TERMS & CONDITIONS
2-17-2025
1. Agreement. 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").
2. Scope of Work. 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. That said, 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.
3. License to Access the Property. In order for Blue Splash to fulfill its obligations under this Agreement, Blue Splash must have access to your Property. Therefore, 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. Blue Splash and Customer covenant to act in good faith and to make reasonable accommodations for each other with respect to scheduling matters under this Agreement. For all purposes hereunder, text messages, emails, and phone calls shall all constitute reasonable forms of notice. Customer covenants that this limited license shall not be revoked without five (5) business days' notice and a reasonable final opportunity for Blue Splash to access the Property in order to remove any of its tools, materials, or equipment that may remain at the Property. If no property of Blue Splash is present at the Property, then the Customer may cancel this Agreement and this limited license at any time, subject to the remaining Terms & Conditions of this Agreement, including but not limited to payment of any past-due invoices or other outstanding balances due.
4. Limitations and Exclusions from the Work. Customer understands and acknowledges that Blue Splash is a pool cleaning and maintenance service but is not a pool building contractor within the meaning of Tenn. Code Ann. § 62-6-102(4)(A)(i). Therefore, any issues or repairs relating to the construction or installation of the pool or tub are solely the responsibility of Customer and/or Customer's pool building contractor. Any manufacturer's warranty (other than for products furnished by Blue Splash) is expressly disclaimed by us and excluded from this Agreement. Blue Splash shall not be responsible for work performed or damage caused by other contractors or tradesmen before or after the Effective Date. Any material interference with our Work by another contractor or person with access to the pool shall be grounds for the revocation of any warranty provided hereunder and may also be grounds for the termination of this Agreement, in the event that such interference materially frustrates or renders impracticable the Work of Blue Splash hereunder.
5. Customer Duties and Obligations. Customer shall provide Blue Splash access to the pool as provided for herein. Customer shall make all reasonable accommodations necessary for Blue Splash to perform its Work hereunder. Customer shall pay all invoices sent by Blue Splash within ten (10) business days, or as otherwise directed by Blue Splash. Customer shall use its best efforts to ensure that Blue Splash's work is not interfered with or damaged by Customer, Customer's guests or agents, or anyone else within Customer's control. Notwithstanding anything herein to the contrary, the duty to repair and maintain the pool shall be the sole and exclusive responsibility of Customer.
6. Blue Splash Duties and Limited Warranty. Blue Splash proudly stands behind its Work and, as an inducement to Customer to enter into this Agreement, offers the following Limited Warranty to Customer: Blue Splash shall perform its Work hereunder in a timely, professional, and workmanlike manner. Blue Splash shall cooperate in good faith with Customer with respect to scheduling and logistical matters. Blue Splash warrants that it shall act in good faith and pursuant to industry best practices in performing pool maintenance and repairs pursuant to this Agreement. Be advised, however, that circumstances beyond Blue Splash's control, such as weather, debris, foreign chemicals and bacteria, and other causes and acts of God may affect any remedial Work performed by Blue Splash. Consequently, Blue Splash cannot warrant (pursuant to the "Green to Clean" service or any other Service or Work hereunder) any specific chemical composition of the pool on any given day or date. Pool maintenance is a continuous process, and Blue Splash shall endeavor to work with the Customer in order to achieve maximum efficiency and optimal use of the Customer's pool. However, due to the aforementioned reasons which can cause fluctuations in chemical composition, pH, and presence of bacteria or mineral deposits, other than the express Limited Warranty stated above (and any applicable product manufacturer's warranty) there are no express or implied warranties whatsoever, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. Notwithstanding the foregoing, Customer is encouraged to reach out to Blue Splash with any issues or concerns regarding Blue Splash's Work. As discussed elsewhere herein, Customer is a valued member of Blue Splash's community, and Blue Splash shall endeavor to settle any dispute or Customer issue respectfully and in good faith.
7. Limitation of Liability. As an express inducement to enter into this Agreement and as consideration therefor, Customer hereby waives the right to seek any punitive, special, exemplary, consequential, liquidated, or compensatory damages from Blue Splash, regardless of the legal or equitable basis for such claims. This waiver shall extend to our successors, agents, and assigns. Customer's sole and maximum remedy under this Agreement shall be additional Work and Services performed by us, if applicable, and in no event shall any damages under this Agreement exceed the total dollar amount of the consideration furnished by Customer hereunder. Additionally, Blue Splash shall not be liable for any claims or damages, and Customer expressly waives all claims and damages, whether actual or consequential, arising out of or relating to Acts of God, accidents, civil disturbances, terrorism, delays in obtaining materials, fires, hurricanes, floods, unforeseeable changes in water table, mudslide, earthquake, volcanic eruption, wind-driven water, lightning and other weather conditions, pandemics, medical emergencies that have resulted in local, state, or federal state of emergency, viruses or illnesses requiring quarantine, strikes, riots, war, or other causes beyond Blue Splash's control.
8. Indemnification. To the fullest extent permitted by law, the Customer shall defend, indemnify, and hold harmless Blue Splash, its officers, directors, agents, and employees (collectively, the "Indemnitees") from and against any and all claims, demands, losses, damages, liabilities, expenses, or costs, including reasonable attorney's fees, costs and expenses of investigation, penalties, interest, and amounts paid in settlement (collectively "Losses") incurred or to be incurred by Blue Splash, arising out of, relating to, or resulting from any negligence, personal injury, wrongful death, or property damage which is caused or occasioned by the acts of Customer or anyone under Customer's control, including claims for those damages caused partly as a result of the negligence or wrongful acts of any Indemnitees if the damages claimed relate to, arise out of, or are connected with this Agreement or the actions necessary to perform same.
9. Default. If Customer fails to pay Blue Splash for any Work or Services hereunder, Customer shall be deemed in default of this Agreement. As such, in the event of any default hereunder, Blue Splash shall have no obligation whatsoever to perform any scheduled or future Work or Services until such default is cured by Customer. In the event of Customer's default, Blue Splash shall be entitled to collect any of its property that has not been paid for by Customer, including any tools, equipment, chemicals, furniture, or other property of Blue Splash that has been delivered but not timely paid for. Any late or past-due invoices shall accrue interest at the rate of 5% per month, or the maximum interest rate permitted by law, whichever is lesser.
10. Miscellaneous Provisions. This Agreement represents the entire integrated agreement between the Parties. No agent or representative of Blue Splash is authorized to make any representation or promise on behalf of Blue Splash other than those expressly contained herein. The headings contained in this Agreement are inserted for convenience only and shall not be considered material portions of this Agreement. This Agreement shall be construed as if jointly drafted and negotiated between the Parties. This Agreement shall not be assignable without the express written consent of Blue Splash. This Agreement shall not be modified except in a written instrument signed by both Parties. This Agreement may be executed in counterparts, each of which shall constitute an original document. Blue Splash shall be entitled to photograph its Work and Services and use such photographs for any purpose, including marketing through social media channels. In the event of a dispute arising under or related to this Agreement, the venue for such dispute shall lie in Davidson County, Tennessee. This Agreement shall be governed by the laws of the State of Tennessee. In the event of a dispute arising under or related to this Agreement, the prevailing Party in such dispute shall be entitled to collect its reasonable costs and attorney's fees from the non-prevailing Party. The Parties agree that, as an express inducement to enter into this Agreement, and as consideration therefor, the Parties each expressly waive the right to a trial by jury in any action arising under or related to this Agreement.
11. Disclosures Required by Tennessee Code Annotated Section 47-18-104(b)(47). It is a criminal offense for Blue Splash to do any act prohibited by Tennessee Code Annotated Section 39-14-154(b). Blue Splash is required to provide a true and correct name, physical address and telephone number. If that address changes before project completion, Blue Splash is required to provide a more current physical address. Under Tennessee Code Annotated Section 39-14-154(b), the following constitute an offense: (1) Failing to refund money paid within ten days of request if all of the following apply: (A) No substantial portion of the job has been completed at the time of the request; (B) More than ninety days have passed since the project start date; (C) A copy of the written request for a refund was sent to the consumer protection division of the office of the attorney general. (2) Any unauthorized and substantial deviation from the plans or specifications that results in a loss to Customer. It's a deviation if an amount billed substantially exceeds the amount quoted in the contract or if the quality of materials doesn't meet contract requirements. Penalties for unfair or deceptive practices can include restitution for the loss or injury, fines, and impounding of vehicles.
12. Disclosures Required by Tennessee Code Annotated Section 62-6-508. All home improvement contractors must be licensed by the Tennessee Board for Licensing Contractors. The Board will accept inquiries about a contractor at the board's office at Andrew Johnson Tower, corner of Eighth Avenue and Rosa Parks Blvd., 710 James Robertson Parkway, Nashville, TN 37243-1150, 800-544-6943 or (615) 741-8307, Fax (615) 532-2868.
13. Notice to Owner. Blue Splash hereby gives notice to the owner of the property to be improved, that Blue Splash is about to begin improving the property according to the terms and conditions of the contract and that under the provisions of Tennessee law (T.C.A. §§ 66-11-101 - 66-11-141) there shall be a lien upon the real property and building for the improvements made in favor of the contractor who does the work or furnishes the materials for such improvements for a duration of one (1) year after the work is finished or materials furnished.
14. Attorney's Fees. In the event that there is any controversy or claim arising out of or relating to this Agreement, or to the interpretation, breach or enforcement thereof, and any action or proceeding is commenced to enforce the provisions of this Agreement, the prevailing party shall be entitled to a reasonable attorney's fee, costs and expenses.
15. Jurisdiction and Venue. Venue will exclusively be in the state or federal courts located in the State of Tennessee. The parties hereby consent to the personal jurisdiction of these courts and waive any objections that such venue is objectionable or improper.
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PRICE LIST FOR BLUE SPLASH 2-17-2025
Weekly Pool Cleaning/Maintenance: Starts at $95.00 a week
$125.00 a week (Chemicals extra) OR
$95.00 if you provide your own chemicals! (we can give you a list ;)
Brushing (walls, floors, benches, waterline & steps) • Skimming • Vacuuming • Emptying Baskets (Skimmers, Pump) • Backwashing (as needed) • Waterline Tile Cleaning • Robot Cleaning • Equipment Check • Chemical Testing & Balancing
***No Contracts for Residential Service. ***
Pool Opening: $399.00
Removal & Folding of Cover • Removal of Gizzmos & Plugs • Re-Assembly of Pool Equipment • Inspection of Pool Equipment • Start-up Chemicals or Salt IS INCLUDED
(If pool is green/algae present, you will need a green to clean service)
Pool Closing: $399.00
Lowering Water Level as Needed • Draining/Blowing out of Plumbing and Equipment • Installing Plugs and Gizzmos • Dis-Assembly of Equipment (As Needed) • End of Season Chemicals & Installation of Pool Cover (If act of nature blow your cover off, we can fix it for a service call ONLY)
Service Call: $150.00
WE OFFER ABOVE GROUND/INGROUND SERVICES!
Water Chemistry:
Green to Clean: $150.00 (plus chemicals) Return Trips-$85.00ea + chemicals needed!
Strange Water: Service call + (Priced on location)
Phosphates: Service call + (Priced on location)
Scaling: Service call + (Priced on location)
Algae Service: $150.00 (includes chemicals (initial visit)) Return Trips-$85.00ea + chems!
Chemical Checks/Water Testing: $150.00
Other Pool Cleaning & Maintenance Options:
Equipment Repairs & Upgrades: Service call (price on location): $150.00
Filter Cleaning (with the exception of D.E. filters):
$299.00 Cartridge filter Cleaning
$399.00 Sand Change (plus sand)
$199.00 Power Vacuuming
$199.00 Salt Cell Error/Cleaning
$299.00 Plumbing inspection/Broken fitting
$399.00 Electrical Testing/Motor Testing
$150.00 Valves wont work? We can fix but need to do a service call to inspect and get a quote!
$149.00 Skimmer Leaking? Pool Putty Service.
New Pool Equipment & Repairs: $150.00 + whatever needed upon arrival.
We install Jandy and Hayward mostly. These companies are compared to Toyota and Ford. Pentair is an amazing company but more of a Lexus/Mercedes of pool equipment. If you have Astral Equipment, there are NO PARTS and NO REPLACEMENT EQUIPMENT. Ask us the solution!! We have one!
Vinyl Liner Services: $399.00
We laser measure all new liner replacements and guarantee them to fix. We buy liners factory direct. Usually a super-fast turn/around time. Above ground and In-ground services.
Inspections:
Residential Pool Inspection – Equipment should be operational for a full inspection. If you need a report, we can make that too!
- $199.00
Pool Safety-Fences, Enclosures, Windows, Doors, Alarms, Etc.
Pool Interior- Plaster, Liner, Fiberglass (Skimmers and Returns)
Pool Lighting- Pumps/Filters-Heaters
Automation-Pool Decking and Coping-Pool corrosion
*Can choose to add leak detection*
Repair or Leak Detection: Leaky pipes/returns/skimmers/liners/walls:
$249.00 Onsite less than 45 mins. Includes repair of vinyl liner ONLY (all other repairs extra)
or
$499.00 Onsite more than 45 mins. But less than 3 Hours
NOTE* If the job becomes a complicated repair, and we have not found what is wrong within the first three hours, then you, as a customer, will be given the option of us leaving, or will be required to pay an additional $199.00 per hour on the job. This will include any equipment we need to perform the job. Including, but not limited to dump trucks, trackhoes, backhoes, excavators, jack hammers, pipe cameras, pressure compressors.
Our price does NOT include any material cost. (Gravel, Concrete, Pipe, Sod, Dirt, Mulch
All plumbing pipes, fixtures, and equipment. Full check of shell/liner/tub for any leak. Includes Diving (if applicable) Pressurizing plumbing.