Online Agreement for Pool Service Agreement – 5910C4

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THIS POOL SERVICE AGREEMENT (“Agreement”) as dated below (the “Effective Date”) is made between Keep My Pool Clear (hereinafter "Company") and the property owner or management company (hereinafter "Customer"), with a PROPERTY and POOL ADDRESS at "As Listed Above" for the purpose of setting forth the exclusive terms and conditions by which Company agrees to to perform services for the Customer. In consideration of the mutual obligations specified in this Agreement, the parties, intending to be legally bound hereby, agree to the following:

I have read and understand

1.) STANDARD POOL SERVICE which includes and is limited to; netting of the pool, emptying of skimmer baskets, brushing of the pool. Chemical reading and adjustment. Vacuuming if necessary. Reading of filter pressure. Backwashing is performed if necessary and an inspection of the overall health of the equipment is done.

I have read and understand the Standard Pool Service Policy

2.) PAYMENT FOR SERVICES - (a)Payment - In exchange for the full performance of all services to be rendered by the Company, the Customer shall provide the Company, as full and complete compensation, the sum of $59.99 + tax for each Standard Service visit. This agreement is for a Minimum of Four (4) Standard Service Visits every Four (4) weeks. This is to be pre-paid monthly prior to the completion of services. The Client will be billed the 28th of each month in advance of the next month's services. (b)Autopay - All pricing is based upon autopay and is required. If your autopay fails to process on two (2) attempts your service will be paused and you may be subject to a $25.00 late payment fee to restore service. This may also result in the cancellation of service if autopay does not process in any multiple months at the Company's discretion. We Accept Credit Cards and ACH. (c)Check Payment - We do accept paper check payments for service. However, all services are paid in advance. A paper check must be received in our office 14 days prior to the upcoming month’s service. This must include all outstanding chemical charges and all other outstanding charges from any prior month. The upcoming month’s flat rate chemical charge, $10.00 Per Standard Service Visit for most Residential Customers, will be included on your statement/receipt (example Two (2) Scheduled Visits will see a $10 x2 =$20 charge for the 4 week cycle). All returned checks are subject to a $40 Returned Check Fee. 2 returned checks will result in termination of service. PLEASE NOTE ** ALL CHECK AND ACH payments incur a one-time fee of $9.99 per month for the first transaction and a $7.99 fee on any additional transitions each month.** Payments are due on the first day of each month. The Customer agrees to provide the Company with a valid credit card or ACH information for payment processing at all times.

I understand and Accept My Weekly Rate.

3.) TERM OF AGREEMENT AND SERVICE TIMES - The TERM OF THIS AGREEMENT IS 180 Days and renews automatically in 180 day increments unless cancelled. This agreement may be cancelled through the terms of the Termination Policy listed below. The Company will attempt to provide service(s) on the same day(s) each week between the hours of 6:30 a.m. and 7:00 p.m. However, the Company reserves the right to change the service day(s) and time(s) at its discretion.

I have read and understand the Term of My Agreement and Service Times Policy

4.) ACCESS AND PET POLICY - We must have access to the pool on your service day. All pets must be put away and secured. This is for their safety and ours. If we do not have access to the pool or a pet has not been put away and secured safely, your service will be skipped for the week. We do not knock or call. It is your responsibility to make sure we have access to the pool and all pets are put away and safely secured. We are on a very tight and specific schedule. We offer makeup days, when available, for an additional fee. There are no exceptions to this policy.

I have read and understand the Access and Pet Policy

5.) CHEMICALS - The Customer is responsible for chemical costs. The Company will bill the Customer for any additional chemicals used over the Standard Service Visit allotment of $10.00. Please note this amount is not included in the Standard Service Visit Charge. It will appear as a separate charge on your Monthly Statement

I have read and understand the Chemicals Policy

6.) MAINTENANCE - MAINTENANCE Keep My Pool Clear provides maintenance. All maintenance performed is separate from this agreement and will be invoiced and governed individually through a separate maintenance agreement. The Company is not liable and does not warranty any third party maintenance performed on the pool. This includes, but is not limited to employees of the property. The Customer is responsible for any repairs that are required. If the repairs are not completed within 30 days, the Company may charge the Customer an additional service fee of a minimum of $100 per month, plus additional chemical costs, until the repairs are completed. A working floor cleaner/vacuum is required. If you do not have a floor cleaner or your floor cleaner/vacuum an additional $50 per month fee will apply.

I have read and understand the Maintenance Policy

7.) FILTER CLEANING AND SERVICE - Filter cleaning is performed quarterly on D.E. and Cartridge filters at a rate of $179.99 + tax per filter. During the cleaning your filter’s condition will be examined and evaluated. If any maintenance is required it will be performed if the maintenance required is below $50 and charged to the card on file. If the maintenance requires more than $50 the Customer will be notified for approval. Quarterly Filter Service is REQUIRED. This required service allows us to maintain your pool at its very best and is part of determining your rate. Sand Filters are serviced at our discretion. If additional cleanings are required you will be notified in advance. The sand MUST BE changed immediately upon service. If the Customer can show the sand was changed within the last 90 days this requirement is waived. We do not service sand filters so a third party vendor would be required, which we can hire.

I have read and understand the Filter Cleaning and Service Policy

8.) SERVICE CALLS A Service Call is defined as a call for service outside of the Customer’s scheduled service days. A service call is $200 + tax and includes One (1) hour of labor for maintenance. This does not include any required parts and any labor over One (1) hour. Any labor over One (1) hour is billed at the standard labor rate of $150 per hour + tax. Payment for a service call is due immediately and the $200 + tax charge, as well as any additional charges, will be billed to the payment source on file. A service call for pool cleaning or non-repair work bills at the rate of $150 + tax and includes One (1) hour of labor.

I have read and understand the Service Call Policy

9.) THIRD-PARTY VENDORS - From time-to-time a Third Party Vendor may be required to perform services on the pool. Keep My Pool Clear is not responsible for any Third-Party and does not warranty or insure their work. However, all Third-Party Vendors are required to maintain proper insurance.

I have read and understand the Third-Party Vendor Policy

10.) SERVICE REPORTS - After each service you will receive a Service Report. This report will include chemical readings, adjustments made with chemicals, including amounts used. It will give an overview of all services performed. It will include any necessary maintenance recommendations as well as a breakdown of any additional charges.

I have read and understand the Service Report Policy

11.) NO REFUNDS - There are no refunds for unused services.

I have read and understand the Refund Policy

12.) TERMINATION - This agreement shall be effective on the date hereof and shall continue until terminated by either party. The Customer must provide 90 business days written notice. If less than 90 business days written notice is given by the client a charge for the full 90 days will still be applied. The Company may terminate this agreement at the end of any current service month

I have read and understand the Ternination Policy

13.) MISCELLANEOUS - This agreement may be amended to adjust for rising fuel and chemical costs, as well as increased inflation.

I have read and understand

14.) INDEMNIFICATION/ RELEASE - Customer and Company agree to take all necessary precautions to prevent injury to any persons or damage to property during the term of this agreement, and shall indemnify, defend and hold harmless the Company, its officers, directors, shareholders, employees, representatives and/or agents from any claim, liability, loss, cost, damage, judgment, settlement or expense (including attorney’s fees) resulting from or arising in any way out of injury (including death) to any person or damage to property arising in any way out of any act, error, omission or negligence on the part of the Customer in the performance or failure to fulfill any services or obligations under this agreement.

I have read and understand the Indemnification/Release Policy

15.) ARBITRATION - Any disputes arising out of this agreement will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitrator's decision will be final and binding on the parties.

I have read and understand the Arbitration Policy

16.) GENERAL - (a) This agreement does not create an obligation on the Company to continue to retain the Customer beyond this agreement’s termination. This agreement may not be changed unless mutually agreed upon in writing by both parties, excluding those items stated in Section 13 labeled “MISCELLANEOUS for the purposes of this agreement. This agreement will automatically renew month-to-month upon completion unless canceled prior to completion. (b) The Customer hereby agrees that each provision herein shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein. (c) This agreement contains the entire agreement between the parties hereto with respect to the transactions contemplated herein. The language of all parts of this agreement will in all cases be construed as a whole in accordance with its fair meaning and not for or against either party. (d) All notices provided for in this agreement shall be given in writing and shall be effective when either served by hand delivery, express overnight courier service, or by registered or certified mail, return receipt requested, addressed to the parties at their respective addresses as set forth at the beginning of this agreement, or to such other address or addresses as either party may later specify by written notice to the other.

I have read and understand the General Policies Section

SIGNATURE - By signing below, the parties agree to the terms of this agreement.

By signing this document electronically, I understand that my electronic signature is the same as my handwritten signature and has the same legal effect. I agree that I am legally bound by the terms of this document, and that I have read and understand the terms of this document.

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Online Agreement for Pool Service Agreement – 5910C4

Please Fill Out Your Agreement for Weekly Pool Service

A Summary and Confirmation of Service

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