Terms and Conditions — Residential Routine Maintenance

Acknowledgement

Upon subscribing to routine maintenance service, the Customer enters into a legally binding agreement for the provision of regularly scheduled pool cleaning services. The Customer hereby represents and warrants their legal ownership or authorized control of the real property where the pool is situated. The Customer grants unequivocal authorization for the commencement of recurring weekly service and assumes full legal responsibility for all resulting financial obligations. It is expressly understood and agreed that any oral statements contradicting these terms and conditions, or the specific terms of the routine maintenance service agreement, are deemed non-binding and without legal force. These terms and conditions establish the comprehensive framework for the service, explicitly outlining the Customer's duties and obligations. The Customer acknowledges their responsibility to thoroughly read and comprehend these terms in their entirety. Within this agreement, the term “pool” shall be interpreted to include any connected vessel, such as spas, basins, or water features.

Your Service

• Accessibility: The Customer bears the sole responsibility for ensuring unobstructed access to the swimming pool for the designated pool maintenance specialist on the scheduled service day. This responsibility includes, but is not limited to, securing all pets, leaving any relevant neighborhood and pool gates unlocked (unless the provider possesses the necessary combination or access code, or the Customer has agreed to utilize a provider-supplied padlock), and removing all pool or equipment covers prior to the scheduled service time. The pool maintenance specialist is strictly prohibited from removing any pool or equipment covers to perform the service. In the event that the pool is inaccessible for any reason, including but not limited to locked gates, covers, local construction, or unrestrained animals, the pool maintenance specialist shall not be required to wait. Instead, the specialist will mark the account as unserviceable and proceed with their schedule, and the Customer acknowledges and agrees that no refund will be issued for the missed service. The provider is under no obligation to make a return service visit, and any such return visit, if undertaken, may be subject to an additional service fee.

• Rescheduling or Additional Service: Customers are requested to notify our office in advance of their scheduled service day for any event requiring rescheduling or for any supplementary service requests, allowing us to assess the possibility of accommodation. Please be advised that pool maintenance specialists' daily schedules are often at capacity, and therefore, special requests may not be able to be accommodated.

• Service Issues: The Customer has a duty to promptly notify our office of any questions, issues, or perceived failures in service delivery within twenty-four (24) hours of the completion of the pool service. Failure to provide such timely notification shall constitute a waiver of any claim against the provider, as it impedes the provider's ability to ascertain the cause of the alleged issue, and the provider shall bear no responsibility thereof. The provider explicitly disclaims liability for green pool conditions arising from rain, excessive debris, non-functional or poorly maintained equipment, pool water loss, or elevated chlorine consumption due to usage or environmental conditions. The Customer acknowledges and understands that various factors, including swimmer load, equipment age and condition, proximity of vegetation, and weather occurrences (including high winds, storms, hurricanes, and rain), can contribute to cloudy water, algae, or other issues between service intervals. The Customer further acknowledges that remediation of pool conditions following adverse weather or other contributing events may require multiple service visits, potentially incurring additional fees for which the Customer shall be responsible.

• Service Exceptions for Holidays and Weather: The provider reserves the right to modify or suspend service on Thanksgiving Day and Christmas Day, with a corresponding adjustment to the Customer's service rate. The Customer is advised to contact the provider for specific details regarding any such service exceptions. Furthermore, the provider may be unable to perform the vacuuming portion of the service (if applicable) on days with high winds due to visibility limitations. Similarly, on days with rain or storms, the provider may be unable to perform the leaf removal, brushing, or vacuuming portions of the service (as applicable) due to concerns regarding visibility and safety. The provider retains the right to limit or suspend service, or in extreme circumstances, close its office, in the event of severe weather conditions that render pool servicing dangerous or inadvisable. The Customer acknowledges and agrees that no refunds will be issued for any limitation or suspension of service resulting from circumstances beyond the provider's reasonable control, including but not limited to the aforementioned weather conditions and holidays.

• Cancellation: Pool cleaning services are continuous. Please contact the office in writing to properly discontinue service.

Your Pool and Equipment

• Water Level: You need to make sure your pool has the right amount of water in it, unless we've specifically agreed to fill it for you. For us to clean your pool well and for your pool equipment to work correctly, the water level should be in the middle of the opening where the water gets sucked in (the skimmer) or in the middle of the tile line. If the water is too low and we haven't agreed to fill it, our pool cleaner might, as a helpful step (but they don't have to), turn off your pool's valves, equipment, or circuit breakers to prevent damage. If your pool is losing water because of a leak you can't see, we can't guarantee the water is safe or clean and might have to stop cleaning until the leak is fixed. Also, if leaks make us use a lot more chemicals, you might have to pay extra. We're not responsible for any damage caused by low water levels or for anything our pool cleaner does or doesn't do related to a pool with low water.

• Risks of Pool Filling Service: Should the provider undertake to maintain the Customer's pool water level or otherwise provide pool filling services, the Customer expressly acknowledges the inherent risks associated therewith. These risks encompass, without limitation, water overflow, water overuse, malfunction of automated filling mechanisms, slip and fall hazards, negative impacts on water quality, and structural damage attributable to ground conditions. The Customer hereby agrees to assume all such risks, and the provider shall not be responsible for any resulting losses, damages, or liabilities. The provider retains the discretion to mandate the Customer's execution of a separate waiver before initiating any pool filling services. Additionally, the provision of filling services may be subject to geographical limitations or specific operational constraints.

• Chemicals: You agree you shall not introduce any chemicals into the pool. The Customer acknowledges the potential for dangerous chemical reactions and agrees that the provider shall not be responsible for any damage or issues caused by the Customer's addition of chemicals. For any inquiries or concerns regarding the pool between service visits, the Customer is directed to contact the provider.

• Equipment Maintenance: The Customer warrants that the swimming pool shall possess adequately functioning pool equipment, including, but not limited to, pumps, filters, and pool sweeps. The Customer is obligated to operate the pool's filtration pumps for a sufficient duration to ensure the complete turnover of the pool's water volume through the filtration system at least once within a twenty-four (24) hour period. If the pool is equipped with a suction-side, pressure-side, or in-floor cleaner, the Customer shall ensure that it is programmed to operate daily or in accordance with its design specifications. The provider shall not be held responsible for the costs associated with the replacement of any pool equipment due to normal aging, weathering, or the Customer's neglect. Furthermore, the Customer acknowledges that additional charges may be incurred if the use of older or poorly maintained equipment results in excessive chemical consumption or contributes to pool water maintenance issues. In instances where the provider may furnish pool equipment or parts for the Customer's use, the provider shall not be liable for any subsequent malfunction of said equipment after the provider's departure from the Customer's property.

Billing

The Customer shall maintain a valid credit card securely on file and shall be enrolled in the provider's autopay service as a condition of receiving services. Credit card information may be provided via the Skimmer customer portal or by telephone to a customer service representative. Payment for recurring weekly cleaning services will be automatically charged to the designated credit card within twenty-four (24) hours of the service date. In the event of late payment due to declined credit cards or insufficient funds, the outstanding balance must be remitted prior to the next scheduled service date. Failure to remit payment by this deadline shall constitute non-payment and a breach of this agreement, and all continuous pool services will be suspended until a valid credit card is added to the account for autopay enrollment. The Customer remains responsible for any outstanding balances accrued during any period of service suspension.

• Repair Service Calls: When your pool equipment needs fixing (separate from our regular cleaning), our expert repair technicians are here to help. To ensure your safety, the safety of our team, and to comply with all rules, we ask that you let our qualified repair technicians handle these issues. Work done by any third party that doesn't follow strict safety rules can create a potential safety hazard. If a repair is done by a third party and we find it doesn't meet our safety standards and causes safety concerns, we might have to stop your service immediately without a refund. We require a payment method on file or payment in advance prior to performing repairs.

General

These terms and conditions are governed by the laws of the state in which your pool is located. You agree that all claims, disputes, and other matters in question arising out of or relating to your routine maintenance service and any repairs we conduct for you will be decided by mediation or non-binding arbitration and in accordance with the industry rules then in effect unless mutually agree otherwise. In the event you default on payment, you agree to pay all collection costs and interest from the date of default. If any provision of these terms and conditions is deemed invalid, the other provisions of these terms and conditions will remain in full force and effect.