Pool Protection Device Agreement

POOL PROTECTION DEVICE AGREEMENT

This Pool Protection Device Agreement (Agreement) is entered into as of by and between Client Name: (Owner) and Provider Name: (Provider).

RECITALS

WHEREAS, Owner maintains a swimming pool located at Installation Address: and desires installation, supply, and/or maintenance of pool protection devices to reduce the risk of drowning or unauthorized pool access; and

WHEREAS, Provider is engaged in the business of supplying, installing, inspecting, and maintaining pool protection devices and warrants the capacity to perform such services in accordance with applicable safety standards and local building codes; and

WHEREAS, the parties desire to set forth the terms and conditions under which Provider will supply, install, and, if elected, maintain the pool protection device(s) described below.

SCOPE OF WORK

Devices to be provided (check applicable): Automatic Pool Cover Pool Alarm Safety Fence/Gate Door/Window Locks

PAYMENT TERMS

Total Contract Price: $

Late Payment: If Owner fails to pay any undisputed amount when due, interest shall accrue from the due date at the lesser of 1.5% per month or the maximum rate permitted by law, plus Provider's costs of collection, including reasonable attorneys' fees.

TERM AND TERMINATION

Term Commencement Date: . Termination Date (if applicable): .

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within days after written notice. Owner may terminate for convenience upon providing days' written notice, subject to payment for work performed and materials ordered.

CONFIDENTIALITY

Each party agrees that all non-public information disclosed by the other party in connection with this Agreement, including pricing, system designs, device specifications, and Owner's access arrangements, shall be treated as confidential and used solely for performance under this Agreement. Confidential information does not include information that is or becomes public through no fault of the receiving party, is rightfully received from a third party without restriction, or is independently developed without use of the disclosing party's confidential information. Recipient shall use no less than reasonable care to protect disclosed confidential information.

ASSIGNMENT, INSURANCE, AND INDEMNITY

Provider shall maintain, at Provider's expense, commercial general liability insurance and, where applicable, workers' compensation and professional liability coverage adequate for the work contemplated. Provider agrees to indemnify and hold Owner harmless from claims arising out of Provider's negligent performance, wilful misconduct, or breach of this Agreement, except to the extent caused by Owner's negligence.

COMPLIANCE WITH LAWS AND STANDARDS

Provider shall perform all work in compliance with applicable building codes, safety standards, and manufacturer installation instructions. Provider shall obtain any required permits and inspections unless otherwise agreed in writing; costs for permits shall be borne by .

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. Venue for any dispute arising under this Agreement shall be in the state or federal courts located in the chosen state, and the parties submit to personal jurisdiction therein.

ENTIRE AGREEMENT

This Agreement, including any exhibits or addenda signed by the parties, constitutes the entire agreement between Owner and Provider with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

WARRANTY AND MAINTENANCE (IF APPLICABLE)

Provider warrants that devices and workmanship furnished under this Agreement will conform to the agreed specifications and will be free from material defects for a period of from acceptance. Provider's sole obligation under this warranty shall be, at Provider's option, repair or replacement of defective components. Routine maintenance services, if elected, shall be provided under separate maintenance schedule defined herein or in a maintenance addendum.

Notices required under this Agreement shall be in writing and delivered to the addresses set forth below or such other addresses as the parties may designate in writing.

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