1. Introduction
Welcome to Montrose Spa Care, LLC (“MSC,” “we,” “us,” or “our”). By engaging our pool and spa maintenance and repair services, you (“client,” “you,” or “your”) agree to the terms and conditions outlined in this Terms of Service (“TOS”). These terms govern the relationship between MSC and you regarding the care and upkeep of your pool and/or spa. Please read these terms carefully before using our services.
2. Scope of Services
MSC provides professional maintenance and repair services for pools and spas to ensure optimal performance, safety, and longevity of your system. Our maintenance personnel are led by Certified Hot Tub Technicians (CHTT) and Certified Pool/Spa Operators (CPO), accredited by the Pool & Hot Tub Alliance. Our services include, but are not limited to:
Standard Maintenance Services:
- Testing and adjusting water balance to proper levels for bather safety and equipment protection.
- Testing and adjusting disinfectant levels to provide sanitized water.
- Measuring and adjusting water levels for proper system operation.
- Checking filter pressure, and cleaning filters and pump strainers as needed.
- Cleaning minor dirt deposits, such as waterline “rings,” and vacuuming sunken particles.
- Cleaning the outer cabinet, stairs, and cover.
- Inspecting and reporting any malfunction or damage to the system when discovered.
- Providing logs or reports of findings and system conditions.
Repair and Technical Services:
- Troubleshooting and diagnosing system malfunctions.
- Repairing, replacing, and installing parts and equipment as needed to restore functionality.
- Addressing emergency conditions identified during service to prevent further damage to the system or surrounding structures.
Exclusions:
- Services or materials beyond the standard maintenance described above, unless agreed upon in writing.
- Major structural repairs, full system replacements, or renovations not covered under standard maintenance or repair agreements.
- Issues caused by pre-existing damage, improper use, or lack of maintenance prior to MSC’s involvement.
3. Additional Services
MSC may offer additional services on an as-needed basis, which are not included in standard maintenance. These may include, but are not limited to:
- Replacement of recirculation system filter media (cartridge or sand).
- Replacement of portable spa covers.
- Installation of cover lifts.
- Snow removal from covers and equipment when necessary to access the system.
- Other maintenance or repair tasks as required or requested.
4. Client Responsibilities
To ensure effective and safe service delivery, the client agrees to:
- Provide safe and clear access to the portable spa and related equipment, including electrical disconnects and water supply.
- Notify MSC of any known issues, damages, or previous repairs to the system prior to service.
- Remove pets, obstructions, or hazards from the service area during scheduled visits.
- Maintain proper storage for spa chemicals (if applicable) in a weatherproof, lockable, and accessible container.
- Ensure the system is functioning properly at the start of service engagement, or inform MSC of any pre-existing issues.
MSC is not responsible for delays, inability to perform services, or additional complications caused by the client’s failure to fulfill these responsibilities.
5. Conditions of Service
The following conditions apply to all services provided by MSC:
- Safe access to the system and equipment must be provided by the client. Additional efforts required due to complicated or inaccessible conditions may result in service limitations or delays.
- When excessive snow or other environmental barriers prevent access to the equipment, MSC will make reasonable efforts to address the obstruction, but the client acknowledges that additional time or resources may be necessary.
- MSC will provide all service and repair work for the system unless otherwise agreed upon in writing.
- The client agrees to hold MSC harmless from any claims arising from damage to the equipment or premises, except in cases of gross negligence or misconduct by MSC.
- The client acknowledges that water in portable spas creates humidity and agrees to hold MSC harmless from any claims arising from damage due to excessive humidity.
- Emergency conditions identified during service will be addressed immediately, if possible, to prevent further damage to the system or surrounding structures. Non-emergency conditions requiring significant repair will be reported to the client for approval before work commences.
- MSC reserves the right to suspend service for accounts that become significantly overdue, pending resolution of payment issues.
- If applicable, the client must provide proper and safe storage for spa chemicals as outlined in client responsibilities.
6. Repair Warranty and Limitations
- MSC provides a limited warranty on parts and labor for repairs, covering defects in materials or workmanship. Specific warranty terms will be communicated at the time of repair.
- The warranty does not cover damage caused by improper use, lack of maintenance, misuse of the spa or equipment, or external factors such as extreme weather, natural disasters, or vandalism.
- MSC is not responsible for the failure of equipment or systems due to pre-existing damage, wear and tear, or improper installation by third parties.
- If the client requests the use of third-party or client-supplied parts, MSC is not responsible for the quality, performance, or warranty of those parts.
7. Liability Disclaimer
- MSC is not liable for damages to the portable spa, equipment, or property due to pre-existing conditions, improper maintenance outside of our services, or equipment failure not caused by our work.
- MSC is not responsible for issues caused by extreme weather, natural disasters, or other factors beyond our control.
- While MSC takes every precaution to ensure the safety of your property, minor cosmetic or incidental damage may occur during routine maintenance or repair and is considered normal wear and tear.
8. Force Majeure
MSC is not responsible for delays or failure to perform services due to events beyond our control, including but not limited to extreme weather, natural disasters, acts of government, or labor shortages.
9. Governing Law
This TOS is governed by the laws of the State of Colorado. Any disputes arising from these terms will be resolved in the courts of Colorado.
10. Changes to Terms
MSC reserves the right to update or modify these terms at any time. Changes will be communicated directly to clients or posted on our website. Continued use of our services after changes are made constitutes acceptance of the updated terms.
11. Acceptance of Terms
By engaging MSC’s services, you acknowledge that you have read, understood, and agree to these Terms of Service. If you do not agree, please refrain from using our services.
12. Contact Information
If you have any questions about these terms or our services, please contact us at:
Montrose Spa Care, LLC
Phone: 970-596-5448
Email: help@montrosespacare.com