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SERVICE DETAILS
Service Type: Weekly Maintenance
Service Frequency: Once per week
Services Included:
Services provided at nominal additional costs:
PAYMENT TERMS
Agreement Length: Month-to-Month
Payment Terms: Monthly (in advance)
Cancellation Notice Required: We do not obligate our customers to remain in a contract. While no notice is required, pre-paid amounts are not refunded if service is cancelled by the Client before the end of a prepaid service period.
OTHER STANDARD TERMS AND CONDITIONS
Service Provider agrees to provide the pool maintenance services listed above at the specified frequency. Services will be performed during normal business hours on a day determined by our route schedule based on route efficiency. We will make reasonable efforts to maintain consistent scheduling but reserves the right to adjust service days as needed. We do not charge extra for months with 5 weeks. They are partially offset by the few holidays we take during the year.
Client agrees to pay the quoted monthly amount according to the payment terms specified above. If payment is seven days past due, we reserve the right to suspend services until the account is current. Client is responsible for all collection costs and attorney fees incurred in collecting past-due amounts.
We take off the following holidays:
New Year’s Day – Service will be done before or after the holiday.
Independence Day – Service will be done before or after the holiday.
Labor Day – Service will be done before or after the holiday.
Thanksgiving Week – No Service
Christmas Week – No Service
We do not credit or reduce the billing during months with a holiday with no service. This is offset by the 4 or 5 months with 5 trips for service throughout the year.
Standard pool chemicals necessary for routine water balance (chlorine, acid, alkalinity adjusters) are included in the monthly service fee based on normal usage. Excessive chemical usage due to algae blooms, heavy pool usage, equipment malfunction, or other abnormal conditions, such as new customer water balancing, may result in additional charges. Specialty chemicals (like stain removers and tile cleaners) are not included and will be billed separately if needed.
This agreement covers routine pool maintenance and visual inspections of the pool equipment, but does NOT include equipment repairs, part replacements, or equipment troubleshooting. We will notify Client of any visible equipment problems but is not responsible for diagnosing or repairing equipment issues as part of our weekly service. Equipment repairs over fifty dollars ($50.00) will be quoted separately and performed only upon Client approval.
Client grants us permission to enter the property unannounced during normal business hours for the purpose of pool maintenance. Client is responsible for providing reliable access (working gate codes, keys, or lockbox) and must notify us immediately of any access changes. If we are unable to access the property due to locked gates, aggressive animals, or other barriers, Client will still be charged the full service fee and service may be missed until access is restored.
We are not responsible for: (a) pool equipment failures or breakdowns unless directly caused by our negligence; (b) damage to pool surfaces, tiles, or equipment from pre-existing conditions; (c) water chemistry problems caused by factors beyond our control including weather, heavy pool usage, source water quality, or equipment malfunction; (d) algae growth between service visits not caused by our negligence; (e) water loss due to leaks in plumbing or equipment; (f) damage to property, pets, or persons at the service location. Client is responsible for maintaining adequate water levels, keeping skimmer baskets clean, and informing us of any pool problems between service visits.
Service Provider guarantees that all services will be performed professionally and that the pool will be clean and chemically balanced at the time of service. However, we cannot guarantee water quality or pool condition between service visits due to factors beyond our control. If Client is unsatisfied with service quality, please let us know as soon as possible for remediation.
Either party may terminate this agreement immediately without written notice. We will provide 30-days’ notice in situations that allow. We reserve the right to terminate this agreement immediately for non-payment, consistent access denial, or any egregious situation.
Pear Tree Pool & Spa reserves the right to adjust pricing with a 30-day written notice. For fixed-term contracts, price adjustments will take effect upon contract renewal. We typically consider rate changes due to costs and market conditions once a year.
We will make reasonable efforts to maintain the regular service schedule but may delay or reschedule service due to severe weather, equipment breakdowns, or other circumstances beyond our control. While some service visits may have a reduced scope, missed services due to weather will be made up within the same billing period when possible.
MANDATORY ARBITRATION CLAUSE
Any dispute, controversy, or claim arising out of or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity thereof, or the pool services and/or repairs provided hereunder (collectively, “Disputes”), shall be resolved exclusively by binding arbitration rather than in a court of law.
The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules (or Consumer Arbitration Rules, if applicable). The arbitration shall take place in Leon County, Florida where the pool services were performed, unless both parties mutually agree in writing to an alternative location. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The parties agree that any arbitration or legal proceeding shall be limited to the Dispute between the us, the Provider, and the Customer individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Each party shall bear its own attorney fees and costs associated with the arbitration, and the parties shall share equally the administrative fees and arbitrator’s fees, unless the arbitrator determines that a different allocation is required by law or equity.
AGREEMENT ACCEPTANCE
By paying your service invoice or accepting a repair quote, you acknowledge that you have read, understand, and agree to all terms and conditions of this Pool Service Agreement. This agreement supersedes all other terms and conditions and represents the totality of the agreement between Pear Tree Pool & Spa and its customers.
