Service Agreement
This Service Agreement ("Agreement") is entered into between Provident Pool Service LLC ("Company") and the customer identified at the time of enrollment ("Customer"). By checking the acknowledgment box and submitting a digital signature, Customer confirms they have read, understand, and agree to all terms set forth below. This Agreement governs all pool maintenance, chemical service, and related work performed by Company at Customer's property.
1. BILLING, LATE FEES & COLLECTIONS
Late Fees: Invoices unpaid after 30 days will be assessed a $30.00 late fee automatically. A $25.00 returned check fee will be charged for all returned checks. Recurring late fees may be assessed each billing cycle the account remains past due.
Service Suspension: Accounts more than 60 days past due will have service automatically paused. Service will not resume until the account is brought current or a written payment plan is agreed to by both parties.
Collections: Accounts unpaid beyond 120 days will be assessed a cost-recovery fee of 35% of the outstanding balance to cover collection costs, administrative fees, and attorney fees, and will be referred to a third-party collections agency. Customer agrees to be responsible for all costs of collection, including reasonable attorney fees, to the extent permitted by California law.
Governing Law & Disputes: This Agreement shall be governed by the laws of the State of California. Any dispute arising under this Agreement shall be resolved in the courts of Placer County, California, which Customer hereby consents to as the exclusive venue.
2. SCOPE OF ROUTINE SERVICE
Included Chemicals: Monthly service rates include general maintenance chemicals: chlorine, chlorine tablets, salt, muriatic acid, sodium bicarbonate, and calcium. Included chemical quantities are based on normal usage under typical conditions.
Additional Chemical Costs: Environmental conditions, heavy pool usage, weather events, or individual pool characteristics may require chemicals outside the standard scope. Company will make reasonable efforts to notify Customer of anticipated additional charges prior to application where circumstances allow. Customer acknowledges that time-sensitive chemical conditions may require immediate treatment to prevent damage to the pool, equipment, or bather safety, and that Company is authorized to apply necessary chemicals in such situations.
Conditioner/Stabilizer: An annual fee of $45 will be charged in spring for conditioner, stabilizer, and clarifier applications due to seasonal demands.
Mineral Cartridges: A fee of $70 to $120 (depending on pool size) will be charged at the start of spring for mineral cartridge replacement.
Rain and Wind Events: During rain and heavy wind events, service will be limited to chemical checks and basket clearing. Debris management will be completed on the next available service day at no additional charge. Company is not responsible for debris accumulation or water chemistry fluctuation caused by weather events outside of Company control.
3. FILTER CLEANING
Cartridge Filters: Cartridge filters will be cleaned twice per year, approximately every six months, at a charge of $125 per cleaning for Extended, Robotic, Basic, and Budget service customers.
DE Filters: Diatomaceous earth (DE) filters will be backwashed and fully cleaned as conditions require, at a charge of $150 per cleaning.
Filter Condition Disclaimer: Company is not responsible for filter elements that are damaged, worn, or have reached end of useful life at the time of cleaning. Company will notify Customer of any such conditions discovered during service.
4. REPAIRS & ADDITIONAL WORK
Approval Threshold: Any repair or parts replacement with an estimated cost over $50 requires Customer approval before work is performed, except as described below.
Urgent Repairs: If a repair is urgent and poses a risk of damage to the pool, equipment, or property if delayed, Company reserves the right to perform emergency work and will notify Customer promptly. Customer will be responsible for associated costs.
Travel Charge: If a repair requires a dedicated service visit separate from a scheduled maintenance visit, a $100 travel and dispatch charge will apply in addition to parts and labor. Company will make every reasonable effort to complete non-urgent repairs during scheduled service visits.
No Warranty on Third-Party Parts: Company warrants its labor for 30 days from the date of repair. No warranty is provided on manufacturer-supplied parts beyond the manufacturer's own warranty.
5. SURFACES, STAINING & PRE-EXISTING CONDITIONS
Plaster and Tile: Pool plaster and tile are composed of natural minerals. A certain degree of shading, staining, color variation, and surface texture change is inherent to all pools and is not caused by pool service. Company is not responsible for staining, discoloration, efflorescence, etching, or surface wear that results from the nature of the materials, water chemistry variance, mineral content, environmental factors, or the age of the surfaces.
Pre-Existing Conditions: Company is not responsible for any pre-existing damage, staining, equipment wear, or deficiencies present at the time service begins. Customer is encouraged to document existing pool conditions at the time of enrollment. Company may photograph the pool and equipment at the start of service for mutual protection.
Photo Documentation: Customer hereby consents to Company photographing the pool, equipment, and surrounding service area for the purposes of condition documentation, service records, and quality assurance. Photos will not be used for any commercial purpose without separate written consent.
6. CUSTOMER RESPONSIBILITIES
Water Level: Customer is responsible for maintaining proper water level between service visits. Low water level can damage pool equipment and void manufacturer warranties. Company is not responsible for equipment damage resulting from inadequate water level.
Pool Cover: Customer is responsible for ensuring the pool cover is removed on scheduled service days. If a pool cover prevents service access, Company will make one additional attempt at the next available opportunity. Full monthly charges apply regardless.
Equipment Access: Customer is responsible for keeping the equipment pad area clear and accessible, including trimming back any shrubbery or vegetation that obstructs access to pool equipment.
Gate & Property Access: Company does not accept keys to client properties. If gate access requires a key, Customer must provide a lockbox with a combination code. If Company technicians are unable to access the pool area due to a locked gate, blocked access, or other obstruction, a service visit will be logged as attempted and full service charges will apply. Customer is responsible for ensuring access on scheduled service days.
Pets: For the safety of Company personnel, Customer must ensure all pets are secured inside or otherwise restrained on service days. If a technician cannot safely access the pool area due to an unrestrained animal, the visit will be logged as attempted and full service charges will apply. Company assumes no liability for any pet that exits a property through gates left open during service.
7. LIMITATION OF LIABILITY
Liability Cap: To the maximum extent permitted by California law, Company's total liability to Customer for any claim arising out of or related to this Agreement, including but not limited to damage to property, equipment, or pool surfaces, shall not exceed the total service fees paid by Customer in the twelve (12) months immediately preceding the event giving rise to the claim.
Consequential Damages: Company shall not be liable for any indirect, incidental, consequential, or punitive damages of any kind, including loss of use of the pool or property.
Force Majeure: Company shall not be liable for failure or delay in performing services due to circumstances beyond its reasonable control, including but not limited to weather events, equipment failure, labor shortages, public health emergencies, or government-imposed restrictions. Company will make reasonable efforts to reschedule affected service visits.
8. SERVICE AGREEMENT TERMS & CANCELLATION
Term: All Basic, Extended, and Full Service agreements are month-to-month and renew automatically each month unless cancelled in accordance with this section.
Cancellation Notice: Customer must provide a minimum of 14 days written notice prior to the desired cancellation date. Cancellation requests must be submitted by email to info@providentpools.com. Verbal cancellation requests will not be accepted.
Outstanding Balances: Cancellation does not waive any outstanding balance owed to Company. All unpaid invoices remain due and payable upon cancellation. Pre-paid service amounts are non-refundable for the current billing period.
Company Termination Rights: Company reserves the right to terminate this Agreement with 14 days notice for any reason, including but not limited to non-payment, unsafe property conditions, or repeated access failures.
9. COMMUNICATIONS & DATA
Electronic Communications: By submitting this Agreement, Customer consents to receive service-related communications, invoices, and account notifications from Company via email and SMS text message. Standard messaging and data rates may apply. Customer may opt out of SMS communications at any time by replying STOP to any text message or contacting Company in writing.
Privacy: Customer information will be used solely for account management, service delivery, and business communications. Company will not sell or share Customer personal information with third parties except as required by law or as necessary for collections and service operations.
CUSTOMER ACKNOWLEDGMENT
By checking the acknowledgment box and providing a digital signature below, Customer confirms that they have read and understand this entire Agreement, agree to be bound by its terms, have had the opportunity to ask questions prior to signing, and have the legal authority to enter into this Agreement on behalf of the service address.
This Agreement is effective as of the date of Customer's digital signature.