Swimming Pool Service Contract

Who should use this swimming pool contract template?

This contract could become a fast and straightforward legal solution for:

Professional Cleaning Companies.

Mary runs a small business providing professional services for cleaning and maintenance of commercial and residential properties, including pools. While provision of cleaning services is covered by a professional cleaning agreement template, a solid pool maintenance contract template is a second must-have document Mary chooses to sign with her clients specifically for pool maintenance, repair or construction.

Commercial and Public Facility Operators.

Gyms, hotels, and multi-unit residential properties that engage professional cleaning providers for regular maintenance, repair and safety checks of swimming pools under their operations.

Independent Contractors.

If you are an independent contractor who provides cleaning and pool care services, having a standard contract template for swimming services is essential for growing your business. Although some businesses prefer to use a standard independent contractor agreement, having a specific document tailored to the needs of  your pool maintenance/repair business is always a better choice. This document helps you to define the limits of your professional liability, which is crucial for solo operators and small crews.

Homeowners and Tenants.

If you are hiring a technician for a single backyard pool, a written contract for swimming maintenance or repair services is essential even in such a situation. It allows you to clarify expectations for the provider, including the expected result. The written contract does also protect you in case of a pool’s damage.

Property Managers.

Jack runs a local property management company dealing with maintenance of apartment complexes and HOAs in his hometown. His works include pool care, lawn care, snow removal, and roofing installation or repair as well as general cleaning services. Jack chooses to have a standardized template of pool maintenance contracts for any repairs or cleaning related to pools.

Why choose a professional swimming pool contract template from FasterDraft over a free one?

Choosing a free template available on the Internet might be tempting. However, using a free generic template for your swimming pool maintenance, repair, or construction business can be a risky choice and covers lots of pitfalls.

What is a swimming pool service contract?

A swimming pool service agreement is a written contract that outlines the terms under which a professional maintenance, cleaning, or repair service is 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.

Federal and State Licensing Requirements for Pool Construction, Repair, and Maintenance

Depending on the scope of provided services, performance of certain pool maintenance works may require obtainment of the prior license in the state of your operation, as well as meeting certain federal compliance requirements. This is a specific requirement for the performance of repair, construction, or electrical equipment work.

Virginia Graeme Baker Pool and Spa Safety Act (VGBA)

This act mandates any public or semi-public pools to have an anti-entrapment drain coverage meeting ANSI/ASME A112.19.8 standards.

If you are providing professional pool repair or construction services in any states across the U.S. you must ensure that the provisions of existing swimming pool services contract puts this compliance responsibility on the swimming pool operator or property owner.

State Specific Licensing Requirements

Depending on the type of pool, as well as the type of services ordered by the client state regulation varies significantly.

Texas licensing requirements

According to the list of licensing activities provided on the official website of the Texas Department of Licensing and Regulation, the construction works, including swimming pool construction and repairs, are not listed as licensed activities. Therefore it is important to check local county licensing requirements and regulations separately.

California licensing requirements

There are no state specific license requirements, when it comes to the provision of general cleaning services on the pool located within the state of California. However, if you provide cleaning services for any public or semi-public pool in Los Angeles, only a person certified as a swimming pool technician is authorized to “…engage in the occupation or business of treating or disinfecting swimming pool waters or cleaning, servicing, or maintaining swimming pools or facilities and appurtenances thereof.” (Article 11.34.040 of Los Angeles County Code).

While there is no special license requirements for cleaning, repair or construction of the pool in California is the licensed activity (C-53 Swimming pool contractor and D-35 Pool and SPA Maintenance) according to the official website of the Contractors State License Board, provided the total sum of performed works is more than $ 1000.

Florida licensing requirements

Construction of residential and commercial pools in the state of Florida requires obtainment of the prior contractor’s license from the Department of Business and Professional Regulation. Florida’s statewide structure allows counties to issue a registered license allowing the business to provide professional pool construction services in a specific county (for example, for example, in the county of Sarasota).

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 $ 600.

Last but not least, a contractor’s liability is typically excluded entirely in the pool maintenance contract template for:

(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 termination day. When applicable, a contractor has to return all keys from a property back to a customer.

What is a long-term pool management contract?

While both a short-term and long-term pool management and maintenance contracts deal with the provision of professional services, they differ in both duration, payment model, and scope of work being performed.

Duration

A short-term swimming pool maintenance contract can be concluded for one backyard pool cleaning or for weekly pool maintenance during the peak season.

Contrary to that, a long-term contract is signed for a longer period of time, aiming for monthly or yearly cooperation. Long-term swimming pool maintenance contracts are common for property managers, HOAs, hotels, gyms, or other types of commercial property operators.

Payment Model

For a short-term contract for pool maintenance, the most typical payment models include a fixed fee or one-time payment or hourly rate.

In the case of a long-term cooperation, weekly, monthly, or quarterly fees are more common. Long-term contracts may also include a price adjustment provision allowing service providers to increase annual costs for the provision of their services considering the annual price escalation of equipment and materials. Typically parties agree on a certain percentage increase annually that does not require any prior approval from the client.

Termination notice & renewal

Most short-term contracts for pool maintenance end by sending a short termination notice that may last from 3 to 14 days.

However, for long-term contracts a notice period is usually longer and may last between 30 and 60 days. It is also common to include an automatic renewal clause that allows prolonging the ongoing contract after its termination without the parties’ involvement, which is not usually typical for short-term contracts.

Scope

For long-term pool maintenance contracts it is common to have an additional “management” clause that often implies more than cleaning: coordinating repairs, tracking equipment maintenance history, managing compliance for commercial or HOA-governed pools (including VGBA drain-cover compliance), and sometimes vendor oversight for larger properties.

How to customize a swimming pool contract at FasterDraft?

To get a fully customized legal document template, follow the instructions given below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format—swimming pool contract PDF or Word.
4. Make a payment.
5. Download, print out, and sign the document.