Last Updated: 07-30-2026
These Terms are intended to supplement, and not waive, any rights or obligations that cannot lawfully be waived under applicable law. If any provision conflicts with a mandatory requirement of Texas law, the mandatory requirement will control only to the extent of the conflict, and the remaining provisions will remain in effect.
Nothing in these Terms is intended to waive any consumer right, statutory cancellation right, warranty, remedy, notice requirement, or other protection that cannot legally be waived.
Residential recurring service remains in effect until the expiration of a 30-day written notice period. The notice period begins when Blue Olive Pools receives the customer's written cancellation notice.
Regular service charges continue during the 30-day notice period, and Blue Olive Pools will remain ready and available to perform the contracted services during that period.
A customer's request that Blue Olive Pools discontinue entry onto the property or stop performing service before the notice period expires does not shorten the contractual notice period or eliminate charges otherwise due for that period.
Commercial, short-term rental, property-management, and other business-related recurring service remains in effect until the expiration of a 60-day written notice period following receipt of written cancellation notice.
Regular contractual charges continue during the notice period, and Blue Olive Pools will remain ready and available to perform the contracted services.
The classification of an account under this Agreement does not waive any statutory right that applicable law makes nonwaivable.
Deposits for repairs, installations, renovations, and other non-recurring projects are intended to secure scheduling capacity and fund project-related preparation, procurement, administration, mobilization, materials, equipment, subcontractor commitments, and other costs associated with the approved work.
Except when applicable law requires otherwise, after any applicable statutory cancellation period has expired, Blue Olive Pools may retain from amounts paid:
If Blue Olive Pools' reasonable project costs and commitments exceed the amount already paid, the customer remains responsible for the additional amount.
If applicable law requires the return of any unearned or uncommitted portion of a deposit, Blue Olive Pools will return that portion as required by law. This provision is intended to compensate Blue Olive Pools for actual work, costs, commitments, and reasonably foreseeable losses arising from cancellation and is not intended as a penalty.
Payment of a deposit constitutes authorization for Blue Olive Pools to undertake project preparation and procurement after expiration of any applicable statutory cancellation period, unless the customer separately authorizes work that may lawfully begin sooner.
If a transaction is subject to a statutory cancellation or rescission period, including an applicable Texas home-solicitation law, the customer's statutory cancellation rights control.
Where required by law, Blue Olive Pools will provide the applicable cancellation notice and cancellation forms.
Unless an applicable legal exception permits otherwise, Blue Olive Pools may defer significant performance, special-order procurement, or other nonrecoverable commitments until the statutory cancellation period has expired.
Estimates and proposals are based upon conditions reasonably visible or known when the work is evaluated.
The original price does not include concealed, inaccessible, latent, unknown, deteriorated, improperly installed, or pre-existing conditions unless expressly identified in the written scope of work.
Examples include concealed plumbing leaks, damaged underground lines, deteriorated plumbing, improper prior repairs, electrical deficiencies, structural or bond-beam damage, deteriorated decking or coping, failed waterproofing, groundwater conditions, unstable soil, obsolete equipment, hidden corrosion, and conditions beneath plaster, tile, concrete, decking, soil, equipment, or other finishes.
Discovery of such a condition may require additional work, materials, equipment, subcontractors, engineering, permits, testing, or other services and may result in a Change Order, additional charges, or an extension of the project schedule.
Blue Olive Pools is not required to absorb the cost of correcting conditions outside the approved scope of work.
If a newly discovered condition prevents the work from being completed safely or properly and the customer declines the reasonably necessary corrective work, Blue Olive Pools may suspend the affected work. The customer remains responsible for work completed and costs or commitments incurred through the date of suspension.
The customer agrees that the parties may conduct project-related transactions electronically.
A Change Order or authorization may be accepted through an electronic signature, customer portal, email, text message, or other electronic communication attributable to the customer or the customer's authorized representative.
A material Change Order should identify the additional or modified scope of work and the associated price or pricing method.
An affirmative written response approving that Change Order constitutes authorization to proceed.
Blue Olive Pools is not required to perform additional or changed work until the customer provides authorization and any required additional payment or deposit.
Emergency work reasonably necessary to prevent immediate property damage or a significant safety hazard will be handled in accordance with applicable law and any authorization reasonably available under the circumstances.
Blue Olive Pools will perform its repair and installation services in a good and workmanlike manner consistent with generally accepted practices applicable to the work being performed.
This workmanship obligation does not cover failures or damage caused by defective equipment or materials not supplied by Blue Olive Pools; customer or third-party modifications; improper operation; failure to maintain the pool or equipment; improper water chemistry caused by circumstances outside Blue Olive Pools' control; freezing; flooding; lightning; electrical supply problems; normal wear; pre-existing defects; concealed conditions; manufacturer defects; or other causes unrelated to Blue Olive Pools' workmanship.
The customer must provide Blue Olive Pools with reasonable written notice of an alleged workmanship defect after discovery and a reasonable opportunity to inspect the alleged condition.
Where permitted by law and reasonably capable of correction, Blue Olive Pools will have a reasonable opportunity to repair or re-perform defective workmanship before the customer engages another contractor to perform the same corrective work.
Nothing in this provision eliminates a right or remedy that applicable law makes nonwaivable.
Equipment supplied by Blue Olive Pools may carry a manufacturer's warranty. Manufacturer warranty coverage, approval, replacement, freight, and other benefits are governed by the manufacturer's terms.
A manufacturer's parts warranty does not automatically include Blue Olive Pools' diagnostic, removal, shipping, reinstallation, programming, travel, or other labor unless expressly stated.
For customer-supplied equipment, Blue Olive Pools warrants its own installation workmanship but does not warrant the quality, compatibility, merchantability, condition, performance, durability, or manufacturer warranty of the customer-selected product except to the extent such responsibility cannot legally be excluded.
Additional labor caused by defective, incomplete, incorrectly sized, incompatible, or failed customer-supplied equipment may be separately chargeable.
The customer must provide reasonably safe access to all areas required for the work and must disclose known hazards, privately installed utilities, irrigation lines, landscape lighting, septic components, drainage systems, electrical lines, gas lines, communication lines, or other concealed improvements that could affect the work.
Blue Olive Pools will exercise reasonable care while performing the contracted work.
The customer acknowledges that excavation, demolition, leak repair, plumbing access, equipment movement, and renovation work may necessarily disturb landscaping, sod, decking, concrete, stone, irrigation, fencing, finishes, or other improvements.
Unless specifically included in the approved scope, restoration of such areas is not included in the contract price.
To the extent permitted by law, Blue Olive Pools is not responsible for pre-existing damage, latent conditions, or damage to undisclosed or inaccurately located concealed improvements that could not reasonably have been identified before work began.
Nothing in this provision releases Blue Olive Pools from liability that applicable law does not permit it to disclaim.
To the fullest extent permitted by law, the customer is responsible for losses, additional costs, or damage to the extent caused by the acts or omissions of the customer, occupants, tenants, guests, property managers, animals, contractors, landscapers, electricians, plumbers, builders, or other persons outside Blue Olive Pools' control.
This provision does not require the customer to indemnify Blue Olive Pools for Blue Olive Pools' own negligence or other liability that applicable law prohibits from being shifted to the customer.
Invoices are due according to the payment terms stated in the applicable agreement, estimate, proposal, invoice, or Change Order.
Past-due amounts may accrue interest or late charges only to the extent expressly agreed and permitted by applicable law. Any contractual interest or late charge will not exceed the maximum amount legally permitted.
Where Texas Property Code Chapter 28 applies, payment rights, interest, and remedies will be governed by that chapter to the extent required by law.
Blue Olive Pools may suspend future services or work on a past-due account when permitted by the applicable agreement and law. Suspension does not eliminate the customer's obligation to pay for properly authorized work, materials, equipment, or services previously furnished.
Reasonable collection costs, court costs, and attorney's fees may be recovered to the extent authorized by contract and applicable law.
A card or other payment method may be charged only pursuant to the customer's applicable payment authorization.
Recurring service charges authorized by the customer may be charged as they become due.
Repair, equipment, renovation, Change Order, or other non-recurring charges may be charged only when covered by the customer's payment authorization, approved proposal, Change Order, or other written authorization.
Revocation of authorization for future automatic payments does not itself cancel the underlying service agreement or shorten an applicable cancellation-notice period.
When Texas Property Code Chapter 27 applies to the project, the parties' rights and obligations are subject to that chapter.
Before filing a lawsuit or initiating arbitration based upon an alleged construction defect, the residential property owner may be required to provide Blue Olive Pools with the written notice required by Chapter 27, including a reasonable description of the claimed defects, and to allow Blue Olive Pools the statutory opportunity to inspect the property and make an offer to repair or otherwise resolve the claim.
Nothing in this Agreement is intended to reduce any notice, inspection, repair, settlement, or other right available to Blue Olive Pools under Chapter 27.
The project-specific residential construction agreement should contain the notice required by Texas Property Code §27.007 in the format and type size required by law.
For residential construction or renovation work subject to special Texas statutory requirements, Blue Olive Pools may require a separate written project agreement, statutory disclosure, owner acknowledgement, spouse signature, construction-fund documentation, payment affidavit, lien notice, or other document required to preserve the parties' rights and comply with Texas law.
The customer's acceptance of general Terms of Service does not replace any additional document required by law for a particular residential construction project.
For project-specific matters such as scope, specifications, price, payment schedule, and selected equipment, the signed estimate, proposal, project agreement, and approved Change Orders control over inconsistent general language in these Terms.
These Terms continue to govern matters not specifically modified by a project document.
If a court or other authority determines that a provision of these Terms is unenforceable, that provision will be enforced to the maximum extent legally permitted or severed to the minimum extent necessary, and the remaining provisions will continue in effect.
Blue Olive Pools' decision not to enforce a contractual right on one occasion does not waive that right on another occasion.