The Hot Tub Service Terms and Conditions (“Agreement”) are made effective as of the signed date of the Jobber Quote. Completion of the work shall be billed as agreed upon in the Jobber Quote. The initial deposit – as agreed upon in the Jobber Quote – is due before the commencement of work.

Services Provided

Wheatley Creek Services (“Service Provider”) agrees to perform hot tub cleaning and maintenance services at the property address outlined in the Jobber Quote, as specifically outlined in this Agreement. These services are intended to ensure the cleanliness and proper functioning of the hot tub for private residences and short term rental (STR) guests.

Cleaning Schedule

Private Residence: The hot tub will be cleaned regularly upon request, with a minimum service call of twice a month.

Short Term Rentals (STRs): The hot tub will be cleaned regularly after the departure of each short-term rental guest. The cleaning schedule will be coordinated with the Client’s rental schedule to ensure minimal disruption.

Standard Hot Tub Cleaning Services

Standard hot tub cleaning services will include:

• Adjusting chemical levels
• Adding water as needed
• Removing snow off cover when needed
• Cleaning tub and cover as needed
• Vacuuming out debris
• Rinsing filters as needed
• Chemicals are included

Add-ons:

• Drain, Clean, and Fill Services
• Spa Filters and Chlorine Floaters
• Hot Tub Covers, Lifters, and Stairs
• Snow Removal
• Surcharge for Additional Stairs

Drain and Refill Policy

The Service Provider will drain and refill the hot tub as needed. On average, drain and fills are needed every 3-6 months for private residences and once a month for STRs. Additional time will be charged at a per-hour rate past the first hour. Extra time may be due to oversized hot tubs, poor water pressure, hard-to-access water sources, or a cleaning that requires special attention.

Additional Services

The Service Provider can provide additional services, such as repairs or upgrades, upon request. These services will be quoted separately and require the Client’s approval before commencement.

Chemicals

The Service Provider cannot guarantee the safety and effectiveness of chemicals purchased elsewhere. We strongly recommend purchasing your products from Wheatley Creek Services for these reasons.

Prohibition on Chemical Addition by Guests

The Client agrees to ensure and shall inform all guests that under no circumstances are guests permitted to add chemicals or any foreign substances to the hot tub. This rule is imperative for maintaining the hot tub’s safety, balance, and proper functioning of the hot tub. Non-compliance with this rule may result in additional cleaning or repair fees and could lead to termination of the Agreement. The Service Provider reserves the right to inspect the hot tub for compliance and to take necessary actions to correct any imbalances or damages caused by unauthorized chemical additions.

Guest Usage Rules and Responsibilities

1. Posting of Rules: The Client, as the property owner, agrees to prominently display a set of hot tub usage rules in a visible area near the hot tub. These rules include, but are not limited to, information regarding health risks, safety risks, appropriate behavior, and maintenance requirements.
2. Health and Safety Risks: The posted rules must clearly state the health and safety risks associated with hot tub use, including the risks to individuals under the influence of drugs or alcohol, pregnant women, and those with certain health conditions. It must be emphasized that such individuals should consult with a healthcare professional before using the hot tub.
3. Supervision of Children: The rules must specify that an adult must supervise children near or using the hot tub.
4. Temperature Regulation: The rules should state that the hot tub temperature must not exceed 104 degrees Fahrenheit and that guests are prohibited from adjusting the temperature beyond this limit.
5. Acknowledgment of Risks and Waiver of Claims: Guests must acknowledge the risks associated with hot tub use. By using the hot tub, guests agree to assume all responsibility for these risks and waive any claims against the Owner and the Service Provider for any incidents or accidents related to the hot tub use.
6. Responsibility for Damages: Guests must agree that they are responsible and liable for any damages to the hot tub during use. The Client has the right to request compensation from the guest for any such damages, and additional fees may be applied as necessary.
7. Hot Tub Cover Usage: After each use, guests must securely place the hot tub cover back on to maintain cleanliness, safety, and energy conservation.
8. Pre-Use Shower Requirement: Guests are strongly advised to shower before entering the hot tub to ensure the water remains clean and to reduce the introduction of contaminants.

Compliance and Enforcement

Failure to adhere to these rules may result in additional fees, termination of the guest’s stay, or other actions deemed necessary by the Client. It is the Client’s responsibility to enforce these rules for the safety and enjoyment of all guests.

Damages

The service provider is not responsible for any equipment damages resulting from insufficient water levels in the hot tub. It is your responsibility to maintain the water level in your hot tub.

Fees and Payment

The Client agrees to pay the Service Provider a regular service fee per cleaning as outlined in the Jobber Quote. Payments are due within 5 days of the invoice date. Auto-payments can be set up for easier payment options. Late payments are subject to late fees.

Access to Hot Tub

The Client agrees to provide the Service Provider with the access necessary to perform services during normal working hours and without interruption, including, without limitation, providing the Service Provider with any necessary keys or passcodes. If the Service Provider tech, in its sole discretion, deems it unsafe to proceed onto Client’s property or deems that they cannot reasonably access the hot tub, Client agrees that it will nevertheless pay for the Services.

Pets

If the Client has pets, the Client agrees to have them inside the house or restrained on the Service Day. If pets are present when the Service Provider tech arrives to perform service, the Client agrees to accept full responsibility for and pay all costs associated with harm to Wheatley Creek Services employees and/or the Client’s pet(s) in the event of an altercation between the Service Provider employee and the pet(s).

Snow

The Client agrees to have a cleared driveway for the Service Provider tech to park in and remove snow from the Hot Tub’s cover and surroundings so we can access it. If the tech needs to and is willing to remove more than 6” of snow, the Client agrees to pay additional charges for snow removal.

Water

The client agrees to provide Wheatley Creek Services with instructions in advance of service as to which water source Wheatley Creek Services should utilize in performing the service. The client also agrees to maintain all outdoor piping associated with the hot tub and prevent such piping from freezing or leaking. The Service Provider is not responsible for any frozen or leaking pipes or faucets on the Client’s property.

Term of Agreement

This Agreement shall commence on the above effective date and shall continue until terminated by either party with 30 days written notice.

Liability and Insurance

The Service Provider shall maintain liability insurance and shall not be held responsible for damages beyond the coverage of its insurance policy.

Independent Contractor Status

The Service Provider is engaged as an independent contractor. Nothing in this Agreement shall be construed as creating an employer-employee relationship.

No Guarantee or Warranty

The services cannot eliminate the occurrence of events they are intended to prevent, including repairs to the hot tub, problems with the hot tub, and or any other issues of whatever kind associated with the hot tub. Wheatley Creek Services makes no guarantee or warranty, including any implied warranty of merchantability or fitness for a particular purpose, that the services will prevent issues with the hot tub. The Service Provider does not undertake any risk that the Client or its property, or the person or property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with the Client.

Waiver and Indemnification

Except for any injury or damage to persons or property that is caused by Wheatley Creek Services gross negligence, fraudulent conduct, or willful misconduct, Wheatley Creek Services is not responsible for any damages, claims, causes of action, fines, penalties, expenses, or any liability of whatever nature incurred by Client (a) as a result of performance of this Agreement; or (b) as a result of Wheatley Creek Services work for Client, including, without limitation, water intrusion, mold, fungi, wet or dry rot that may result therefrom. If any other person, including Client’s subrogation insurer, makes any claim or files any lawsuit against Wheatley Creek Services in any way related to this Agreement or Wheatley Creek Services work for Client, Client agrees to indemnify, defend, and hold Wheatley Creek Services harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs, and attorneys’ fees.

Assignment

The Client may not assign this Agreement without Wheatley Creek Services’ prior written consent. On the other hand, Wheatley Creek Services has the right to assign this Agreement or subcontract any of its obligations under this Agreement without the Client’s approval and without notice to the Client.

Force Majeure

Except for the payment of amounts owed hereunder by Client, if the performance of any part of this Agreement by either party is prevented, hindered, delayed, or otherwise made impracticable because of any flood, riot, fire, judicial or governmental action, acts of terrorism or war, labor disputes, act of God or any other causes beyond the control of such party, that party will be excused from such to the extent that it is prevented, hindered or delayed by such causes. Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Colorado. The Parties agree that jurisdiction and venue for any action arising out of or related to this Agreement shall rest exclusively with the County Court or District Court for Grand County, Colorado, except that the Parties may agree to mediate or arbitrate any disputes. As determined by a court of competent jurisdiction, the prevailing party in any dispute arising from or related to this Agreement will be entitled to its attorney’s fees and costs.

Miscellaneous

This Agreement constitutes the entire agreement between the parties.

Effective as of January 01, 2022.

Updated August 28, 2024.