These Terms of Service (“TOS”), either as amended from time to time by American Pro Solutions, LLC, a New Jersey Limited Liability Company, DBA American Pro Pool Solutions its subsidiaries, affiliates, predecessors, successors and assigns (“American Pro Pool Solutions”, “American Pro” “us”, “we”, and/or “our”), between you (“Client,” “you” and/or “your”) and American Pro Pool Solutions, sets forth the terms applicable to your purchase and/or use of our products and services (collectively, the “Services”). You and American Pro Pool Solutions together may be referred to herein as the “Parties” and each may be referred to herein as a “Party.” This TOS explains our obligations to you, and your obligations to us in relation to any Services you purchase or otherwise utilize.  These TOS apply to our provision of residential pool maintenance services only.

1) Legally Binding Agreement

By approving, agreeing, or signing a contract with American Pro Pool Solutions, you are signing a legally binding contract for work to be completed at an agreed-upon price. In the event that you break this contract, all deposits made to the company shall be surrendered as damages. Deposits are non-refundable unless otherwise agreed upon in writing by American Pro Pool Solutions.

2) Product Warranties

All warranties are limited to those offered by the manufacturers of the products used. American Pro Pool Solutions makes no additional warranties. If you ever have a concern regarding our work, American Pro Pool Solutions should be notified immediately.

3) Water Usage

By signing this agreement, you agree to provide American Pro Pool Solutions the right to use an onsite water supply as needed to complete the stated project without compensation. If an exterior water supply is required, it will be at an additional charge. It is the customer’s responsibility to make sure the water supply is on and in working order before we arrive. Additional charges will be applied if water is not available.

4) Electrical Usage

By signing this agreement, you agree to provide American Pro Pool Solutions the right to use an onsite source of electricity as needed to complete the stated project without compensation. If an exterior source is required, it will be at an additional charge.

5) Courtesy

While American Pro is on-site and performing work on your property, you are responsible for ensuring that all children, pets, and other individuals remain at a safe distance from the work area. Additionally, all pet waste must be removed from both the work area and its surroundings before service begins. This helps maintain a safe and efficient work environment for our team.

6) Payments

Payments to American Pro Pool Solutions are due as per the contract schedule and are to be paid by check, cash, or credit card. Credit card payments are subject to a 3% processing fee. All balances are ALWAYS due upon completion of the job. Any variance to this policy must be agreed upon and in writing on our contract. Late charges will be immediately assessed on all balances not paid in accordance with contract terms. The customer agrees to pay any collection cost incurred by American Pro Pool Solutions related to the collection process of outstanding balances.

7) Scheduling

Scheduling in a business which productivity relies upon the weather can be difficult. Inclement weather may affect scheduling. We try our best to keep scheduling conflicts to a minimum, however, circumstances that are beyond our control may affect your project start and completion dates. You will be notified of any changes.

8) Removal & Replacement of Deck Contents

Removal and replacement of grills, deck furniture, planters, and any other items are the responsibility of the homeowner. Should we need to remove items from the deck, we will not be responsible for any damage, breakage, or storage issues. An additional charge may be applied for the time and labor devoted to the removal of these items.

9) Damages & Limitation of Liability

American Pro Pool Solutions is not responsible for damages resulting from pre-existing conditions, including but not limited to improperly installed siding, loose shingles or siding, broken or unsealed windows, deteriorating caulking, wood rot, defective construction, unsecured wires, or improperly installed gutters and downspouts. Additionally, American Pro Pool Solutions shall not be held liable for any indirect, incidental, or consequential damages, including but not limited to lost property value or aesthetic inconsistencies arising from the cleaning process.

10) Deck Stains

Some stains cannot be removed by power washing. Tree sap, artillery fungus, splatters from stains, and paints are examples of materials that cannot be removed by conventional means. We make every attempt to point these areas out to the customer when quoting the project. Sometimes these stains cannot be removed at all. American Pro Pool Solutions cannot guarantee removal of artillery fungus from exterior house surfaces.

11) Watertight

American Pro Pool Solutions expects your property to be in good repair and weathertight. This includes, but is not limited to, all electrical services including receptacles and light fixtures. Doors and windows shall also be weathertight. American Pro Pool Solutions is not responsible for damages as a result of water infiltration from poor or improper installation, maintenance, or repair of electrical-related items, doors, or windows.

12) Concrete

The appearance of concrete depends on several factors, most linked to when the concrete was initially poured and cured. When concrete with dirt, mold, mildew, algae, and other pollutants and stains is cleaned, the concrete will reveal any and all imperfections that the pollutants and stains have covered up. The customer understands that not all concrete will look the same even on the same driveway, patio, sidewalk, or concrete slab.

13) Paver Cleaning No Guarantee

Due to variances in paver type, age, surface conditions, sealant, exposure, installation, and other factors, the results of each paver restoration service may vary. While American Pro Pool Solutions strives for 100% customer satisfaction, American Pro Pool Solutions makes no warranty or guarantee regarding the ability to remove or reduce any stains, blemishes, stripping, or other markings.

14) Oversized Load Transportation

Delivery prices are subject to change at any time due to Federal, State, County, and/or Municipal regulations. We reserve the right to adjust pricing in compliance with any new or updated laws, fees, or other regulatory requirements. The American Pro Pool Solutions Transport Team will provide updates as they are received from Federal, State, County, and/or Municipal governments. Pools that are not unloaded within one hour of arrival will be subject to a demurrage charge of $150.00 per hour.

15) Customer Agreement for Photos

By signing this agreement, the customer grants American Pro Pool Solutions permission to take before and after photos of the work performed. These photos may be used for documentation, marketing, and promotional purposes. If a customer wishes to opt out of photo use, they must provide a written request prior to the start of work.

16) Additional Cost Services

American Pro will make every reasonable effort to maintain your pool in a safe and healthy manner. However, certain services fall outside the normal scope of work and may incur additional costs. These include, but are not limited to:

• Chemical surcharges due to un-repaired leaks in the pool.

• Phosphate or black algae treatments.

• Draining pools to lower Total Dissolved Solids (TDS) residuals.

• Storm or special clean-up events.

• Clean-up of broken glass and fecal incidents.

• Significant water level adjustments or excessive draining due to a non-functioning overflow system.

• Additional visits required due to excessive bather loads, as defined by permit.

• Cleaning caused by excessive debris from pressure washing, landscaping, or other property maintenance.

• Labor-intensive start-up procedures following pool resurfacing, including excessive chemical usage.

• Use of additional chemical and mineral agents such as coagulants, algaecides, sequestering or chelating agents, and flocculants to maintain water clarity and balance.

• Extra cleaning due to equipment malfunctions, replacements, or maintenance-related downtime.

• Submission of permits required for equipment replacements.

If the client assumes partial or full responsibility for pool maintenance, additional charges may apply for supervisory visits and necessary maintenance to ensure compliance with service standards.

At American Pro Pool Solutions we are committed to providing the highest quality service and clear communication. We encourage customers to reach out with any questions or concerns as we work together to achieve the best possible results.