Residential Service Terms

BlueSway Pools – Residential Service Terms & Conditions

By approving this quote, scheduling service, or allowing access to the pool area, you agree to the following:

A) Email & Text Message Consent (Service + Billing + Marketing)

You authorize BlueSway Pools ("BlueSway," "we," "us") to contact you at the email address(es) and phone number(s) you provide for:

Transactional / Service Communications: invoices, receipts, payment notices, confirmations, scheduling/arrival updates, service reports, and important account or safety updates.

Marketing Communications (where permitted by law): seasonal promotions, service reminders, upgrade recommendations, and pool care tips.

Text/SMS terms: Message and data rates may apply. Message frequency varies. Reply STOP to opt out of marketing texts. Reply HELP for help. Email marketing can be stopped using the Unsubscribe link. Opting out of marketing does not stop transactional messages required for service and billing.

B) Photo / Video Release for Documentation + Marketing (No PII)

You authorize BlueSway to take photos/videos of your pool, equipment area, and related work for service documentation and for marketing use (website, social media, ads, print). We will make reasonable efforts to ensure marketing images do not include personally identifiable information (faces, names, license plates, street numbers, mailbox numbers, visible documents). If captured inadvertently, we will make reasonable efforts to crop/blur/exclude it.

Marketing opt-out: You may opt out of marketing use of future photos/videos by written notice (email or text is acceptable). Opting out does not affect documentation photos/videos used for service records or dispute resolution.

1. Scope of Work (What’s Included)

Services will be performed only as listed on the approved quote (the “Services”). Any work not listed is excluded unless added in writing (a “Change Order”). We provide pool cleaning, maintenance, water testing/adjustments, and related pool care services—not general construction, remodeling, leak repair, electrical repair, plumbing repair, or engineering.

2. Scheduling, Access & Service Windows

You agree to provide safe, unobstructed access (gate unlocked, pets secured, alarms disabled, gate codes current).

We may adjust service day due to weather, emergencies, equipment failure, traffic, supply availability, or route optimization.

If we cannot access the pool/equipment area, the visit may be treated as a completed service call and/or a trip fee may apply.

3. Pool Owner Responsibilities

You are responsible for:

Maintaining a functional pool system and adequate water level.

Notifying us of known issues (leaks, broken equipment, unsafe wiring, loose decking, aggressive pets, etc.).

Keeping the area clear of hazards and maintaining required child safety barriers.

4. Chemicals, Water Testing, Equipment Readings & Results

We will test and balance water based on conditions at the time of service; however, water chemistry is dynamic and can change rapidly due to rain, heat, bather load, landscaping runoff, pets/wildlife, fertilizer, fill water, and equipment performance.

Unless the quote states “all chemicals included,” chemical additions may be billed as quoted or at standard rates.

Stains, algae, cloudiness, metals, phosphates, high CYA, salt level issues, and discoloration may require additional treatments and/or multiple visits.

Testing/monitoring components are subject to normal wear and tear and may give inaccurate readings or fail over time, including but not limited to: pressure gauges, thermometers, salt/ORP/pH probes, flow switches, check valves, o-rings, lids, unions, and small fittings. If a reading device is not functioning properly (example: a stuck or failed pressure gauge), we may rely on alternate indicators (visual flow, return pressure feel, pump behavior, clarity, filter condition) and/or recommend replacement.

We are not responsible for outcomes caused by factors outside our control, including weather events, power outages, irrigation overspray, broken or aging equipment, hidden leaks, poor circulation, or normal equipment drift.

5. Wear & Tear, Consumables & Aging Equipment

Pools operate in harsh Florida conditions (sun, heat, rain, salt exposure, chemicals). You acknowledge that normal wear and tear, corrosion, scaling, and aging may cause parts to degrade or fail without warning. BlueSway is not responsible for failure of aging or worn components, including but not limited to: pressure gauges, valves, multiport handles, backwash lines, pump lids/baskets, skimmer components, drain covers, salt cells, sensors/probes, heaters, filter grids/cartridges, o-rings, unions, timers, and brittle plumbing.

If we observe signs of deterioration, we may document and recommend repair/replacement. Replacement parts, repairs, and labor are not included unless quoted.

6. Pre-Existing Conditions & Hidden Defects

We are not responsible for pre-existing or hidden issues, including but not limited to:

Cracked/aged plaster, delamination, scale, etching, staining, rust, loose tiles/coping, failing grout

Leaks, underground plumbing issues, suction/return failures

Electrical problems, improper grounding/bonding, unsafe installations

Failing pumps, filters, heaters, salt systems, automation, lights, timers, valves, cleaners

If we notice concerns, we may document them and recommend repair or referral.

7. Equipment Operation Authorization

If needed to perform Services, you authorize us to operate normal pool equipment controls in a reasonable manner. We will not modify wiring or perform repairs unless specifically quoted. Older/brittle components may fail when operated normally; such failures are considered wear-and-tear unless caused by BlueSway’s negligence.

8. Photos, Documentation & Digital Reports

We may take service photos for documentation, quality assurance, and your digital service report. (See Photo/Video Release above.)

9. Safety & Right to Refuse Service

We may pause/refuse service if unsafe conditions exist (aggressive animals, exposed electrical, unstable decking, biohazards, lightning/storms). A trip fee may apply if we arrive and cannot safely work.

10. Quote Validity, Changes & Price Adjustments

Quotes are valid for 30 days unless stated otherwise. Pricing may change if pool condition differs materially from what was disclosed/observed, access issues exist, the scope changes, or supply costs change unexpectedly.

11. Payment Terms & Late Fees

Payment terms are as stated on the quote/invoice. Any balance not paid by the due date is past due. Past-due balances may be assessed a late charge/finance charge of 1.5% per month (18% annually) (or the maximum permitted by law, whichever is less), calculated on the unpaid balance from the due date until paid in full.

If your account is past due, BlueSway may suspend service immediately and will not perform additional service visits until the account is brought current (including any late charges and returned-payment fees). Missed visits due to nonpayment are not guaranteed to be made up and may require an additional catch-up visit or recovery service if water conditions deteriorate.

If any check or other payment instrument is returned unpaid (NSF/returned payment), you agree to pay a returned-payment service charge as permitted by Florida law (currently, under Fla. Stat. §68.065, the greater of: $25 if face value ≤ $50; $30 if $50.01–$300; $40 if > $300; or 5% of the face amount), plus any bank/processing fees charged to BlueSway.

After a returned payment, BlueSway may require future payments to be made by credit/debit card, ACH, cash, or cashier’s check.

12. Cancellations, Pauses & Rescheduling

One-time services canceled within 24 hours may be subject to a cancellation fee. Restarting after extended pauses may require a catch-up visit if water quality deteriorates.

13. LIMITATION OF LIABILITY

To the fullest extent permitted by Florida law:

A. No Consequential Damages. BlueSway will not be liable for indirect, incidental, special, consequential, or punitive damages.

B. Cap on Liability. BlueSway’s total liability for any claim related to the Services is limited to the amount actually paid to BlueSway for the specific service visit or month in which the claim arose, whichever is less.

C. Exception (Negligence Carve-Out). Nothing in these Terms limits liability to the extent caused by BlueSway’s gross negligence or willful misconduct.

D. No Guarantee of Perfect Results. We do not guarantee stain removal, complete algae prevention, or permanent clarity due to variables outside our control.

14. Indemnification

You agree to indemnify and hold harmless BlueSway from claims arising from unsafe property conditions, undisclosed hazards, code violations unrelated to our work, equipment failures not caused by us, or instructions you request that conflict with best practices—except to the extent caused by BlueSway’s gross negligence or willful misconduct.

15. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to the Services, these Terms, or the breach thereof shall be resolved first through good faith negotiation. If unresolved, the parties agree to submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This clause does not preclude BlueSway from seeking injunctive or equitable relief for urgent matters in a court of competent jurisdiction.

15. Attorney’s Fees

In any action or proceeding to enforce these Terms or recover payment, the prevailing party shall be entitled to recover reasonable attorney’s fees, costs, and expenses, including those incurred in collection, arbitration, or appeal.

16. Force Majeure

BlueSway shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, severe weather, flooding, hurricanes, power outages, pandemics, labor shortages, supply disruptions, or governmental orders.

17. Electronic Consent

Approval of any quote, estimate or terms via digital signature, typed name, text message, email, quote acceptance, estimate acceptance or online checkbox constitutes valid and binding consent under the Florida Uniform Electronic Transaction Act (UETA) and federal E-SIGN Act.

18. No Warranty

Except as expressly stated in writing, BlueSway disclaims all warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Services are provided on an “as-is” basis to the extent permitted by law.

19. Licensing & Insurance

BlueSway is properly licensed and insured as required for residential pool service work in Florida. However, this does not imply responsibility for work outside the stated scope or that performed by third parties or vendors not contracted by BlueSway.

20. Third-Party Services

If BlueSway refers you to or coordinates with third-party service providers, such providers are independent contractors and not agents or employees of BlueSway. BlueSway is not responsible for their actions, omissions, or workmanship unless explicitly stated in a signed quote or service agreement.

21. Records

BlueSway may retain service photos, chemical logs, and digital records for internal quality control, training, and dispute resolution. These may not be shared unless required by law or at BlueSway’s discretion.

22. Privacy

BlueSway collects and stores customer information only as necessary to provide services and communicate with you. We do not sell customer data. We implement reasonable safeguards to protect your personal information consistent with applicable Florida and federal law.

23. Governing Law & Venue

Florida law governs. Venue is Pasco County, Florida unless otherwise required.

24. Entire Agreement & Severability

These Terms plus the approved quote/invoice are the entire agreement. If any part is unenforceable, the remainder remains in effect.

Approval Acknowledgment: By approving this quote, estimate and/or allowing service access, you confirm you are authorized to approve Services and agree to these Terms.