1. General
By scheduling and using Pools by Roark’s services, you agree to these Terms and Conditions. These terms govern all services provided by Pools by Roark, including maintenance & repairs. Pools by Roark reserves the right to modify these terms and conditions at any time, effective upon posting on the website. Continued use of the services after changes indicates your consent.
2. Staying in Touch
Customer agrees to provide Pools by Roark with adequate contact information (landline phone number, cell phone number, work phone number, e-mail address) where he/she can best be reached during the day. If Customer cannot be reached in a timely manner, Customer agrees to accept any decision Pools by Roark makes in regards to maintaining Customer’s swimming pool and/or other water features. This does not include major repairs or installations unless there is an emergency situation.
3. Payment Terms
- All services require a valid credit card on file prior to scheduling.
- Monthly service fees are billed during the first week of the month and are subject to adjustment based on pool condition, size, and additional. treatments or repairs required.
- Payment is due upon completion for any service or repairs made to pool equipment. We will use the card we have on file unless otherwise specified in advance.
- Credit cards on file can be charged for any services rendered, including maintenance, repairs, additional treatments, or emergency services.
- Services may be paused for accounts overdue by more than 30 days.
4. Monthly Billing Policy
- Flat Monthly Rate: Service is billed at a consistent monthly rate, which is calculated to average costs over the entire year. This rate applies regardless of whether a month has four or five service weeks.
- Missed Service: The monthly rate accounts for occasional missed service weeks due to holidays, technician illness, or other unavoidable circumstances. No refunds or prorated adjustments will be provided for these occurrences.
- Holiday and Absence Notification: Please note that we take off Memorial Day, Thanksgiving, Christmas Day and New Years Day each year. If your pool cleaning falls on one of these holidays, your pool will be given extra attention the week before and after. No refunds are given for no service on holidays.
- Service Commitment: We remain committed to maintaining the health and functionality of your pool and will address any concerns caused by missed service promptly.
5. Service Inclusions
- Full weekly pool service includes routine chemical balancing, cleaning, and visual inspection of equipment EXCLUDING metal sequestering agents, phosphate treatments, non-service day shock treatments and specialty pool chemicals.
- Your service includes up to 30 minutes of technician time each week. If the condition of your pool requires the technician to spend additional time at your property, an extra fee of $20 will be charged for up to 15 additional minutes, $35 for up to 30 minutes.
6. Referral Program and Discounts
- For every referral that signs up for service, you receive one free month of service. The free month will be credited after 90 days of paid service.
- Pool maintenance customers will receive 5% off new solar pool heating installations as well as select Hayward pool equipment.
7. Additional Cleaning Policy
We understand that pools occasionally need additional attention outside of regular service visits. Extra cleanings involve additional time, materials, and travel, so they incur an additional charge. Extra cleanings can be requested for situations like storm debris, unexpected algae blooms, or other special circumstances. Our standard rate for an extra cleaning is $75, which covers:
- A detailed cleaning by a trained technician
- Travel to your location
- The necessary chemicals and materials to balance and treat your pool
We require 24-hour notice to schedule an extra cleaning. This fee is separate from your regular service charge and will be billed after the service is completed. This does not include debris removal outside of vacuuming. Please see section 11.
8. Customer Responsibilities
- We rely on functional equipment to keep your pool in excellent condition—please ensure your equipment is maintained and repaired promptly. This includes automatic water levelers, fills or hose timers. Pools by Roark are not responsible for malfunctioning equipment or the consequences. We will not turn water on or off at your property with the exception of the water near the filter that is needed when cleaning cartridges.
- To maintain proper chemical balance during the summer months, all pools must have either a functioning chlorinator or a chlorine floater. If your pool does not currently have one, please contact Pools by Roark to purchase and arrange for installation.
- Pools by Roark are not liable for water clarity or algae issues arising from non-functional equipment, inadequate filtration or the water level not being maintained.
- Customers are responsible for providing accurate pool information and notifying Pools by Roark of any significant changes to their pool or equipment.
- During summer months, the filter pump MUST run at least 9 hours a day for proper chemical circulation.
- Ensure a clear path to the pool and equipment.
- Add Pools by Roark to your list of approved vendors for gated communities.
- Address any pool issues we alert you to promptly to maintain water quality.
- Homeowners are responsible for maintaining proper water levels in the pool/spa at all times. Our services do not include managing the water level though we will email you an alert if we notice it is low.
9. Pets and Access to Property
- Vacation rental pools require specialized service due to higher bather loads and variable usage. Customers with vacation rental properties must notify Pools by Roark of the property’s rental status.
- Vacation rental pools may require additional treatments, chemical balancing, or visits to ensure water quality and clarity forguests. These services will incur additional charges, which will be communicated in advance.
- Emergency visits related to vacation rental issues (e.g., cloudy water, unexpected equipment failure) are charged at $195 for equipment service and $75 for cleaning services for existing customers.
- Pools by Roark is not responsible for damages or complaints from renters if additional services are declined by the property owner.
11. Weather and Acts of God
- Pools by Roark will make reasonable efforts to service your pool as scheduled. However, dangerous weather conditions, including lightning and hurricanes, may cause delays or missed services. Technicians may also adjust their use of equipment and electronics during storms for safety reasons, and reports may not include photos during inclement weather. You may only receive chemical service during inclement weather if this is the case.
- After a major hurricane, we will assess the pool and equipment condition once it is safe to do so, following city and county safety guidelines. Service may be delayed or referred to another company if draining and cleaning the pool is required. Missed services due to hurricanes are not refundable, as efforts will focus on restoring the pool’s functionality. An additional $35 charge applies for extra debris removal outside of standard weekly cleaning.
- Large debris such as pool cages or furniture will not be removed due to safety concerns for our technicians.
- Pools by Roark disclaims liability for weather-related or natural disaster damage to equipment or property.
- Loss of chemicals or salt due to weather events is not covered under normal service. Additional costs may apply to restore proper pool balance.
12. Repairs and Warranty
- Any repairs or additional services outside the scope of regular maintenance will be quoted separately and require customer approval before proceeding.
- Repairs and installations are warrantied for defects in materials and workmanship but do not cover damage caused by improper use, neglect, or weather events.
- Solar heating panels and other equipment warranties cover manufacturing defects and leaks but exclude damage caused by hurricanes or other acts of God.
- Pool conditions cannot be guaranteed until all equipment is operational. Any extra chemicals required to maintain the pool until repairs are completed will be billed separately.
- Inspection reports are provided after each visit, detailing the work performed and the pool’s condition. These reports are for informational purposes and do not constitute a warranty.
13. Pool Filter Maintenance
- Filter cartridges are cleaned every four weeks and need replacement annually at an additional charge.
- Sand filters are monitored and cleaned as needed. Cleaning too often can cause water to be cloudy. PSI is recorded at each visitand when the pressure reaches 10 over its clean pressure, we will perform a backwash of the filter.
- We do not accept pools with DE filters.
- While we take care to perform services without causing damage, we are not liable for malfunctions or damages related to the use of spigots, hoses, or other equipment on the property. Such malfunctions can occur independently of our services.
4. Phosphate Treatments and Chemicals
- Basic Treatment – $40 (Phosphates do not exceed 450 ppb): Suitable for low to moderate phosphate levels. At this level, we apply treatment chemicals to the water and allow the pool filtration system to run and clean the dead phosphates from the pool.
- Advanced Treatment – $120 (Phosphates exceeding 450 ppb): Required for high phosphate levels or pools with significant algae issues. This treatment will require a 2 day visit because the amount of dead phosphates will not be able to be cleaned by the pool’s filtration system alone. A filter clean will be required on day 2 as well as a vacuum of the pool bottom.
- Additional chemicals beyond routine service are billed separately, and prior approval will be sought where applicable.
- Phosphates are more problematic during warmer months. We will notify customers via email when a no-swim advisory is issued following phosphate treatments. Advanced treatments costing $120 require customer approval; however, we will proceed with standard $40 treatments to prevent further issues while awaiting approval. Delayed approval may lead to service pauses, and we
are not liable for water conditions during this time. Additional chemicals needed to rebalance the pool will be billed separately.
15. Termination of Service
- Either party may terminate service with a 30-day written notice.
- Pools by Roark reserves the right to terminate service immediately in cases of non-payment, unsafe conditions, or repeated non-compliance with these terms.
- Refunds will not be issued for prepaid services if cancellation occurs mid-billing cycle.
16. Liability
- Pools by Roark are not liable for damage or discoloration caused by pre-existing conditions, improper installation of equipment by third parties, or acts of God.
- Customers are responsible for maintaining their pool’s structural integrity and ensuring it complies with local regulations.
- Limited Warranty and Disclaimer – Pools by Roark provides services consistent with industry standards. The sole remedy for breach of warranty is re-performance of non-conforming services. Pools by Roark disclaims all other warranties, includingnon-infringement, title, merchantability, and fitness for a particular purpose.
- Limitation of Liability; Class Action Waiver – Pools by Roark’s liability is limited to the amount paid by you in the six months prior to the claim. Pools by Roark is not liable for special, incidental, indirect, exemplary, punitive, or consequential damages. Claims must be brought on an individual basis, not on a class or representative basis.
- Modification to Terms – Pools by Roark reserves the right to modify these terms and conditions at any time, effective upon posting on the website. Continued use of the services after changes indicates your consent.
- Indemnification Clause – Customer agrees to indemnify and hold harmless Pools by Roark from any claims, damages, or expenses arising from Customer’s failure to maintain equipment or adhere to service recommendations.
17. Issue Resolution and Dispute Policy
If you have concerns or issues, we encourage you to reach out to the office and speak directly with the owner or General Manager (GM). Please avoid relying solely on technicians to communicate concerns, as their busy schedules may result in missed or incomplete information.
To address any disputes related to these terms and conditions or our services, customers must first engage in mediation, to be conducted in Sarasota, Florida. If mediation does not resolve the dispute, it will proceed to binding arbitration under Florida arbitration rules. All arbitration costs will be the responsibility of the customer.
