Pool Barrier Agreement

POOL BARRIER AGREEMENT

This Pool Barrier Agreement (the Agreement) is entered into as of by and between:

RECITALS

WHEREAS, Owner is the lawful owner of the real property located at (the Property), which contains or will contain a private swimming pool; and

WHEREAS, Contractor is duly qualified and experienced to supply, install and, if applicable, maintain pool barrier systems, and Owner desires to engage Contractor to provide such services in accordance with the terms and conditions set forth herein; and

WHEREAS, the parties intend that the installed barrier will comply with applicable building codes, pool safety regulations, and industry standards to reduce risk of accidental entry to the pool area.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment and supervision necessary to complete the pool barrier work as described below and in any attached specifications. The work shall include design, installation, adjustment, testing and commissioning of the barrier, and provision of as-built information where required.

Barrier options to be provided under this Agreement (check all that apply):

Perimeter fence
Self-closing self-latching gate(s)
Pool alarm system
Safety cover

PAYMENT TERMS

Total Contract Price: $ . The Contract Price includes materials, labor, and usual permits unless otherwise stated in the Scope of Work.

Final Payment Due Upon Completion and Acceptance: Owner shall pay the remaining balance within days of Contractor’s written notice of completion and Owner’s inspection/acceptance testing.

Late Payment: Any unpaid amount not paid when due shall accrue interest at the rate of % per month (or the maximum allowed by law), and Owner shall be responsible for reasonable collection costs and attorney fees incurred by Contractor.

TERM AND TERMINATION

Commencement of Work: Contractor shall commence work on or before and shall achieve substantial completion by , subject to adjustments for delays beyond Contractor’s control.

Termination for Cause: Either party may terminate this Agreement for material breach that is not cured within days after written notice. Upon termination for Owner’s breach, Contractor may retain payments for work performed and seek additional damages. Upon termination for Contractor’s breach, Owner may pursue remedies including completion by others and recovery of reasonable costs.

Termination for Convenience: Owner may terminate this Agreement for convenience upon days’ written notice to Contractor, subject to payment for work performed, materials purchased, and reasonable demobilization costs.

COMPLIANCE, INSPECTION, WARRANTIES

Compliance with Laws and Codes: Contractor shall perform all work in compliance with applicable building codes, pool safety statutes, local ordinances and manufacturer instructions. Contractor will obtain any permits required in Contractor’s scope unless otherwise agreed in writing.

Inspection and Acceptance: Upon completion, Contractor shall notify Owner in writing. Owner shall have a reasonable period, not less than days, to inspect and to provide written notice of any nonconforming work. Failure to timely provide such notice shall constitute acceptance.

Warranty: Contractor warrants that materials and workmanship furnished under this Agreement shall be free from substantial defects for a period of months from acceptance, except for defects arising from Owner’s misuse, modification by others, or ordinary wear. Remedies for breach of warranty shall be limited to repair or replacement at Contractor’s option.

INSURANCE AND INDEMNIFICATION

Insurance: Contractor shall maintain commercial general liability insurance and workers’ compensation as required by law and shall provide certificates of insurance upon request. Contractor shall name Owner as an additional insured with respect to liability arising from Contractor’s operations.

Indemnification: Contractor shall indemnify, defend and hold Owner harmless from and against claims, liabilities, losses and expenses (including reasonable attorney fees) to the extent caused by Contractor’s negligent acts or omissions in performance of the Work. Owner shall indemnify Contractor against claims arising from Owner’s negligence or willful misconduct.

CONFIDENTIALITY

Each party shall treat as confidential and shall not disclose to any third party non-public information provided by the other party in connection with the performance of this Agreement. Confidential information does not include information that is or becomes public through no fault of the receiving party, independently developed without use of confidential information, or required to be disclosed by law.

LIMITATION OF LIABILITY

Except for claims arising from willful misconduct or gross negligence, neither party shall be liable to the other for indirect, incidental, special or consequential damages, including loss of use, loss of business or loss of profits. Contractor’s aggregate liability for any claim arising out of this Agreement shall not exceed the total Contract Price paid by Owner.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement, including any attached exhibits and the Scope of Work, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, negotiations and agreements, whether written or oral. Any modification or amendment must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

Assignment: Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Contractor may assign to a successor in interest in connection with a sale of substantially all of its assets.

Notices: All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as either party shall designate in writing.

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