Drain Waiver

Drain Waiver

This Drain Waiver Agreement (this “Agreement“) is a binding contract between you (“I,” “ME,” “MY“, and “Customer”) and 41 Platinum Pools an Arizona Limited Liability Company with offices located at 3300 N Hayden Rd, Palmdale, CA 85251 (“Company,” “we,” or “us“). This Agreement governs user review submissions for the website and other marketing purposes.

THIS AGREEMENT TAKES EFFECT WHEN I CLICK THE “I ACCEPT” BUTTON BELOW (the “Effective Date“). BY CLICKING ON THE “I ACCEPT” BUTTON BELOW (A) I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT I HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT I HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT I AM LEGALLY BOUND BY ITS TERMS.

IF I DO NOT AGREE TO THESE TERMS, MY POOL WILL NOT BE DRAINED, AND I WILL NOT RECEIVE THE SERVICES DISCUSSED.

Information and Process for Customer for the pool drain processes:

• Draining a pool will put stress on the interior surface. When you remove the water from a pool, you run the risk of exacerbating underlying and existing conditions that are not visible when the pool is full of water. Anytime a pool is drained you run the risk of popping, chipping, blistering, peeling or cracking of the pool surface due to pre-existing conditions. These conditions may not become apparent after draining, or even refilling. They can show up in weeks or months after re-filling the pool.
• Company will, itself or through Contracted Service Providers (CSP), set a submersible pump in your pool to drain it into your house’s plumbing clean outs. Company or CSP will turn off the power and the auto water leveler to the pool. The CSP will check the flow for a few minutes to make sure there are no problems with the placed pump and then we will unplug pump.
• Customer is required to plug pump in when they are home that evening and monitor for water backing up into house.
• Please note: It is perfectly safe to leave the submersible pump plugged in overnight. It will shut itself off when the pool is empty.
• Please do not turn on the pool light when the pool is drained, it can damage or destroy pool light bulbs and fixtures.
• When the pool is empty any or all of the following may take place, general surface cleaning, Acid Wash, Media Blasting, and Small repairs.
• When Refilling the pool: It is the Customer’s responsibility to turn off the hose filling the pool once the proper water level is achieved.

Information Regarding Each Service.

Acid Washing:

Acid washing is a procedure that utilizes an acid solution which removes a small layer of the pools interior surface to try to reduce stains on the pool’s surface. Acid washing causes deterioration to the surface and shortens the life expectancy of your pool surface. IT IS THE CUSTOMER’S RESPONSIBILITY TO CHECK WITH YOUR POOL BUILDER OR SURFACE MANUFACTURER BEFORE ACID WASHING.

NOTE: Acid wash does not remove the scale from the tile around the water line and may not remove all staining or discoloration of surface.

Media Blasting

While the pool is empty of water it is a good time to clean the tile. Company offers this service at an additional fee. The process of removing calcium, mineral, and hard water deposits from tile, spillways, and other pool surfaces is called bead or media blasting. This is an abrasive process that, though unlikely, can cause damage to the surface being blasted. This will remove most, if not all, of the deposits on the tile but may not be perfect and will not make your tile “new” again. Discoloration of different surface types may be visible as well once completed.

Small Repairs

Company can repair loose, broken, or missing parts of the pools interior surface for an additional fee. If surface repairs are performed there will be a noticeable patch in the surface and the texture may not match that of existing surface.

For rental properties it is the responsibility of the homeowner and/or property management to inform tenants of this waiver and its instructions. Company and CSP cannot guarantee we can accommodate additional requirements from tenants and additional service call fees may be applied.

Notification of Potential Issues and Customer Responsibilities.

• I acknowledge that drained pools present a danger to anyone around them, there is a potential for falling into an empty pool. Falls from heights which are the depth of some pools present a serious potential for injury or death. Combined with a potentially wet pool deck, I acknowledge that they are solely responsible for warning others and keeping them away from this temporary hazard on their own premises.
• I acknowledge that if pool light is turned on when pool is drained it can damage the light and/or the fixture.
• Chemicals used to clean the drained pool can also be dangerous. I acknowledge and agrees that I am solely responsible for warning others and keeping them away from this temporary hazard on my own premises.
• I agree and acknowledge there are potential issues related to damage to the pool surface outlined above related to damage prior to draining, acid washing, media blasting, cleaning agents, and environmental damage from a dry pool surface. These issues if they arise are not the responsibility of Company or CSP
• It is the Customer’s responsibility to locate and designate for use the drain clean-out. It is also the Customer’s responsibility to check the individual city codes for draining swimming pools. Some cities have drain permits and issue citations for draining into the street. It is the customer’s responsibility to pay any permit fees, fines, or citations as a result of draining the swimming pool.
• I agree and acknowledge that improper draining and refilling can cause flooding and other potential water damage to the property surrounding the pool. It is My sole responsibility to ensure proper drainage for waste water as well for turning off any hose when the pool is full or when away from home.
• Company is not responsible for the cost of refilling your pool. Water usage fees vary by city. Any fees or added cost for refilling the pool is the responsibility of the Customer. Please check with your utility or water company.
• COMPANY IS NOT RESPONSIBLE FOR THE DRAIN CLEAN-OUT OVERFLOWING OR ANY FLOODING AS A RESULT OF THE DRAINING PROCESS. IT IS THE CUSTOMERS RESPONSIBILITY TO LOCATE THE SEWER CLEAN OUTS ON THE PROPERTY.

Liability Waiver:

• I WAIVE, RELEASE, AND DISCHARGE from any and all liability from above warned issues with pool drains, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, or actions of any kind which may hereafter occur to anyone on the Customer’s property as it relates to the pool drain, THE FOLLOWING ENTITIES OR PERSONS: 41 Platinum Pools and any Contracted Service Providers (collectively, the “Released Parties”);
• I AGREE TO INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Released Parties from any and all liabilities or claims made as a result of the warned issues related to draining a pool, whether caused by the negligence of the Released Parties or otherwise.
• I acknowledge that this time when a pool is empty may carry with it the potential for death, serious injury, and property damage or loss. The risks may include, but are not limited to, those outlined above, and also include temperature, weather, condition of the pool, equipment.
• The waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND AGREE TO IT OF MY OWN FREE WILL.