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. These terms are governed by the laws of the State of Florida.
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, 4th Of July, Labor Day, Thanksgiving, Christmas Day and/or Christmas Eve, and New Year’s 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, specialty pool chemicals, and salt. Salt will not be included in routine service and will be billed separately as needed. Salt can become depleted due to weather (rain or storms), pool leaks, excessive water addition,
or issues with the salt system. 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. Pool Vacuuming Policy: Standard Service & Full Concierge Service Standard Service:
Vacuuming is performed on an as needed basis, as determined by the professional discretion of Pools by Roark. Our experienced technicians will assess your pool each visit and provide vacuuming when necessary to maintain cleanliness and meet our high standards. The decision of “as needed” vacuuming is left to Pools by Roark’s expert evaluation. If a pool on our Standard Service tier is found to require vacuuming at every
visit in order to maintain Pools by Roark’s standard of cleaning and pool health, we will recommend upgrading to our Full Concierge Service for enhanced, consistent care.
Full Concierge Service:
Full Concierge Service includes vacuuming at every visit (thunder and lightning permitting), ensuring your pool remains immaculate at all times. Pools by Roark is committed to tailoring our services to meet your pool’s unique needs and delivering the highest level of cleanliness and customer satisfaction.
7. Service Access & Safety
Customer is responsible for ensuring safe and unimpeded access to the pool, equipment, and service areas on scheduled service days. Pools by Roark is not responsible for missed or incomplete service due to blocked gates, locked doors, aggressive pets, or unsafe conditions on the property. Missed service under these circumstances will not be refunded or rescheduled.
If, upon arrival, our technician determines that the environment is unsafe (including, but not limited to, aggressive animals, hazardous materials, or construction), service may be declined or rescheduled at Pools by Roark’s sole discretion, with notification to the customer.
8. 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.
9. 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 13.
10. 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.
Notification of Problems:
Customer agrees to notify Pools by Roark promptly of any unusual pool conditions, equipment issues, or suspected water quality concerns. Pools by Roark is not liable for delays in correction if notification is not timely.
11. Water Loss, Leaks & Equipment Malfunction
Pools by Roark is not responsible for water loss, increased water bills, or damage resulting from pool leaks or equipment failure. Any suspected leaks should be reported immediately. Diagnostic or repair services for leaks are billed separately.
Pools by Roark is not liable for issues arising from equipment installed, repaired, or modified by third parties. Customer assumes all risks associated with non-standard or customer-supplied equipment.
12. Service Limitations and Exclusions
Service does not include removal of non-pool debris (such as excessive landscaping, animal waste, paint, oil, or hazardous materials) or cleaning resulting from acts of vandalism or misuse. Additional fees may apply if such debris removal is required.
Pools by Roark does not provide winterization or de-winterization services unless specifically contracted. Damage from freezing temperatures is not covered under routine maintenance.
13. 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 for guests. 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.
14. Weather, Acts of God, & Force Majeure
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.
Force Majeure:
Pools by Roark shall not be liable for delays, failures, or inability to perform services due to causes beyond its reasonable control, including but not limited to severe weather, government actions, labor disputes, or supply shortages.
15. 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.
16. 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.
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.
17. 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.
18. 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.
19. Liability
Limitation of Liability:
Pools by Roark is not liable for any damage, staining, or discoloration to pool surfaces, pool equipment, or any other property, regardless of cause—including, but not limited to, pre-existing conditions, chemical reactions, equipment failure, improper installation (by others), natural wear and tear, or acts of God. This limitation includes plaster, pebble, vinyl, tile, aggregate, coping, decking, and all equipment types.
If Pools by Roark is found to be directly at fault for any issue, we will do our best to work in good faith with the customer to resolve the matter in a fair and reasonable way. However, Pools by Roark’s liability will always be strictly limited as described in this section and will not exceed the total amount paid by you for services in the six months prior to the claim.
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, including non 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.
20. 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.
21. Digital Communication & Consent
By engaging our services, you consent to receive service notifications, invoices, and communications electronically. Pools by Roark may use photos or videos taken during service for documentation, quality assurance, and, with customer consent, marketing purposes. All customer privacy will be respected.
22. Camera Footage and Customer Claims
Pools by Roark technicians perform services with care and diligence, and we document our work with photos whenever possible. While we understand many customers have home surveillance systems, we cannot rely solely on the absence of camera footage or motion alerts as proof that a service was not performed or that damage occurred. Home camera systems vary widely in sensitivity, angle, storage, and alert settings, and may not consistently detect motion, capture full coverage of the service area, or log accurate timestamps. A lack of motion alert or visible footage does not constitute evidence that a technician failed to perform a task or visit the property.
Additionally, Pools by Roark is not responsible for any alleged damage to property (e.g., pool cages, fences, furniture) without clear, verifiable evidence directly linking our technicians to the damage in question. We will thoroughly review all customer concerns and service records, including technician notes, timestamps, and photos. However, we are unable to investigate or validate complaints that rely solely on assumptions made from incomplete or missing home security footage.
23. Third-Party Referrals and External Repairs
At times, Pools by Roark may recommend that customers contact other specialized companies—such as leak detection services, plumbing companies, or drain clearing specialists—for repairs or diagnostics outside the normal scope of our work. Pools by Roark is not liable for the actions, work quality, warranties, charges, or outcomes of any third-party vendors or contractors hired by the customer, regardless of referral. All decisions to hire third parties are made at the customer’s discretion and risk.
Pools by Roark’s core responsibilities are to maintain water chemistry, uphold pool cleanliness, and report any observed or potential issues to the customer so they can make an informed decision. Responsibility for addressing and paying for repairs or services performed by others rests solely with the customer.
