Legal

Terms of Service

Last Updated: 08-26-2026

Welcome to Blue Olive Pools. These Terms of Service explain how recurring pool service, repairs, and related work are delivered and billed. By accepting a proposal, starting service, or continuing service, you agree to these terms. If you have questions, contact us before booking service.

Definitions

“We,” “us,” “our” means Blue Olive Pools. “You,” “client,” “customer” means the property owner, manager, or financially responsible party. “Recurring service” means scheduled cleaning and maintenance visits. “Repair work” means diagnostic or corrective work that is quoted separately from recurring service. “Trip fee” means a separate, unscheduled visit that is not a repair call. Peak season is March through October. Off-season is November through February.

Service Areas

We serve the Texas Hill Country and surrounding areas, with core service centered in Leakey, Rio Frio, Concan, and Uvalde. Expanded coverage includes Camp Wood, Utopia, Vanderpool, Hunt, Ingram, Mountain Home, Bandera, Kerrville, Boerne, Bulverde, Fredericksburg, Blanco, Wimberley, Dripping Springs, New Braunfels, Canyon Lake, Marble Falls, Horseshoe Bay, Castroville, Hondo, and surrounding areas.

Maintenance Schedules (Recurring Service)

Service frequency is customized based on your pool, equipment, water source, weather, environmental factors (pollen, falling leaves, pecans, acorns), pets, and for STR and commercial clients, turnover patterns and guest usage.

Residential customers: Peak season minimum weekly service; off-season bi-weekly service. Commercial and vacation rental customers: Peak season up to twice weekly based on turnover needs; off-season once weekly.

Scheduling for STRs and commercial: To support the best results, provide guest check-in and check-out schedules in advance. Short-notice requests (less than two business days before check-in) may not be guaranteed and may incur an additional trip fee if a separate visit is required.

Trip Fee for Unscheduled Non-Repair Visits

If a separate, unscheduled trip is needed for a non-repair item, including but not limited to equipment resets, follow-up water testing, or light troubleshooting outside of regular service, these visits are billed at $85 per trip and added to your invoice. This trip fee does not apply to minor or major repair calls, which are quoted and handled separately.

Excessive Chemical Usage

If a residential, commercial, or vacation rental pool requires excessive chemicals due to guest neglect, misuse, or damage, the owner is responsible for added costs. We will communicate what is needed to return the pool to safe operating condition and any additional fees required to remedy the situation.

Water Chemistry & Hard Water Disclaimer

Proper water chemistry is essential to the safe operation and longevity of all pool equipment. Blue Olive Pools is not responsible for damage, scaling, corrosion, heat exchanger failure, reduced efficiency, or premature equipment failure caused by improper water chemistry, high calcium hardness, aggressive water, low pH, high total dissolved solids (TDS), freezing, misuse, neglect, or failure to maintain the pool according to manufacturer specifications.

Manufacturer warranties may be denied or voided if water chemistry is maintained outside the manufacturer’s published operating ranges. The customer is solely responsible for maintaining proper water chemistry after installation.

Blue Olive Pools warrants its workmanship only. Equipment warranties are provided solely by the manufacturer and remain subject to the manufacturer’s terms, conditions, exclusions, and water chemistry requirements.

Billing

Flat monthly rate (steady billing): We bill a steady monthly rate determined by averaging high-season and off-season service requirements to create a consistent monthly bill. Legacy plan transition (if applicable): Current clients who previously had separate high and off-season rates transitioned to the averaged monthly rate beginning January 2025.

Payment Terms

Invoices are generated on the first day of each month for services provided in the previous month. Payments are due upon receipt. The initial month is prorated if service begins after the first day of the month. We accept all major credit cards and ACH autopay, and recommend ACH autopay to reduce transaction fees. A credit card must be kept on file to initiate service.

Late Fees and Non-Payment

Payments are required upon receipt by the 1st of the month following the invoice date for services provided during the previous month. If payment is not made within 30 days, a late fee of 25% of the monthly service charge will be applied each week. Service will cease after 60 days of non-payment.

Cancellation

Cancellation notice must be provided in writing (email is acceptable). Residential pools require a 30-day written notice. Commercial and vacation rental pools require a 60-day written notice.

After-Hours and Emergencies

If a call or repair is needed outside of standard service hours: If the issue is caused by guest misuse or negligence, an after-hours fee of $125 applies, plus any costs for parts and repair time. If the issue is not due to guest actions, we charge only for parts and time. In most cases, after-hours calls are scheduled for the next morning unless urgent attention is needed to prevent further damage or address safety concerns.

Pool Access and Service Requirements

We do not service stand-alone hot tubs, above-ground pools, or pools without operational floor drains. If your property does not meet these requirements, service may be paused until corrected.

Repair Deposits and Repair Billing

For repairs: The owner, manager, or financially responsible party must approve the estimate and pay for essential parts before work begins. Labor is invoiced once repairs are completed and is payable upon receipt. We provide an estimate and list of required items, and if requested, we can procure and order items.

Rate Adjustments

We conduct an annual review of pricing to align with rising operational costs and service standards. When necessary, rate increases are capped at 10% annually and communicated with at least 30 days’ notice. Clients with legacy or below-minimum pricing may see larger adjustments as accounts are brought in line with current service minimums.

Time-Based Billing

Included time per visit: Residential pools (once per week) include up to 1 hour per visit. Commercial and vacation rental pools (up to twice per week) include up to 1 hour per visit (or up to 2 hours total per week). If a pool requires more than 1 hour during any visit, additional time will be billed on your monthly invoice at $30 per additional 30 minutes, rounded to the nearest 30 minutes. Time is tracked using before and after photos and our pool management system. If a pool begins requiring more time regularly, we will contact you to discuss options before additional charges become consistent.

Service Plan Pricing

Residential pool service starts at $200+/month. Short-term rental and commercial pool service starts at $300+/month.

STR Service Plans

Short-term rental service plans include up to two scheduled visits per week, based on the guest turnover schedule and service needs as determined by Blue Olive Pools. Additional visits or cleanings beyond the included frequency are billed separately on a per-trip basis.

Additional Trips

Additional trips start at $85 per visit and may increase based on pool condition and the scope of work required, including heavy debris, post-storm cleanup, excessive chemical treatment, filter cleaning, extended time on site, guest-related usage, or other non-routine service needs.

Calcium Removal

Calcium removal on tile or stone is not included in standard weekly maintenance and requires a separate visit. This service typically starts at $250, depending on severity and job size. We can provide a quote before work begins.

Customer-Supplied Equipment Policy

If the client is supplying all major equipment for a project, Blue Olive Pools is not responsible for compatibility, performance, or manufacturer defects of customer-provided parts. No warranty is provided on customer-supplied equipment; labor is warrantied for workmanship only for a period of 365 days. If parts are incorrect, missing, or incompatible, additional labor will be billed at $150/hour, or a return trip fee starting at $85+ will apply. Any delays or additional work caused by customer-supplied parts will be billed accordingly.

Insurance

Blue Olive Pools maintains comprehensive liability insurance coverage to provide peace of mind and protect clients in the event of unforeseen issues during maintenance or repair work.

Service Limitations (No Refunds for Uncontrollable Factors)

Service may be impacted by conditions beyond our control, including road construction or access blockages, water restrictions, pool usage by guests during scheduled service, nationally observed holidays, uncontained pets, and inclement weather. We cannot offer refunds or discounts due to service limitations caused by circumstances beyond our control.

Holidays and Time Off

We observe closures on major holidays and may take a planned vacation period of up to one month each year, which may affect schedules. We do not take time off during spring break or from Memorial Day to Labor Day, except in emergency situations. Clients will receive notification of schedule changes due to holidays or planned time off. No discounts or refunds are issued for holiday closures or scheduled time off when proper notice is given.

Data Protection and Confidentiality

We do not disclose client financial information or personally identifiable information to third parties unless we have explicit permission from the financially responsible individual or as required by law.

Amendments to These Terms

We may update these Terms when necessary. The most current version is posted on this page.

Acceptance of Terms

New customers: Acceptance of our service proposal signifies agreement to these Terms. Current customers: Notification of these Terms and continuation of services indicates acceptance of these Terms.

STATUTORY RIGHTS AND APPLICABLE LAW

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.

RECURRING SERVICE CANCELLATION

Residential Accounts

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 and Short-Term Rental Accounts

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.

PROJECT DEPOSITS, RESERVATION OF CAPACITY, AND PROCUREMENT

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:

  1. Amounts reasonably attributable to project planning, measurements, scheduling, administrative work, procurement, mobilization, and other services already performed;
  2. The cost of materials, equipment, specially ordered items, fabricated items, freight, delivery, permits, or supplies purchased or irrevocably committed for the project;
  3. Restocking, cancellation, return-shipping, supplier, subcontractor, or similar charges resulting from cancellation;
  4. Labor and services already performed; and
  5. Other reasonable, documented costs or commitments incurred in reliance upon the customer's authorization to proceed.

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.

STATUTORY CANCELLATION RIGHTS

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.

CONCEALED, UNKNOWN, AND PRE-EXISTING CONDITIONS

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.

CHANGE ORDERS AND ELECTRONIC AUTHORIZATION

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.

WORKMANSHIP AND OPPORTUNITY TO CORRECT

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.

MANUFACTURER AND CUSTOMER-SUPPLIED EQUIPMENT

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.

PROPERTY ACCESS AND PRE-EXISTING PROPERTY CONDITIONS

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.

CUSTOMER AND THIRD-PARTY RESPONSIBILITY

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.

PAYMENT, PAST-DUE ACCOUNTS, AND SUSPENSION

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.

CARD-ON-FILE AUTHORIZATION

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.

TEXAS RESIDENTIAL CONSTRUCTION CLAIM NOTICE

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.

PROJECT-SPECIFIC RESIDENTIAL CONSTRUCTION REQUIREMENTS

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.

ORDER OF DOCUMENTS

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.

SEVERABILITY AND NO WAIVER

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.

Contact

Blue Olive Pools, 3088 Ranch Road 1120 Suite 1, Rio Frio, TX 78879 (Inside Rio Bella Resort). Phone: (830) 222-6211. Email: info@blueolivepools.com