This Service Agreement, Terms & Conditions, and Work Order Form (collectively, this "Agreement") is made and entered into by and between Blue Splash Pool Service, LLC, a Tennessee Limited Liability Company with its principal place of business at 208 Natcor Drive, Dover, TN 37058, and the undersigned Customer for pool maintenance, cleaning, and management services, or the purchase of pool equipment, furniture, or related articles, to be performed or furnished at the property described on the first page of this Agreement (the "Property"). At times, Blue Splash and Customer will be referred to herein collectively as the "Parties" and individually each as a "Party." This Agreement shall be effective as of the date first written below and acknowledged by the Parties (the "Effective Date").
The Scope of Work shall be described in the "Work Order Form" attached below with reference made to the Services detailed above (the "Work"). Due to the unpredictable nature of the Work and the interdependency of Blue Splash's Work with the work of other contractors, tradesmen, variable weather conditions, and unique chemical composition of any given pool or tub, time is expressly made not of the essence with respect to the performance of the Work hereunder. Blue Splash shall use its good faith best efforts to ensure that all of its obligations hereunder are satisfied in a timely, expedient, and convenient manner.
Customer hereby grants Blue Splash a revocable limited license for the duration of the Work to access the Property, its pool, and any structures, appurtenances, or conveyances necessary to access and service the same. Blue Splash shall provide reasonable notice to Customer before entering the Property or performing any repairs or maintenance.
The following pricing applies to Blue Splash Pool Service's offerings:
Services Include:
Includes:
Refer to the attached pricing document for full details.
Customer shall provide access to the Property and promptly pay invoices within 10 business days. Customers must ensure pool conditions do not interfere with Blue Splash's work.
Blue Splash warrants that all work will be performed in a timely, professional, and workmanlike manner, adhering to industry standards and best practices. However, external factors such as weather and chemical imbalances may impact pool conditions.
Blue Splash is not a pool building contractor. Issues related to pool construction or installation are excluded from this Agreement. Blue Splash is not responsible for damage caused by third parties.
Blue Splash is not liable for punitive, special, or consequential damages. Liability is limited to additional services, not exceeding the total amount paid by the Customer.
Customer agrees to indemnify and hold harmless Blue Splash from claims arising out of Customer's negligence or interference with Blue Splash’s work.
Failure to pay invoices constitutes default, suspending all services until resolved. Late payments accrue interest at 5% per month or the maximum rate permitted by law.
This Agreement is governed by the laws of Tennessee. Any dispute shall be resolved in Tennessee courts, with the prevailing party entitled to attorney's fees.
Blue Splash Pool Service respects your privacy. Any personal information collected, including email addresses and phone numbers, will be used solely to communicate regarding appointments, services, and promotional offers.
Data Usage Includes:
Opt-Out: Customers may opt-out of marketing communications at any time by replying "STOP." Personal data will not be shared with third parties without consent.
The prevailing party in any dispute arising from this Agreement shall be entitled to recover reasonable attorney's fees and costs.
Venue for any dispute lies exclusively within the courts of Tennessee. Both Parties consent to this jurisdiction and waive any objection to venue.