Agreement Terms
1. Scope of Routine Service
Abernathy Pool and Spa Services agrees to provide professional swimming pool maintenance services which may include:
Testing and balancing pool water chemistry
Adding sanitizers and chemicals as needed
Skimming debris from pool surface
Emptying skimmer and pump baskets
Brushing pool walls and steps
Vacuuming pool when necessary
Checking pump and filtration operation
Visual inspection of pool equipment
Services are performed in accordance with industry best practices and Certified Pool Operator (CPO) standards.
The initial startup or first service visit may involve more extensive evaluation, cleaning, chemistry correction, and chemical demand than ongoing weekly visits. For that reason, the initial startup visit may be priced differently from the recurring weekly maintenance rate.
Routine service is limited to normal maintenance activities only and does not include invasive inspection, leak detection, underground plumbing analysis, disassembly of equipment, structural evaluation, electrical diagnosis, engineering review, or discovery of hidden defects.
Services such as repairs, equipment replacement, filter cleanings, algae treatments, pool openings, pool closings, and major cleanups are not included in routine maintenance unless specifically agreed upon.
2. Service Schedule
Service is typically once per week unless otherwise agreed.
Service days may occasionally change due to weather conditions, holidays, emergency service calls, or route adjustments. Every reasonable effort will be made to maintain a consistent service schedule.
3. Customer Responsibilities
The Customer agrees to:
Maintain proper water level in the pool
Ensure the pool area is accessible on service day
Secure pets away from the pool service area
Maintain power and water supply to equipment
Notify the Service Provider of equipment problems
Notify the Service Provider of any known liner weakness, prior patching, leaks, brittle surfaces, or pre-existing damage
Remove or secure any personal property, toys, hoses, covers, or accessories that could interfere with service
If access is restricted or conditions are unsafe, service may be skipped and billed as a normal service visit.
4. Chemical Treatment
Chemicals will be added as necessary to maintain safe and balanced pool water.
Chemical usage is determined based on:
Pool size
Water condition
Weather conditions
Environmental debris
Swimmer load
The initial startup or first visit may require additional chemicals, corrective chemistry, or intensive treatment due to the starting condition of the pool. Chemicals for that initial startup visit may or may not be included, depending on the selection shown in the Service Plan and Fees section of this agreement.
If the Customer continues weekly service with Abernathy Pool and Spa Services, chemicals for ongoing weekly service visits are included only if indicated in the Service Plan and Fees section of this agreement.
Customers may request information regarding chemicals used and quantities added.
Water chemistry management is based on conditions observed at the time of service. The Service Provider does not guarantee uninterrupted clarity, sanitation, or algae-free conditions between visits due to weather, usage, equipment performance, customer actions, or other conditions beyond the Service Provider’s control.
5. Customer Chemical Additions
The Customer agrees not to add chemicals to the pool between service visits without notifying the Service Provider.
If chemicals are added by the Customer or another party, Abernathy Pool and Spa Services cannot be responsible for resulting water chemistry issues, liner damage, surface damage, staining, bleaching, scale formation, or algae growth.
6. Equipment Condition
Pool equipment is mechanical and may fail due to:
Age
Wear
Improper installation
Electrical issues
Manufacturer defects
The Service Provider will notify the Customer if equipment appears to require repair or replacement.
Abernathy Pool and Spa Services is not responsible for water quality issues, downtime, or damage caused by equipment malfunction, hidden defects, delayed repairs, or failure of existing components not caused by the Service Provider’s negligence.
Repairs exceeding $
7. Weather and Environmental Conditions
Heavy rain, storms, pollen, wind, and debris may affect pool water conditions.
Abernathy Pool and Spa Services cannot guarantee clear water immediately following severe weather events.
Additional services may be required following storms or extreme environmental conditions.
8. Algae Recovery Clause
Routine maintenance is intended to maintain a properly functioning pool.
However, pools may develop algae due to factors outside routine service including storms or heavy rain, equipment failure, low water levels, customer chemical additions, improper filtration, or excessive swimmer usage.
If a pool turns green or requires algae removal, additional cleaning and chemical treatment charges may apply.
9. Heavy Pool Usage
Heavy pool usage such as parties, large gatherings, or frequent swimming may significantly impact water chemistry.
Customers are encouraged to notify the Service Provider when large gatherings are planned so proper chemical adjustments can be made.
Abernathy Pool and Spa Services cannot guarantee water clarity immediately following heavy pool usage.
10. Pool Openings and Closings
Seasonal pool openings and closings are separate services and are not included in routine maintenance service unless specifically agreed upon.
Pricing will be provided upon request.
11. Payment Terms
Payment for services is due within
Accepted payment methods may include:
Cash
Check
Electronic payment
Service may be suspended if accounts become delinquent.
12. Pre-Existing Conditions and Vinyl Liner Acknowledgment
The Customer acknowledges that many pools, liners, fittings, pool surfaces, plumbing components, and related equipment may have hidden, aged, brittle, weakened, patched, deteriorated, improperly installed, or otherwise compromised conditions that may not be visible before service begins.
Vinyl liners in particular may weaken over time due to age, sun exposure, chemical history, water loss, prior repairs, manufacturing issues, improper installation, shifting ground, or ordinary wear.
Abernathy Pool and Spa Services is not responsible for tears, punctures, seam separation, cracking, wrinkling, bleaching, staining, fitting failure, or other damage resulting from pre-existing weakness, age-related deterioration, brittle materials, concealed defects, improper prior installation, or conditions not caused by the Service Provider’s negligence.
Routine brushing, vacuuming, skimming, basket cleaning, and other normal maintenance activities may reveal or expose existing weaknesses that were already present.
13. Pool Condition Documentation
The Customer acknowledges that the condition of the pool, liner, fittings, equipment, and surrounding pool area may include existing wear, deterioration, staining, cracks, leaks, patches, fading, brittleness, or other pre-existing conditions.
Abernathy Pool and Spa Services may document pool conditions during initial service visits through written notes or photographs for service records.
The Customer agrees that such documentation may be used to verify the condition of the pool and equipment prior to service in the event of any dispute regarding damage or pre-existing conditions.
The Customer further acknowledges that normal cleaning activities such as brushing, vacuuming, skimming, and basket cleaning may reveal or expose existing weaknesses or deterioration that were not previously visible.
14. Limitation of Liability
Abernathy Pool and Spa Services agrees to perform services in a professional manner consistent with industry standards.
However, the Service Provider shall not be responsible for damages or losses caused by:
Equipment failure
Structural pool issues
Underground plumbing leaks
Weather-related events
Customer chemical additions
Pre-existing pool conditions
Hidden or latent defects
Aged or brittle liners, fittings, plaster, tile, decking, or accessories
Acts or omissions of third parties
To the fullest extent permitted by applicable law, Abernathy Pool and Spa Services shall not be liable for incidental, indirect, special, or consequential damages, loss of use, loss of enjoyment, water loss, or damage occurring as a result of conditions beyond the Service Provider’s reasonable control.
Nothing in this agreement is intended to waive liability for direct damages proven to have been caused solely by the Service Provider’s negligence.
15. Property Safety
The Customer acknowledges that pool areas may contain slippery surfaces or other hazards.
The Customer is responsible for maintaining safe premises for household members, guests, and invitees. Abernathy Pool and Spa Services is not responsible for injuries occurring on the property during or after service visits unless such injury is directly caused by the negligent acts of the Service Provider.
The Customer further acknowledges that routine service may involve wet surfaces, hoses, poles, equipment, and chemicals in the service area during the visit and agrees to keep people and pets clear of the work area while service is being performed.
16. Termination of Service
Either party may terminate this agreement with 14 days written notice.
Immediate termination may occur if payment obligations are not met, access to the pool is restricted, unsafe conditions exist, or the Customer requests services outside the agreed scope that the Service Provider declines to perform.
17. Professional Certification
Abernathy Pool and Spa Services is owned and operated by Zach Abernathy, a Certified Pool Operator (CPO) trained in professional pool maintenance, water chemistry management, and pool safety standards.
