Terms of Service.

These Terms of Service ("Terms") are a binding agreement between Saguaro Pool Service, a pool-service business operating in Tucson, Arizona, owned and operated by Arseni Filon, including any future entity through which Saguaro Pool Service operates and Saguaro's employees and authorized agents (collectively "Saguaro," "we," "us," "our"), and the customer engaging Saguaro for pool service ("Customer," "you," "your").

"Service Provider" means any independent contractor, subcontractor, technician, or affiliated business engaged by Saguaro to perform on-site work at Customer's property under Saguaro's coordination. Service Providers are independent businesses, not employees of Saguaro.

Saguaro provides residential pool cleaning and water-chemistry service in Tucson and surrounding Pima County, Arizona. Service includes weekly visits, surface skimming, wall and tile-line brushing, vacuuming as needed, basket emptying, water-chemistry testing and balancing, filter checks, scheduled filter cleaning, salt-cell maintenance, and a text-with-photo confirmation after each visit. Pool chemicals (chlorine, shock, algaecide, conditioner) are included in the monthly rate.

Saguaro performs cleaning and chemistry only. Saguaro does not perform pool-equipment repair, installation, replacement, draining, or acid washing. These activities are licensed-contractor work in Arizona — specifically, the Arizona Registrar of Contractors CR-6 (Swimming Pool Service and Repair) classification — which Saguaro does not currently hold. When such work is needed, Saguaro will identify the issue and may refer Customer to a licensed Arizona contractor. Customer is solely responsible for engaging, directing, paying, and supervising any such contractor, whose work is outside the scope of these Terms.

Saguaro coordinates and dispatches pool-service work in Pima County. From time to time, Saguaro engages Service Providers (as defined in Section 1) to perform on-site cleaning, chemistry, filter, salt-cell, or green-recovery work at Customer's property. Service Providers are independent businesses; they supply their own labor, tools, vehicles, methods, and (where applicable) chemicals; they set their own schedules in coordination with Saguaro's route; they direct the manner and means of their own work.

Service Providers are NOT employees, agents, partners, joint venturers, franchisees, or representatives of Saguaro for any purpose. No employer-employee, principal-agent, or master-servant relationship exists between Saguaro and any Service Provider. Saguaro does not control the day-to-day execution of a Service Provider's work and does not have the authority to bind a Service Provider to obligations beyond the scope of their engagement.

Customer acknowledges and agrees that the Service Provider performing on-site work at Customer's property — and not Saguaro — is the responsible party for the manner, means, methods, and outcomes of that on-site work, including any damage caused by negligence in performance, mishandling of chemicals, mishandling of equipment, or property damage during service.

Saguaro requires every Service Provider it engages to represent and warrant that they: (a) hold all licenses, registrations, and certifications required by Arizona law for the work they perform; (b) maintain commercial general liability insurance in amounts customary for residential pool service; and (c) comply with all applicable federal, state, and local laws and safety regulations.

Saguaro relies in good faith on these representations and is not the licensor, insurer, or guarantor of any Service Provider's compliance. Customer is encouraged to verify a Service Provider's license and insurance independently if Customer wishes to confirm them. Saguaro disclaims liability arising from a Service Provider's failure to maintain required licensing or insurance, except to the extent such liability cannot be disclaimed under Arizona law.

Customer waives any claim against Saguaro based on a theory of negligent hiring, negligent retention, or negligent supervision of Service Providers, to the maximum extent permitted by Arizona law.

Customer agrees to indemnify, defend, and hold harmless Saguaro Pool Service, its owner Arseni Filon individually, its employees, agents, successors, assigns, and any future entity through which Saguaro operates (collectively, the "Saguaro Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) pre-existing pool, equipment, or property conditions at Customer's premises; (b) chemical applications by parties other than Saguaro or its Service Providers; (c) Customer's failure to follow written guidance, warnings, or recommendations from Saguaro; (d) injury to Customer's pets, livestock, or guests caused by their access to the pool area during a service visit; or (e) Customer's breach of these Terms.

This indemnification survives termination of service.

The flat monthly rate is quoted in writing after an initial walkthrough and confirmed in writing before service begins. The rate covers everything listed in Section 1 for a typical residential pool. Larger pools, attached spas, pools with non-standard equipment, or pools requiring substantially more time may be quoted at a different flat rate.

Invoices are issued monthly. Payment is due within 7 days of the invoice date by the methods stated on the invoice. Accounts more than 14 days past due may have service paused until the balance is cleared. Returned payments may incur a $25 fee.

Service is month-to-month. Either party may cancel with 7 days' written notice (text or email is sufficient). There is no long-term contract.

Customers may pause service (e.g. for travel) with 7 days' notice. We can run reduced chemistry-only visits during a pause to keep the water stable; pricing for reduced visits is quoted before the pause begins.

Visits already completed in the billing period are not refundable. Prepaid amounts for visits not yet performed will be refunded on cancellation.

The customer agrees to provide reasonable access to the pool area on the scheduled service day, including any gate code, key, or arrangement we agree to in advance. Pets must be secured during the service window. If access is unavailable on the scheduled day for reasons within the customer's control, the visit may be skipped without credit; we will notify the customer and reschedule when route capacity allows.

The customer is responsible for the safety of the property during service visits. Saguaro is not liable for damage caused by pre-existing conditions (loose pavers, broken tile, faulty gates, defective equipment, hazardous chemical storage by others) that we did not create or worsen.

Service may be rescheduled or briefly skipped due to severe weather (lightning, dust storms, high winds, monsoon flooding) or other events outside our reasonable control. Monthly billing is unaffected by individual weather skips. Routine debris cleanup after a storm is included in the regular weekly visit. Major green-pool recovery driven by a storm event may be priced separately and will be quoted in writing before work starts.

Pool chemicals are hazardous if mishandled. Saguaro and its Service Providers balance water using industry-standard targets and the test results recorded on each visit. Saguaro is not responsible for staining, scaling, plaster damage, equipment wear, or water-feature damage caused by: water conditions that pre-date our first service; chemicals applied by parties other than Saguaro or its Service Providers; Customer's failure to follow written warnings; or equipment that was already failing when service began.

If a developing equipment problem is identified, Saguaro will report it to Customer in writing (text or email). Saguaro does not perform repair work. Customer is responsible for arranging repair through a licensed Arizona contractor of Customer's choosing. Saguaro receives no referral fees, commissions, or kickbacks from contractors it refers.

To the maximum extent permitted by Arizona law, the aggregate liability of the Saguaro Parties for any claim arising out of or relating to service — whether sounding in contract, tort, statute, or otherwise — is limited to the total amount paid by Customer to Saguaro in the three (3) months preceding the date the claim arose.

In no event shall the Saguaro Parties be liable for indirect, consequential, incidental, special, or punitive damages, including loss of pool use, lost rental income, lost business opportunity, or replacement of personal property, even if advised of the possibility of such damages.

Nothing in these Terms limits liability for gross negligence or willful misconduct on the part of a Saguaro Party, or any other liability that cannot be limited under Arizona law.

Saguaro operates as an independent service provider in relation to Customer. Saguaro carries its own equipment, sets its own routes, and directs its own work. Nothing in these Terms creates an employment, partnership, joint-venture, or agency relationship between Saguaro and Customer.

These terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles. Any dispute arising from these terms or service will be resolved in the state or federal courts located in Pima County, Arizona, and the parties consent to that jurisdiction and venue.

We may update these terms from time to time. The effective date below reflects the most recent revision. Active customers will be notified of material changes via email or text at least 14 days before they take effect. Continued use of service after the effective date constitutes acceptance of the updated terms.

Questions about these terms should be directed to [email protected] or (520) 303-1771. Mailing address: 6901 E Broadway Blvd, Tucson, AZ 85710.