Pool Package Service Contract

POOL PACKAGE SERVICE CONTRACT

This Pool Package Service Contract (the "Agreement") is entered into on by and between the following parties:

Service Provider

Client

RECITALS

WHEREAS, Service Provider is engaged in the business of providing routine pool maintenance, chemical balancing, and related services and has represented that it possesses the skill, personnel, and equipment necessary to provide such services; and

WHEREAS, Client desires to retain Service Provider to perform pool maintenance services at the Service Address under the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

SCOPE OF WORK

Service Provider will perform the pool services described below at the Service Address during the Term of this Agreement. The following package services are included unless otherwise excluded:

PAYMENT TERMS

Client shall pay Service Provider for the services rendered under this Agreement as follows.

TERM AND TERMINATION

This Agreement commences on and continues until unless terminated earlier in accordance with this Agreement.

Either party may terminate this Agreement for convenience upon written notice to the other party at least days prior to the intended termination date. Termination for material breach is effective immediately if the breaching party fails to cure within 15 days of written notice.

CONFIDENTIALITY

Each party acknowledges that during performance of this Agreement it may obtain confidential information of the other party. Each party agrees to hold such information in confidence and not to disclose it to third parties except as required by law or with the prior written consent of the disclosing party. Confidential information does not include information that is or becomes publicly known through no breach of this Agreement.

INSURANCE, LIABILITY AND INDEMNIFICATION

Service Provider shall maintain general liability insurance covering its operations. Service Provider is not responsible for pre-existing defects in pool structures or equipment not caused by Service Provider's negligent acts. Client shall indemnify and hold harmless Service Provider from and against any claims, damages, or losses arising from Client's failure to disclose conditions known to Client that materially affect safe performance of the work.

EQUIPMENT, PARTS AND REPLACEMENTS

Replacement parts and major repairs are not included in the package fee unless expressly stated. Service Provider will obtain Client approval for any repair or replacement estimated to exceed prior to proceeding.

ACCESS AND SCHEDULING

Service Provider will make reasonable efforts to adhere to the agreed schedule. Client agrees to provide reasonable access. Missed service due to Client unavailability may be billed at the regular service rate.

GOVERNING LAW; ENTIRE AGREEMENT

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

This Agreement, including any attachments and change orders executed in writing by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written.

MISCELLANEOUS

No assignment of this Agreement is permitted without the prior written consent of the other party, except that Service Provider may subcontract services provided that Service Provider remains responsible for the subcontractor's performance. Any amendments to this Agreement must be in writing and signed by both parties.

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