative of Party B

Probably way too complex and may contain unnecessary clauses. I am NOT a lawyer so I'm a little out of my league here and any input I could get would be well appreciated.

Thanks
Hevy
 
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