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Terms & Conditions

EverBlue Waters, Inc.
Elk Grove, California

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1. Introduction

These Terms and Conditions (“Agreement”) govern all services provided by EverBlue Waters, Inc. (“Company,” “we,” “us,” or “our”) to the client (“Customer,” “you,” or “your”). By scheduling, purchasing, or receiving pool cleaning, maintenance, or repair services from the Company, you agree to be bound by this Agreement.

2. Services Provided

EverBlue Waters, Inc. provides residential and commercial swimming pool cleaning, maintenance, inspection, and repair services, which may include, but are not limited to:

  • Routine pool cleaning and water testing

  • Chemical balancing and treatment

  • Filter and pump inspection and cleaning

  • Equipment repair and replacement

  • Seasonal pool opening and closing

  • Emergency and specialty repair services

Specific services will be outlined in a written service proposal or work order accepted by the Customer.

3. Scheduling and Access

  • The Customer shall provide the Company with reasonable access to the property and pool area during scheduled service hours.

  • Any locked gates, pets, or obstructions that prevent access may result in service delay or cancellation.

  • Missed or delayed appointments due to access issues are billable at the standard service rate.

4. Customer Responsibilities

  • Maintain proper water levels sufficient for filtration and cleaning.

  • Notify the Company promptly of any leaks, malfunctions, or safety hazards.

  • Ensure all pool equipment is in operable condition prior to service.

  • Provide safe working conditions in compliance with OSHA and California safety regulations.

5. Service Standards and Best Practices

EverBlue Waters, Inc. adheres to professional pool maintenance best practices, including:

  • Using EPA-approved chemicals.

  • Following manufacturer specifications for equipment repairs.

  • Complying with all applicable California Health & Safety Code requirements.

  • Maintaining accurate service logs for all visits.

All work will be performed in a good and workmanlike manner consistent with industry standards.

6. Payments and Fees

  • Payment is due upon receipt of invoice unless otherwise stated in writing.

  • Late payments are subject to a 1.5% monthly finance charge (or the maximum allowed by law).

  • Returned checks are subject to a $35.00 fee.

  • The Customer is responsible for all costs of collection, including attorney’s fees, if applicable.

7. Cancellations and Rescheduling

  • Customers must provide at least 24 hours’ notice to cancel or reschedule an appointment.

  • Cancellations with less than 24 hours’ notice may incur a $50.00 cancellation fee.

  • The Company reserves the right to reschedule or delay services due to inclement weather, unsafe conditions, or equipment unavailability.

8. Warranties and Limitations

  • The Company warrants that all repair work will be free from defects in workmanship for 30 days following completion.

  • Manufacturer warranties apply to replacement parts and equipment.

  • Routine cleaning services are not guaranteed to prevent algae, staining, or chemical imbalance caused by weather, usage, or equipment malfunction.

Disclaimer: Except as expressly stated, EverBlue Waters, Inc. makes no other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

9. Liability Limitations

  • The Company is not liable for pre-existing damage, structural defects, leaks, or deterioration.

  • The Company is not responsible for damages resulting from chemical imbalances, unforeseen equipment failure, or acts of God (including wind, storms, or power outages).

  • In no event shall the Company’s total liability exceed the amount paid by the Customer for the specific service giving rise to the claim.

10. Indemnification

The Customer agrees to indemnify and hold harmless EverBlue Waters, Inc., its employees, officers, and agents from any claims, damages, or expenses (including attorney’s fees) arising from:

  • Customer’s negligence or misconduct;

  • Failure to follow pool safety instructions; or

  • Unauthorized repairs or modifications to pool equipment.

11. Termination

Either party may terminate services with written notice. The Customer remains responsible for payment of all services rendered up to the termination date.

12. Force Majeure

The Company is not responsible for delays or failure to perform caused by events beyond its reasonable control, including natural disasters, labor disputes, supply chain issues, or government actions.

13. Dispute Resolution and Arbitration (California)

A. Agreement to Arbitrate:
Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, or interpretation thereof shall be resolved exclusively by binding arbitration conducted in Sacramento County, California, in accordance with the California Arbitration Act (Cal. Code Civ. Proc. §§ 1280 et seq.).

B. Arbitrator and Rules:
The arbitration shall be conducted by a single neutral arbitrator appointed by mutual agreement or, if none, by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

C. Waiver of Jury Trial:
Both parties waive the right to a jury trial or to participate in a class action.

D. Fees and Costs:
Each party shall bear its own costs and attorneys’ fees unless the arbitrator awards otherwise.

E. Small Claims Option:
Nothing in this clause prevents a party from bringing a qualifying claim in California Small Claims Court.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.

15. Entire Agreement

This document constitutes the entire agreement between the parties and supersedes any prior written or oral agreements. Any modification must be in writing and signed by both parties.

16. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Contact Information

EverBlue Waters, Inc.
Elk Grove, California
Phone: 916-707-7788

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