Commercial Swimming Pool Maintenance Agreement

This Pool Service Agreement is made effective as of ____/____/2015 (date) between ______(name), of ______(billing address) in ______(town) Texas, ______(zip) (hereafter known as “the Client”) and Midessa Pool Service, of 1607 W. Tennessee Ave, Midland, Texas, 79701(hereafter known as “Midessa Pools”.

DESCRIPTION OF SERVICES PROVIDED.The Client desires to have a swimming pool, located at ______(service address) maintained regularly and repaired as necessary. Beginning on ___/_____/_2015 (date started, If unknown, leave blank), Midessa Pools will send a technician to service the clients pool on a pre-designated day(s) of each week (except on weeks that weather and outside sources does not permit work on such day, in which case, the next available service date will be used) for a period of a target time of 45 minutes per service to will provide Pool Services, such as inspection of the overall condition of the pool, including, but not limited to, the pump and associated equipment, make manual adjustments to pool controls, the testing of chemical levels in the water, add additional chemicals to bring the water up to standard levels set by industry and legal requirements, removal of debris in the pool through vacuuming the bottom of the pool, netting, empting skimmer and pump baskets and brushing the walls of the pool .

Each service call, all equipment will be inspected by our tech. If any repairs, servicing, replacements or other additional services needed to care for the pool are evaluated by the tech, they will assess the problem, and an estimate for the repair will be given to the client in a timely fashion. If the client approves the repair, Midessa Pools will gather all necessary materials and will repair and or service each problem in a timely manner. All Un-clogging of skimmer line and impellors, or anything else that impedes our ability to clean the pool, and we can fix on the spot, will be completed at the time of service without authorizations beforehand and billed on your next month’s billing.

If, for any reason, our Technicians arrive at the location of the pool, and are unable to perform services, on regular service day , that is out of Midessa’s control or responsibility, there will be a “Non-Scheduled Cancellation Fee” of $25 added to the customers next billing cycle.

For the summer schedule, our customers who are one time per week will be scheduled on Monday through Wednesdays. Thursdays and Fridays are reserved for twice a week pools. Due to the high demand for Friday cleanings, if you want services on Fridays, there will be an additional $10 per week charge on your billing. Again, if you would like these services, please call the office so that we can set up Friday cleanings.

The monthly service price does not include any chemicals delivered through Midessa Pools and does not include any repairs, extra services to equipment, additional Special Cleans, Part Replacements or any other additional services that may be needed to keep the clients pool up to standards.

Midessa Pools would like to ask the client to please review, fill out and choose and options below by initialing to the left of which statement they agree to. Options are highlighted in green, and required is highlighted in yellow.

SERVICE RATE PACKAGE PLANS Below are our current service options. Please choose the option that would best serve your needs. Please keep in mind,If choosing a one time per week option, the client is responsible to aide Midessa Pools in the additional upkeep of such pool, which may or may not include/ but will not limited to, removal of debris with a Pool Net (especially in the spring and fall months were heavy debris may be a factor) If you would like Midessa to solely care for your pool, please choose an option for more than one service clean per week., to insure that you do not have to aide in the upkeep of the pool. Also, Effective May 1, 2015, during the summer and winter months only, if the pool is does not have excessive debris In the pool, as a courtesy to our customers, our pool technicians will ONLY make manual adjustments to pool controls, the test the chemical levels in the water, add additional chemicals to bring the water up to standard levels, empty pump baskets and brush the walls of the pool. We will not vacuum the pool on the second clean. If we perform this “Chemical Check” , MPS will only charge the customer $35 for this service and credit the rest of your clean on the next month’s billing cycle.

ANNUAL CLEAN PACKAGE PLANS

Annual Cleans require a serviceplan to continue throughout the year, including the winter months. By choosing an Annual Clean package, the Client is agreeing to use Midessa Pool Service at least one day per week, for the duration of a minimum of a year, beginning on the date of this contract as stated above and ending on the same day in 2016 or more. For more information, please see below.

___Basic Annual service Package1 Time per Week: $45/Service, (Monthly Rate:194.85) OR 2 Times per Week: $40/Service (Monthly Rate:$346.40)

Repair/Special Clean rate: $75/Hour (1 Hr. Min)

If choosing this option, please indicate that you would like this service performed ______times per week.

  • Vacuuming, netting, empting skimmer and pump baskets, backwashing the lines, brushing the walls, chemical testing and adjustments and backwashing the lines.
  • One hour maximum will be spent at the location; if additional time is needed due to heavy debris, then Special clean rates apply (see above).
  • Inspection of the condition of the pool and equipment
  • Water levels are the responsibility of the home owner
  • For Twice a Week Customers, only, If the pool doesn’t need to be cleaned on the second clean during the slow seasons (summer and winter), then the Tech will perform a Chemical Check instead for $15 off your next bill. Chemical Checks include brushing the walls, chemical testing and adjustments, and backwashing the lines.

___ Extended Annual Service Package $40/Full Service AND $30/ Chemical Check each week.

Total Weekly Service Rate: $70 (Monthly Rate:$303.10)

Repair/Special Clean rate: $75/Hour (1 Hr Min)

  • This service allows two services per week, Including:
  • One Weekly Full Clean Including:
  • Vacuuming, netting, empting skimmer and pump baskets, backwashing the lines, brushing the walls, chemical testing and adjustments and backwashing the lines.
  • One hour maximum will be spent at the location; if additional time is needed due to heavy debris, Special clean rates apply (see above).
  • Inspection of the condition of the pool and equipment
  • One Weekly Chemical Check Including:
  • brushing the walls, chemical testing and adjustments, and backwashing the lines.
  • Water levels are the responsibility of the home owner

SEASONAL CLEANS PACKAGE PLAN RATES

Seasonal Clean Packages Include services on a month to month basis. No yearly contract is required. These plans are for customers what do not wish to use our services during the Winter months, or do not wish to sign a contract. The services are the same as above.

___Basic Seasonal Service Package 1 Time per Week: $50/Service (Monthly Rate:$216.50) 2+ Times a Week: $45/Service (Monthly Rate:$389.70

Repair/Special Clean rate: $75/Hour (1 Hr Min)

If choosing this option, please indicate that you would like this service performed ______times per week.

____ Extended service Package $45/Full Service, $30/ Chemical Check each week.

Total Weekly Service Rate: $75 (Monthly Rate:$324.75)

Repair/Special Clean rate: $75/Hour (1 Hr Min)

____ADDITIONAL GREEN TO CLEAN SERVICE(S)$75 / HR (1 Hr. Minimum per day)

  • This applies if after the initial clean, if additional treatments are needed to bring pool up to maintainable conditions.
  • Averages of additional services needed Range from one-four (depending on the severity of treatments needed)
  • In report, it is Techs responsibility to let office know if additional cleans are needed or if G2C services are complete
  • After tech advises office that G2C s are complete, the office will bill the green to cleans separate AND IMMEDIATELY, aside from the first months bill

____CHEMICALS.Midessa Pools will keep track of chemicals that are running low and will deliver said chemicals to the service address on the next service date and be billed for the chemicals (no delivery fee applies) on the next month’s invoice. Midessa Pool Services Prices for our most used products are are as follows:

•SODIUM DICHLOR 50LB. BUCKET (SHOCK): $219.98

•MURIATIC ACID 1 GAL: $11.49

•CHLORINE TABS 50 LB. BUCKET: $168.80

•SODA ASH PER POUND AS NEEDED: $5.00

___ ADDITIONAL FEES/RATES Annual CustomersSeasonal Customers

  • Lock out fee $25 $25
  • Additional Weekly

Clean(s) $30 $35

  • Skimmer line unclog $75 $75
  • Impeller unclog$75$75
  • Pump Repairs$95/Hr.$95/Hr.
  • Chemical Checks$30$30
  • Cartridge Filter Service$150$150
  • DE Filter Service$150$150
  • Sand filter Change$150$150

(Not to include cost of filter sand)

POLICIES AND PROCEDURES.Please review Midessa Pools following Policies and Initial next to each one, which will state that the client understands and agrees to the policy.

___APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Texas. The failure of either party to honor any part or provision of this Contract shall be penalized, by either, as how written in this contract, or by the full extent of the law regarding this Agreement

____TWENTY-FOUR HOUR SATISFACTION GUARENTEE. The client has twenty-four hours from the time that Midessa Pools’ Technician leaves the clients property to call and report any and all complaints about the service that day, and to have the technician come back to the residence to correct any issues that need to be addressed. Because of weather conditions, this offer is invalid before twenty-four hours.

____PAYMENT FOR SERVICES.In consideration of the services to be performed by Midessa Pools, the Client agrees to compensate Midessa Pools for the services rendered. Payment is due within 10 days of receipt of the Monthly Invoice, which will be pre-billed for the following month. Please note that, each month, any credits due to the client for services that were not able to be performed, due to weather or other outside forces, from the previous month, as well as any chemicals or equipment delivered or sold, any repairs done will be credited on the following month’s bill. Invoices are billed out at the end of each month. If the client does not pay the invoice within thirty days, they will be suspended pending payment, or valid payment arrangement, and a 1.5% late payment fee will be applied monthly for each 30 days that the client does not pay, until which time that the client does pay. If the client’s services are suspended due to non-payment, and the client wants to continue services, after payments are made in full, bringing client back up to good standing, a $65.00 fee to reinstate services will be applied to the next month’s bill. Payments can be made by Cash, Check, Money Order, and all Major Credit Cards (either one-time or clients can be set up for auto-draft). A $35.00 fee will be charged for any returned checks. If the client does not pay the invoice after sixty days of invoice date, Midessa Pools will peruse further collection attempts through Transworld Systems Collection Agency . PLEASE NOTE: The client’s first bill will include (1)the prorated rate for the month that service began, (2) the following standard pre-billed month, (3) a one-time $65 first clean and assessment fee,(4) any required additional special cleans needed, ranging from 0-4, depending on the condition of the pool when we arrive, in order to get the pool up to regular maintainable conditions, and (5) any chemicals delivered or used in the green to clean process.

___COMMERICAL PROPERITES DISCLAIMER.Due to the high temperatures and heavy bather loads of Midessa Pools commercial pool clients, Midessa Pools would like to notify our Commerical Clients of the requirements of all commercial swimming pools as required by the State of Texas. The law states that that all commercial pools have a 2 times per day (that the pool is open) chemical check and adjustment. This is the responsibility of the commercial property to make sure that this is carried out. When Midessa is cleaning the clientspool for basic service, that poolservice includes: 1. Vacuuming the floor(s) of the pool/spa, 2. Brushing the walls of the pool/spa, 3. Backwashing the filter (as needed), 4. Skim the surface(s) of the pool and spa, and , 5. Basic chemical adjustments.

Texas State law also implies that “Super Chlorination,”, as well as many other chemical treatments,can only be done if the pool is closed for a minimum of 24-hrs after the treatment is received. This is for the protection of your customers who may be swimming. Exposure of too much of some chemical can cause nasal, eye, and skin irritation. If the commercial client would like Midessa Pools to do this additional service, it can be arranged at an additional fee, however, as the law states, the client will have to designate a specific day for the commercial pool to be closed after Midessa Pools comes and performs this service.

If the Client would not like Midessa Pools to perform this additional service, then this means that as the temperatures rise and the bather loads increases, the Client will be responsible for any necessary chemical adjustments or any other adjustments that will need to made between Midessa Pools service dates in order to keep up with the Texas State laws in this matter. Furthermore, unless Midessa Pool is servicing the Client’s commercial pool every day, twice a day, then Midessa Pools are not responsible for any algae growth between services.

Note: IF the client would like a copy of the laws regarding Commercial Swimming Pools, please contact Midessa Pools, and we would be glad to send you a copy.

______(Commercial property’s name) Would like Midessa Pool Service to “super-chlorinate” pool on the services dates at an additional fee of $20 per service, and will designate 24 hour period for which to have the pool closed as required by law. The client understands that all other requirements by the State of Texas will be the clients responsibility and Midessa Pools will only be liable for the services performed on Midessa’s designated days, as stated above.

-or-

______(Commercial property’s name) Would NOT like Midessa Pool Service to “super-chlorinate” pool on the services dates, and the client will be have the responsibility for all other requirements by the State of Texas. Midessa Pools will only be liable for the services performed on Midessa’s designated days, as stated above.

TERMS AND CONDITIONS/TERMINATION.Please initial by the appropriate contractual statement based on whether or not you chose Seasonal or Annual Service Plan.

___SEASONAL MONTH TO MONTH SERVICE TERMS.This Agreement is based on a month to month basis. Your rate is grandfathered for the entire length of time that services are provided at least once per week. Your rate is grandfathered for the entire length of time that services are consistently provided for at least at one time per week minimum. However, if the clients services are ever suspended for any reason, the rates will no longer be grandfathered in, and Midessa Pool Service reserves the right to change the rates depending on the current rate policies. If Client wishes to cancel services, a thirty day written notice, either by mail or email is required. If the customer wishes to terminate this contract without a 30-day notice, a $65 early termination fee will be added to the client’s final bill. This contract is transferable in the event that the customer is moving to a new residence. This contract can either be transferred to a new address or a new customer in either event. If the customer is moving, and cannot transfer services, all termination fees will be waived due to extenuating circumstances.

___ANNUAL MONTH TO MONTH SERVICE TERMS. This Agreement is for a term of one full year from the date listed above. When the year is over, the client will automatically become a month to month client, at the same rate. Your rate is grandfathered for the entire length of time that services are consistently provided for at least at one time per week minimum. However, if the clients services are ever suspended for any reason, the rates will no longer be grandfathered in, and Midessa Pool Service reserves the right to change the rates depending on the current rate policies. If Client wishes to cancel services before the year is over, a thirty day written notice, either by mail or email is required and a $125 early termination fee will be applied. In the event that This contract is transferable in the event that the customer is moving to a new residence. This contract can either be transferred to a new address or a new customer in either event. If the customer is moving, and cannot transfer services, all termination fees will be waived due to extenuating circumstances. After the year contract is over, the agreement then becomes a month to month basis, and the terms are the same as stated above under SEASONAL MONTH TO MONTH SERVICE TERMS.