Terms of Service
These Terms of Service constitute a legally binding agreement between you and Utah Pool Pros governing your access to and use of our website and services.
By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Scope of Services
Utah Pool Pros provides swimming pool and spa design, construction, installation, maintenance, repair, and related services (“Services”). All Services are subject to availability, site conditions, applicable laws, and the execution of a separate written service agreement where applicable.
Estimates; Changes in Scope
All estimates, proposals, and quotations are non-binding and subject to change. Final pricing is contingent upon:
- Site inspection and existing conditions
- Material costs and availability
- Design modifications or customer-requested changes
- Unforeseen conditions, including but not limited to soil conditions, underground utilities, or structural issues
Any material deviation from the original scope of work shall require a written change order and may result in additional charges.
Payment Terms; Non-Payment Remedies
Customer agrees to pay all amounts due in accordance with the applicable agreement.
- Deposits and progress payments may be required
- Final payment is due upon substantial completion unless otherwise agreed
Late Payments:
Any unpaid balance shall accrue interest at the rate of 1.5% per month (18% annually) or the maximum allowed by Utah law, whichever is less.
Collection Costs:
Customer agrees to pay all costs of collection, including but not limited to attorney’s fees, court costs, and lien filing fees.
Right to Suspend Work:
Company reserves the right to suspend work, without liability, for non-payment. Project timelines shall be extended accordingly.
Acceleration Clause:
In the event of default, Company may declare all remaining unpaid amounts immediately due and payable.
Mechanics Lien Rights
Pursuant to Utah law, Utah Pool Pros reserves the right to file a mechanics lien against the property for unpaid labor, services, equipment, or materials furnished.
Customer acknowledges and agrees that:
- A lien may be recorded against the property if payment is not made
- Company may file a preliminary notice as required under Utah law
- Customer’s failure to pay may result in foreclosure of the lien and sale of the property to satisfy the debt
Customer agrees to cooperate with any required documentation related to lien rights.
Scheduling; Force Majeure
Project timelines are estimates only and are not guaranteed. Utah Pool Pros shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including:
- Weather conditions
- Natural disasters
- Labor or material shortages
- Permit or inspection delays
- Utility conflicts or site conditions
Customer Obligations
Customer shall:
- Provide accurate and complete project information
- Ensure safe and unobstructed access to the worksite
- Maintain safe conditions, including securing pets and hazards
- Obtain necessary approvals unless otherwise agreed
Failure to comply may result in delays, additional costs, or suspension of Services.
Warranties; Disclaimer
All warranties are limited to those expressly provided in a written agreement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- ALL IMPLIED WARRANTIES ARE DISCLAIMED
- COMPANY SHALL NOT BE RESPONSIBLE FOR DAMAGE CAUSED BY MISUSE, NEGLECT, IMPROPER MAINTENANCE, OR THIRD-PARTY WORK
- NORMAL WEAR AND TEAR IS EXCLUDED
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
- TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES AT ISSUE
Indemnification
Customer agrees to indemnify and hold harmless Utah Pool Pros from any claims, damages, or liabilities arising out of:
- Customer’s breach of these Terms
- Unsafe site conditions
- Third-party claims related to the property
Dispute Resolution; Arbitration
Mandatory Arbitration:
Any dispute, claim, or controversy arising out of or relating to these Terms or Services shall be resolved by binding arbitration in the State of Utah.
- Arbitration shall be administered by a mutually agreed arbitrator or arbitration service
- The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction
Waiver of Jury Trial:
Customer and Company waive any right to a jury trial.
Attorney’s Fees:
The prevailing party in any dispute shall be entitled to recover reasonable attorney’s fees and costs.
Termination
Company may terminate or suspend Services if:
- Customer fails to make payment
- Unsafe or unlawful conditions exist
- Customer breaches these Terms
Customer remains responsible for all work performed and costs incurred up to termination.
Website Use
Customer agrees not to misuse the website or interfere with its operation. All website content is protected by intellectual property laws and may not be used without permission.
Governing Law; Venue
These Terms shall be governed by the laws of the State of Utah.
Subject to the arbitration provision above, any legal action shall be brought in a court of competent jurisdiction located within Utah.
Severability
If any provision is deemed invalid, the remaining provisions shall remain enforceable.
Entire Agreement
These Terms, together with any written agreement, constitute the entire agreement between the parties.
Changes to Terms
Utah Pool Pros reserves the right to modify these Terms at any time. Continued use of Services constitutes acceptance of updated Terms.
Contact Information
Utah Pool Pros
1020 S Legacy View Street #C5
Salt Lake City, Utah
Phone: 385-766-5386