Acceptance of Terms: By utilizing our pool services, you acknowledge and agree to be bound by the following Terms of Service along with all applicable laws and regulations. Please carefully review the terms outlined below; should you disagree with any of these terms, please refrain from using our services.

Changes to Terms: We retain the right to update or amend these Terms of Service at any time without prior notification. Any alterations will be effective immediately upon posting on our platform. We advise you to regularly review these terms for any changes. Your continued use of our services following any modifications constitutes your acceptance of the updated terms.

Scope of Service: Our pool services encompass a range of offerings including pool cleaning, maintenance, repair, and installation as detailed below:

• Regular Maintenance Service includes:
  • Skim water surface
  • Empty all skimmer and pump baskets
  • Vacuum as needed
  • Brush sides & bottom
  • Clean Filter System (as needed)
  • Inspect equipment
  • Test and balance water
• Algae Treatment Service includes:
  • All Regular Maintenance Service items, plus;
  • Superchlorination
  • Filter Cleaning
  • Vacuum to waste
  • This service includes multiple days
• Green to Clean Service includes:All Regular Maintenance Service items, plus;
  • Hyperchlorination
  • Filter Cleaning
  • Add flocculant and allow the pump and filter to clean the water.
  • Vacuum to waste
  • This service includes multiple days and multiple trips per day.
  • This also includes all necessary chemicals.
  • Any additional parts needing replacement would incur an additional fee.
• Spa & Hot Tub Drain and Clean includes:
  • Drain and clean your spa, refill with new water, test and balance chemical levels, and check to ensure everything is operating properly.
• Additional Service Calls:
  • General service calls for repair estimates, pool inspections, leaks, pool cleaner repairs, and other general pool service needs.

Payment: Regular Residential Services: Customer agrees to maintain a current card on file and authorize and request PG Pool and Spa, operated by Pure Green Landscaping, LLC to charge this card for balances due for parts and or services rendered. Customers agree they will be charged for monthly on the 15th of each month for the entire month based on there service plan price plus applicable taxes. Declined credit card payments will result in immediate suspension of service until payment arrangements have been made. A $25.00 trip charge will be added if we are asked to return to the pool the same week due to a delay causing rescheduling that is not the fault of the PG Pool and Spa. If your service remains suspended, an additional charges may apply to reinstate service if the pool/spa/hot tub has algae. Invoices that remain unpaid for 30 days after their due date will accrue 12% annual interest.

Additional Residential Services: Customer agrees for quotes over $500, a 50% deposit is required; quotes under $500 are due upon completion. A card must be on file if you cannot be available at the time of service. If you have a card on file you have 15 days upon completion to pay the invoice by any method you choose (We accept all major credit or debit cards, and Zelle® payments, however personal checks and cash are not accepted.); however, if the balance remains unpaid beyond the 15th day, you expressly grant us permission to charge such services to the card on file. All materials remain the property of PG Pool and Spa until the invoice is paid in full. Invoices that remain unpaid for 30 days after their due date will accrue 12% annual interest. Returned checks will be assessed a $30 Non-Sufficient Funds (NSF) fee. In the event of a returned check, you must pay the invoice and all applicable fees via credit / debit card or Zelle® only.

Regular and Additional Commercial Services: Customer agrees to pay before the last day of the net payment terms. (We accept credit & debit cards, ACH transfers, Zelle® as well as checks but not cash.) If payment is made by check, the checks must be recived 14 day prior to net payment terms. Payment not received by the net payment terms will result in immediate suspension of service until payment arrangements have been made. A $25.00 trip charge will be added if we are asked to return to the pool the same week due to a delay causing rescheduling that is not the fault of PG Pool and Spa. If your service remains suspended additional charges may apply to reinstate service if the pool/spa/hot tub has algae. Invoices that remain unpaid for 30 days after their due date will accrue 12% annual interest.

Extra Charges: Any work not outlined in this contract may incur additional charges, subject to your approval. We are only liable for the extent of work to be performed under this contract. We assume no liability for defects in existing installations or parts not made by us. Please refer to our website https://pgpoolandspa.com for current pricing and labor rate as they do change from time to time.

Access: By agreeing, you allow the PG Pool and Spa to be present on the property for any allocated time necessary to complete the required tasks. As such, it is the customer’s responsibility to maintain safe and clear access to the Pool/Spa. If your Pool/Spa is in a secured area, we ask you to provide us with a key marked with your name or code necessary to get into the area. For the safety of our staff and prevention of liability, the path to and surrounding area of the Pool/Spa must be clear of obstacles (Toys, Furniture, Yard Equipment, etc.) and pets prior to the arrival of our maintenance technician. No inflatable toys or furniture shall be in the Pool prior to the arrival of our maintenance technician. The technician reserves the right to cancel a job for the week if there is no access (locked gate, unsafe conditions) to the pool/spa/hot tub at the time of arrival and return the following week. An attempt of contact will be made at the property or by phone for access prior to leaving the job.

Customer Responsibilities:

• Maintain the proper water level. This is usually halfway on the tile. Without the proper water level, we cannot maintain your pool/spa/hot tub.
• Maintain the electricity to the equipment and ensure it is safe and operating properly. The PG Pool and Spa will do its best to communicate issues with the customer about problems with their equipment.
• Notify the PG Pool and Spa in advance of special needs, parties, or other events.
• Be aware of freezing weather. Your system must be running and circulating continuously when the air temperature is below 35 degrees.
• Pets be restrained on your service day. If we cannot access your pool due to aggressive pets, you are still liable for the visit. We will always do our best to keep the gate closed, but we cannot be responsible if a pet gets out while we are doing our job. In addition, the customer accepts responsibility for any injuries inflicted by pets on our technicians.
• Provide the PG Pool and SPa with adequate contact information (phone number, text message number, email address) where he/she can best be reached during the day. If a customer cannot be reached in a timely manner, the customer agrees to accept any decision the PG Pool and Spa makes regarding maintaining the customer’s swimming pool and/or other water features.
• Complying with any and all codes required by the city, county, state, or your homeowners’ association; these codes may include fencing and gates, backwash/waste lines, and all other applicable safety issues.

Scheduling: We generally do not commit to specific service time blocks due to factors beyond our control and constantly changing routes. Routes are optimized for drive time to reduce costs. While your pool will generally be serviced at approximately the same time every week, this is not guaranteed. As our customer base expands, your position and service time during your service day may change without notification. We occasionally reverse routes of optimization for quality control purposes. A fee will apply to requests to reschedule your weekly cleaning, either once or permanently, to a different day. Once your route position is set, we can attempt to move it upon request, but we are only in certain areas on certain days of the week. Not all requests can be honored. In the event of rain or freezing weather, we will not be able to perform maintenance. All appointments are weather permitting. If your pool only received a partial service or service is canceled due to weather, you are not eligible for a free makeup clean, and no adjustment will be made to your monthly billing. PG Pool and Spa observes the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. If you are on a weekly plan and your service day falls on any of the company’s holidays, you will not receive service that day, nor will you be eligible for a free makeup cleaning.

Service Cancellation: To cancel monthly services, provide written notice before the last Wednesday of the month to avoid additional charges. No refunds or credits are issued for cancellations before the month ends. Formal cancellation requests must be submitted via email or certified mail. Phone calls, voicemails, or notes left with technicians are not considered valid cancellation requests. Cancelling monthly service will also cancel or alter any outstanding work orders for repair or one-time services scheduled. If you still need these services, explicitly request them despite the cancellation. Even of cancelled or terminated, all Terms of Service remain in full effect.

Liability and Disclaimer: We assume no liability for defects in existing installations or parts not made by us. Furthermore, we disclaim responsibility for any damages or injuries resulting from the use of our services. Additionally, we are not accountable for delays or inability to perform services due to factors beyond our control such as acts of God, weather conditions, flooding, or storms.

Disclaimer of Liability: PG Pool and Spa shall not be held liable for any injuries, damages, or losses incurred as a result of the use of the pool or hot tub, including but not limited to those caused by the negligence of third parties, environmental factors, acts of God, or extreme weather conditions. The client acknowledges and agrees that PG Pool and Spas not responsible for supervising or controlling access to the pool area and assumes all risks associated with such use.

Disclaimer of Liability for Chemical Use: PG Pool and Spa utilizes chemicals that are manufactured and labeled for pool use in accordance with industry standards. While every effort is made to ensure the safe and proper application of chemicals, PG Pool and Spa shall not be liable for any allergic reactions, injuries, damages, or losses resulting from the use of said chemicals, including any accidental mishaps such as leaving gates open, forgetting to turn off fill water, or power outages that may damage equipment. The client acknowledges and assumes all risks associated with the use of pool chemicals.

Third-Party Indemnification: The client agrees to indemnify, defend, and hold harmless PG Pool and Spa from and against any claims, damages, liabilities, costs, and expenses, including but not limited to attorney fees, arising out of or related to any injuries, damages, or losses incurred by third parties, including the new homeowners or other unauthorized individuals, as a result of the use of the pool, hot tub, or chemicals, including any environmental damage caused by acts of God, weather-related incidents, or accidental mishaps such as leaving gates open, equipment malfunctions, or power outages. The client shall be solely responsible for any claims brought against PG Pool and Spa by third parties.

Right to Seek Damages: In the event that PG Pool and Spa incurs any losses, damages, or expenses arising from claims brought by third parties, including but not limited to injuries, illnesses, environmental damages, or property damage resulting from acts of God, weather-related incidents, or accidental mishaps, PG Pool and Spa reserves the right to seek damages from the client and/or their insurer to cover the costs incurred. The client shall be responsible for reimbursing PG Pool and Spa for any expenses associated with defending against such claims.

Disputes: Customer agrees to notify PG Pool and Spa of any problems with cleaning services within 24 hours after a cleaning visit. If deemed due to improper service, then a follow-up cleaning will be at no charge. Any invoice disputes must be initiated within 10 days of the invoice date or the charge will be deemed valid. Any dispute under this agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

Access: You agree to provide full access to your pool area for us to perform the necessary services. Failure to provide access may result in missed services.

Assignment: This contract may be sold, assigned, or transferred by PG Pool and Spa without the written consent of the customer.

Miscellaneous Provisions:

• Signee warrants that they have full right, power, and authority to execute this agreement.
• The provisions of this contract shall bind and inure to the benefit of the parties hereto and their heirs, legal representatives, successors, and assigns.
• This contract contains the entire agreement of the parties with respect to any matter mentioned herein and supersedes any prior oral or written agreements.
• This contract may be amended in writing only, signed by the parties in interest at the time of such amendment.
• No waiver by either party of any provision hereof shall be deemed a waiver of any other provision or of any prior or subsequent breach or any provision hereof.
• If any term or provision of this contract is held to be invalid or unenforceable, such invalidity or unenforceability shall not be construed to affect any other provision of this Lease, and the remaining provision shall be enforceable in accordance with their terms.
• This agreement shall be governed by and construed in accordance with the laws of the State of Texas.

Not a partnership: This Agreement is intended only to create a contractual relationship between the customer and the PG Pool and Spa for the sole purpose of fulfilling this contractual obligation. As a result of entering into this Agreement, PG Pool and Spa may not be construed or held to be a partner or joint ventures of the customer in the conduct of the customer’s business. The relationship of both parties is and shall remain that of customer and contractor.

Waiver: The failure of either of the Parties hereto to enforce any of the provisions of this Agreement or the waiver thereof in any instance, shall not be construed as a general waiver of relinquishment on its part of any such provision, but the same shall nevertheless be and remain in full force and effect.

Supersedes Prior Agreements: This Terms of Service hereby supersedes any previous Terms of Service which may have been in effect, and these Terms of Service shall remain in full force and effect from the date of agreement indefinitely unless a more recent updated or amended Terms of Service is presented.

We look forward to serving you with your Pool and Spa need. Please contact us if you have any question about our Terms of Service.

You can find our Terms of Service online at https://www.pgpoolandspa.com/tos/