Terms of Service

IMPORTANT NOTICE: THESE TERMS CONTAIN A CLASS ACTION WAIVER. PLEASE REVIEW CAREFULLY BEFORE PURCHASING SERVICES.

GENERAL

These Terms of Service (“TOS”) are entered into by and between Palmway Pools & Spas (“Palmway Pools,” “we,” “us,” or “our”) and you, the client (“Client,” “you,” or “your”). These Terms of Service (TOS) govern the purchase and use of our pool and hot tub maintenance and related services (collectively, the “Services”). By signing up for our Services, you acknowledge and agree to these terms, along with any other applicable service agreements or policies provided.

We reserve the right to modify these TOS at any time by posting updates on our website. Your continued use of our Services constitutes acceptance of any changes.

NOTICE AND COMMUNICATIONS

We may contact you via email, phone, text/SMS, or direct mail using the information you provide. Notices may include billing information, appointment reminders, or service updates. You may opt out of non-service-related communications at any time.

By providing your phone number, you consent to receive helpful text messages such as service updates and job completion notifications. Message frequency may vary. Message and data rates may apply. Text STOP at any time to unsubscribe.

FIRST SERVICE – INITIAL ASSESSMENT

  • Hot Tubs: For new hot tub clients, we will drain, clean, and refill the hot tub during the first service. This is essential to establish a baseline for proper maintenance moving forward.
  • Pools: It is assumed that pools are in operable condition with balanced chemical levels at the start of service. If the water is unbalanced or the equipment is not functioning properly, additional charges may apply to bring the pool to a serviceable condition.

COLD WEATHER POLICY (PA ONLY)

In Pennsylvania, it is the client’s responsibility to ensure that an accessible, functional spigot is available year-round to facilitate draining and refilling the hot tub. If our technician arrives and the spigot is frozen, we will attempt to perform chemical-only maintenance. However, if a full drain and fill or water addition is required, an additional service fee will apply for a return visit once the spigot is functional.

WINTER ACCESS RESPONSIBILITY (PA ONLY)

During the winter months in Pennsylvania, it is the client’s responsibility to ensure safe, clear access to the pool or hot tub area. If pathways, stairs, or driveways are covered in ice or snow and are deemed unsafe for our technicians, the service will be skipped for that visit, but the visit will still be billed. Technicians will resume normal service once access is safe and conditions permit.

ADDITIONAL COST SERVICES

Additional fees may apply for services beyond the scope of standard maintenance, including but not limited to:

  • Chemical surcharges due to leaks
  • Algae or phosphate treatments
  • Slow Fill Fee: For hot tub drain and fill services, if the water flow rate from the property’s spigot is less than 5 gallons per minute, additional charges may apply due to the extended time and labor required
  • Storm debris clean-ups
  • Broken glass or biohazard clean-ups
  • High bather load recovery
  • Equipment failure or replacement cleanup
  • Specialty chemicals as required

PRE-AUTHORIZATION FOR MINOR REPAIRS

You authorize Palmway Pools to perform and bill for minor repairs (up to $99) without further approval. This includes replacements such as o-rings, pump lids, and gauges, in order to avoid larger future issues.

LIMITED WARRANTY AND DISCLAIMER

We commit to providing our Services in a professional and timely manner consistent with industry standards. Palmway Pools disclaims all warranties not expressly stated herein, including implied warranties of merchantability and fitness for a particular purpose.

LIMITATION OF LIABILITY; CLASS ACTION WAIVER

Our liability is limited to the amount paid by you to Palmway Pools within the six (6) months preceding any claim. We are not liable for indirect, incidental, or consequential damages. You agree to bring any claims solely on an individual basis and not as part of a class or representative action.

MODIFICATION TO TERMS

We may update these terms at any time. Your continued use of our Services after an update constitutes acceptance of the revised terms.

MISCELLANEOUS

  • Relationship: Independent contractor status applies to both parties.
  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the state in which the Services are performed. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located within that state.
  • Severability: If a provision is deemed invalid, the remainder will remain in effect.
  • Waiver: No waiver is binding unless in writing.
  • Entire Agreement: This TOS represents the full agreement.

Billing Schedule

For clients on a weekly cleaning schedule, billing occurs on the 1st of each month for the month ahead. Monthly rates are based on a 4-week billing cycle. If a month includes a 5th weekly service, the additional visit will be billed separately at a prorated rate (monthly rate ÷ 4).

For clients not on a weekly schedule, billing will occur on the day of each service.

One-time services and repairs are billed on the day work begins, with all charges applied to the credit or debit card on file. If a repair requires parts totaling over $500, a 50% deposit will be required prior to starting the work.

Safety Policy

We prioritize safety. If unsafe conditions are present at the property, Palmway Pools reserves the right to suspend or cancel service. Children and pets must be secured away from service areas.

Service Access Requirements

To ensure uninterrupted service, clients must provide clear, unobstructed access to the pool and hot tub areas on scheduled service days. We recommend using combination locks for convenience, and we are happy to supply one upon request. If a keyed lock is in use, it must be unlocked on service day, as our technicians do not carry keys. If entry is unavailable due to a locked gate, the visit will still be billed.

If weather conditions such as freezing temperatures make it unsafe to open equipment or turn off pumps, we will adjust service accordingly to prioritize equipment safety. Ice formation may prevent us from opening lids or completing certain tasks until conditions improve.

Weather Conditions

  • Freezing Temps: We may skip vacuuming or pump shutoff procedures to avoid damage. Our top priority is preserving your system’s operational integrity.
  • Rain: Service continues with necessary adjustments for visibility.
  • Lightning: Technicians will avoid use of poles and any actions that pose safety risks but will complete as many tasks as safely possible.

Pets on the Property

For everyone’s safety, please keep pets indoors or in separate enclosed areas during service. We are not responsible for lost or injured pets. If a pet is loose and presents a risk or prevents service from being completed, the visit will be skipped and still billed. Technicians are not permitted to handle pets. Exceptions may be made at the technician’s discretion for pets known to be friendly.

Equipment and Water Circulation Requirements

Proper filtration and circulation are essential. You must operate pool systems a minimum of 4–6 hours daily in winter and 12+ hours in warmer months. If equipment fails or circulation is inadequate, we cannot guarantee water quality or continue service. Additional charges apply for recovery efforts.

Filter Cleaning Schedule

Regular filter cleaning is required (typically every 3–6 months). Charges for this service are billed separately. Neglected filters can void warranties and reduce water quality.

For questions, contact us at info@palmwaypools.com.

Palmway Pools & Spas
 Your Trusted Partner for Pool & Hot Tub Care