Service Agreement
Create a legally sound service agreement for your pool service company. Manage liability for chemical handling, equipment failure, and drowning risks with a contract built for the industry.
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A robust Service Agreement is your primary defense against common and costly disputes in the pool service industry. It clearly defines your scope of work, limits your liability for issues like... Read more
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Legal Document
This Service Agreement (the "Agreement") is entered into as of 2026-04-19 (the "Effective Date"), by and between [service_provider] (the "Service Provider") and [client_name] (the "Client"). The Service Provider and the Client may be referred to individually as a "Party" and collectively as the "Parties."
WHEREAS, the Service Provider is engaged in the business of providing professional services and possesses the skills, qualifications, and experience necessary to perform such services;
WHEREAS, the Client desires to engage the Service Provider to render certain services as described herein, and the Service Provider is willing to provide such services subject to the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
The Service Provider shall perform and deliver the following services (the "Services") for the Client in a professional and workmanlike manner, consistent with generally accepted industry standards and practices: [scope_of_services] The Service Provider shall devote such time, attention, and skill as is reasonably necessary for the proper performance of the Services. The Service Provider retains the right to determine the method, details, and means of performing the Services, provided that the results conform to the specifications set forth herein. Any material changes to the scope of Services shall require the prior written consent of both Parties and may result in an adjustment to the service fee and timeline.
In consideration of the Services to be performed under this Agreement, the Client shall pay the Service Provider a total fee of [service_fee] (the "Service Fee"). All amounts are stated in United States Dollars unless otherwise specified.
This Agreement shall commence on the Effective Date, 2026-04-19, and shall continue in full force and effect until 2026-04-19, unless earlier terminated in accordance with the provisions of this Agreement. If no end date is specified, this Agreement shall remain in effect until the Services have been fully performed and accepted by the Client, or until terminated by either Party as provided herein.
Either Party may terminate this Agreement for convenience by providing prior written notice to the other Party as specified below. Termination shall be effective upon the expiration of the applicable notice period.
Either Party may terminate this Agreement immediately upon written notice if the other Party: (a) materially breaches any term or condition of this Agreement and fails to cure such breach within fifteen (15) calendar days after receiving written notice thereof; (b) becomes insolvent, files for bankruptcy, or has a receiver appointed for a substantial portion of its assets; or (c) ceases to conduct business in the normal course. Upon termination or expiration of this Agreement, the Client shall pay the Service Provider for all Services satisfactorily performed and all expenses properly incurred through the effective date of termination. Any obligations or duties that by their nature extend beyond the termination of this Agreement shall survive such termination, including but not limited to confidentiality obligations, indemnification, and limitation of liability.
The Service Provider represents and warrants that: (a) it has the requisite skills, experience, and qualifications to perform the Services; (b) the Services shall be performed in a professional and workmanlike manner in accordance with generally accepted industry standards; (c) it has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder; and (d) the performance of the Services will not violate any applicable law, regulation, or the rights of any third party. The Client represents and warrants that: (a) it has the full right, power, and authority to enter into this Agreement; (b) it shall provide the Service Provider with timely access to all information, materials, and resources reasonably necessary for the performance of the Services; and (c) all information provided to the Service Provider shall be accurate and complete to the best of the Client's knowledge. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE PROVIDER MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE SERVICE PROVIDER UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL SERVICE FEE ACTUALLY PAID BY THE CLIENT TO THE SERVICE PROVIDER UNDER THIS AGREEMENT. This limitation of liability shall apply to the fullest extent permitted by law and shall survive the termination or expiration of this Agreement.
Each Party (the "Indemnifying Party") shall indemnify, defend, and hold harmless the other Party and its officers, directors, employees, agents, successors, and assigns (collectively, the "Indemnified Party") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the Indemnifying Party's material breach of any representation, warranty, or obligation under this Agreement; (b) the Indemnifying Party's gross negligence or willful misconduct in connection with this Agreement; or (c) any third-party claim arising from the Indemnifying Party's performance or failure to perform under this Agreement. The Indemnified Party shall provide the Indemnifying Party with prompt written notice of any claim for which indemnification is sought, shall cooperate with the Indemnifying Party in the defense of such claim, and shall not settle any such claim without the Indemnifying Party's prior written consent.
During the term of this Agreement and for a period of two (2) years following its termination or expiration, each Party shall maintain in strict confidence all Confidential Information received from the other Party. "Confidential Information" means any and all non-public, proprietary, or confidential information disclosed by one Party to the other, whether in writing, orally, electronically, or by inspection, including but not limited to trade secrets, business plans, financial information, customer lists, technical data, and the terms of this Agreement. Confidential Information shall not include information that: (a) is or becomes publicly available through no fault of the receiving Party; (b) was already known to the receiving Party prior to disclosure without any obligation of confidentiality; (c) is independently developed by the receiving Party without use of or reference to the disclosing Party's Confidential Information; or (d) is rightfully obtained by the receiving Party from a third party without restriction on disclosure. Each Party shall use the other Party's Confidential Information solely for the purpose of performing its obligations under this Agreement and shall not disclose such information to any third party without the prior written consent of the disclosing Party, except to its employees, agents, or advisors who have a need to know and are bound by obligations of confidentiality no less restrictive than those contained herein.
This Agreement shall be governed by and construed in accordance with the laws of the State of [state_law], without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be resolved exclusively in the state or federal courts located within the State of [state_law], and each Party hereby irrevocably consents to the personal jurisdiction of such courts.
Entire Agreement. This Agreement, together with any exhibits, schedules, or attachments hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. Amendments. No amendment, modification, or supplement to this Agreement shall be valid or binding unless made in writing and duly executed by both Parties. Waiver. No waiver of any provision of this Agreement shall be effective unless made in writing and signed by the waiving Party. The failure of either Party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the Parties' original intent. Assignment. Neither Party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other Party, except that either Party may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any purported assignment in violation of this section shall be null and void. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed duly given when delivered personally, sent by certified mail (return receipt requested), or sent by nationally recognized overnight courier to the addresses set forth herein or to such other address as either Party may designate in writing. Independent Contractor. The Service Provider is an independent contractor and nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the Parties. The Service Provider shall have no authority to bind or commit the Client in any manner. Force Majeure. Neither Party shall be liable for any delay or failure to perform its obligations under this Agreement to the extent that such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, labor disputes, government orders, or pandemic.
[included services checklist]
[excluded services]
[customer maintenance responsibilities]
IN WITNESS WHEREOF, the Parties have executed this Service Agreement as of the Effective Date first written above. Each Party represents that the individual signing below has the full authority to bind such Party to the terms and conditions of this Agreement.
Service Provider
Name: Service Provider
Date: 2026-04-19
Client
Name: Client
Date: 2026-04-19
A robust Service Agreement is your primary defense against common and costly disputes in the pool service industry. It clearly defines your scope of work, limits your liability for issues like chemical mishandling or pre-existing equipment failures, and ensures you get paid on time. By embedding references to key regulations like OSHA and the Clean Water Act, and addressing pain points such as customer maintenance responsibilities, this agreement protects your business, sets clear expectations, and provides a framework for professional, enforceable client relationships.
Beyond the standard service agreement sections, this template adds fields specific to Pool Service Company:
A Service Agreement legally defines the scope and expectations of work to be done by a service provider for a client, including details such as terms of service, payment, liability, and confidentiality to ensure mutual understanding and provide a framework for legal protection.
Chemical Handling Liability
Include clear terms in service contracts regarding compliance with all relevant chemical handling and environmental laws, and require proper training certifications from employees.
Drowning Risk
Implement contracts that include disclaimers and customer responsibilities for proper pool monitoring and safety features, such as fences and alarms, during and after service.
Our template includes a critical Limitation of Liability clause. It clearly states that our service does not cover equipment failures due to manufacturer defects or pre-existing conditions not caused by our work. To further mitigate risk, we recommend you maintain detailed maintenance logs for each service visit as evidence of the work performed. This clause is designed to prevent customers from holding you responsible for failures outside your control.
Absolutely. The Scope of Services and Indemnification clauses are structured to enforce compliance with relevant laws, specifically the Occupational Safety and Health Act (OSHA) for safe chemical handling and the EPA Clean Water Act for proper disposal. By requiring you to hold certifications like Certified Pool & Spa Operator (CPO) and stating that all work will be performed in accordance with these regulations, the agreement legally reinforces your professional standards and shifts liability away from your company for improper customer handling or storage.
This is a common pain point. Our agreement includes specific terms in the Limitation of Liability section that cap your responsibility. More importantly, it places a clear responsibility on the client in the Scope of Services to immediately report any visible leaks, flooding, or water damage observed during or after a service visit. This creates a shared duty of care and provides a strong defense if a claim arises from an unreported, pre-existing issue.
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Equipment Failure
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For this service agreement to be legally valid:
Common mistakes to avoid:
The agreement tackles this head-on. The detailed Scope of Services defines exactly what 'chemical balancing' entails (e.g., testing and adjusting pH, chlorine, alkalinity) and its limitations. It clarifies that perfect balance can be affected by external factors like weather, bather load, and the client's own maintenance between visits. Furthermore, the Dispute Resolution clause provides a structured, cost-effective path (like mediation) to resolve such disagreements without immediate litigation, saving you time and legal fees.
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