Pool Service Contract Template

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A Pool Service Contract is an agreement between a pool maintenance provider and a property owner outlining cleaning schedules and costs. It is used to maintain pool quality, set expectations, and ensure reliable service delivery.

POOL SERVICE CONTRACT

This Pool Service Contract (the "Contract") is entered into on   (the "Effective Date") by and between 

 , an individual having their usual place of living at   (hereinafter referred to as the "Client"), and 

 , an individual having their usual place of living at   (hereinafter referred to as the "Service Provider"), collectively referred to as the "Parties" and individually as the "Party". 

WHEREAS the Client is the owner or the authorized representative of a swimming pool specified herein and wishes to engage the services of a professional pool service provider;

WHEREAS the Service Provider is a reputable and experienced specialist with the necessary knowledge and experience to perform pool services in accordance with industry standards;

WHEREAS the Parties intend to establish a contractual relationship to formalize their understanding and obligations with respect to the provision of pool maintenance services;

WHEREAS the Parties have agreed to the terms and conditions set forth in this Contract;

NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, and upon other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties have agreed as follows:

SUBJECT OF THE CONTRACT. The Service Provider agrees to perform the following pool services (the "Services") for the Client at the property located at   (the "Property") in compliance with all applicable laws and regulations:

The Service Provider shall begin performing the Services on   (the "Commencement Date") and shall complete the Services no later than  .

The Client shall provide a safe and accessible work site at the Property for the Service Provider to perform the required Services. The Client shall grant access to outside water sources, electrical outlets, and any other necessary utilities or tools required to perform the Services.

The   shall be responsible for providing all equipment, tools, and materials necessary to perform the Services. Upon completion of the Services, the Service Provider shall take necessary precautions to protect the Property and remove all debris and equipment.

PAYMENT TERMS. The Client agrees to pay the Service Provider a fixed amount of   (the "Contract Amount") for the Services provided under this Contract. The Contract Amount shall be paid according to the following conditions:

Payment term. The payment is due within   days before completion of Services (the "Due Date").

Payment method. The Client shall pay the Service Provider by cash. 

Taxes. The   shall cover all taxes related to the Services, including sales tax, use tax, and other applicable taxes.

TERM AND TERMINATION OF THE CONTRACT. This Contract shall commence on the Effective Date and shall continue until   unless terminated earlier under the terms of this Contract. The Contract may be continued by mutual written agreement of the Parties in accordance with the terms and conditions specified in this Contract unless the Parties agree otherwise.

Either Party may terminate this Contract upon providing   days prior written notice. This Contract may be terminated immediately if either Party fails to perform the obligations under the terms of this Contract. 

 

In addition, either Party may terminate this Contract immediately upon providing written notice to the other Party if the other Party becomes insolvent or files for bankruptcy.

In the event of default as stipulated in the Default clause, the non-defaulting Party shall have the right, in addition to any other rights provided by this Contract, law, or equity, to terminate this Contract by giving   days written notice to the defaulting Party if the latter does not remedy the breach within the specified notice period. The non-defaulting Party shall also be entitled to recover all damages resulting from such a default.

Upon termination of this Contract, the Client shall pay the Service Provider for all Services satisfactorily completed by the Service Provider through the date of termination.

RELATIONSHIP OF THE PARTIES. The Parties acknowledge and agree that the Service Provider operates as an independent contractor and not the Client's employee, agent, or representative. The Parties acknowledge and agree that this Contract does not restrict the Service Provider from delivering similar services to other clients.

CONFIDENTIALITY. The Parties agree to keep all information disclosed during this Contract confidential and not to share such information with any third party unless required by law. The Parties agree not to use the confidential information for any purpose other than what is necessary to fulfill their obligations under this Contract.

This confidentiality clause shall remain in effect after the termination or expiration of this Contract.

LIABILITY AND INDEMNIFICATION. The Service Provider agrees to indemnify and hold harmless the Client from and against any claims, demands, suits, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from or related to the Service Provider's performance under this Contract. However, if it is found that both the Service Provider and the Client contribute to the claim through fault or negligence, the Service Provider's indemnification obligation shall be reduced by the percentage of fault assigned to the Client.

WARRANTY. The Service Provider warrants that all Services provided under this Contract shall be performed in a professional manner, with reasonable care and skill, and in accordance with all applicable laws and regulations. The Service Provider guarantees the quality and timely completion of the Services provided under this Contract.

If any quality defect is found in the Services within   after completion of the Services, the Client shall provide the Service Provider with the respective notice. The Service Provider shall rectify such defect(s) at no additional cost to the Client within a reasonable time frame, but not later than within   days (the "Cure Period") from the date of receipt of the Client's notice. Unless waived by the Client, the failure of the Service Provider to remedy such defect(s) within the Cure Period shall lead to the automatic termination of this Contract. 

DEFAULT. Either Party shall be deemed to be in default under this Contract upon the occurrence of any of the following events:

  • Failure to perform any obligations under this Contract, continuing for   days after receiving written notice, or a longer reasonable period considering the circumstances.
  • Breach of any covenants or warranties made by any Party in this Contract.

INSURANCE. The Service Provider shall maintain insurance coverage in amounts sufficient to cover any liability arising from the performance of the Services under this Contract. This coverage includes general liability insurance, property damage insurance, and worker's compensation insurance.

 

FORCE MAJEURE. Neither Party shall be liable for any failure to perform or delay in performing the obligations under this Contract if such failure or delay is caused by events of force majeure, including but not limited to acts of God, war, terrorism, strikes, lockouts, labor disputes, pandemics, epidemics, governmental regulations, or any other similar causes beyond the reasonable control of the affected Party.

In the case of force majeure, the affected Party shall immediately notify the other Party in writing and provide reasonable proof of the cause of the delay or inability to perform the obligations. The Party affected by force majeure shall endeavor to mitigate the consequences of such circumstances and resume the performance of obligations as soon as possible after the circumstances cease to exist.

If the force majeure circumstances last more than   days, either Party may terminate this Contract by giving written notice to the other Party. In this case, neither Party shall be liable to the other Party for any damages arising from the termination of this Contract.

 

NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered personally or by certified mail, return receipt requested, to the address specified in the opening paragraph or to such other address as one Party may have furnished to the other in writing, or to emails set forth below:

If to the Client:  

If to the Service Provider:  

Either Party may change the registered mail or email address for receipt of notices by giving written notice to the other Party. Notices shall be deemed received on the day of delivery if sent by hand or courier service or on the third business day after the date of posting if sent by registered mail or email.

GOVERNING LAW AND DISPUTE RESOLUTION. This Contract shall be governed by and construed in accordance with the laws of the State of  , except for its conflict of laws principles. Any action or proceeding resulting from or related to this Contract or its breach that cannot be resolved by mutual negotiations between the Parties shall be brought exclusively in the courts of the State of  . 

SEVERABILITY. The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract.

WAIVER. The failure of any Party to enforce a particular provision of this Contract shall not constitute a waiver of their right to enforce that provision in the future.

ENTIRE AGREEMENT. This Contract constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, understandings, negotiations, or discussions, whether oral or written, relating to the subject matter of this Contract. Any amendments or modifications to this Contract must be in writing and signed by both Parties.

IN WITNESS WHEREOF, the Parties have executed this Contract as of the Effective Date. 

THE CLIENT

THE SERVICE PROVIDER

 

 , USA

 

Banking Details

Bank name:  

Account number:  

 

__________________________________

(Place for signature)

 

 

 

 , USA

 

Banking Details

Bank name:  

Account number:  

 

__________________________________

(Place for signature)

 

 

Written by Karyna Pukaniuk - Reviewed by Jonathan McGill

Template Description

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technician cleaning the pool

Every year, it happens. It's summer time, and everyone enjoys relaxing by the pool with family and friends. However, it rains, the winds blow, and the bugs come out at night to chase the pool lights. When you wake up in the morning, pools are often strewn with bugs and debris, and who wants to clean them when all they want to do is swim? That's where your business comes in. 

Insight

Pools usually require regular maintenance with pool chemicals, cleaning equipment, and filtration systems as well as periodical inspection of the overall condition of the pool. Therefore, it is advisable to hire professionals to render technical maintenance services, such as inspection of pumps, filling additional chemicals to bring the water up to standards set by an industry and legal requirements, removal of debris, etc. 

Home and business owners are looking for someone to take on the responsibilities of filling, servicing, and repairing their pools. To expedite the process of having your new and existing clients sign pool service contracts, consider using our pool cleaning service contract template available in PDF format. 

What Is a Pool Service Contract?

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A pool maintenance contract or a customer pool agreement is an agreement that is signed by a swimming pool technician — commonly known as a pool cleaner — or a pool service company, and the client. The pooling service agreement details all the services that are included as well as the terms of service. It should include all the details regarding the prices and billing options, as well as the schedule and potential penalties for failure to deliver the service.

Insight

If you require pool maintenance services or provide these services to clients, a properly drafted pool servicing agreement will help secure your interests and avoid potential risks, such as: non-fulfillment of certain mandatory services, problems with violation of the terms, failure of deadlines,poor quality of the services, or inflated expenses. 

Parties of the Pool Service Contract

There are usually only two parties in a pool service contract.

  • Customer –– The individual or company that is requesting pool maintenance from a swimming pool technician.
  • Swimming pool technician –– The professional or company who is providing pool maintenance services to the customer.

Key Terms

You will find that most pool contract examples are fairly similar and contain the same crucial elements:

  • Scope of work –– Each service included in the scope of work should be clearly defined in the contract. Any service that is not included in the contract cannot be expected by the customer.
  • Service schedule –– The contract should specify how often service visits will be conducted, including all exceptions to and deviations from the schedule resulting from public holidays or other reasons.
  • Service pricing –– The purchase price per visit should be clearly defined in the contract.
  • Initial visit –– In the event the pool needs to be cleaned before the commencement of the scheduled maintenance visits, the terms of the initial visits should be outlined in the contract.
  • Customer’s responsibilities –– The customer is usually responsible for providing access to the pool during the scheduled visits, maintaining the water level, keeping their pets away from the pool during scheduled visits, and more.

What Is Included in a Swimming Pool Service Contract?

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What is included in a swimming pool service contract will depend largely on what the terms of service are, but the following are the main components that every pool service contract should include:

  • The client’s contact information; 

  • Where the pool is located; 

  • How long the service will last; 

  • How much does the service provider charge for the service; and

  • What tasks the service provider will be responsible for. 

Please consider that this is a non-exhaustive list that includes only a few main points cleaning service contracts examples should have.

Warning

A printable swimming pool waiver template may include a hold harmless clause into a pool service contract. This type of liability waiver indemnifies the contractor from legal and financial liability for personal injury you or another person sustains on their construction site. 
Be aware that every state has its limitations and requirements for hold harmless agreements. For instance, some states may prohibit using them during construction works, therefore you should consult with a qualified lawyer before signing a liability waiver.

How To Write a Pool Service Agreement

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For Swimming Pool Technicians

1. Coordinate with customer

Before you present a contract to the customer, check in with them to see if they require any services that are not included in the standard offer, or if you can use a sample template as is.

2. Discuss the terms and conditions

The contract should include essential information such as the customer’s name, the scope of work provided, the payment terms, and the service schedule. Additionally, include general information regarding customer’s responsibilities as well as the vendor’s responsibilities. Finally, detail potential penalties that may result in breaching the contract by one or both parties.

3. Consult a legal professional

Consulting a legal professional in the area will help ensure that the contract is not breaking any state laws and is, indeed, legal and enforceable. A lawyer may also suggest additional clauses to create an ideal contract.

Warning

If the subject of your contract is the construction of a pool, it is advisable to clearly stipulate a timeline for the builders to meet. It may be difficult for the service provider to stipulate a definitive end date. However, the contract shall include approximate start and end dates as well as pool builder’s working hours. 

When To Use Pool Service Contract Template

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It is important to use a pool service contract to avoid ambiguities in the agreement between the parties. Sometimes, pool cleaning can be done as a favor and won’t require any compensation. However, a professional maintenance provider will benefit from using a pool service contract template.

Common Use Cases

The following are some times when you should consider using a pool contract: 

  • When the service will be provided in exchange for some form of payment—typically monetary;
  • When the service will be provided on a routine basis (e.g., whether the provider will have weekly or monthly access to the pool);
  • When the service is to be provided over a long period of time, such as for a deep cleaning that will require a few weeks.

Using a pool contract in most circumstances is advisable. You should check legal examples for pool maintenance agreements to make sure everything is done properly.

When Not To Use the Pool Service Contract

A pool service contract is not always necessary. Here is a simple example:

  • There is no sale taking place as the person that has been asked to clean the pool is not getting paid (perhaps they are a family member or a neighbor).

State Law

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The contract should be written in accordance with your state law. The Title 48 of Code of Federal Regulations Chapter 1 Subchapter F Part 37 “Service Contracting” applies to all contracts for services. 

Related Documents

Also read

How To Start a Legal Pool Cleaning Business?
Pool Service Contract Preview
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