(Last Updated: January 1, 2024)

RESIDENTIAL POOL MAINTENANCE

IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING OUR RESIDENTIAL PRODUCTS OR SERVICES, AS THEY CONTAIN A CLASS ACTION WAIVER.

GENERAL

These Terms of Service (“TOS”) are entered into between Captain Pools AZ LLC (“Captain Pools,” “we,” “us,” or “our”) and you (“Client” or “you”). These TOS outline the terms applicable to your purchase and use of our residential pool maintenance products and services (collectively, the “Services”). By purchasing and/or using our Services, you acknowledge that you have read, understood, and agree to be bound by these TOS, as well as any other applicable rules, policies, terms, and conditions referred to herein or established by us from time to time. You may also opt for additional Services (“Additional Services”) from us or our partners, which may have their own service agreements or related terms, and you are responsible for reviewing, accepting, and complying with those terms.

These TOS may be updated periodically, and any changes will be posted on our website.

SERVICES

Please refer to the Residential Start-Up Sheet for a list of Services included in your plan. Additional charges may apply for services such as Salt Cell Cleaning, Quad Filter Cleaning, and DE Filter Cleaning, which can be scheduled on a recurring basis at a discounted rate or as needed at the standard charge.

INVOICING, PAYMENT TERMS, AND CREDIT CARD AUTHORIZATION

You will receive invoices on the first day of each month for Services performed in the previous month. If you pay in advance, you will be charged on the first day of the month for Services performed in the current month.

Payment options include check, credit card, or ACH. Payments by check are due by the 15th of the month, while credit card and ACH payments will be charged on the first day of the month. We reserve the right to charge a credit card processing fee if deemed necessary.

By providing your credit card information, you authorize Captain Pools to charge your credit card account for Services rendered, including any authorized work outside of your recurring Services. We may also seek authorization for additional fees related to services not agreed upon.

SERVICE TERM AND CANCELLATION POLICY

Service cancellations requested during a month will become effective on the last day of that same month, and no refunds will be issued for partial months of service.

ADDITIONAL COST SERVICES

Captain Pools will make reasonable efforts to maintain your pool’s safety and health. This may involve advising you of additional services necessary at an extra cost, such as:

Chemical surcharges due to un-repaired leaks in the pool.

Phosphate/Black Algae treatments.

Draining pools to lower TDS residuals.

Storm or special clean events.

Cleanup of incidents involving broken glass or fecal matter.

Significant water level adjustments or draining excessive amounts of high water due to a lack of a functioning pool overflow system.

Additional visits due to excessive bather loads.

Cleanup after facilities pressure cleaning or landscaping service, resulting in excessive debris in the pool.

Pool resurfacing requiring labor-intensive start-up procedures and excessive chemicals.

Use of chemical and mineral agents to maintain water conditions.

Additional cleaning due to equipment issues or change-outs.

If you assume some or all of the cleaning responsibility, an extra charge for a Supervisor visit and necessary maintenance may apply.

PRE-AUTHORIZATION AMOUNT

To ensure the proper maintenance of your pool, you authorize us to perform wear and tear repairs for up to $99 without additional approval and bill for the repair. This may include fixing items like baskets, pump lids, o-rings, pressure gauges, and more to minimize pool downtime.

NATURAL DISASTERS

During natural disasters like hurricanes, tornadoes, or major flooding, including wars or pandemics, we reserve the right to act in the best interest of safety. This may result in partial or missed service, which will not be eligible for a credit.

TEMPORARY FUEL SURCHARGES

Temporary fuel surcharges may be imposed from time to time. These surcharges do not necessarily reflect our costs and may include a gross profit margin.

HOLIDAYS

We recognize certain holidays (New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas week) during which business operations are closed. While we may skip regular service visits on these holidays, we will ensure your pool is in excellent condition with ample chemicals. No credit will be provided for skipped holiday services.

LIMITED WARRANTY AND DISCLAIMER

We provide our Services in a timely and professional manner, consistent with industry standards. Our liability, if any, for breach of warranty is limited to the reperformance of non-conforming Services. To the extent permitted by applicable law, we disclaim all other warranties, express or implied, including warranties of non-infringement, title, merchantability, and fitness for a particular purpose.

LIMITATION OF LIABILITY; CLASS ACTION WAIVER

To the fullest extent permitted by applicable law, our liability for damages arising from these TOS is limited to the amount of charges paid by you to us in the six (6) months preceding the claim. We shall not be liable for any special, incidental, indirect, exemplary, punitive, or consequential damages.

In the event of any claims or liability related to these TOS, you agree to bring claims only on an individual basis and not as part of a class or representative action.

MODIFICATION TO TERMS

We reserve the right to modify these TOS or related policies at any time, effective upon posting an updated version on our website. It is your responsibility to review these terms regularly.

MISCELLANEOUS

Relationship: These TOS do not establish an agency, employment, partnership, joint venture, or legal representative relationship between the parties. The parties are independent contractors during the term of these TOS.

Governing Law: These TOS are governed by the laws of the State of Arizona, and any disputes shall be resolved in the State and Federal Courts located in Maricopa County, Arizona.

Severability: If any provision of these TOS is found to be invalid or unenforceable, it shall be revised to make it valid and enforceable while preserving the parties’ intentions. Other provisions shall remain unaffected.

Waiver: The failure to enforce any term of these TOS does not constitute a waiver of that or any other term. Waivers must be in writing and signed by the waiving party.

Headings, Counterparts, and Corporate Warranty: Paragraph headings are for convenience only. These TOS may be signed in counterparts, and the entire agreement constitutes the parties’ understanding. No other agreements, statements, or practices are binding.

COMMERCIAL POOL MAINTENANCE (Additional Terms for Commercial Customers)

PAYMENT INFORMATION:

This Agreement is effective on the last signature date and continues for 12 consecutive months, automatically renewing for additional terms unless either party provides 30 days’ written termination notice.

Captain Pools may increase charges annually based on the Consumer Price Index or 5%, whichever is greater.

Pricing may be modified at the 90-day mark if usage exceeds the original bid.

Failure to make payments for over 60 days may result in service suspension.

HOLIDAYS:

Holidays include New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. Services may be skipped on these holidays, but no credit will be provided. Captain Pools may at their own discretion reschedule services that fall on those dates to another date.

ADDITIONAL COST SERVICES:

Additional services may be recommended outside the normal scope of work, incurring extra charges.

NATURAL DISASTERS:

During natural disasters, including wars or pandemics, we may modify services to prioritize safety, and no credit will be provided for missed or modified services.