Customer Agreement Form

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1. It's Too Hot Pools and Spa Service and Repair agrees to provide the following services at the Undersigned's pool at every weekly visit (unless as otherwise set forth in the agreement below):

2. Brush the walls

3. Vacuum the pool floor once per month, if we deem it necessary

4. Skim the pool surface

5. Clean the skimmer and pump baskets

6. Monitor filter pressure

7. Check normal operating equipment (exclusions apply)

8. Backwash the filter, if required

9. Test and record levels of the following at the specified frequency

a. Weekly: free chlorine, total chlorine, pH, and alkalinity.

b.Monthly: calcium hardness, cyanuric acid, total dissolved solids, and salt, if applicable.

Add necessary chemicals to balance the pool within acceptable ranges as determined by It's Too Hot Pools and Spa Service and Repair at its sole and absolute discretion.

It's Too Hot Pools and Spa Service and Repair will use its good-faith effort to maintain proper water balance in accordance with standards set forth by the I.S.P.S.C. Provided that, the Undersigned agrees that conditions of the pool beyond It's Too Hot Pools and Spa Service and Repair control may not make it possible for the water to reach such standard.

Payment: The Undersigned shall pay for services prior to the performance of the service on or prior to the first calendar day of each month or incur a late fee of $10.

Please Note: Additional service charges in this customer agreement are highlighted. These charges are industry standards and are competitive for the area.

2. Access: The Undersigned agrees that they are legally able to receive work at the address provided and that no existing covenants or restrictions under any agreement, including, but not limited to, any lease agreement, mortgage, leasehold mortgage, or ordinances, hinder the receipt of such work. The Undersigned agrees to provide instant access to It's Too Hot Pools and Spa Service and Repair on the day of service, either by providing a key or by ensuring the pool and equipment area are unlocked. If It's Too Hot Pools and Spa Service and Repair is unable to enter the premises on the day of service we will allot 10 minutes to grant access or we will skip service and will resume the following service week but you will still be charged as normal. Day of service may change with circumstances and will be communicated via email or other available means at the time of change.*

3. Airbnb: If the Undersigned is running an Airbnb, the Undersigned shall disclose this to It's Too Hot Pools and Spa Service and Repair at least 10 days' prior to the scheduled service. Service prices will be adjusted to better suit commercial work. *

4. Bather Load: If the pool has more than ten unique swimmers within a month, the undersigned must inform It's Too Hot Pools and Spa Service and Repair at least 2 days prior to the scheduled service so that additional sanitation can be added to ensure the optimum safety of swimmers.*

5. Service Calls: If the Undersigned calls It's Too Hot Pools and Spa Service and Repair to perform labor on their pool outside of their weekly normal service, It's Too Hot Pools and Spa Service and Repair shall charge an hourly rate of $75.00. *

6. Carcasses: If the Undersigned finds a carcass in its pool and requests that It's Too Hot Pools and Spa Service and Repair remove it, It's Too Hot Pools and Spa Service and Repair shall do so on the agreed service date at the cost of the chemicals required to raise the water to a sanitary level. If the Undersigned requests that It's Too Hot Pools and Spa Service and Repair remove the dead animal on a day other than the agreed service date, It's Too Hot Pools and Spa Service and Repair will charge under the Service Call clause to cover its time and transport costs. *

7.Filters: If It's Too Hot Pools and Spa Service and Repair determines in its sole and absolute discretion that (i) the filter pressure is at an unsafe level or (ii) the filter is ineffectively filtering water, It's Too Hot Pools and Spa Service and Repair shall clean the filter at the cost of $100.00. A properly functioning filter is crucial for a healthy pool and effective weekly cleanings. Usually, filter cleanings are needed once every three to six months. *

8. Contractor Indemnification: The Undersigned agrees to indemnity and to hold harmless It's Too Hot Pools and Spa Service and Repair and its managers, employees, officers, agents, contractors and/or owners against all claims, losses, damages, and/or expenses resulting from the services and/or the Undersigned's failure to comply with any provision of this agreement. *

9. Chemicals/Filter Media: Chemicals are added to the Undersigned's pool each service and are furnished by It's Too Hot Pools and Spa Service and Repair. If It's Too Hot Pools and Spa Service and Repair determines in its sole and absolute discretion that additional chemicals are required to remedy any additional pool problems, It's Too Hot Pools and Spa Service and Repair shall provide prior notice to the Undersigned and shall add such chemicals at the cost described in Exhibit A or in quote. Additionally Pool RX will be added to your pool once a year in the spring (March-May) at current market price, this is not optional and will automatically be added to your bill. *

10. Duration: The Undersigned agrees that weekly cleanings total 48 weeks out of 52 in a year. These 4 weeks allow for bad weather, sick days, training, and vacation. Two of the 4 weeks will be the week of Thanksgiving and the week of Christmas when we will not be servicing pools. This time off is already calculated in your monthly service charge and will not reflect any credits or money off. *

11. Fuel, Power, and Water: The Undersigned understands that they are fully responsible for the cost related to furnishing water, fuel, and power for their pool and/or spa.*

12. Inclement Weather: If It's Too Hot Pools and Spa Service and Repair determines that it is unsafe to clean the pool due to inclement weather, including rain, lightning, hail, ice and tornadoes, It's Too Hot Pools and Spa Service and Repair shall cancel the scheduled service. It's Too Hot Pools and Spa Service and Repair shall reschedule the service to an agreed upon date as necessary. *

13. Liability: It's Too Hot Pools and Spa Service and Repair shall not be responsible for any damage to property due to acts of abuse, fire, misuse, nature, vandalism and/or any other act of God. It's Too Hot Pools and Spa Service and Repair is not responsible for the damages by lawn care providers to the pool. It's Too Hot Pools and Spa Service and Repair is without fault for the performance of any chemicals it does not provide. It's Too Hot Pools and Spa Service and Repair is also not responsible for the normal deterioration of equipment that occurs over time due to exposure to chemicals, sunlight or any other elements.*

14. Maintenance: The Undersigned is responsible for the proper functioning of their pool equipment which includes but is not limited to the pump, the pipes, the filter, the skimmer, the retaining walls, the heater, the salt water chlorine generator, the brushes, and the vacuum. The Undersigned agrees to maintain the pool on the off weeks and in between routine servicing, such as emptying skimmer baskets when they are full. *

15. Payments: The Undersigned shall pay for services prior to the performance of the service on or prior to the first calendar day of each month. It's Too Hot Pools and Spa Service and Repair only accepts pre-payments for services. For avoidance of doubt, It's Too Hot Pools and Spa Service and Repair will not accept payments via negotiable instruments. It's Too Hot Pools and Spa Service and Repair reserves its right to change any service fee, rate, or additional charge at any time without prior notice.*

16. Pets: It is the Undersigned's responsibility to contain and restrain all pets. It's Too Hot Pools and Spa Service and Repair will use its good-faith effort to keep any gates closed at all times, but It's Too Hot Pools and Spa Service and Repair shall not be responsible should a pet escape due to a gate opening. In addition, the customer accepts responsibility for any injuries inflicted by pets on employees, contractors, agents or owners of It's Too Hot Pools and Spa Service and Repair. It's Too Hot Pools and Spa Service and Repair reserves the right to refuse service, if a pet is not securely contained on the premises.*

17. Repairs: Small repairs of under $50.00 or replacements of broken equipment of under $50.00 shall be performed and added to the Undersigned's monthly invoice. These repairs shall not total more than $50.00. Any repairs exceeding a total of $50.00 require written/verbal approval from the Undersigned.*

18. Right of Withdrawal: It's Too Hot Pools and Spa Service and Repair reserves the right to withdraw services, at any time, for any reason. The Undersigned also reserves this same right. If the Undersigned has already paid for a month's worth of service, It's Too Hot Pools and Spa Service and Repair will use its good faith effort to honor that month of payment and provide its services; otherwise, the payment will be refunded or prorated. *

19. Safety: The Undersigned recognizes that swimming is conducted at their own risk. It's Too Hot Pools and Spa Service and Repair is not responsible for accidents or injuries that occur in or around the pool. The Undersigned agrees to abide by all the local and state residential or commercial pool codes. *

20. Salt and Salt Chlorinators: It's Too Hot Pools and Spa Service and Repair understands and appreciates the benefits of salt-water chlorination. However, salt is a corrosive material. It's Too Hot Pools and Spa Service and Repair will not accept any responsibility for damages, staining, corrosion, or deterioration of any of the pool equipment or surfaces of the pool that may result from the use of salt in the pool. If the Undersigned's pool is equipped with a salt cell system, It's Too Hot Pools and Spa Service and Repair shall dismantle and clean the salt cell every 3 months or as needed at a cost of $50.00 per cleaning. *

21. Swim Times: Check your weekly service notes to make sure additional shock chemicals were not added before swimming on the day of service. It's Too Hot Pools and Spa Service and Repair will not be held liable if you swim with your pool above 10ppm chlorine if you did not check your notes. *

22. Vegetation: The Undersigned is responsible for keeping trees and plants trimmed away from the pool/spa and equipment. *

23. Water Level: The Undersigned agrees to keep their pool at an optimal water level (above the halfway point of the skimmer). It's Too Hot Pools and Spa Service and Repair shall not be held responsible for any damages to the pool, pool equipment, or any other issues that arise as a result of a low water level in a pool. *

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24. Miscellaneous: Both the Undersigned and It's Too Hot Pools and Spa Service and Repair concur that this written agreement contains all the agreements, understandings, and representations made by both the Undersigned and It's Too Hot Pools and Spa Service and Repair herein. No representation, agreement, warranty or other statement, written or oral, made shall be valid and binding unless it is included and made part a signed amendment to this agreement. No amendments, alterations, cancellations or changes to this agreement shall be valid unless it is in writing and subscribed by the Undersigned and It's Too Hot Pools and Spa Service and Repair. This agreement may be executed in counterparts and via electronic signature. This agreement is governed by Texas Law. The parties agree that any litigation concerning this agreement must be brought in Denton County, and each party shall pay its own costs and attorney fees.

Exhibit A: It's Too Hot Pools and Spa Service and Repair Price Sheet*

Customer First Name*

Customer Last Name*

Address*

Customer Email*

Date*

Customer Signature*

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Contact Information
Aubrey, TX 76227 | (469) 248-8206

Business Hours
Mon-Fri: 9am-5pm | Sat & Sun: Closed