Pool Leak Detection - Terms of Service

Leak Detection Service – Terms & Conditions

Pool leak locations are assessed on a best effort basis. Customer agrees that if a leak is determined to be in a location requiring high costs in demolition and repair to access, customer will consider a second opinion prior to incurring such expenses. Customer additionally agrees to hold Waves Pool Leak Detection harmless if such expenses are incurred and no leak was found with or without a 2nd opinion.
Customer acknowledges that Waves Pool Leak Detection will need to turn valves that may not be commonly used, ie. supply lines, automatic fill valves, hose bibs, etc. Customer agrees to hold Waves Pool Leak Detection harmless and indemnify Waves Pool Leak Detection in the event of any claims made for water damage caused by any valves turned or hoses disconnected and reconnected that fail or otherwise malfunction during or after leak detection services are performed.
Customer acknowledges importance of preventing water damages and agrees to perform due diligence by checking all valves used or touched during leak detection services to insure there is no leakage or concern of a valve needing maintenance or repair by a licensed contractor/plumber.
If a leak does not exist or if a water leak issue is traced to anything other than the swimming pool/spa/fountain or whichever other item is being inspected, all service fees are still applicable.
To properly perform leak detections, we may need to remove pool or spa covers and plumbing may need to be cut (although cutting pipe is very rare). If the covers have not been used or manipulated recently, they may break and/or begin to leak. If plumbing needs to be cut, we will get specific approval prior to doing so as Waves Pool Leak Detection is not a contracting company and can not repair the pipe once it has been cut.
Unless agreed otherwise, the pool needs to be at is normal operating level (not overfilled or under-filled).
The pool needs to be reasonably clean, clear, and sanitized. Waves Pool Leak Detection reserves the right to refuse inspection of any pool which is not in safe condition (in these circumstances, the minimum fee would still be payable).
We need to have access to a working hose bib and a working electrical outlet that can handle the draw from a small air compressor. If these are not available within 50' of the pool, please let us know in advance so that we can be prepared. If we are not notifed that either are unavailable and we make a service call, our minimum fee would still apply for the visit.
We do not accept payment from insurance companies.
We do not carry permanent repair supplies as all our repairs are temporary. We are not plumbers or contractors, temporary patches may be placed for mitigation of further damage and is considered temporary and without warranty.
Our inspection is for leaks ONLY. We are not a full inspection company, nor are we licensed contractors. We do not make safety inspections, code inspections, equipment inspections, electrical inspections, etc. except to inspect for leaks. We may point out areas of concern, however any speculation would need to be confirmed by a licensed contractor or engineer.
The items above need to be followed in order for us to detect your pool leaks. If one or more of the above items is not followed and someone is sent to your location to detect a pool leak, we have the right to charge a minimum of $150 for the trip.

LIMITATIONS REGARDING LEGAL ACTIONS

In the event of a claim against Waves Pool Leak Detection and its agents, Client(s) agree to supply Waves Pool Leak Detection with the following: (1) Written notification of the issue that give rise to a claim against Waves Pool Leak Detection and its agents, including how the leak detection reporting and/or work done on site was significantly deficient; included in this written notification shall be an explanation of how Waves Pool Leak Detection did not inform Client(s) through its written report that such a condition/issue existed on the date of the inspection; this written notification as explained above shall be given to Waves Pool Leak Detection within 14 days of discovery of the issue; and (2) access to the premises to inspect said issue, and address any concerns Client(s) might have so that Waves Pool Leak Detection may have an opportunity to immediately resolve Client(s)’ claims against Waves Pool Leak Detection. Failure to comply with the above conditions will release Waves Pool Leak Detection and its agents from any liability resulting from the inspection of such system(s) or component part(s). Additionally, Client(s) agree that they bear the burden of proof for any claim arising out of this agreement, including the burden to prove that the report/leak detection regarding an inspected system was significantly deficient, or to advise Client(s) that additional inspection from another licensed professional may be necessary to assess the same in the written inspection report. Please Note: as stated above, we are not contractors or safety/code inspectors. The totality of our inspection is focused only on leak detection specifically. Any added notes are not required and would need to be confirmed by a licensed contractor or engineer. Client(s) agree to hold harmless Inspector/Waves Pool Leak Detection for any observations or speculations of any system or component outside of this scope as they are aware such speculation or observation is intended to alert them of a possible issue to be inspected by a licensed contractor or engineer. Conversely, Client(s) agree that Inspector/Waves Pool Leak Detection will not be held to the burden of proving a report/leak detection was not significantly deficient at time of the inspection. Furthermore, Client(s) agree to indemnify and hold Waves Pool Leak Detection and its agents harmless due to any changes in said property if extreme weather conditions, and/or natural disasters, occur on the premises any time after the inspection, which cause unforeseen and significant damage to the premises and value of the property, or inspected areas, due to exposure to heavy wind, severe thunderstorms, heavy rain, hail, fire, tornadoes, hurricanes, extreme heat waves, and/or sun exposure, drought, flooding, ocean water, entry of wild or domesticated animals, which are all conditions outside the Inspector/Waves Pool Leak Detection’s control. These limitations apply to anyone who claims damages or expenses of any kind concerning the property.

Privacy Policy:
In providing the property inspection and inspection report, information about the client, inspector, real estate professional, and property will be collected and input into DeviceMagic reporting software and services, which inspector uses to produce the inspection report. This information may include personally-identifiable information about the client, inspector and real estate professional. This information may subsequently be used by the provider of DeviceMagic, as set out in the DeviceMagic Privacy Policy found at https://www.devicemagic.com/privacy-policy/. Inspectors may choose to use this information to market new or related products and services to clients.

Dispute Resolution
Mediation and Arbitration In lieu of Civil Litigation.
Client(s) agree that any dispute, claim or controversy arising out of or relating to this Agreement including the breach, termination, enforcement, interpretation or validity of this Agreement will be first presented through mediation before a Illinois Supreme Court Certified Mediator, and if a mediation agreement cannot be rendered between the parties, then such dispute, claim or controversy will be resolved through binding arbitration between Client(s) and Inspector/Waves Pool Leak Detection. Client(s) acknowledge and agree that you and Inspector/Waves Pool Leak Detection are each waiving the right to a trial by jury or judge, or to participate as a plaintiff or as a class in any purported legal proceeding, class action, or other representative proceeding afforded to you under state or federal law. Both Client(s) and Inspector/Waves Pool Leak Detection are each waiving the right to take depositions and participate in pre-litigation requests for production, interrogatories and requests for admissions. Client(s) acknowledge and agree that this provision constitutes an indisputable agreement to binding arbitration if pre-arbitration mediation between the parties is unsuccessful. This clause shall be grounds for an immediate motion to dismiss for any civil complaint for damages filed against Inspector/Waves Pool Leak Detection in violation of these dispute resolution provisions. Client(s) will be obligated to pay Waves Pool Leak Detection’s attorney fees to defend or answer such civil complaint.

Arbitration Rules and Governing Law.
In the event that mediation is unsuccessful and a binding arbitration process is initiated by one of the parties, the Illinois Uniform Arbitration Act will govern the interpretation, procedure and enforcement of this Section.

Mediation and Arbitration Location.
Unless Client(s) and Inspector/Waves Pool Leak Detection otherwise agree, the pre-arbitration mediation, or binding arbitration, will be conducted in Whiteside County, Illinois. Any binding arbitration may be conducted solely on the basis of documents Client(s) and Inspector/Waves Pool Leak Detection submit to the arbitrator, unless one of the parties request a hearing before the arbitrator, or the arbitrator determines that a hearing is necessary.

Cost of Mediation and Arbitration.
The parties shall share equally in the cost of mediation and/or binding arbitration and shall be responsible for their own attorney fees relating to the mediation or the binding arbitration.

Time Limitations and other Restrictions on any Request, Demand or Claim Surrounding this
Agreement
No action or proceeding of any kind, including binding arbitration, can be commenced against Inspector/Waves Pool Leak Detection or its officers, agents or employees more than one year from the date the CLIENT discovers, or through the exercise of reasonable diligence should have discovered, the cause of action that becomes the subject matter of any dispute between the parties. THIS TIME PERIOD IS SHORTER THAN OTHERWISE PROVIDED BY APPLICABLE LAW.

If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This agreement represents the entire agreement between the parties. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees.

Each party signing this Agreement warrants and represents that he/she has the full capacity and authority to execute this Agreement on behalf of the named party. If this Agreement is executed on behalf of Client(s) by any third party, the person executing this Agreement expressly represents to Inspector that he/she has the full and complete authority to execute this Agreement on Client(s)’ behalf and fully and completely binds Client(s) to all the terms, conditions, limitations, exceptions and exclusions of this Agreement.

These limitations apply to anyone who claims damages or expenses of any kind incurred due to the errors or omissions in this inspection and report.