KustomScapes and Pools, LLC will provide repair, service, and or diagnose a problem or issue at the customer's address above.
The customer agrees to pay a service call charge of $217.00, which includes up to one hour of service, in addition to any products, materials, or equipment installed. If the service call takes more than one hour, KustomScapes and Pools will bill the client $112.00 per additional hour. Customer must ensure KustomScapes Pool Maintenance Employees have access to the service area on the scheduled service day, including gate entry codes, lock combinations, security guard verification, and pets relocated from the pool/spa area. If KustomScapes is unable to access the service area for any reason, services will not be performed, and the client will be responsible for the service call charge of $217.00. Additional services can be requested and will be billed accordingly. 
In the event of an emergency, KustomScapes will make every effort to return your calls and answer emails in a timely manner. Emergency services are provided atan additional cost and client will be responsible for payment.
KustomScapes & Pools reserves the right to delay services due to weather conditions, permit delays, adverse site conditions, products or materials delay, client delays, or other issues beyond KustomScapes and Pools control. Client agrees the start date and completion date are for convenience only and not intended to be a material item of this contract and cannot be a basis for a breach of the contract by the client.
CONTRACT PRICE AND PAYMENTS- All invoices are due upon receipt.
All payments must be made in immediately US available funds by check, cash, or wire transfer. Credit cards are accepted however there is a 3.5% convenience fee that will be added to the amount charged. Late payments will result in project delays. All property and equipment installed will remain the property of KustomScapes until all invoices are paid in full for the above services. All remaining left-over materials will remain the property of KustomScapes and Pools. Any changes to the scope of work will be discussed and charged or credited accordingly. All remaining left-over materials will remain the property of KustomScapes and Pools. Due to the volatile fuel, materials, supply chain client is responsible for fuel, supply, or materials surcharges that can occur. KustomScapes and Pools will not schedule a timeframe for installation until we receive signed agreement and deposit (if required), this date is an approximate date and may change due to weather conditions, adverse site conditions, subcontractor delays, products or materials delay, client delays, or other issues beyond KustomScapes and Pools control. KustomScapes and Pools will not guarantee a completion timeframe as this may change due to weather conditions, adverse site conditions, subcontractor delays, products or materials delay, client delays, or other issues beyond KustomScapes and Pools control. Client understands estimate of a start date and completion date are a good faith estimates only and agrees there will be no penalty to KustomScapes and Pools. Client agrees the start date and completion date are for convenience only and not intended to be a material item of this contract and cannot be a basis for a breach of the contract by the client. Client understands that the Definition of “working day” is Monday through Friday, not to include holidays, days with a 50+% chance of rain, and days delayed by governmental inspections or change requirements, or additional work orders by Client.  
FORCE MAJEURE- KustomScapes and Pools will not be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make aprofit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder. KustomScapes &Pools is not responsible for any damage done to existing irrigation lines, landscape lighting lines, invisible dog fences, plumbing, pool plumbing, gas, electrical lines, and any other line(s) or underground tanks, etc. previously installed by another contractor, unless they have been clearly marked. This proposal/contract is based solely on the observations that KustomScapes and Pools was able to make with the project in its condition at the time the proposal/contract was bid.  If additional concealed conditions are discovered once work has commenced or after this contract is executed which were not visible at the time contracted, KustomScapes and Pools will notify the client of these concealed conditions, and these concealed conditions will be treated as additional work or changes underthis contract and client will be responsible for additional fees incurred. KustomScapes and Pools is not responsible for damages caused by ground compaction by excavation, construction and/or delivery of equipment or materials. Client will notify KustomScapes and Pools prior to signing this contract if the existing pool, spa, and or any other improvements are leaking water. KustomScapes and Pools suggest getting a third-party leak detection company to test for leaks at theClient’s expense prior to any renovation work beginning. Client acknowledges and agrees that KustomScapes and Pools is not responsible for leaks following renovation work if third party leak detection is not performed prior to renovation work. KustomScapes and Pools is not responsible for non-employee accidents/injuries incurred at the client's property while undergoing construction. Equipment left on site is to be operated by authorized KustomScapes and PoolsEmployees only. If unauthorized person(s) operates the equipment onsite they will be responsible for a rental fee in addition to any damages to the equipment or jobsite. The client is responsible for monitoring pets, children, and persons in and around the job site. Client acknowledges that having a swimming pool, pool decking, diving boards, jumping rocks, waterfalls, waterslides, fire bowls/pits, etc.… may increase risk to the user and or guests of the property. Customer understands such risks associated with the above. Client waives and releases KustomScapes and Pools from any and all liability and assumes all risks associated.Client will hold KustomScapes and Pools harmless from any losses, damages, claims suits, actions or causes of action related to or arising in connection with any risk element. This also includes and is not limited to swimming prior to pool completion. KustomScapes & Pools, LLC is not responsible for allergic reactions due to chemicals added to the client's pool. If groundwater is encountered, a dewatering pump will be installed and run 24/7. This will be connected to the client provided electricity, or a generator can be provided at a daily rate to which the client will be billed. KustomScapes & Pools will not be responsible for an increase in electric usage, additional gravel, additional shoring, materials, and labor, etc. if this occurs. The client will be billed accordingly. In the event work already performed is damaged by any cause beyond KustomScapes and Pools control, KustomScapes and Pools shall be paid for the work performed in the amount set forth in this contract for such work.  The cost for all labor and material to repair such work already performed, plus an additional 20% of such cost, shall be considered additional work to be paid for by the client prior to the next stage. KustomScapes and Pools is not responsible for rain damage during construction.
Client understands that upon completion of plastering or liner installation, the pool will begin filling using client provided hose until water trucks arrive. Hose will remain running in between water deliveries. If water delivery trucks are unable to navigate driveway, pool will be filled with client provided hose and water source or we can provide a shuttle truck for additional cost, if available. KustomScapes and Pools will not be liable for damages done to plaster or vinyl liners due to any interruption to the water supplied by the hose. KustomScapes & Pools shall not be held liable for incidental wrinkles in the liner or imperfections in the walls & surface and the floor beneath the liner. The client(s) assumes all responsibility for the existing condition of the pool walls and floor of a vinyl liner replacement. The Contractor has no prior knowledge of the condition of the pool structure and, upon draining the pool, assumes that the condition is such that removing the old liner and installing the new liner can be accomplished without reworking the existing pool structure. If, after draining the pool and removing the old liner, the Contractor cannot install the new liner because of the unsuitable condition of the walls or floor structure. It is the client(s) responsibility to repair the structure before the Contractor completes the installation of the liner. (vinyl liner replacements). Vinyl liner replacements project is deemed complete when fixtures are cut into liner. KustomScapes and Pools does not warrant against damage to pool shell caused by failure to maintain proper water levels or groundwater rising above the lowest point of the pool, or damages caused by earth or fill ground movement, earthquake, acts of God or others. The term “concrete swimming pool shell” does not include trim coping (concrete or masonry applied to the structure for aesthetic purposes), tile, coloring, or decking.Masonry/Concrete work are inherently subject to minor cracking, checking, discoloration, staining, and variations in uniformity of color, and these conditions are not considered defective. Raising or settling which results from expansive or preexisting insufficiently compacted soils is not warranted. Client acknowledges that masonry/concrete work is created by humans and even under the closest supervision, small imperfections can and will be expected. If presented with an issue that exceeds industry standards, we may repair or replace the affected section of concrete, as determined at the sole discretion of KustomScapes and Pools. Please note that all repairs are promised to return the subject to its as-built integrity not to its as built appearance. No warranty is expressed or implied regarding the cosmetic appearance of the repair. The subject’s appearance will be considered secondary to its long-term functionality and durability. The industry standard for repair or replacement for cracked concrete is greater than ¼” of an inch displacement either in height or gap. Cracks that exceed ¼” of an inch in height or gap may warrant repair or replacement. If KustomScapes and Pools determines repair or replacement is required, we will replace or repair only the affected area.Repair of concrete cracks with caulk or mortar will be considered an acceptable form of repair. Please note surface or hairline cracks may not be covered. Flaking or popping of concrete surfaces may expose aggregate close to the surface but such exposure will not compromise the integrity of the slab. The industry standard for repair or replacement for flaking or popping concrete is a minimum of 20% of the total work area affected. Depending on the issue, we may warranty flaking orpopping concrete if 20% or more of the total work area is affected. If repair or replacement is required, we will only replace the affected area. It is not possible to match the color of your porch, sidewalk, patio, coping, etc. Sometimes different pours on larger jobs are subject to variation in color. Color variation is not covered.Natural stone products may vary in color and in texture. Concrete, mortar, paver, travertine, grout, tile, coping, colored plaster finishes have no guarantee as to final coloring. Client will be responsible for the cost of any chemicals, materials, labor used beyond the maintenance period (7-10 days for Diamond Brite, 3-4 days for white marbelite) to remediate any issues. All measurements are approximate, a final measurement of all hardscaping will be taken at the completion of the project and client will be billed for that amount. KustomScapes and Pools provides a limited warranty against all labor and material defects on all KustomScapes and Pools products, - and subcontractor-supplied labor and materials used in this project for a period of one year from the date the pool is plastered.  Tile has no guarantee against cracking, chipping or popping after October of the year in which it was installed. Plaster is not warranted against discoloration, staining, chipping or cracking, since these things generally result from local water conditions, improper use of chemicals, or improper cleaning of the pool.  All pool equipment, winter safety covers, automatic covers and their mechanisms, slides, diving boards/stands, fiber optic equipment, fountains and heaters are covered under the manufacturer’s written warranties. It is the new owner’s responsibility to read those warranties and register them with the manufacturer as required to have the full warranty activated. KustomScapes and Pools will determine if and how items or equipment shall be repaired or replaced. KustomScapes and Pools is not responsible for matching color or brands no longer available, but will make every reasonable effort to match as closely as possible. Pool and spa jets are not guaranteed to have equal pressure, flow of water and/or air bubbles.  KustomScapes and Pools is not liable for discoloration or staining from water delivery since these things generally result from local water conditions, improper use of chemicals, or improper cleaning of the pool.  Notice for Homeowners- Every home improvement contract shall contain a notice that gives the telephone number and website of MHIC, and states that "each contractor must hold a current MHIC license, and anyone can ask MHIC about a contractor." The correct address for MHIC is 500 North Calvert Street, Baltimore, Maryland 21202. The telephone numbers are 410-230-6309 and 1-888-218-5925.MHIC regulations require that the contract contain the following notice:
a. The Maryland Home Improvement Commission administers the Guaranty Fund, which may compensate homeowners for certain actual losses caused by acts or omissions of licensed contractors; and b. A homeowner has the right to purchase a performance bond for additional protection against losses not covered by the Guaranty Fund.All services will be performed in a professional, workmanlike manner. The Contractor's license and certificate of insurance will be provided upon the owner's request. KustomScapes & Pools is not responsible for seeded areas after initial germination has occurred. KustomScapes & Pools is not responsible for death or damage caused by acts of nature, which includes, but is not limited to, snow damage, lightning, or damage caused by animals and/or wildlife. KustomScapes & Pools is not responsible for over or under watering of plant material. There is no guarantee on seeded or sodded areas. KustomScapes & Pools is not responsible for holding water in areas where two percent positive drainage is not achievable. KustomScapes & Pools is not responsible for any and all damages caused to standing structures destroyed from falling limbs. KustomScapes and Pools may assign or subcontract all or any portion of the work to be done. Once the contract is signed KustomScapes and Pools employees and or assigned subcontractors have permission to access the property seven days a week. Emergency services can be requested. The client is responsible for the emergency service call fee. If client has another contractor install the pool deck, KustomScapes and Pools must be given proper notice to install bond wire and get approved inspection. If not notified or given enough notice, KustomScapes and Pools is not liable for remediating the situation. If client choses to use another electrical company, besides Kustom Electric, the electrical company will be responsible for obtaining electrical permits and bonding inspection. When client has work performed by others, KustomScapes and Pools does not warrant such work and KustomScapes and Pools shall not be held liable for such work or loss or damages that may result therefrom.  Our goal is your complete satisfaction. In the event that a job is not satisfactorily completed, please notify KustomScapes and Pools, via email, text, or phone call, within 24 hours so that we can look into the matter and resolve it quickly. If you do not bring the issue to our attention, we cannot correct the situation and consequently will not issue any credits. In the case of default of payment, all warranties are null and void. KustomScapes & Pools maintains the right to file a lien against the owner’s property if contractor is otherwise unable to collect the monies owed.The client/owner is responsible for any fees (including but not limited to attorney’s fees), charges, interest (at 21% per annum or the maximum legal amount),and penalties incurred by KustomScapes & Pools, LLC, or its agents and representatives, associated with the litigation over, and collection of, any past due monies the client/owner owes KustomScapes & Pools. KustomScapes & Pools, LLC reserves the right to stop services (with no adverse effect to the Contractor) if payments are overdue.
KustomScapes & Pools and client are not bound by any prior discussions, oral expression or representation by any party or by any other person purporting to act for or on behalf of either party or by any commitment or arrangement not specified in this Contract.  If any provision (or portion thereof) of this Contract shall be deemed invalid, if it is agreed that such invalidity shall only affect such provisions (or portion thereof) and the remainder of this Contract shall remain in force in effect.  Notwithstanding the foregoing, email or text approvals or authorizations by client for changes accepted by KustomScapes and Pools shall be binding on client. If the contract is canceled for any reason, services will be itemized. The client will be charged or credited accordingly, except for custom ordered materials to which the client will be responsible for full payment of said item(s). Site access will be discussed, and a point of access to be determined. If site access is limited or determined to be inadequate client will be responsible for incurred fees in order to make it accessible. KustomScapes & Pools, LLC is not responsible for damages done to access points due to heavy equipment moving in materials. We will make every effort to avoid damage. However, damage can occur when large deliveries are made or heavy equipment is needed for the construction.Photographs/Videos of the project may be used in marketing and social media.   Client acknowledges that since its participation with KustomScapes and Pools is voluntary, client will receive no financial compensation. Client understands it KustomScapes and Pools will not share any personal information (i.e., name, street address, phone number, email, etc.).
Pool Maintenance Terms and Conditions-Repairs or parts are not included in the weekly service fee. Repairs or parts under $250 will be performed immediately and charged separately to the customer. Repairs greater than $250 shall require Customer authorization in advance of the repair. All property and equipment installed will remain the property of KustomScapes and Pools, until final payment is made on the repair. The customer agrees to pay KustomScapes & Pools, LLC the weekly service fee, as stated above, as well as any additional costs that may be incurred for repairs or services that are in addition to the services, as well as any additional chemicals or specialty chemicals from our stock.. KustomScapes & Pools, LLC reserves the right to delay services due to weather conditions, adverse site conditions, or other issues that are beyond KustomScapes and Pools control. KustomScapes & Pools, LLC is not responsible for allergic reactions due to chemicals added to the client’s pool. Disclaimer: KustomScapes & Pools, LLC shall not be responsible for any damage to property due to acts of nature, fire, vandalism, misuse, acts of God, or abuse. Customers should be aware of the normal deterioration of equipment that occurs over time due to exposure to chemicals, sunlight, and, in some cases, other corrosive materials (i.e., salt). KustomScapes and Pools, LLC is not responsible for the performance of chemicals it does not sell. KustomScapes and Pools, LLC is not liable for stone breakage when installing pool covers. KustomScapes and Pools, LLC is not responsible for hitting pool plumbing lines, electrical lines, or any other lines installed. The customer is responsible for maintaining the correct water level and proper pool maintenance in between visits. Also, KustomScapes & Pools, LLC is not responsible for any damages or deterioration caused by the failure of a customer to perform other services recommended by KustomScapes & Pools, LLC., or by the failure of the customer to maintain pool and equipment between visits properly. Our goal is your complete satisfaction. If a job is not satisfactorily completed, please notify KustomScapes and Pools, via email, text, or phone call, within 24 hours, so that we can look into the matter and resolve it quickly. If you do not bring the issue to our attention, we cannot correct the situation and consequently will not issue any credits. Termination: The Agreement may be terminated by either Party. However, the Parties further agree that Client shall give KustomScapes and Pools thirty (30) days advance written notice of Client’s termination of this Pool Service Agreement. Such written notice may be delivered by email, or in writing. The contractor and client each waive any right to a trial by jury in any action or proceeding to enforce or defend any rights (a) under this agreement or under any amendment, instrument, document, or agreement delivered or which may in the future be delivered in connection here within and agree that any such action or proceeding shall be tried before a court and not before a jury. Each provision of this Agreement is intended to be severable, and, if any term or provision of this Agreement is determined to be invalid for any reason whatsoever, such invalidity shall not affect the validity or legality of the remainder of this Agreement. This Agreement shall be strictly governed by and construed under the laws of the State of Maryland. Jurisdiction and venue in the enforcement or interpretation of this Agreement shall be appropriate in any court of competent jurisdiction in Talbot County, State of Maryland, and the undersigned expressly consents thereto. This agreement may be signed in any number of counterparts, each of which shall be an original and, when taken together, shall constitute one agreement. Photocopies, or email transmissions of Adobe portable document format files (also known as “PDF” files) of signatures shall be deemed original signatures and shall be fully binding on the parties to the same extent as original signatures. The client/owner is responsible for any fees including but not limited to attorney’s fees (whether or not litigation is initiated), charges, interest (at 18% per annum or the maximum legal amount), and penalties incurred by KustomScapes & Pools, LLC, or its agents and representatives, associated with the litigation over, and collection of, any past due monies the client/owner owes KustomScapes & Pools. KustomScapes & Pools, LLC reserves the right to stop services (with no adverse effect to the Contractor) if payments are overdue. KustomScapes & Pools, LLC. is not responsible for damages done to points of access. KustomScapes & Pools, LLC reserves the right to stop services (with no adverse effect to the contractor) if payments are overdue. KustomScapes & Pools and customer are not bound by any prior discussions, oral expression or representation by any party or by any other person purporting to act for or on behalf of either party or by any commitment or arrangement not specified in this Contract.  If any provision (or portion thereof) of this Contract shall be deemed invalid, if it is agreed that such invalidity shall only affect such provisions (or portion thereof) and the remainder of this Contract shall remain in force in effect.  Notwithstanding the foregoing, email or text approvals or authorizations by client for changes accepted by KustomScapes and Pools shall be binding on client. The customer is responsible for monitoring pets, children, and persons in and around the pool. KustomScapes and Pools will not be responsible for lost pets left in the pool area. Client acknowledges that having a swimming pool, pool decking, diving boards, jumping rocks, waterfalls, waterslides, fire bowls/pits, etc.… may increase risk to the user and or guests of the property. Customer understands such risks associated with the above. Client waives and releases KustomScapes and Pools from all liability and assumes all risks associated. Client will hold KustomScapes and Pools harmless from any losses, damages, claims suits, actions, or causes of action related to or arising in connection with any risk element. The contractor's license and certificate of insurance will be provided upon the request of the owner. Photographs/Videos of the project may be used in marketing and social media.   Client acknowledges that since its participation with KustomScapes and Pools is voluntary, client will receive no financial compensation. Client understands KustomScapes and Pools will not share any personal information (i.e., name, street address, phone number, email, etc.).