Abernathy Pool and Spa Services may refer project opportunities to the Referral Contractor for work outside the normal scope of pool cleaning and maintenance services.

Potential referral categories may include:

• Plaster repair
• Liner replacement
• Liner repair
• Decking repair
• Tile replacement
• New pool installation
• Other specialty pool construction or repair work beyond maintenance scope

The Referral Contractor agrees that if the referred project is accepted and quoted, the applicable finder’s fee owed to Abernathy Pool and Spa Services will be selected below based on the contractor’s quoted project amount.

Select only one finder’s fee option. The contractor is responsible for selecting the option that matches the project quote amount.

1. Relationship of Parties

Abernathy Pool and Spa Services is acting solely as a referral source for work outside its service scope. The Referral Contractor remains solely responsible for its own estimates, pricing, licensing, insurance, contracts, labor, materials, project execution, warranties, code compliance, safety, taxes, and customer communications regarding the referred project.

2. Finder’s Fee Obligation

By accepting this agreement and accepting a referred lead, the Referral Contractor agrees to pay the applicable finder’s fee to Abernathy Pool and Spa Services based on the project amount quoted to the referred customer.

The finder’s fee is earned upon the Referral Contractor’s acceptance of the referral and project award or signed customer commitment for the referred work, whether full payment from the customer is received immediately or later according to the contractor’s own billing terms.

3. Non-Circumvention / No Maintenance Solicitation

If the Referral Contractor accepts this agreement, the Referral Contractor agrees that it will not offer pool cleaning or weekly pool maintenance services to the individual or property owner to whom the Referral Contractor is referred under this agreement.

The Referral Contractor further agrees not to use the referred project as an opportunity to solicit, market, or sell recurring pool cleaning, chemical-only routes, weekly maintenance, or similar ongoing maintenance services to the referred customer.

This restriction is a material term of this agreement and is part of the consideration for the referral.

4. No Transfer or Reassignment of Referral

The Referral Contractor may not reassign, transfer, sell, or pass the referred customer or project to another contractor, company, or subcontractor for the purpose of avoiding the finder’s fee or bypassing Abernathy Pool and Spa Services without prior written approval.

5. Referral Address and Customer Information

The Referral Contractor understands that the referred customer’s address and identifying details will be disclosed only after this agreement is accepted. Any customer contact information shared by Abernathy Pool and Spa Services shall be used solely for the purpose of preparing and performing the specific referred project.

6. No Joint Venture / No Agency

Nothing in this agreement creates a partnership, joint venture, employment relationship, or agency relationship between Abernathy Pool and Spa Services and the Referral Contractor. Each party remains an independent business entity.

7. Contractor Responsibility

Abernathy Pool and Spa Services makes no guarantee regarding project award, customer approval, project profitability, customer payment, or job conditions. The Referral Contractor is solely responsible for performing its own due diligence and determining whether to pursue or accept the project.

8. Payment of Finder’s Fee

The Referral Contractor agrees to pay the selected finder’s fee within days after customer acceptance of the contractor’s quoted project, contract execution, or receipt of the first project deposit, whichever occurs first.

9. Limitation of Liability

Abernathy Pool and Spa Services shall not be liable for project disputes, workmanship claims, construction defects, payment disputes, schedule delays, warranties, customer dissatisfaction, or damages arising from the Referral Contractor’s work or customer relationship. The Referral Contractor assumes full responsibility for the referred project once the referral is accepted.

10. Termination

Abernathy Pool and Spa Services may stop making referrals to the Referral Contractor at any time. However, any finder’s fee obligation relating to a referral already accepted before termination shall remain enforceable.