Pool Safety Compliance Agreement

POOL SAFETY COMPLIANCE AGREEMENT

This Pool Safety Compliance Agreement (Agreement) is entered into as of Effective Date: by and between Owner Name: with Address: (hereinafter "Owner"), and Compliance Provider Name: with Address: (hereinafter "Provider"). Owner and Provider are each a Party and together the Parties.

RECITALS

WHEREAS, Owner owns, operates, or controls the swimming pool, spa, and associated pool area located at the property identified above (Pool); and

WHEREAS, Provider is engaged in the business of pool safety inspection, compliance consulting, and installation oversight and represents that it has the experience, personnel, and insurance to perform the duties set forth herein; and

WHEREAS, the Parties desire to establish responsibilities, inspection schedules, reporting procedures, and remedial actions to ensure the Pool complies with applicable safety standards and to allocate risk and cost associated with required repairs.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties agree as follows:

1. DEFINITIONS

a) "Compliance Standards" means the pool safety requirements applicable to the Pool, including barrier and gate requirements, lifesaving equipment, signage, alarms, anti-entrapment drain systems, and any local code sections designated by the Parties. Applicable code reference(s):

b) "Inspection Report" means a written document prepared by Provider recording observations, test results, corrective actions required, and timeframes for remediation.

2. SCOPE OF SERVICES

Provider shall perform periodic inspections, testing of safety devices, preparation of Inspection Reports, and coordination of required corrective measures to achieve and maintain compliance with Compliance Standards. Services shall include, at minimum, the following checked items and any additional tasks agreed in writing:

Barrier and gate inspection Alarm testing Signage and marking verification Lifesaving equipment inspection

Additional services or special inspections (describe):

3. COMPLIANCE STANDARDS; PERFORMANCE

Provider shall perform all services in a professional manner consistent with industry standards for pool safety compliance and shall use qualified personnel. Provider's obligations include identifying non-compliant conditions and recommending corrective measures required to meet Compliance Standards.

If Provider determines that the Pool poses an immediate hazard to health or life, Provider shall notify Owner immediately and may, at Owner's direction or where necessary to prevent imminent harm, secure the area, disable equipment, or take other reasonable measures to mitigate risk. Provider will document such actions in the Inspection Report.

4. INSPECTIONS, REPORTING AND ACCESS

Inspections shall be conducted with the following frequency: . Provider shall deliver a written Inspection Report to Owner within business days after each inspection.

Owner shall permit Provider reasonable access to the Pool and related facilities during normal business hours and for emergency response; Owner will designate an on-site contact for access: Phone:

5. OWNER OBLIGATIONS

Owner shall promptly undertake corrective measures for items identified as non-compliant. For non-emergency corrections, Owner shall commence repairs within days of receipt of the Inspection Report and shall complete repairs within a commercially reasonable period thereafter. Owner shall not remove, disable, or alter any safety device required by Compliance Standards without prior written consent of Provider.

6. PROVIDER OBLIGATIONS

Provider shall (i) perform inspections and testing in accordance with industry practices; (ii) maintain records of inspections and test results for a period of years; and (iii) provide training or instruction to Owner personnel upon request for an additional fee agreed in writing.

Provider certifies that it carries personnel with appropriate training and, where required, holds current certifications: Certification/License No.:

7. SAFETY DEVICES, REPAIRS AND COSTS

Routine maintenance items shall be the responsibility of Owner. Repairs determined by Provider to be required to meet Compliance Standards shall be performed as follows: Repairs that are not routine shall be billed to: . Provider shall obtain Owner's prior written authorization before undertaking repairs estimated to exceed $ .

8. RECORDKEEPING AND ACCESS TO RECORDS

Provider shall maintain records of inspections, test results, corrective actions, and invoices. Location of records and custody:

9. INDEMNIFICATION

Each Party (Indemnifying Party) shall indemnify, defend and hold harmless the other Party (Indemnified Party), its officers, directors, employees and agents from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of the Indemnifying Party's negligent acts or omissions, willful misconduct, or material breach of this Agreement. This indemnity obligation shall survive termination of this Agreement.

10. INSURANCE

Provider shall maintain, at its expense, commercial general liability insurance with a minimum combined single limit of $ per occurrence and workers' compensation coverage as required by law. Provider shall furnish certificates of insurance upon Owner's request.

11. LIMITATION OF LIABILITY

Except for liability arising from gross negligence or willful misconduct, neither Party shall be liable to the other for incidental, consequential, special or punitive damages, including loss of use, loss of business, or loss of profits. The Parties acknowledge that this allocation of risk is reflected in the compensation payable under this Agreement.

12. TERM AND TERMINATION

The term of this Agreement shall commence on the Effective Date and continue for a period of months, and shall renew automatically for successive terms of the same duration unless either Party provides written notice of non-renewal at least days prior to the expiration of the then-current term. Either Party may terminate this Agreement for cause upon written notice if the other Party materially breaches and fails to cure within days after receipt of notice specifying the breach.

13. FEES; PAYMENT

Owner shall pay Provider the fees set forth below and any additional agreed charges for authorized repairs or special services. Inspection fee per inspection: $ . Additional hourly rates or unit charges:

Invoices are due within days unless otherwise agreed in writing. Late payments accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

14. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses below by hand delivery, nationally recognized courier, or certified mail, return receipt requested, or by electronic means with confirmation of receipt.

15. AMENDMENTS; WAIVER

This Agreement may be amended only by a written instrument executed by both Parties. No waiver of any provision shall be effective unless in writing and signed by the waiving Party. A waiver of any breach shall not operate or be construed as a waiver of any subsequent breach.

16. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by electronic means shall be binding.

17. GOVERNING LAW

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

18. ENTIRE AGREEMENT; SEVERABILITY

This Agreement, together with any written exhibits or amendments executed by the Parties, constitutes the entire agreement between the Parties concerning its subject matter and supersedes all prior agreements and understandings. If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect and the invalid or unenforceable provision shall be reformed only to the extent necessary to make it enforceable.

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