POOL SERVICE CONTRACT
This contract ("Contract") is made and entered into this [Effective Date], by and between [YOUR COMPANY NAME], with its principal place of business at [Your Company Address] (“Service Provider”), and [CLIENT'S NAME], located at [Client's Address] ("Client"), collectively referred to as "Parties".
1. Services and Responsibilities
1.1 Scope of Services: The Service Provider agrees to provide professional pool services to the Client, including but not limited to:
Regular pool maintenance and cleaning
Equipment inspection and maintenance
Chemical balancing and water testing
Minor repairs and adjustments as necessary
1.2 Service Schedule: The Parties shall agree upon a mutually acceptable schedule for the provision of services. The Service Provider shall provide advance notice of any changes to the schedule.
1.3 Access to Facilities: The Client shall provide access to the pool(s) and related facilities at all scheduled service times. In the event the Client fails to provide access, they may be liable for any additional costs incurred by the Service Provider.
2. Payment
2.1 Contract Price: The Client agrees to pay the Service Provider a total contract price of [Price] for the services rendered. Payments shall be made on [Payment Date], following receipt of an invoice from the Service Provider.
2.2 Additional Services: Any additional services requested by the Client not covered under this contract will be billed separately, with fees to be determined at the time of request.
2.3 Taxes: The Client shall be responsible for any applicable taxes related to the services provided under this Contract.
2.4 Payment Disputes: In the event of a dispute regarding payments, the Parties agree to resolve the dispute in good faith within [Dispute Resolution Period] days. If the dispute cannot be resolved, either Party may seek legal remedies.
3. Term and Termination
3.1 Term: This Contract shall commence on [Start Date] and continue until [End Date], unless terminated earlier in accordance with this Contract.
3.2 Termination: Either Party may terminate this Contract upon [Notice Period] days' written notice if the other Party breaches any of its obligations and fails to correct such breach within this notice period.
3.3 Early Termination Fee: If the Client terminates this Contract before the end of the initial term without cause, the Client shall pay an early termination fee equal to [Early Termination Fee Amount].
3.4 Service Provider's Right to Terminate: The Service Provider reserves the right to terminate this Contract at any time with [Notice Period] days' written notice to the Client.
3.5 Effect of Termination: Upon termination of this Contract, the Service Provider shall cease providing services, and the Client shall pay any outstanding fees owed to the Service Provider.
3.6 Survival: The provisions of this Contract that by their nature extend beyond the termination of this Contract shall survive termination, including but not limited to indemnification and limitation of liability.
4. Indemnification
4.1 Indemnity: The Service Provider agrees to indemnify and hold harmless the Client from and against all claims, damages, or liabilities resulting from the Service Provider’s breach of this Contract or negligence in performing the Services.
4.2 Limitation of Liability: The Service Provider's liability under this Contract shall be limited to the total amount paid by the Client to the Service Provider under this Contract.
4.3 Notice of Claim: In the event of any claim for which indemnification may be sought under this Contract, the Party seeking indemnification ("Indemnified Party") shall promptly notify the other Party ("Indemnifying Party") in writing of such claim.
4.4 Defense of Claim: The Indemnifying Party shall have the right to assume the defense of any such claim, with counsel of its choice, and the Indemnified Party shall cooperate with the Indemnifying Party in the defense of such claim.
5. Governing Law
5.1 Jurisdiction: This Contract shall be governed by and construed in accordance with the laws of the state of [State]. Any legal action arising out of or related to this Contract shall be brought in the courts of [State].
5.2 Venue: Any legal action or proceeding arising out of or relating to this Contract shall be brought exclusively in the courts of [State].
5.3 Waiver of Jury Trial: Each Party waives any right to a jury trial in any action or proceeding arising out of or related to this Contract.
5.4 Attorney's Fees: In the event of any legal action arising out of or related to this Contract, the prevailing Party shall be entitled to recover its reasonable attorney's fees and costs.
6. Entire Agreement
6.1 Entire Agreement: This Contract, including any schedules or exhibits attached hereto, constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.
6.2 Amendment: This Contract may only be amended in writing and signed by both Parties.
6.3 Counterparts: This Contract may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.
6.4 Electronic Signatures: The Parties agree that electronic signatures shall have the same legal effect as original signatures.
7. Signatures
IN WITNESS WHEREOF, the Parties hereto have executed this Service Contract as of the date first above written.
[YOUR COMPANY NAME]
[Your Name]
[Date Signed]
[Client's Name]
[Date Signed]
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