Terms and Conditions

TERMS AND CONDITIONS

Effective Date: 01/01/2026

1. INTRODUCTION & ORDER OF PRECEDENCE 

Welcome to Desert Pool Patrol ("Company", "we", "us", other similarly established references). These Terms and Conditions ("Terms", “T&C”, other similarly established references) govern your use of our website and general services. IMPORTANT: These Terms act as a baseline for our service. If you have signed a specific Residential Pool Maintenance Agreement with us, the terms of that signed Agreement shall control. In the event of any conflict between these Website Terms and your signed Maintenance Agreement, the signed Maintenance Agreement shall be the final authority (except in cases where it undermines fees, penalties, responsibilities, and similar items here; in effect, the maintenance agreement will be final authority except where the Client is attempting to reduce their liability exposure in any form).

2. WEBSITE ACCURACY & THIRD-PARTY LINKS

• Pricing & Availability: We strive to provide accurate information on our website, but errors may occur. Prices, service descriptions, and availability displayed on the site are subject to change without notice. We are not bound by typographical errors or outdated pricing on the website.

• Third-Party Processors: Our website may link to third-party platforms for scheduling or payment processing. We do not control these platforms. We are not liable for any payment errors, security breaches, or technical issues that occur once you leave our domain or interact with these third-party tools.

3. SERVICE DESCRIPTION & LIMITATIONS (NRS 624 COMPLIANCE)

• Residential Use Only: These Terms apply exclusively to residential properties. We do not service commercial properties.

• Scope: Our services are strictly limited to water chemistry balancing, cosmetic cleaning, and minor maintenance (e.g., emptying baskets, brushing, connection of equipment). Refer to handyman exemption below for more color on minor maintenance as to what it does not include.

• Handyman Exemption (Repairs): Desert Pool Patrol is not a licensed contractor. For any repair, replacement, or maintenance work (e.g., changing valves, minor equipment repairs), we operate under the "Handyman Exemption" of NRS 624.031. Strictly compliant with Nevada law, the aggregate price for such repair work (Labor + Materials) shall never exceed $1,000.00. Projects exceeding this limit must be referred to a licensed contractor.

4. SERVICE SCHEDULE, HOLIDAYS & 48 WEEK BILLING

• Service Windows: Service days and times are estimates and subject to change due to route optimization, weather, or traffic. We do not guarantee a specific time of arrival.

• Billing Cycle: Monthly service fees are calculated based on a 48-week service year. This accounts for the 4 weeks of the year where service may not occur due to: (a) Holidays (Thanksgiving week, Christmas week, New Year's week, Company Vacation); or (b) Extreme Weather

• Billing accommodates for this 48 week service year: Because the monthly rate is averaged over the year to include these breaks, no refunds or credits are issued for scheduled holiday closures. Because monthly fees are averaged over a 48-week year, strict proration or refunds for weeks not serviced during Company holidays are not issued upon cancellation.

5. TERM, TERMINATION & RENEWAL

• Month-to-Month: Recurring service is month-to-month and automatically renews until cancelled.

• Client Cancellation: You may cancel at any time with 7 days' written notice. Notice must be sent to our Office Email. Telling a field technician "I cancel" does not constitute valid notice.

• Termination by Company: We reserve the right to terminate service immediately and without prior notice in the event of: (a) non-payment; (b) abusive or threatening behavior toward our staff; (c) inability to safely access the property; or (d) failure to cure a breach of these Terms.

• Rate Increases: We reserve the right to increase your monthly service rate. We will provide 30 days' written notice (via email, text, or appropriate channel, at our discretion) prior to any rate increase.

• Right to Cancel: If this agreement was signed in your home and exceeds $25, you may possess a statutory right to cancel within 3 business days under NRS 598.

6. PRICING, "GREEN POOLS" & SURCHARGES

• Variable Pricing Factors: Service rates quoted on our website or over the phone are estimates only. Final monthly rates are subject to change based on specific property factors, including but not limited to: pool size (surface area/gallons/etc), debris density from landscaping, presence of trees/foliage, equipment complexity, chemical demand, and other non-standard factors. We reserve the right to adjust your monthly rate if these factors change significantly during the service term (e.g., new landscaping causes increased debris).

• Green-to-Clean: Monthly rates apply only to maintainable pools. Green or swampy pools require a separate Initial Cleanup billable separately.

• Chemical Surcharge: We reserve the right to apply a temporary surcharge in the event of extreme chemical market volatility, excessive use beyond standard, or for factors beyond our control that increase usage/costs.

• Variable Autopay: If enrolled in autopay, you authorize us to charge for the monthly service fee AND pre-approved incidental charges (filter cleans, stabilizers). Certain small charges may not require additional notice (such as broken skimmer baskets, or other items relevant to pool health).

7. PAYMENTS, DISPUTES & COLLECTIONS

• Due Date: Invoices are due upon receipt.

• Late Fees: Accounts 15 days past due incur a fee of $25.00. All service will halt until payment is received.

• Billing Disputes: You must notify us of any billing discrepancies or errors within 30 days of the invoice date. Failure to do so constitutes acceptance of the invoice as accurate from your side (we retain right to change it).

• Costs of Collection: You agree to pay all costs of collection, including reasonable attorney's fees and collection agency costs, incurred by us to collect past due amounts.

• Dispute Resolution First: You agree to contact us to resolve billing disputes before initiating a bank dispute. Initiating a chargeback without prior communication may result in immediate termination and collection action, and/or additional fees to cover losses incurred as a result of said chargeback.

8. ACCESS, GATES & PETS

• Lockouts: You must provide a key, code, or unlocked gate. Furthermore, the gate should be in working condition that does not prevent entry. Failure to notify of gate code changes and/or denied entry is a billable Lockout.

• Unsafe Conditions: We reserve the right to refuse entry if the property is unsafe (e.g., aggressive bees/pests, active construction, sewage, loose pavers, or unauthorized individuals). These are "Lockouts" and are billable.

• Gate Hardware & Escapes: We operate your gate latches and hinges regularly. We are not liable for the failure of aging gate hardware, latches, or hinges due to normal wear and tear or heat warping. We are not liable for pets, children, or any other living or inanimate object entering or escaping due to gate latch failure or failure to latch.

• Vegas Wind/Storm Rule: We cannot guarantee a debris-free pool during high-wind events, monsoons, or storms. Cleanup requiring extra time is billable hourly at our discretion.

9. WATER LEVEL, UTILITIES & LEAK LIABILITY

• Client Responsibility: Client is ultimately responsible for maintaining water level. Client accepts that Company is not responsible for any bills, fees, or otherwise pertaining to water. Client must provide access to a working water spigot/hose, and ensure the pool equipment has active electrical power and functioning timers.

• Utilities & Circulation: We are not liable for any damage (e.g., algae growth, plaster staining, chemical imbalances, or otherwise) caused by outages, tripped breakers, timer failure, pump timers, or anything turned off/misconfigured by Client.

• Low Water: If water is too low, we will perform chem-only service. We are not liable for pump damage due to low water.

• SNWA Fines: We are not liable for water waste fines (SNWA) unless caused by our direct negligence while on-site.

10. DRAINING & SURFACE LIABILITY

• Risks: Draining a pool carries risks of plaster delamination ("popping") or cracking. Desert Pool Patrol is not liable for plaster/tile/structure damage occurring during or after draining. You authorize draining at your own risk. Client is also responsible for refilling the pool with water and communicating with our office (text or phone) accordingly.

• Surface Liability: Certain maintenance (e.g., such as bead blasting of pool tile) may alter the pool surface. We are not liable for rough texture, exposed aggregate, or other changes to the pool surface as a result of approved services.

• Draining: Due to Las Vegas water hardness and evaporation, draining is required every 2-4 years. Draining/refilling labor is a separate billable service and is not included in the base service fees.

11. EQUIPMENT, DECKING & PRE-EXISTING CONDITIONS

• Chemical Staining: We are not liable for minor spotting or discoloration of pool decking/pavers that may occur during normal chemical handling.

• Wear & Tear: We are not liable for aging plaster, tile, equipment, or other items in and around the pool and pump areas.

• Brittle Plastic: We are not liable for plastic lids/valves that break due to sun damage/brittleness during normal operation.

• Filter Cleaning: Filter cleans are separate billable services. We are not responsible for pool health (including, but not limited to, water clarity) if filter cleans are declined.

12. SAFETY, BIOHAZARDS & BARRIERS

• Barriers (NRS 444): You are solely responsible for ensuring gates/latches meet safety codes. We are not liable for accidents/drownings due to faulty barriers.

• Biohazards: We reserve the right to refuse service or charge a premium for pools containing fecal matter, vomit, or dead animals. Additionally, we reserve the right to dilution drain (i.e., not fully drain and refill) at the customer’s expense (and also customer’s expense of incremental water usage, charges, and any other fees that are charged by not just the Company but also local agencies/groups/etc.) to prevent over exposure of pool surface.

13. MECHANIC'S LIEN WARNING (NRS 108) Notice

Under NRS Chapter 108, we reserve the right to record a Mechanic's Lien against your property to secure payment for unpaid services.

14. RENTAL PROPERTIES

• Owner is Client: The Property Owner is the responsible party. We do not take billable repair orders from tenants without Owner approval.

15. CLIENT INTERFERENCE & REFUSAL OF SERVICE

• Interference: Client is ultimately responsible for damages resulting from not only themselves but also all other individuals that enter the premises (other than the company employees who will under no circumstances bring non-employees onto the premises), including, but not limited to, alteration of pool chemicals, substances put into the pool, and other similar items (i.e., any object, liquid, gas, or otherwise) and its effects on the pool. This includes removal from the pool as well (e.g., water, chemicals, or other objects that affect or alter pool health and balance). The intention of this clause is to have only pool company employees managing the chemistry and entrance of objects that may affect pool health. In the event of any changes to this, the homeowner must inform the pool company in a timely and appropriate manner.

• Refusal of Recommended Maintenance: If we recommend a necessary maintenance service (e.g., filter clean, or water drain/refill due to high stabilizer/CYA) and you decline it, we are not responsible for the resulting water condition (e.g., algae growth, cloudiness).

16. DISCLAIMER OF WARRANTIES 

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.

• Manufacturer Warranties: We do not manufacture the parts or items we supply. Any warranty on parts (e.g., baskets, cleaner parts, portable vacuums) is provided solely by the manufacturer. We do not provide labor warranties on parts that fail due to manufacturing defects.

• No Real Estate Inspection: Our weekly service logs are for maintenance tracking only and do not constitute a "Pool Inspection" for real estate transactions.

17. LIMITED WARRANTY & REMEDY

• 24-Hour Reporting: Service issues must be reported within 24 hours.

• Remedy: Our sole liability is limited to re-performing the specific service. We do not offer refunds unless at our discretion.

18. MEDIA RELEASE 

You grant us an irrevocable, royalty-free license to use photos/video of the pool (excluding people unless expressly discussed and/or desired by Client and agreed to by all parties) for marketing and verification.

19. INDEMNIFICATION 

You agree to indemnify, defend, and hold Desert Pool Patrol harmless from any claims, damages, or legal fees arising from: (a) your failure to maintain safety barriers; (b) guest use of the pool; (c) pre-existing hazards; or (d) injuries to our technicians caused by your pets or unsafe property conditions.

20. NON-SOLICITATION & PLACEMENT FEE 

You agree not to directly hire or solicit Company employees for pool services during their employment. Additionally, you agree not to directly hire or solicit Company employees sooner than 12 months following the date of their termination. If you breach this provision to engage with our employee, you agree to pay the equivalent of 3 months of the employee’s gross wages as Liquidated Damages (not as a penalty) to compensate us.

21. ELECTRONIC SIGNATURES (E-SIGN ACT)

 By clicking "I Agree," "Accept," or approving a quote via email/text, you agree that such action constitutes your legal electronic signature and consent to enter into this binding agreement under the U.S. E-SIGN Act and Nevada UETA.

22. ASSIGNMENT 

You may not assign or transfer this Agreement (e.g., to a new home buyer) without our written consent. We may assign this Agreement to a successor company in the event of a sale or merger (your rights of cancellation still apply).

23. DISPUTE RESOLUTION & CHOICE OF LAW

• Informal Resolution: Before filing any claim, you agree to try to resolve the dispute informally by contacting us at Office@desertpoolpatrol.com and providing a 30-day window to cure the issue.

• Governing Law: This Agreement shall be governed by the laws of the State of Nevada.

• Venue: Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the state courts of Clark County, Nevada, including the appropriate Small Claims Court, Justice Court, or the Eighth Judicial District Court, as applicable based on the amount in controversy. You waive any objection to the venue or jurisdiction of such courts.

• Class Action Waiver: Disputes are resolved on an individual basis. You agree not to participate in a class action against Desert Pool Patrol.

24. FORCE MAJEURE 

We are not liable for failure to perform due to acts of God, weather, pandemics, or other major supply chain errors/issues (e.g., fuel shortages, chlorine shortages, similar obstacles).

25. MODIFICATION OF TERMS 

We reserve the right to modify these Terms.

• Administrative Changes: Corrections to typographical errors, contact information, or formatting that do not alter the rights or obligations of either party take effect immediately upon posting.

• Substantive Changes: Any change that alters the scope of service, liability, pricing, or legal rights under this Agreement requires 30 days' written notice provided to you via email or text message.

• Acceptance: Your continued use of our services after the 30-day notice period constitutes your acceptance of the updated Terms.

26. GENERAL PROVISIONS

• Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck only for the part that is deemed unfit (i.e., no provision or clause shall be completely discarded due to a minor element or wording within said provision or clause). In the event of any removal, striking, or similar actions, the remaining provisions shall remain in full force and effect for the entirety of the remaining portions of this agreement.

• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

• Official Notice: All legal notices and cancellations must be sent to the contact information listed in Section 28.

27. SURVIVAL

The provisions of Sections 3 (Limitations), 7 (Payments/Collections), 8 through 12 (Access, Liability, Equipment & Safety), 13 (Liens), 15 (Client Interference), 16 (Disclaimers), 18 (Media Release), 19 (Indemnification), 20 (Non-Solicitation), 23 (Dispute Resolution), and 26 (General Provisions) shall survive the termination or expiration of this Agreement.

28. CONTACT 

Desert Pool Patrol Email: office@desertpoolpatrol.com Phone: 702-701-0886