POOL OPENING SERVICE IMPORTANT INFORMATION AND DISCLAIMER STATEMENT
BY SIGNING the Pool Opening Service 2019 Registration and Contract, you hereby agree that you have read and understand all information present in this Statement, and are wholly willing to comply with all requests for preparations outlined below to ensure quick, satisfactory service.
We understand that there is a lot of information presented in this Statement. The purpose of this Statement is to protect all parties involved from otherwise unforeseen and indefensible circumstances. Please feel free to contact the office of Cayman Pools and Spas, LLC by telephone at (609) 259-8838, extension 2, with any questions or requests for clarification you may have regarding this Statement.
SECTION 1: BINDING AGREEMENT
Full and accurate completion of the Pool Opening Service 2019 Registration and Contract ("registration form") by the homeowner or legal representative of the homeowner for the property where service is to be performed ("Homeowner," "Customer," "you," "your"), remittance of due payments, and acceptance of all above requirements by any capable representative of Cayman Pools and Spas, LLC ("Cayman Pools," "we," "our"), shall constitute the creation of a binding agreement between Cayman Pools and the Homeowner for the rendering of services described in Section 4, provided preparations are complete as described in Section 5, and remittances remain up to date as outlined in Sections 6 and 7.
SECTION 2: CANCELLATION OF AGREEMENT
Cayman Pools reserves the right to cancel any Agreements made and refund any and all deposits as necessary via a method of their choosing. Should such a cancellation occur, you will be contacted and informed of how the refund will be processed (store credit will be considered an acceptable method of refund in most cases). Should Cayman Pools cancel the Agreement after the Pool Opening is performed, but before the Pool Closing, Cayman Pools will refund the difference between the paid Open & Close Package rate and the correct Pool Opening Service rate, based on date of registration, date of Pool Opening, and other factors, in addition to any deposits for chemicals or services specific to the Pool Closing. Should an Agreement for Opening and Closing Service Package be breached by Customer failing to contact Cayman Pools to set up a Closing date, or by closing on their own or via another pool company, Customer shall forfeit all deposits made toward the Pool Closing portion of the Service Package. There shall be no exceptions for this policy.
SECTION 3: SCHEDULING SERVICES
Scheduling of service cannot begin until the Binding Agreement is created, as outlined in Section 1. If registration form is submitted via fax or email, an associate shall contact you to verify all information provided. Our online forms are designed to automatically update with the correct service fees as the form is completed; HOWEVER, if for some reason incorrect amounts are displayed on the finalized form, our associates will correct the amounts and inform you of the corrected total. If registering in person, our associates will go over all relevant information while you are at our location. We shall try to reserve your Primary Week first; if this cannot be performed, we shall try to reserve your Secondary Week. Should both weeks be unavailable, an associate will contact you to resolve the issues. Due to Cayman Pools' scheduling methods, we cannot guarantee any specific weekday during your selected weeks at registration. An associate will contact you once the schedule for that week is finalized to inform you of your Opening date; this usually occurs no later than the Friday prior to the confirmed service week. Services are performed Monday through Friday, and shall never be performed on a Saturday or Sunday, except in rare occurrences with extenuating circumstances. Additionally, due to possible unforeseen complications on work sites throughout the workday, we cannot guarantee any time of day for our crew to arrive. Please ensure you are prepared for service at any time during the day. Should these complications force us to reschedule one or more of our Services that day to a future date, Customer will be contacted immediately to be informed of the change.
Upcharges Due to Distance from Retail Location / Pool Size: Cayman Pools base service rates, as printed, are for a pool located no more than ten (10) miles from Cayman Pools' retail location in Allentown, NJ, and for a pool containing no more than forty thousand (40,000) gallons of pool water. Residences located between ten (10) and fifteen (15) miles from the retail location receive an upcharge of $25 per service, while any residence more than fifteen (15) miles from the retail location receive an upcharge of $50 per service. Upcharges based on pool size are per pool; it is advised to contact Cayman Pools at (609) 259-8838 to discuss this upcharge if you suspect your pool size is above forty thousand gallons.
SECTION 4: DESCRIPTION OF OPENING SERVICE
Cayman Pools and Spas Complete Pool Opening Package includes:
- Pool Cover: Winter cover will be removed from pool and be allowed to dry at poolside.
- Pool covers will be placed into their storage bags and will be left poolside to be allowed to dry, as storing a damp cover exponentially increases the chance of mold and mildew buildup. Once the cover is dry, Customer shall be responsible for moving the cover to its storage location. Additionally, for pool covers using spring-loaded safety covers, springs will NOT be detached from the cover, nor will deck anchors be removed from the concrete, during your Opening.
- Plumbing De-Winterization: All plugs, gizmos, and winterization plates will be removed to allow water to flow freely through plumbing.
- All plugs, gizmos, and winterization plates shall be left by the pool cover for Customer to store.
- Equipment De-Winterization: All filters, pumps, heaters, and chlorinators will be turned on and checked for proper working condition.
- Pool Opening includes the de-winterization of one (1) filter, two (2) pumps, one (1) heater, and one (1) chlorinator (tablet feeder, mineral system, or salt generator). Any equipment above and beyond these inclusions will require additional labor to complete the Opening, and as such, additional service fees will apply for these items. The service fees for these items are located on the registration form, and should be noted at time of registration. Failure to inform Cayman Pools of additional equipment will result in applicable service fees being billed to the Customer. Any equipment that has been removed from the plumbing after winterization can be reinstalled during pool opening; however, as equipment removal is completely optional at winterization, reinstallation will incur additional fees. Additionally, any heaters that are de-winterized by Cayman Pools will be turned OFF after proper working order has been verified, to help conserve energy costs for our Customers.
- Water Feature De-Winterization: All attached spas, waterfalls, slides, deck jets, and in-floor cleaning systems will be de-winterized.
- Water features such as attached spas, waterfalls, deck jets, slides, and in-floor cleaning systems require additional labor to de-winterize, and as such, additional service fees apply for de-winterizing these items. The service fees for these items are located on the registration form, and should be noted at time of registration. Failure to inform Cayman Pools of water features will result in applicable service fees being billed directly to the card on file without notice.
- Filter Cleaning: Filter elements will be cleaned (if purchased with Pool Opening).
- For pools with DE or cartridge filters, cleaning is an optional service on Pool Opening, but it is one that Cayman Pools highly recommends if it was not performed during your most recent Pool Closing or Pool Opening. Service technician will remove the filter elements from the filter and clean them using a high-quality acid solution to dissolve debris and grime from the elements. If this service is not purchased, the service technician will not open ANY filter tanks for ANY reason, as it is completely unnecessary to complete the Opening.
- Pools with sand filters can have a sand change scheduled with their Pool Opening, but the sand change service itself WILL NOT take place until a minimum of two days after the Opening is completed. This is to allow some time for the current sand to filter the worst of the off-season debris from the water before bring removed and replaced with fresh sand.
- Installation of Accessories: All ladders, handrails, eyeball fittings, skimmer baskets, and pump baskets will be reinstalled if left poolside.
- All accessories left poolside shall be reinstalled. Any accessories not left poolside will not be reinstalled. Any accessories that cannot be installed, or would pose a high risk of damage to pool, deck, or other structural components, shall not be installed, and shall remain at poolside.
- Chemicals: Start-up chemicals will be added to the pool.
- Cayman Pools shall provide high-grade chlorine shock and algaecide for Openings. These chemicals will help to begin the spring cleanup process, but are not meant to completely clear the pool of any algae or other discoloration or growth. Removal of algae should be handled via an in-store water test and the purchase and proper application of the appropriate chemicals to ensure efficient treatment. Pools using biguanide sanitizers (Baquacil, SoftSwim) can have a special start-up kit made upon request for their pool opening, to be made available at retail price. Unfortunately, no start-up chemicals will be provided for pools using bromine as their sanitizer, as chlorine- and biguanide-based products are completely incompatible.
- Spring Cleanup Service: Pool will be vacuumed (if purchased with Pool Opening) during a return trip once all equipment is properly functioning.
- Spring Cleanup is an optional service on Pool Opening. This heavy-duty cleaning service shall not be performed on the same day as the Opening; this is done to allow start-up chemicals time to circulate and kill any living algae in the pool water for ease of removal. We typically allow three to five days to pass before returning to perform the Spring Cleanup. Spring Cleanup service rate is a flat rate that will cover one full pass through the pool. Service technicians will not be able to wait for stirred debris to settle to perform another pass, as settlement could take hours to occur. Some clouding or debris may still be present in water even after this service is performed.
SECTION 5: OPENING PREPARATIONS
Before our service technicians arrive, there are a few things we need the Customer to take care of to ensure quick, satisfactory service, as well as avoiding additional service fees:
- Access: Please ensure that pool area is fully accessible during the scheduled day of service. Please ensure that all high vegetation has been removed and trimmed back from all pool equipment so that reasonable access to all sections of the equipment is available for our technicians.
- Since Cayman Pools cannot guarantee any time frame for service crew arrival due to possible unforeseen circumstances at other properties, please be prepared for your Pool Opening to be performed at any time during the day.
- Pool Cover: Please ensure that any standing water has been removed from the cover, as well as any excessive debris.
- Should a pool cover be excessively dirty upon Opening, additional service fees may be assessed to rinse the cover. Any standing water or debris remaining on the pool cover will end up IN THE POOL upon removal of cover, which can severely hinder spring cleanup efforts.
- Supplies: Please ensure pool cover bag, skimmer baskets, pump baskets, eyeball fittings, and all other Opening supplies are poolside for the service crew.
- In respect of our customers' right to privacy, if supplies are not left poolside, our service technicians will not search any location for these supplies, and the service will be completed to the fullest extent possible. There shall be NO EXCEPTION to this policy. If missing supplies cause Opening to be impossible to complete, additional trip charge fees will be assessed, and the service will need to be rescheduled. DE filters shall be charged with DE powder from Cayman Pools' service van if DE powder is not left poolside by the Customer. We kindly ask our Customers to also leave DE powder at poolside, in the event the service van does not have enough powder on it to charge your DE filter. If an insufficient amount of DE powder is present, the DE filter cannot be properly charged, and the equipment will be turned off before the service technicians depart to reduce risks of damaged filter internals.
- Water Level: Depending on specific pool equipment and features, your pool water may have been lowered before your last Pool Closing. Make sure the pool water is to the middle of the skimmers prior to our arrival.
- Cayman Pools will not adjust any water level during Opening service; we will complete Opening as fully as possible, and you may schedule a separate service call should you wish Cayman Pools to take care of the remainder of the Opening should the water level be insufficient to start up the pool equipment.
- Electricity and Gas: Ensure all electric to pool equipment is turned ON before we arrive. Ensure all gas lines to heaters are turned ON before we arrive.
- You may re-insert any timer pins to automatic timers after the Service is complete.
SECTION 6: REMITTANCE
Please be advised that full payment for all Services shall be due in advance to our Allentown location, and are processed at time of registration. The rates for services offered for our Pool Opening Service are for residential pools of average size. Services performed for larger residential pools, for commercial pools, or for pools with many obstacles or other impediments that require Cayman Pools to provide additional personnel or equipment than usual to service, are subject to additional service fees and/or modified service rates. This will be evaluated on a case-by-case basis. Should our service crew arrive to your pool and we discover that the pool is significantly larger than the size information that you provide at registration, we will bill the difference in service rates to your valid card on file. Please note that our service technicians are not permitted to handle any form of remittance for services to be rendered. Unfortunately, Cayman Pools will not permit any of its service technicians to proceed with a Pool Opening unless payment is collected prior to commencement of work. Please note that this is simply a Cayman Pools standard operating procedure, which has come as a result of the high frequency of non-payments after Cayman Pools has rendered its services. Additionally, a valid credit card must remain on file with Cayman Pools for the timeframes of all services they are to provide for your pool. Fees that require post-service billing will be settled via the card on file. Remittances made via a credit card shall not be the subject of any dispute or chargeback for any reason; any issues that would otherwise warrant such an action should only be handled directly between the Homeowner and Cayman Pools.
SECTION 7: FAILURE TO REMIT
Should any balances due for the Pool Opening remain unpaid after a period of fourteen (14) days has passed from the date of service, this Binding Agreement shall be considered breached by the Customer. Cayman Pools then reserves the right to file for Collections or Small Claims Court immediately upon breach of contract. Should a dispute or chargeback be initiated against any credit card remittance for any reason, Cayman Pools reserves the right to file for Small Claims Court immediately upon resolution of dispute. Any and all fees required to process filing, including attorney fees and clerical fees, shall be assessed in addition to the unpaid amounts, and in addition to any and all reasonable interest accrued on the balance.
SECTION 8: DISCLAIMERS
Should Cayman's service crew arrive at the property, and it is determined that the Opening Service cannot be performed due to any condition(s) existing on the property that prevent the service from being performed to the quality standard expected from a professional pool service company, the service shall not be performed. Customer shall re-schedule the service once the condition(s) preventing the service have been remedied. Customer shall be assessed a return trip fee to reflect the trip sent to the property in which the service could not be performed.
Cayman shall carry adequate liability and Workers' Compensation insurances to cover their employees. Due to local ordinances and prevailing insurance codes, all electrical maintenance and repairs must be performed by a licensed electrician.
Cayman Pools cannot be held responsible or liable for any of the following that may occur during or as a result of our Service:
- Condition of pool water after Opening or Closing is performed, even if a Pool Vacuuming Service is purchased. Unfortunately, due to the nature of vacuuming, one pass through the pool cannot clear the pool of all debris, and any stirred debris will not settle in a reasonable amount of time to be able to complete a second pass. Additionally, water clarity and cleanliness in springtime is determined by many different factors that Cayman Pools has no control of.
- Damages to any part of the swimming pool or pool structure caused by surface or subterranean drainage under or around said pool, or resulting from any natural cause or Act of God, including earthquake, fire, ground swells, inundations and/or hillside motion, landslide, or any natural cause or peril.
- Damage to, or dislocation of, porcelain or ceramic tile borders in concrete or fiberglass pools (this issue is due to excess water entering the pool through either the cover, or through gaps between the pool coping and pool cover).
- Damage, staining or discoloration of pool's interior surface due to local water conditions, neglect, and/or improper or inadequate use of chemicals. Cayman Pools and Spas, LLC cannot place any warranty on the painting of submerged surfaces from peeling, blistering, chalking, or discoloring.
- Damages of non-intentional nature to pool structure, pool surface, pool equipment, decking, hardscape, landscape, shrubbery, plants, etc.
- Any changes in status condition for salt chlorine generators, whether the status condition was pre-existing or occurred during or after a salt cell cleaning or replacement (a unit reset or power-cycle should be considered to remedy these status conditions - should that fail, a separate service call should be arranged to have the salt generator evaluated).
- Damage that may occur to pool ladder, handrail, or deck anchor during a pool closing, should the ladder become stuck in the deck anchor for any reason (a stuck ladder or handrail in a deck anchor indicates improper handling / care of ladder / handrail during the course of the pool season).
- Any tear damage that occurs to a pool cover or liner during Opening or Closing (this typically indicates the presence of brittle cover material or stitching due to natural or excessive aging and/or improper care/customer neglect).
- Any delay in service beyond Cayman's control for reasons including, but not limited to: inclement weather conditions, storm, flood, Acts of Nature, war, riot, strike, inability to obtain materials, or any other occurrence.