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TERMS AND CONDITIONS

THE FINE PRINT

SERVICE AGREEMENT


This Agreement is made this day MONTH DATE YEAR between ABLE POOL AND PATIO LLC (hereinafter “ABLE”) and CUSTOMER, (hereinafter “CUSTOMER”) for services to be provided at ADDRESS.


The Parties agree that CUSTOMER has contracted with ABLE to perform pool and/or spa maintenance (hereinafter “SERVICE”) at the address specified above. The Parties agree that this is a monthly service contract and CUSTOMER agrees to pay ABLE monthly in advance of the SERVICE to be provided that month. The Parties agree that in the event CUSTOMER fails to pay in advance of SERVICE being provided as required by this Agreement, the contract shall be terminated and CUSTOMER shall be required to pay the pool service fee for one month as liquidated damages.


1.Service Frequency and Fees: ABLE will provide SERVICE once a week at the CUSTOMER’S address stated above. CUSTOMER agrees to pay a monthly service fee of $AMOUNT in advance each month for the SERVICE. The designated date of SERVICE each week is DAY, however ABLE reserves the right to change date without notice so long as pool is serviced 1x per week.


The Parties agree that circumstances can arise that affect or prevent ABLE from performing SERVICE such as weather, illness, or holiday. In such event, ABLE may elect to postpone SERVICE for one week, not to exceed 5 weeks each year. However, in no event shall SERVICE be provided during the weeks of Thanksgiving and Christmas.


In the event of inclement weather on the scheduled date of SERVICE, SERVICE will be performed to the extent weather permits.


CUSTOMER must ensure ABLE has access to the service area on the scheduled service day, including: gate entry codes, lock combinations, security guard verification, and pets relocated from pool/spa area. If ABLE is unable to access the service area for any reason, SERVICE will not be performed that week and CUSTOMER shall not be entitled to a credit.


Vacation/Holidays: ABLE will be closed and SERVICE will not be provided as follows: 1) Two weeks during the calendar year (CUSTOMER will be notified of the week in advance); 2) Thanksgiving week; and 3) Christmas week. These dates are already accounted for in calculating the monthly service fee of 48 weeks of SERVICE out of a 52 week year (i.e, 4 months out of the year have a 5th service day for which CUSTOMER is NOT charged.). Therefore, no credit is due. In the event of an emergency, ABLE will make every effort to return calls, texts or answer emails. Emergency services are provided at a separate agreed upon rate quoted on a case by case basis.


2.SERVICE:

a. ABLE responsibilities. ABLE shall provide the following SERVICE each week:

  • Skim and brush weekly as needed.

  • Clean skimmer basket weekly as needed.

  • Vacuum as needed.

  • Balance chlorine, pH, alkalinity and stabilizer weekly.

  • If pool is salt, add salt as needed and clean cell as needed.

  • Add to automatic chlorinator stabilized chlorine tablets weekly as needed.

  • Clean filter and pump basket once per month.

  • Replace filter or salt cell as needed. ABLE will invoice CUSTOMER for filter or salt cell replacement separately and obtain approval prior to invoicing and replacing.

  • Treat for algae as needed.

  • Treat for phosphate as needed. Please note, phosphate removal is an additional chemical fee, ABLE will seek approval for removal and associated cost prior to treatment.

  • Standard amounts included in chemicals are as follows:

-- Up to 2.5 gallon jug of liquid chlorine (i.e., “shock”) per month;

-- Up to 2 oz. algaecide treatment per month.

-- Up to 3 stabilized chlorine tablet per week

-- Up to 4 cups pH and alkalinity each per month

-- Up to 4 cups stabilizer per month


b. CUSTOMER Responsibilities. CUSTOMER agrees to:

  • Maintain water levels during the week. Recommended water level is MID-TILE.

  • Keep pool deck free of debris, trash, and weeds and keep trees and plants trimmed away from pool (not to hang over pool).

  • Repair any broken screens on pool enclosure. CUSTOMER may hire ABLE to repair screens at a separate agreed upon fee. If screen repair is not addressed in timely manner, ABLE reserves right to increase monthly service fee until screens are repaired.

  • Provide clear access to pool and pool equipment and keep pump area clean and free of debris, garbage or foliage. Pool floats, toys, etc. must be removed from are prior to service day.

  • Remove pest nests such as ants, stinging insects (wasps, hornet, etc) nests, and excessive spider and spider webs (e.g., brown widows, black widows).

  • Keep pool deck in good condition and power wash excessive algae build up and dirt as needed. CUSTOMER may hire ABLE to power wash pool deck and lanai screens and age at a separate agreed upon fee. If pool deck and cage cleanliness is not addressed in timely manner, ABLE reserves right to increase monthly service fee until situation is rectified.

  • Supply and maintain an accessible water hose in good working condition.


Standard amounts of chemicals used during weekly SERVICE (excluding phosphate removers) are included in the monthly service fee. If pool requires chemicals beyond a standard chemicals balance, additional charges will apply (see paragraph 2a). Filter cleaning is included as a monthly service and will only be cleaned once per month, unless extra service is required. Additional bi-weekly or weekly filter cleanings will be charged an additional monthly. All pool equipment (pipes, pumps, baskets, filter housing, chlorinator, etc.) MUST be properly maintained in order for ABLE to perform proper SERVICE.


Excessive debris clean up: ABLE maintains CUSTOMER’S pool chemicals and performs normal cleaning of common pool debris (e.g, leaves, insects, frogs, lizards, dirt, bark, etc.). Upon entering CUSTOMER’S property, if ABLE determines that the pool or spa has excessive debris, e.g., storm cleanup, excessive debris brought in by bathers, and any other situations out of the normal scope of work for CUSTOMER’S pool or spa, ABLE will charge for Excessive Debris Clean Up at a rate of $35 per hour plus additional chemicals if needed.


Pets: It is CUSTOMER’S responsibility to contain and restrain all pets. ABLE makes every attempt to keep gates closed at all times, but is not responsible if a pet gets out while ABLE is servicing pool. In addition, CUSTOMER accepts responsibility for any injuries or death inflicted by pets on ABLE technicians, employees and/or representatives.


3.Repairs: No repairs are not included in the monthly service fee. CUSTOMER may hire ABLE to perform repairs. If repairs are not addressed in timely manner, ABLE reserves right to increase monthly service fee until repairs are made.

4.Payment: ABLE accepts payments of checks and credit/debit cards. Each monthly payment must be received by ABLE, in full, before the FIRST scheduled SERVICE for that month. ABLE will invoice by email between 3-7 days before payment due date. Credit/debit cards may be left on file and automatically deducted each month.


If payment is not received within 7 days of due date, and any additional charges that may become due and payable, CUSTOMER shall be in default. In the event of default, SERVICE will be paused and CUSTOMER will be assessed a late fee penalty of $25.


5.Disclaimer: ABLE shall not be responsible for any damage to property, injury or death, due to acts of nature, fire, vandalism, misuse, or abuse. CUSTOMER should be aware of normal deterioration of equipment that occurs over time due to exposure to chemicals, sunlight, and, in some cases, other corrosive materials (i.e. salt). The CUSTOMER is responsible for maintaining correct water level at all times. ABLE is not responsible for any injury, death, damages or deterioration caused by failure of a CUSTOMER to perform other services recommended by ABLE, or by failure of CUSTOMER to properly maintain pool and equipment between visits. CUSTOMER’S pool and spa MUST adhere to all swimming pool required federal and state safety measures and requirements for residential pools. It is the responsibility of CUSTOMER to be aware of all federal and state safety measures and requirements and to maintain compliance. ABLE is not liable for any injury, death, or damage caused by CUSTOMER’S failure to adhere to these lawful requirements.

6.Termination: The Parties agree that this Agreement is a monthly service agreement that continues from month to month until terminated. The Agreement may be terminated by either Party. However, the Parties further agree that CUSTOMER shall give ABLE thirty (30) days advance written notice of CUSTOMER’S termination of this SERVICE Agreement. Such written notice may be delivered in person, text or by email.

7.Mediation: The Parties agree that any future disputes between them arising under this Agreement shall be submitted to mediation before an agreed upon mediator. The mediation shall take place in Polk County, Florida. This Agreement shall be construed and is governed under the laws of the State of Florida.


Printed Name: CUSTOMER


ABLE POOL AND PATIO LLC


Raymond Bell, Owner