Swimming Pool Brian - Terms of Service Agreement

Effective Date: 01/01/2025
Last Updated: 02/14/2025

This Terms of Service Agreement (the "Agreement") is entered into by and between Swimming Pool Brian ("we," "us," or "our") and the customer ("you" or "the customer") to establish the terms and conditions under which we provide swimming pool opening and closing services.

1. Description of Service

We agree to provide the following services to you:

Opening Service:

  • Remove winter cover

  • Remove winter plugs and install diverters and skimmer baskets

  • Install ladder and rails

  • Assemble pump/filter equipment and start system

  • Add chemicals

Closing Service:

  • Remove ladder and rails

  • Remove diverters and skimmer baskets

  • Blow air through plumbing lines and plug pool

  • Disassemble pump/filter equipment

  • Add chemicals (if requested)

  • Cover pool

By accepting this agreement, you acknowledge that you are purchasing the above service for the agreed price.

2. Payment Terms

  • Payment can be made in the form of cash, check, credit card, or debit card.

  • Payment is due immediately upon receipt of the invoice.

  • Failure to pay promptly may result in a late fee.

  • Please mention the invoice number when making your payment.

  • Any discrepancies should be reported immediately upon receipt of the invoice.

3. Refund Policy

We have a separate Refund Policy, which can be viewed at:
https://www.swimmingpoolbrian.com/refund-policy

5. Customer Responsibilities

To ensure a smooth service experience, customers must:

  • Provide clear and safe access to the pool area.

  • Ensure the water level is appropriate for opening or closing.

  • Inform us of any known pool issues (e.g., leaks, broken equipment) before service.

  • Keep pets and obstacles away from the work area during service.

Failure to provide necessary access or notify us of pre-existing issues may result in service delays or additional charges.

6. Service Limitations & Disclaimer

While we strive to provide the highest quality service, we do not guarantee specific results due to factors outside our control:

  • Water Clarity & Chemistry: Chemical application is included, but we cannot guarantee immediate clarity or chemical balance. Additional treatment may be required by the pool owner.

  • Pre-Existing Equipment Issues: We are not responsible for issues related to pre-existing pool equipment malfunctions, plumbing leaks, or structural damage.

  • Weather Conditions: We may need to reschedule services in cases of extreme weather.

7. Force Majeure

We are not liable for failure to perform our obligations due to unforeseen circumstances beyond our control, including but not limited to:

  • Natural disasters, severe weather, war, pandemic, strikes, government regulations, or any other cause beyond our reasonable control.

In such cases, we will make reasonable efforts to mitigate delays, but we will not be held responsible for any damages.

8. Limitation of Liability

  • Our liability is limited to the total amount paid by the customer for the service provided.

  • We are not responsible for any indirect, incidental, or consequential damages arising out of the use of our service.

9. Dispute Resolution & Chargebacks

  • If you have concerns about a service, you agree to contact us first before filing a chargeback or dispute with your bank or payment processor.

  • We will work to resolve any issues within 10 business days.

  • Unjustified chargebacks (if services were fully provided) may result in further legal action.

10. Amendments

We reserve the right to update or modify these Terms of Service at any time.

  • Any changes will be communicated via email or website posting.

  • Continued use of our service after any updates constitutes your acceptance of the revised Terms.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania, without regard to its conflict of law principles.

12. Contact Information

For any questions or concerns regarding these Terms, please contact us:

📧 Email: brian@swimmingpoolbrian.com
📞 Phone: 717-473-7023
🏠 Address: 32 Mt. Rock Rd., Newville, PA 17241