TERMS OF SERVICE

WHEREAS you wish to enter into this Master Service Agreement (“Agreement”) to define the terms and conditions under which Piscina Pool Care, LLC, a Texas limited liability company (“Piscina”) will provide services to you (“Client”) pursuant to the certain schedule and pricing defined in the Service Addendum(s) to this Agreement. Client and Piscina may hereafter be referred to as the “Parties” or individually as a “Party”. NOW THEREFORE, the Parties hereby agree as follows:

 

SERVICES. Piscina agrees to perform the described services in the Service Addendum(s) at the service address of the Client, which you have received a copy of via email. 

 

SERVICE TERM: The term for all recurring services, including Signature Pool Service, Filter Management, and any annual additional service plans, will commence on the date you agree to this Agreement by acknowledging acceptance (the "Commencement Date"). Your Service Addendum will outline the length of the Agreement (the "First Term") and the plan will automatically renew for the same period as the First Term ("Additional Term") 30 days before the end of the First Term. Price adjustments, as outlined in “CONSIDERATION/ PAYMENT / PRICE ADJUSTMENTS”, will apply on the anniversary date of each renewal. Either party may terminate the agreement by providing 60 days' written notice before the end of the current term (for 12-month plans) or 30 days' notice (for any plans shorter than 12 months). For Clients acquired via door-to-door (D2D) or other offline channels, there is a three-day window to cancel the recurring agreement after signing, before the agreement takes effect. This cancellation window does not apply to Clients acquired through ecommerce, digital, or online channels. For customers acquired from D2D, if Piscina performs the Initial service within the three-day period, the Client is required to pay the full Welcome Service Fee of $350 within 24 hours. If the Client has already paid a discounted welcome service fee, they must pay the remaining balance up to the non-discounted welcome service fee within 24 hours. Non-Recurring:  The term for Specialized or One-Time services commences on the date Piscina receives the signed Agreement from the Client (the "Commencement Date"). For these non-recurring services, the agreement is fulfilled upon completion of the specified service outlined in the service agreement. Once the Welcome Service or one time service has been performed, the Client is fully liable for payment due within 24 hours. There is no option for cancellation or refunds after the Service has been completed. 

 

CONSIDERATION/ PAYMENT / PRICE ADJUSTMENTS for any recurring annual service: In consideration for Piscina's services, Client agrees to pay $350 plus applicable taxes for the Welcome Service service upon completion, and beginning thirty days after the date this Agreement is executed, Client agrees to pay Piscina the amount outlined in their Service Addendum plus applicable taxes each month thereafter. The monthly fee will be subject to an upward price adjustment of 3% per twelve-month period. A valid credit card or bank account MUST be on file at all times for auto-pay each month to avoid a $5 manual processing fee. Any amounts past due will be charged a service and facilities fee of 2% per 30 calendar days late, prorated. For Non-Recurring services: In consideration for Piscina’s services Client agrees to pay Piscina the fee outlined in the Service Addendum plus applicable taxes in full at the completion of the service. 

 

EMPLOYEES. The Parties acknowledge that the relationship between Client and Piscina is that of an independent contractor and Client, and Piscina alone has exclusive control and supervision of its staff, employees and subcontractors. Nothing herein shall be construed to mean that Piscina or any of its staff, employees or subcontractors are agents, employees or representatives of Client.

 

INDEMNIFICATION/LIABILITY: Piscina is an independent contractor, and the Client assumes no liability for injury to Piscina or Piscina’s agents or employees, unless such injury is caused by the Client, the Client's agents, or Client’s employees. It is further understood that Piscina is not liable for any damage of any kind that is not caused by Piscina, its agents, or employees, and Piscina shall not be responsible for any damages other than direct damages. This exclusion includes, without limitation, incidental, consequential, special, and punitive damages. By acknowledging this Agreement, the Client understands and agrees that the services involve EPA-approved substances, carefully selected for their effectiveness in pool care. While safe when used as directed, it is important to exercise caution, especially around food, pets, and humans. The Client agrees to fully indemnify and hold completely harmless Piscina, its agents, employees, subsidiaries, partners, and any other related person or entity for anything associated with the services, especially as it relates to the harmfulness of the chemicals Piscina utilizes in your pool. Additionally, Client agrees to indemnify and hold completely harmless to the fullest extent allowed by applicable law for any damage to Client’s pool equipment, any defects in the pool equipment, any defects or damages to the pool, its coping, or any ancillary pool items such as decks, fire pits, etc.  This indemnification includes a full waiver by the Client or anyone associated with the Client of any attempt to recover incidental, consequential, special, and punitive damages, and this clause shall survive the expiration or termination of this agreement. Piscina explicitly does not cover any charges related to affected pets, including vet visits, treatments, etc. Client hereby releases Piscina of any and all liability associated with pet affection.  ​

 

EVENTS OF DEFAULT/CANCELLATION: Signature Pool Service  “SPS”: Client shall be considered in default if Client does not meet its payment obligations or violates any term of this Agreement. Piscina will attempt to charge Client up to three times before Client shall be considered in default and owe: (1) the outstanding invoice balances, (2)  plus $500 plus applicable taxes plus  (3) any fees incurred by Piscina in the collection of such monies for such default. Piscina shall not be considered in default and shall not forfeit any monies described in this clause for not performing up to one service due to an outstanding balance being owed to Piscina by Client. If a Client wishes to cancel before the First Term or any Additional Term, Client may do so for a fee of $500 plus applicable taxes (“Cancellation Fee”). The ONLY exception to a Cancellation Fee shall be if Client moves outside of Piscina’s service area (as shown on www.PiscinaPoolCare.com/contact) and shows proof of moving. If Client moves within Piscina’s service area and continues to own or maintain a pool, Client shall re-establish service with Piscina under the same Agreement just with an address change to avoid the Cancellation Fee. Whereas for Clients in other recurring service plans (except SPS): Client expressly agrees and authorizes Piscina to charge a Cancellation Fee of $500 plus applicable taxes plus any fees incurred by Piscina in the collection of such monies. Piscina shall only be considered in default if it fails to perform a Service within two weeks of the scheduled service unless Client asked Piscina to change the service date. The defaulting Party shall have 5 Days from the date of notice to cure and rectify any non-performance or non-compliance. Upon the correction of any non-performance or non-compliance by the defaulting Party, the Agreement shall continue for the duration of the First Term or Additional Term. In the event that the defaulting Party fails to correct any non-performance or non-compliance issue within the time frame set out above, the non-defaulting Party may terminate this Contract upon 90-day written notice of cancellation, which must be delivered as described in “NOTICES” of this Agreement no more than five days after the end of the 5 day rectification period. For Non-recurring services: If Piscina does not successfully receive payment from Client, Client will pay Piscina the fee plus a 25% collection charge. There is no option for cancellation or refunds once the service has been performed. Clients are required to make full payment within 24 hours of the service completion.

 

NOTICES: Notices to Piscina shall be sufficient if made or addressed to CustomerService@PiscinaPoolCare.com and to Client if made or addressed to your provided email address. 

 

GOVERNING AUTHORITY: This Agreement shall be governed by the laws of the state of Texas.  

 

ARBITRATION IN LIEU OF LITIGATION. THE PARTIES MUTUALLY AND EXPLICITLY AGREE TO arbitration in lieu of litigation. Any dispute or claim that arises out of or that relates to this Agreement, or that relates to the breach of this Agreement, or that arises out of or that is based upon the relationship between Piscina and the Client shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) an arbitration service provider of Piscina's choosing, and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.

 

SEVERABILITY. In the event that any provision of this Agreement shall be unenforceable or invalid under applicable law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to accomplish the objectives of such unenforceable or invalid provision to the fullest extent, if any, permitted by applicable law.

 

COMPLETE AGREEMENT. This Agreement constitutes the entire Agreement of the Parties. Both Parties have read this Agreement and fully understand its contents, especially those in "Indemnification/Liability". Furthermore, by acknowledging this Agreement, both Parties agree to all of its terms.