Terms of Service

These Terms of Service ("Terms") govern the services provided by Rise ‘n’ Shine Pool Service (“we,” “us,” or “our”) to our clients (“you” or “customer”). By engaging our services or using tools on our website, including surveys, you agree to these legally binding terms. These terms are designed to provide transparency, align with federal and state laws, and protect both your interests and ours.

We offer a variety of pool maintenance services, including:

• Routine Pool Cleaning: Skimming, vacuuming, brushing, and chemical balancing
• Chem Only and Chem Plus Packages: Chemical adjustments based on water chemistry tests
• Filter Cleaning: Recommended every six months or as needed
• Algae Treatment: Treatments targeting green, black, and yellow algae
• Advanced Water Testing: Testing for stabilizers (CYA), calcium hardness, and TDS
• Minor Repairs: Includes equipment adjustments and maintenance

Additional Services Provided by Partners:

• Acid Washes for severe black algae or surface problems
• Structural Inspections for pool damage or leaks
• Advanced Equipment Repairs handled by certified technicians

Note: If additional services are required, they will be billed separately.

• Pool Safety Compliance: Customers are responsible for compliance with the California Pool Safety Act and California Building Code requirements (e.g., fencing, gates, safety signs).
• Our Scope: We do not install or monitor safety measures. Customers are solely responsible for ensuring their pool area meets all legal safety requirements.

• Upfront Payments: Payments are due on the invoice date. Services will be paused if payment is not received within 5 days of the invoice date.
• Annual Contract Cancellation:
  
  • Within 30 Days: Cancellations incur a $250 fee.
  • After 30 Days: 50% of the remaining contract value will be charged.
• Service Suspension for Overdue Payments:
  
  • Services will be paused if any invoice exceeds 5 days overdue and will only resume once the full balance is paid.
  • We require upfront payments to ensure uninterrupted service.
• No Checks Accepted: Payments must be made electronically.

We reserve the right to skip scheduled service visits without refund if the following conditions are met:

1. Safety Hazards or Obstructions:
   
   • If there is a dog in the yard or other unsafe animals present.
   • If the entrance to the pool is blocked by objects, vehicles, or locked gates.
   • If there are unsafe conditions such as damaged equipment, slippery surfaces, or hazardous environments.

1. Inaccessible Equipment:
   
   • If equipment such as pump baskets, skimmer baskets, or filters are inaccessible due to customer actions or obstacles.

1. Lack of Preparation for Service:
   
   • If the pool area is not prepared according to our service standards (e.g., failure to secure pets, open gates, or clear obstructions).

Note: We will notify the customer of any skipped service with an explanation. Multiple service skips may result in additional fees or contract review.

“We reserve the right to reschedule services due to severe weather conditions or environmental hazards that may pose risks to our technicians or affect the quality of service.”

“We are not responsible for damages or issues caused by pre-existing conditions of the pool or its equipment. If such conditions are discovered during service, we will notify the customer immediately and may recommend further inspection or repair services.”

“We maintain detailed records of all service visits, chemical tests, and equipment inspections. Customers are encouraged to retain these records for reference. In case of any dispute, these records will serve as the official documentation of services performed.”

“If our technicians cannot access the pool due to locked gates or blocked entrances, service will be skipped, and the customer will be charged a missed service fee. It is the customer’s responsibility to ensure safe and accessible entry.”

“We are not liable for improper storage, use, or handling of chemicals once they have been delivered to or stored at the customer’s property. Customers are responsible for adhering to safety guidelines and storage recommendations.”

“Customers may opt for an annual equipment evaluation to assess the condition and performance of pool components. This service helps identify potential issues early and ensures smooth operation throughout the year.”

• General Liability:
  
  • We are not responsible for damage to pool equipment, surfaces, or water quality unless the damage is caused by gross negligence on our part.
  • Burden of Proof: If a customer claims that damage to their pool or equipment resulted from our actions, the burden is on the customer to provide documented evidence proving that the damage was directly caused by gross negligence on our part.
  • All work is documented with photos and detailed chemical testing reports, which are shared with customers to ensure transparency and accountability.
• Customer-Caused Damage:
  
  • If damage occurs due to customer actions (e.g., improper chemical use or failure to follow maintenance instructions), the customer is responsible for all repair costs.
• No Warranty on Services:
  
  • We do not provide any warranties, express or implied, for the services performed. This includes but is not limited to warranties of fitness for a particular purpose, merchantability, or future water quality. All services are provided on an as-is basis.

• OSHA Compliance: Our technicians follow OSHA’s Hazard Communication Standards (HCS) and use appropriate PPE when handling chemicals.
• Chemical Safety Practices: We ensure proper storage, application, and disposal of chemicals according to industry best practices to prevent damage or injury.

• Survey Data Compliance:
  
  • Survey data is collected, stored, and processed in compliance with CCPA and GDPR. Customers may request access to their data, request deletion, or restrict processing at any time.
• Survey Liability Disclaimer:
  
  • Survey results are for informational purposes only and do not constitute an endorsement or guarantee of any service provider.
• Automated Survey Results:
  
  • Upon survey completion, users will receive an automated email with a summary of their survey responses and a rating.

• Service Cancellations: Cancellations must be made 24 hours in advance to avoid a $50 missed appointment fee.
• Annual Contract Cancellation:
  • Within 30 Days: A $250 fee applies.
  • After 30 Days: 50% of the remaining contract value will be charged.

• Service Limitations: While we strive to maintain water quality and pool safety, we cannot guarantee against future algae growth, staining, or equipment failures due to factors beyond our control.
• No Implied Warranty: All services are provided "as-is," with no guarantee of future water quality or equipment performance.

These Terms of Service are governed by the laws of the State of California. Disputes will be resolved under California law.

We reserve the right to modify these Terms at any time. Customers will be notified of changes, and continued use of our services constitutes acceptance of the updated Terms.