Making Revisions

Just before the holidays, PRISM International members received a revised version of the organization’s Standard Storage and Service Agreement. This document is a contract template made available to all members of PRISM International. This document can be shared with an attorney to provide sample contract language that can then be modified to conform to specific conditions in a state, province or country.

The goal of this revision was to provide special provisions for various vertical markets serviced by PRISM International members, including physical records storage and management, confidential destruction services, data protection services and imaging services. Each of these service offerings has specific requirements; these requirements are accommodated through the use of a structure that differs significantly from previous versions. The new version of the storage agreement is divided into five articles. Article One is devoted to general provisions that apply to any type of service offering, and Articles Two through Five apply to specific service areas.

Of particular concern to the committee that worked on this revision were new exposures created through accidental data breaches or employee errors that could expose a PRISM International member to significant liability. A great deal of the work in this version was concentrated on the revision of limitation of liability language designed to help manage these exposures.

For the first time, a narrative document has been sent along with the standard storage agreement. This narrative document helps explain the reasons for each item in the agreement. More importantly, the narrative document identifies areas of special concern requiring business decisions, which may lead to changes in the language when the member’s attorney completes a review of the document prior to its use. Also contained in the narrative is alternative language that was discussed by the committee but that was not included in the body of the document. In some cases this language provides a completely different approach that a business owner should consider prior to revising the contract for his or her company. In other cases, there is language deleted from previous versions of the agreement but made available to members in case they would like to re-insert this information in their adaptation of the agreement. The narrative also addresses the various addenda that can be added to the agreement for particular types of clients.

Because the revision of the agreement was funded in part with membership dues, its distribution is limited to members of PRISM International. More information is available by calling 800-336-9793 or e-mailing staff@prismintl.org.