Agreement Terms

This Referral and Non-Solicitation Agreement (“Agreement”) is entered into by and between Abernathy Pool & Spa Services (“Referring Company”) and the undersigned contractor (“Contractor”).

1. Purpose of Agreement

The Referring Company may refer prospective or existing customers to the Contractor for services including, but not limited to, pool construction, renovation, resurfacing, plaster work, liner replacement, tile work, decking, structural repairs, plumbing repairs, equipment replacement, and similar specialty work not performed by the Referring Company.

2. No Customer Information Until Acceptance

Contractor understands and agrees that no customer identity, address, phone number, jobsite details, or project opportunity will be released until this Agreement is accepted and signed by Contractor.

3. Non-Solicitation / No Encroachment on Service Business

This restriction includes, without limitation:

• Weekly or recurring pool maintenance
• Routine pool cleaning
• Openings and seasonal start-up service
• Closings and winterization service
• Water chemistry testing or balancing
• Salt system maintenance
• Maintenance contracts or service programs
• Any offer to replace Abernathy Pool & Spa Services in the maintenance relationship

Contractor further agrees not to use a referred job as a means to gain service or maintenance work from the referred customer, whether during the project, after the project, or at any later time.

4. No Circumvention

Contractor shall not attempt to circumvent the Referring Company by approaching the referred customer for additional services outside the scope of the referred project when such services overlap with or compete with the Referring Company’s pool service and maintenance business.

5. Independent Contractor Status

Contractor is and shall remain an independent contractor and not an employee, agent, representative, joint venturer, or partner of Abernathy Pool & Spa Services. Contractor has sole responsibility for its own:

• Work methods and supervision
• Scheduling and labor
• Permits, licenses, and code compliance
• Insurance and safety obligations
• Contracts, warranties, representations, and workmanship

6. No Liability for Contractor Work

7. Indemnification

Contractor agrees to defend, indemnify, and hold harmless Abernathy Pool & Spa Services, its owners, agents, representatives, and affiliates from and against any and all claims, demands, damages, losses, liabilities, judgments, settlements, expenses, and attorney-related costs arising out of or relating to:

• Contractor’s work or failure to perform work
• Contractor’s acts, omissions, negligence, or misconduct
• Any dispute between Contractor and a referred customer
• Any injury, property damage, defect, code issue, or warranty claim connected to Contractor’s services

8. No Endorsement or Warranty

A referral from Abernathy Pool & Spa Services does not constitute a warranty, guarantee, endorsement, partnership, or assumption of responsibility for Contractor’s performance.

9. Scope Limitation

Contractor acknowledges that the referral is limited to the construction, repair, renovation, or specialty work contemplated by the referral and does not authorize Contractor to pursue unrelated or competing maintenance work.

10. Term of Restriction

Contractor agrees that the non-solicitation and non-circumvention provisions of this Agreement apply immediately upon acceptance and continue for all referred customers on a continuing basis.

11. Entire Understanding

This Agreement represents the understanding regarding referred-customer protection and supersedes any informal discussion on that subject. If a portion of this Agreement is found unenforceable, the remaining terms shall continue to the fullest extent permitted.

12. Acknowledgment

By signing below, Contractor confirms that Contractor has read this Agreement, understands it, agrees to it, and accepts that customer information will only be shared after acceptance.

Contractor Acceptance

Signed Agreement Preview