Swimming Pool Service Contract
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This swimming pool maintenance agreement defines terms and conditions for the provision of pool maintenance, installation, cleaning, or repair services for various types of properties.
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What is a swimming pool service contract?
A swimming pool service agreement is a written contract that outlines the terms under which a professional maintains, cleans, or services a swimming pool to be provided to a client.
The purpose of this pool maintenance contract is to set a clear scope of work, payment terms, mutual rights and responsibilities, liability terms, etc.
The present swimming pool service contract could be used for various types of properties, including gyms, houses, apartment complexes, hotels, office buildings, etc.
The parties involved in a swimming pool contract are a client and a contractor. A client, also known as a customer, is a person that orders professional pool cleaning and maintenance services. Under this contract a customer could be a homeowner, property manager, landlord, or tenant. A contractor is a professional business or individual that provides pool maintenance services in exchange for remuneration. Since a swimming pool contract is a special type of a general services agreement, a contractor could also be referred to as a service provider. Most of the states do not require any special licensing for the provision of pool cleaning or maintenance services.
What does this swimming pool service contract cover?
A solid pool maintenance contract template must include a list of essential elements to be a complete and valid legal document.
Scope of Services
The “legal heart” of every swimming pool maintenance agreement is the definition of services. This clause is also called the “subject” of the contract, and without it the document cannot become complete. Always try to use clear and unambiguous wording when describing services to be provided.
In the case of a swimming pool building contract, it is also advisable to state in a contract a final deliverable a customer expects to get.
Service Schedule
A well-drafted swimming pool service contract shall also specify the frequency of the provision of services. For instance:
- on an as-needed basis. There are no schedules or dates when services are provided. However, a contract defines how a client can send an advance request for a one-time service. For example, a client may request one general cleaning this month and repair services the next month.
- schedule. The contract could outline specific dates and times for regular swimming pool maintenance.
- specific date. This contract is being used for the provision of a one-time requested service.
Provision of Equipment and Materials
Every pool maintenance contract template shall outline a person responsible for the provision of necessary equipment and chemical materials. As a rule of thumb, all required equipment shall be provided by a contractor, while all materials shall be delivered by a customer. However, parties can change this arrangement any time.
If parties agree that all required materials and equipment shall be provided by a contractor, the text of a contract must reflect if a client shall compensate separately for those expenses or not.
Contractor’s Liability
As a general rule, a party’s liability for death or injury caused to another party cannot be limited in the contract.
However, for the rest of the cases, a contractor’s liability is normally being limited to the amount paid by a client under a swimming pool contract. For instance, if the price for provided services is USD 600, it means that a guilty party would need to pay compensation in the amount not exceeding USD 600.
Last but not least, a contractor’s liability is being excluded completely in the pool maintenance contract template:
(i) pre-existing conditions (e.g., stains, scratches);
(ii) improper installation or repairs performed by third parties;
(iii) the customer’s failure to follow recommended maintenance or safety instructions; and
(iv) misuse, negligence, or unauthorized alterations by the customer or any third party, etc.
Termination
Every party has a right to end a swimming pool maintenance agreement any time with or without a cause by providing a prior written notice. The same should be stated in the text of a contract. A notice period could vary from several days to several weeks. The exact duration usually depends on the duration of cooperation between the parties.
Once the contract ends, a customer is obliged to pay in full for all services provided before the end of the day. When applicable, a contractor has to return all keys from a property back to a customer.
Who should use this swimming pool contract?
This contract could become a fast and easy legal solution for:
- Professional Cleaning Companies. If your business deals with cleaning and maintenance services for commercial and residential pools, a solid pool maintenance contract template is a must-have document for daily operations.
- Independent Contractors. If you are an independent contractor who provides cleaning and pool care services, having a standard swimming pool contract template is essential for growing your business.
- Homeowners and Property Managers. If you are planning to hire a contractor for regular maintenance of your pool, it is good to have in advance a solid swimming pool service contract template to protect your interest.
How to customize a swimming pool contract at FasterDraft?
To get a fully customized legal document template, follow the instructions given below:
- Click the “Create Document” button.
- Answer simple questions in the form.
- Select a template’s format—swimming pool contract PDF or Word.
- Make a payment.
- Download, print out, and sign the document.
Table of content
Frequently Asked Questions (FAQ)
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1. Why do I need a pool maintenance agreement for my business?
Having a solid and well-written swimming pool maintenance agreement is a necessary legal tool for your business because:
- It clarifies payment terms for your clients;
- It sets up the client’s expectations and prevents scope creep;
- It prevents the occurrence of disputes between the parties.
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2. What services should a standard pool service contract include?
The exact list of services differs from one swimming pool contract to another. Some clients may wish to order cleaning and regular maintenance services, while others need to replace filters or install additional equipment.
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3. Does this template work for weekly, biweekly, or monthly service plans?
Yes, this template could be customized as a one-time service or a weekly, monthly, or annual maintenance contract for a swimming pool.
Besides that, it is also possible to provide services on an as-needed basis. This is when a customer or client sends a prior written request to a contractor, and the contractor undertakes to provide the requested services within an agreed period of time.
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4. Can I customize the contract for commercial properties?
This swimming pool service contract could be used for cleaning, maintenance, installation, or inspection of both private and commercial pools across the U.S.
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5. Does the agreement cover chemical usage and supply responsibilities?
Yes, this pool maintenance contract template defines:
- who shall be responsible for the provision of required cleaning materials or spare parts;
- who shall be responsible for the provision of necessary equipment;
- who shall cover expenses related to the purchase of necessary equipment and/or chemical materials.
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6. How does the contract address liability and damage to equipment?
Most swimming pool maintenance contracts limit a party’s liability for the damage of equipment to the total amount paid for the services. This is a standard clause common for most of the contracts.
However, this clause only applies for the case when a contractor damages a client’s equipment or vice versa. In other words, none could be held liable for a client damaging their own equipment.
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7. Can this template be used by independent contractors?
Yes, this swimming pool contract template could be used by various businesses and independent contractors who provide cleaning and maintenance services for swimming pools.
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8. Is a signed pool service agreement legally binding?
Yes, once both parties sign the pool maintenance contract template, it becomes legally binding. That means the following:
- Either party must execute their duties and obligations as defined in the contract; and
- In case of a dispute, a signed contract could be presented to the court as evidence.
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