Terms and Conditions

Standard Terms and Conditions of Pool Service, Maintenance, and Subscription Offerings

Applicable to Residential and Commercial Customers.

By receiving or paying any invoice from us, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

1. What We Do – Weekly/Monthly Service (Included in Monthly Rate)

During each scheduled service visit we will, as needed:

  1. Perform expert chemical testing with industry-leading digital equipment and balance the water (add sanitizer, pH adjusters, and other basic chemicals as needed)
  2. Record and track all chemical readings
  3. Empty skimmer baskets, pump baskets, and leaf canisters (if present)
  4. Brush walls, steps, benches, and waterline tile
  5. Vacuum the pool floor
  6. Net the surface
  7. Backwash or recharge filters as needed
  8. Visually inspect and monitor equipment operation

Time on site

  1. Residential – up to 30 minutes
  2. Commercial – as needed

2. Service Frequency & Schedule

  1. Minimum of 48 visits per year (average of at least 4 visits per month)
  2. Service day(s) may be adjusted with advance notice, or with no notice at all in the event of labor shortage or other immediate business need.
  3. We do not perform full cleaning during rain; in the event it is safe to do so, we will provide only chemical testing, balancing, and basket emptying, in the event it is not safe to do so we will not come onsite and the day will not be made up
  4. We are closed on Memorial Day, Independence Day, Labor Day, Thursday through Sunday of Thanksgiving week, and December 25 through January 1.
  5. Two non-consecutive technician vacation weeks per year (typically autumn/winter) – total annual visits remain unchanged

3. Additional Services (Billed Separately at Then-Current Rates)

The following are required and billed add-on services:

  1. Filter cleaning (cartridge, DE, or sand)
  2. Salt cell cleaning (if applicable)
  3. Conditioner/stabilizer additions
  4. Chlorine tablet loading or specialty chemical treatments
  5. Phosphate remover, clarifiers, scale inhibitors, etc.
  6. Spa drain-and-refill (commercial accounts – minimum 4x per year or as required by health department)
  7. Annual specialty chemical costs
  8. Any and all replacement parts or other repairs

4. Repairs & Replacement Parts

  1. Minor wear-and-tear items (baskets, o-rings, weir doors, gauge, etc.) and any required repairs will be performed at then-current pricing for parts and labor.
  2. In the event of any repairs, emergency situations, hazards, dangers, or other issues identified with the pool or its equipment, you must immediately cease use of the pool, exit the water, and prevent access to the pool until the issue is fully resolved and we have confirmed in writing that it is safe to resume use. We shall not be responsible or liable for any injuries, damages, or losses arising from continued use of the pool while under repair, experiencing any issues, or not functioning correctly, regardless of whether such use was authorized or not.

5. Customer Responsibilities (Critical for Service)

  1. Maintain water level at mid-skimmer at all times (we do not add or remove water)
  2. Ensure gates are unlocked and latches function properly on service day (we cannot be responsible for our inability to access your property)
  3. Keep equipment area and deck clear of debris, pet waste, toys, furniture, and overgrown vegetation (we cannot be responsible for our inability to access your pool)
  4. Remove solar covers/blankets before service (we do not handle them)
  5. Clear standing water from automatic covers before service
  6. Provide safe access and working conditions for our technicians (we cannot service your pool in an unsafe environment)
  7. Failure to meet these responsibilities may result in partial service only and/or trip charges.
  8. Failure to follow any recommendations given to you by company (such as draining, maintenance or otherwise) may result in deterioration of equipment, deck, or other surfaces and may require additional work. The company will not be responsible for your failure to follow our recommendations.

6. Billing & Payment

  1. Invoices are issued monthly
  2. We offer convenient automatic credit/debit card billing – no paper invoices or checks required
  3. Payment is due upon receipt
  4. Late payments are subject to a late fee
  5. Returned payments incur a return fee
  6. Any and all invoices unpaid or returned due past 60 days will result in pause or cancellation of service.

7. Limited Warranty and Disclaimer

PAYAN POOL SERVICE SHALL PROVIDE THE SERVICES IN A TIMELY AND PROFESSIONAL MANNER CONSISTENT WITH INDUSTRY STANDARDS. PAYAN POOL SERVICE''S SOLE LIABILITY, AND YOUR SOLE REMEDY, FOR PAYAN POOL SERVICE''S BREACH OF THE FOREGOING WARRANTY SHALL BE THE REPERFORMANCE OF THE NON-CONFORMING SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PAYAN POOL SERVICE HEREBY DISCLAIMS ALL (AND HAS NOT AUTHORIZED ANYONE TO MAKE ANY) WARRANTIES RELATING TO PAYAN POOL SERVICE''S SERVICES OR OTHER SUBJECT MATTER OF THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES ARE NOT RELYING AND HAVE NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE SUBJECT MATTER OF THIS AGREEMENT, EXPRESS OR IMPLIED.

8. Limitations of Liability

  1. We are not responsible for pre-existing equipment failures, code violations, or construction defects created by others.
  2. Natural calcium/scale buildup on tile, rockwork, or water features is not covered under routine service (descaling available upon request).
  3. Commercial pools without chemical automation systems may incur additional fees if shut down by the health department due to chemistry violations.
  4. Our liability for any claims, damages, losses, or expenses arising out of or related to our services, including but not limited to negligence, breach of contract, or otherwise, shall be limited to the greater of: (i) the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) the fees paid by you for the specific work or service that is the subject of the claim. In no event shall our aggregate liability exceed the limits of our applicable insurance coverage, and we shall not be liable for any amounts in excess of such insurance limits.
  5. We are not responsible for ensuring code compliance of your pool, equipment, or premises unless explicitly agreed upon in writing or specifically mandated by applicable law.
  6. We do not inspect, replace, or maintain signage, including but not limited to safety, warning, or regulatory signs.
  7. We do not inspect, test, or assume responsibility for the safety, condition, or functionality of pool accessories such as diving boards, slides, ladders, handrails, or any other non-essential features unless such services are explicitly included in these Terms or specified on our invoices.
  8. Our responsibility is strictly limited to the specific services set forth in these Terms or as expressly indicated on our invoices. We shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of use, loss of profits, or property damage, even if advised of the possibility of such damages.
  9. You agree to indemnify, defend, and hold us harmless from any claims, liabilities, damages, or expenses arising from your failure to comply with these Terms, including but not limited to improper pool use during repairs or issues, or failure to maintain safe conditions.
  10. You are fully responsible, without limitation, for any safety, security, or other issues at your property and any harm injury or loss that occurs to our employees, company, service providers, or the like as a result of your actions, inactions, negligence (gross or otherwise) at your property.
  11. IN THE EVENT OF ANY CLAIMS OR LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOU HEREBY AGREE THAT YOU CAN ONLY BRING CLAIMS ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR REPRESENTATIVE BASIS.

9. Term & Termination

  1. Service continues month-to-month
  2. Either party may terminate with 14 days'' written notice
  3. Monthly rate increases will be communicated at least 30 days in advance
  4. Prices for chemicals, add-ons, and repairs are subject to change without notice

10. Contact Us

  • Standard customer line: (619) 449-1392
  • Standard customer email: [email protected]
  • Emergencies should be communicated to our standard customer line, and followed up by an email and/or text message
  • For Medical or other life threatening emergencies please dial 911

Thank you for trusting Payan Pools, California''s cleanest, clearest, hassle-free pool service!

Call (619) 449-1392