UPDATED November 28, 2024

“CUSTOMER” is name provided on invoices.

Pool Service Company is Four Fletched Arrows LLC DBA Off The Deep End Pools Texas, hereinafter “COMPANY”, 8000 Research Forest Drive, Suite 115-156, The Woodlands, TX 77382

These Terms of Service (“TOS”), either as amended from time to time by Four Fletched Arrows LLD DBA Off The Deep End Pools Texas, a limited liability company, its subsidiaries, affiliates, predecessors, successors and assigns (“Off The Deep End Pools Texas,” “COMPANY”, “our”, “us”), between you (“CUSTOMER”, “you”) and Off The Deep End Pools Texas, sets forth the terms applicable to your purchase and/or use of our products and services (collectively, the “Services”). COMPANY and CUSTOMER 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.

By signing up for our products and/or services, you acknowledge that you have read, understand, and agree to be bound by this TOS, as well as all other applicable rules or policies, terms and conditions, or service agreements that are or may be established by us from time to time and are incorporated herein by reference. You may also elect to purchase additional Services or products from us, our partners and/or other third parties, which may have their own service agreements or other related terms and conditions, and it is your obligation to review, accept, and abide by those service agreements or other related terms and conditions.

These Terms of Service may be updated from time to time by posting on the website.

COMPANY reserves the right to modify the terms and conditions of this Terms of Service or company/business policies relating to the Services at any time, effective upon posting of an updated version of this TOS on the website. Therefore, it is important to check the last updated date posted at the top of this TOS each time you visit the website or use any of the Services to ensure you are familiar with our most updated terms. You are responsible for regularly reviewing this TOS available at all times on this website. Continued use of the Services after any such changes shall constitute your consent to such changes.

SECTION 1: Frequency of Service

The frequency of service to be provided by COMPANY is a minimum once weekly.

These service package options may require the CUSTOMER to maintain the pool/spa in between visits. Failure to perform standard tasks including but not limited to maintaining appropriate water levels and removing debris from skimmers and/or vacuum may result in unbalanced chemistry and increased cost to CUSTOMER.

CUSTOMER may increase frequency of visits per week by notifying COMPANY one week in advance of requested increase in visits.  CUSTOMER may not decrease the frequency of visits below weekly.

All services require CUSTOMER to maintain proper water levels in pool. If water levels are not adequate and below skimmers, COMPANY may result in service being skipped and no credit will be due to CUSTOMER.

Additional time spent to maintain pool/spa beyond the standard service may result in additional charges billed at the service rate of $75.00 per hour.

Your weekly service will be on a regularly scheduled day of the week and this day of the week will be chosen by COMPANY. CUSTOMER’s scheduled day of the week is subject to change with notice as COMPANY is continually making routes more efficient while maintaining excellent customer service and maintenance to your pool. Service times will not be given as we cannot guarantee the time required for maintenance needed for weekly service pools, repairs, or add-on services scheduled each week for other customers.

CUSTOMER is responsible for making the pool area accessible for COMPANY technicians, including but not limited to making sure entry gates are unlocked prior to 7:00am, property construction, or locked safety gates.  We will do our best to reschedule services missed due to inability to access the property, but rescheduling is not guaranteed and may be missed and CUSTOMER is not entitled to a credit. CUSTOMER must ensure COMPANY has access to the service area on the scheduled service day, including: gate entry codes, lock combinations, security guard verification, and pets relocated from pool/spa area. If COMPANY is unable to access the service area for any reason, services will not be performed that week and CUSTOMER is not be entitled to a credit.

COMPANY will not remove safety nets and is not liable for unlocked safety gates surrounding pools and/or spas and/or unlocked yard gates.

In the event your service falls on a holiday, service will be rescheduled. Weekly service may be rescheduled 1-2 days before or after typical day of weekly service depending on the holiday date/day of week.

In the event of rain or severe weather on your service day, the pool/spa will be serviced to the extent the weather permits and chemicals will be added. If partial services are rendered due to weather, service will not be rescheduled.

In the event that you believe that a service call was missed for reasons other than those stated above, please contact COMPANY within 24 hours, and the call will be made up.

To provide and maintain an enjoyable working environment for employees, COMPANY will recognize the following holidays throughout the year whereby the business operations will be closed:  Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Day After Thanksgiving. Weekly service schedules will be altered during holiday weeks and may occur 1-2 days before or after your regularly scheduled service day.

COMPANY will be shutdown for one week around Christmas and New Year’s Day each year. COMPANY will announce these dates in December each year by email to weekly service CUSTOMERS. No service will be provided during this shutdown, and this week off is factored into service package pricing so no credit is due to CUSTOMER.

SECTION 2: Service Packages

Pricing for weekly service packages are based on the size of pool and estimated time of maintenance required per visit.  Pricing has been discussed with CUSTOMER based on these needs prior to starting weekly pool service. Pricing is subject to change and CUSTOMER will be notified in writing of any pricing or billing changes. SEE SECTION 3 for invoicing, billing, and payment information.

Packages chosen and corresponding pricing will be discussed with CUSTOMER prior to beginning service and the agreed upon pricing and package will be located on CUSTOMER’s invoice.

LOW DIVE PACKAGE includes:

1. Testing water balance.

2. Chemicals needed to correct and/or maintain appropriate water balance.

3. Cleaning out skimmers, pump basket, automatic cleaner/vacuum bag, and removal of debris from premises.

4. Skimming debris off top of water

5. Brushing walls & flat surfaces such as wet decks/stairs/seating. The bottom of the pool will not be brushed.

6. Algaecide treatments spring, summer, fall as needed and deemed necessary by COMPANY technicians without any additional charge to CUSTOMER. Algaecide treatments will not be applied during winter months (November through February) at the cost of COMPANY.

7. Removal of debris from spa if applicable.

8. Weekly emailed report

*Please note this package does not include vacuuming or removal of debris from the bottom of the pool, and is reliant on you andyour cleaner/vacuum to collect/remove debris from the bottom of the pool.

 *Add-on vacuum service is available as needed for CUSTOMERS who choose our LOW DIVE PACKAGE. Please contact our office 1-day in advance to have this service added to the schedule.

HIGH DIVE PACKAGE includes:

1. Everything in Low Dive Package

2. Vacuuming included each week

CUSTOMER may change packages at the end of each billing cycle. Package change requests are required 7 days prior to the end of the billing cycle. Package changes from the LOW DIVE PACKAGE to the HIGH DIVE PACKAGE may be recommended or required during times of year when foliage is falling to maintain proper water balance. If CUSTOMER chooses not to follow COMPANY package recommendations, CUSTOMER is responsible for any additional treatments needed to maintain the pool and/or spa, including but not limited to phosphate remover treatments or additional filter cleanings needed.

Items/services NOT included in weekly service packages:

1. Maintaining pool and spa water levels. Your emailed report may indicate water is needed to be added to your pool. This will need checked regularly by CUSTOMER. COMPANY requires water levels to be maintained well above the bottom of the skimmers to ensure adequate water flow through skimmers to equipment.

2. Cleaning and/or removal of scum, oil, or mineral deposits from the tile or pool finish.

3. Clean up from excess debris in pool due to acts of nature, acts of God, vandalism, natural disaster, or lawn maintenance.

4. Keeping all trees, plants and shrubs trimmed back from the pool.

5. Removal of safety nets or safety equipment.

6. Unlocking and/or re-locking safety gates or yard gate(s).

7. Filter cleanings.

8. Parts or labor for repairs.

9. Specialty chemicals including but not limited to stain and scale remover, phosphate remover, conditioner, and oil enzymes.

SECTION 3: Chemicals

Chemicals are added each service visit from COMPANY’s inventory.  Weekly service includes maintenance of chlorine, salt, pH, and alkalinity. COMPANY is not responsible for the performance of any chemicals not from company inventory. If CUSTOMER adds any chemicals to their pool, they must notify COMPANY immediately.

SECTION 4: Other Maintenance and Repairs

Authorizations that are essential to the operation of the pool must be made as quickly as possible to avoid deterioration of water quality and equipment function. Repairs and additional maintenance outside of what is included in weekly service packages are not included in the monthly service fee.

Repairs under $50 will be performed immediately and charged separately to the CUSTOMER. Repairs greater than $50 shall require CUSTOMER authorization in advance of the repair. CUSTOMER will be contacted regarding additional needed maintenance or repairs of $50 or more. An estimate will be emailed by COMPANY to CUSTOMER.  CUSTOMER may approve or decline estimate online or by replying to the emailed estimate.  A 50% deposit may be required to schedule the repair. CUSTOMER’s remaining balance is due at the time of job completion.

CUSTOMER acknowledges that different types of algae, e.g. mustard algae and black algae, can be carried into pool and spas from other bodies of water like lakes, oceans, and other pools by swimsuits, towels, floats, rafts, etc.  If black algae is noted, CUSTOMER must provide pole, brush and nets to be used during weekly pool service. Additional treatments at the cost of the CUSTOMER may be required to treat the water to get rid of said algae, and COMPANY reserves the right to refuse and/or discontinue service if treatments are declined by CUSTOMER.

Repair Visits: A Service Call with our trained Repair Technicians may be scheduled with CUSTOMER’S approval for troubleshooting and diagnosing equipment issues. These visits are $99.00 plus tax and are scheduled during regular business hours Monday through Friday 9am - 5pm.

Please note that COMPANY does not keep every part for every repair in stock. If we do not have the parts in stock and our distributors are closed, we are unable to purchase parts for repairs after hours and will require repair(s) to happen during weekday business hours.

Filter Cleanings are recommended every 3-6 months. Frequency of needed filter cleanings is dependent on the type of filter, quality of pool water, bather load, pets swimming, debris, etc. Regular filter cleanings are required to maintain healthy water balance. Failure to clean filters or approve COMPANY to clean filters in a timely manner may result in unhealthy water quality, algae growth, etc. resulting in additional charges for chemicals and labor of clean-up at the expense of the CUSTOMER.

SECTION 5: Invoices, Billing Cycles, Payments & Late Fees:

COMPANY invoices for weekly pool service every four (4) weeks and payment is due on the first date of the billing cycle.

The CUSTOMER agrees to pay COMPANY invoices upon receipt. As a courtesy, COMPANY invoices have a grace period of (10) days from the invoice due date. A $25.00 late fee will be added on the eleventh (11th) day the invoice is overdue. If you are expecting to be late with payment due to unforeseen circumstances, please contact COMPANY as quickly as possible.

COMPANY reserves the right to discontinue weekly pool service without notice for any overdue invoice.

SECTION 6: Disclaimers

COMPANY will not be responsible for any damage to property due to acts of nature, fire, vandalism, misuse or abuse.

COMPANY is not responsible for the performance of any chemicals it does not keep in inventory or sell.

CUSTOMER should be aware of normal deterioration of equipment that occurs over time due to exposure to chemicals, sunlight, and weather elements. Due to these factors, COMPANY recommends other regular maintenance services including but not limited to filter cleanings and O-ring replacements beyond normal maintenance.

COMPANY is not responsible for lost pets and animals.  COMPANY is not responsible for pets and animals drinking from pool or spa before, during, or after water treatment. COMPANY is not responsible for pets and animals damaging pool equipment or pool surface.

CUSTOMER is responsible for maintaining the correct water level, keeping trees and plants trimmed away from the pool/spa and equipment, and maintaining equipment by authorizing needed service to equipment.

COMPANY is not responsible for any damages or deterioration caused by failure of CUSTOMER to perform other services recommended by COMPANY or by failure of CUSTOMER to properly maintain pool, trees and plants surrounding pool/spa and equipment, and equipment between visits.

If you have any complaints or concerns regarding frequency or completeness of service, you must contact COMPANY within 24 hours after the service occurred or was scheduled to have occurred.

COMPANY office hours are 9:00am-5:00pm Monday through Friday.  Our office is closed Saturday and Sunday. CUSTOMER’s weekly pool service may occur outside of COMPANY office hours. Should an emergency arise, please contact our office and leave a detailed voice message. Each call after office hours will be evaluated on a case by case basis.  Please note that COMPANY does not keep every part needed for repairs in stock, so repairs may have to be made during regular office hours when distributors are open for purchase of needed part(s).

CUSTOMER acknowledges that different types of algae, e.g. mustard algae and black algae, can be carried into pool and spas from other bodies of water like lakes, oceans, and other pools by swimsuits, towels, floats, rafts, pets, animals, etc.  If black algae is noted, CUSTOMER must provide pole, brush and nets to be used during weekly pool service.  Additional water treatments at the cost of the CUSTOMER may be required to treat and rid of certain types of algae, and COMPANY reserves the right to refuse service if treatments are declined.

COMPANY assumes no responsibility for maintaining fences or gates at CUSTOMER’s property.

SECTION 7: Service Termination

This agreement may be terminated at the end of any billing cycle by CUSTOMER or COMPANY, before the next invoice is sent. COMPANY must be notified 7 days prior to the new billing cycle or CUSTOMER will be responsible for invoice payment of the next billing cycle.

SECTION 8: Natural Disasters or Acts of God

In the event of a natural disaster or act of God including but not limited to hurricane, tornado, flooding, fire, etc., COMPANY reserves the right to act in the best interest of the safety of our team and customers. COMPANY will make every effort to ensure your pool is serviced however a storm clean-up service may be required before regular weekly maintenance can occur. A natural disaster or act of God could result in a partial service or missed service which will not be eligible for a credit. Post-natural disaster clean-up is not included in CUSTOMER’s weekly pool service package and may require CUSTOMER’s approval of additional costs for labor, parts, and/or chemicals required to get pool back to healthy water balance and/or functioning equipment.

In the event of a major natural disaster or act of God including but not limited to hurricane, tornado, flooding, fire, etc., COMPANY will prioritize clean-up and equipment repairs as needed.

SECTION 9: Miscellaneous Items

Please contact COMPANY if you will be out of town for any long periods of time.

Please contact COMPANY at least seven (7) days prior to a party or special event that will require your service to be rescheduled.  COMPANY will honor requests for temporary changes in service day of week in the order they are received and reserves the right to decline the request if scheduling does not allow adequate time for service. 

We do not share or publish your personal information or contact information for any reason. We only use your contact information to communicate with you about pool service, maintenance and educational topics related to your pool.

SECTION 10:  Jurisdiction

Resolution of all disputes arising pursuant to these Terms of Service shall be in either the Magistrate or Superior Courts of Montgomery County, Texas as appropriate. The parties submit to the jurisdiction of said courts and agree that venue is proper in such Courts. If COMPANY is required to bring suit against CUSTOMER or take any other measures including hiring an attorney, to collect any sums due under this agreement, CUSTOMER will be responsible for all expenses incurred by COMPANY, including court costs and attorney's fees.

SECTION 11: Limitation of Liability; Class Action Waiver

To the fullest extent permissible under applicable law, COMPANY shall not be liable on any theory of liability, whether in an equitable, legal or common law action arising hereunder for contract, strict liability, tort (including negligence) or otherwise, for damages which, in the aggregate, exceed the amount of charges paid or payable to you to COMPANY in the six (6) month period prior to the claim and notwithstanding the failure of essential purpose of remedy. In no event shall COMPANY be liable for any special, incidental, indirect, exemplary, punitive or consequential damages of any kind and however caused, including but not limited to business interruption or loss of profits, business opportunities or goodwill even if notified of the possibilty of such damage, and notwithstanding the failure of essential purpose of any remedy.

In the event of any claims or liability arising out of or in connection with this terms of service, you hereby agree that you can only bring claims on an individual basis and not on a class or representative basis.