Terms of Service

1. Scope of Service, Subcontractors, & Right of Access

Service encompasses aquatic facilities within 35 miles of ZIP 08110. Clients grant the Company and its authorized subcontractors an irrevocable right of access to the property during scheduled service windows. All liability limits, disclaimers, and indemnities herein extend fully to the Company’s subcontractors.

2. Site Preparation & Utility Access Disclaimer

To ensure the timely and professional execution of quoted services (including but not limited to Drain & Clean operations), the Client agrees to provide unobstructed and continuous access to the following utilities:

• Pressurized Water: Access to at least one (1) functional exterior water spigot is required for power-washing, surface cleaning, and re-filling processes.
• Electrical Power: Access to at least one (1) functional, grounded 120V exterior electrical outlet is required for the operation of professional tools, pumps, and/or job site lighting.
• Service Readiness: If required utilities are inaccessible, non-functional, or deactivated upon arrival, the Company reserves the right to reschedule the project and assess a minimum Mobilization & Lost Labor Fee of $150.00.

3. Pre-Existing Hydraulics, Utilities, & Property Damage

The Company adheres to current PHTA/ANSI standards but assumes zero liability for flow-rate issues, equipment failures, or damages caused by pre-existing plumbing architecture, degraded electrical grids, or tripped breakers utilized during the standard course of service. The Client warrants that all private underground utilities are clearly marked prior to service.

4. Water Evacuation Assumption of Risk

Draining a body of water carries inherent geophysical and material risks. The Client assumes all risk and holds the Company entirely harmless for hydrostatic lifting (concrete pop-outs), structural cracking, or vinyl liner shrinkage/floating resulting from necessary water evacuation.

5. Statutory Right to Cancel (Residential Consumers Only)

• New Jersey Residents: Under New Jersey law, residential homeowners maintain the right to cancel a signed contract, without penalty, within three (3) business days of execution, provided work has not yet commenced.
• Pennsylvania Residents: Under the Pennsylvania Home Improvement Consumer Protection Act (HICPA), residential consumers may rescind this contract without penalty within three (3) business days of the date of signing.

(Notice of cancellation must be sent via certified mail, return receipt requested, or personally delivered to the Company's primary business address).

6. Financial Terms, Agency Guaranty, & Liens

Payment is due upon receipt. Balances unpaid after 30 days accrue interest at 1.5% per month (18% annually). The Company explicitly reserves the right to file a Construction/Mechanic’s Lien for unpaid labor and materials. If this agreement is authorized by a Real Estate Agent, Contractor, or Property Manager on behalf of a principal/owner, the authorizing agent agrees to be jointly and severally liable for all charges.

7. Premises Security & Barrier Shield

Maintaining legal pool barriers, fences, self-latching gates, and alarms is the non-delegable duty of the property owner. The Company assumes zero liability for unauthorized access, drownings, or injuries. Once personnel depart, the burden of securing the perimeter falls entirely upon the Client.

8. Warranties & U.C.C. Disclaimer

The Company provides a Limited 1-Year Warranty strictly for latent defects in installation labor/workmanship. This warranty is strictly non-transferable. All manufactured parts are covered exclusively by the manufacturer’s warranty. The Company expressly disclaims all implied warranties under the Uniform Commercial Code (UCC), including merchantability and fitness for a particular purpose. All warranties are voided by Acts of God, freezing, power surges, or third-party tampering.

9. Smart Systems & Network Dependency

For all automation, Wi-Fi-enabled, or "smart" equipment installations, the Company guarantees the hardware installation only. The Company is absolutely not responsible for equipment disconnections, failure to trigger schedules, or subsequent water chemistry degradation caused by the Client’s internet service provider (ISP), router latency, power outages, or third-party app updates.

10. Obsolete Equipment & Code Upgrades

The Company frequently encounters "grandfathered" or obsolete plumbing and electrical systems. If the Company determines that pre-existing panels, disconnects, or wiring pose an immediate safety hazard or violate current building codes, the Company reserves the right to halt work until a licensed electrician rectifies the hazard at the Client’s expense. The Company assumes no liability for the failure of pre-existing, aged equipment that breaks during standard repair operations.

11. Saunas, Steam Rooms, & Cold Plunges

The Client acknowledges that the use of extreme temperature wellness equipment carries inherent, severe health risks, including thermal shock or hyperthermia. The Client assumes all medical and operational liability for the use of these amenities. Furthermore, for any indoor equipment, the Company is not liable for structural degradation, mold, or drywall damage resulting from standard steam condensation or incidental indoor water pooling.

12. Cosmetic Variances & Structural Settling

When the Company performs concrete, plaster, tile, or masonry repairs, the Client acknowledges that an exact color, texture, or aesthetic match with existing aged materials is physically impossible due to UV fading and chemical weathering. The Company guarantees structural integrity but expressly disclaims any warranty regarding aesthetic uniformity or future natural settling/cracking of masonry.

14. Commercial Compliance & Indemnification (Commercial Clients)

The Client assumes total responsibility for facility compliance with local Boards of Health, the ADA, and the Virginia Graeme Baker (VGB) Pool and Spa Safety Act. If the Company recommends a life-safety upgrade and the Client refuses in writing or by inaction, the Client shall fully indemnify, defend, and hold harmless the Company against any resulting claims, lawsuits, or fines.

15. Chemical Exclusions & Proof of Service

The Company is not liable for the staining of plaster or liners caused by the Client’s source water or environmental fallout. Photographic or video evidence captured by technicians constitutes absolute proof of service completion and condition.

16. Owner Maintenance Mandate & Duty to Mitigate

Daily maintenance—including the emptying of skimmer/pump baskets—is the sole responsibility of the Client. Debris ingestion caused by neglect voids all warranties. Upon discovery of an equipment anomaly, the Client must immediately deactivate the system.

17. 48-Hour Notice of Patent Deficiencies

Any immediate, visible service dissatisfaction or perceived error must be reported in writing within 48 hours of service completion, or the claim is absolutely waived.

18. Termination of Service

The Company reserves the right to immediately terminate recurring service or walk off a job site if the Client or their representatives create a hostile, unsafe, or toxic environment for our personnel.

19. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provision of this Agreement, which shall remain in full force and effect.

20. Governing Law, Venue, & Prevailing Party

For properties located in New Jersey, this Agreement is governed by New Jersey law with exclusive venue in the State or Federal courts of Camden County, New Jersey. For properties located in Pennsylvania, Pennsylvania law shall apply with venue in the county where the property resides. Client expressly waives the right to a jury trial. In any litigation arising from this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and court costs.