Service terms and conditions

1. About these terms

These Terms and Conditions ("Terms") govern services provided by Aquascapes Recreational Contractors, an Ontario business located at D2-550 Parkside Drive, Waterloo, Ontario N2L 5V4 ("Aquascapes," "we," "us," or "our"). By booking a service, signing a construction agreement, or purchasing goods from our store, you ("Customer," "you," or "your") agree to these Terms.

Aquascapes provides three categories of service, each of which is addressed below:

• Pool service and seasonal work — openings, closings, weekly and biweekly maintenance, single visits, and cartridge cleaning
• Pool construction and major renovations — custom vinyl pool design and build, liner replacement, and large-scale equipment renewal
• Retail sales — chemicals, parts, equipment, accessories, and in-store water testing

Different sections of these Terms apply to different types of work. The general terms in Sections 2 through 6 apply to all engagements. Stream-specific terms follow in Sections 7, 8, and 9.

2. Definitions

"Business Day" means Monday through Friday, excluding statutory holidays observed in Ontario.

"Booking Fee" means the fee charged at the time an online service booking is submitted, currently $100 plus HST, which is credited toward the final invoice for the service. The amount, refundability, and forfeiture conditions of the Booking Fee are set out in Sections 7.2 and 7.3.

"Saved Payment Method" means the credit card or digital wallet credential, including Apple Pay and Google Pay, that you provide when you submit an online booking and authorize us to retain securely with our payment processor for charging the balance of your service and any later work you authorize.

"Construction Contract" means a written agreement for pool construction, major renovation, or liner replacement signed by both parties.

"Service Area" means the standard Kitchener-Waterloo region. Work outside this area may carry travel or scheduling surcharges, which will be disclosed in advance.

"Service Date" means the date scheduled in writing or by confirmed electronic communication for the performance of a service.

"Site" means the Customer's property where work is performed.

3. Service area

Published rates and standard scheduling apply to homes within the Kitchener-Waterloo Service Area. Properties outside the Service Area may be served at our discretion, subject to additional travel charges, minimum-visit fees, or scheduling restrictions. Any such charges will be disclosed before work is booked.

4. Communications and electronic consent

By providing your email address to Aquascapes — at the time of booking, on a quote, on a purchase, or in any other course of dealing — you consent to receive service-related communications from us by email, including booking confirmations, appointment reminders, status updates, invoices, payment receipts, and safety notices.

You may also choose to receive seasonal updates, service tips, and promotional offers. Consent to receive promotional messages is separate from service messages and can be withdrawn at any time by using the unsubscribe link in any email or by contacting us directly. Withdrawing promotional consent does not affect service-related messages necessary to deliver the work you have booked.

Our handling of electronic messages is intended to comply with Canada's Anti-Spam Legislation (CASL) and any related Canadian regulations.

5. Privacy and customer information

Aquascapes collects, uses, and stores personal information solely for the purposes of delivering services, processing payments, scheduling work, maintaining service history, fulfilling warranty obligations, and meeting our legal obligations. We do not sell or rent Customer information.

Our practices are intended to comply with the federal Personal Information Protection and Electronic Documents Act (PIPEDA). Our complete Privacy Policy is published on our website.

Service history — including pool dimensions, equipment serial numbers, liner specifications, water chemistry notes, and prior service records — is retained for the duration of the customer relationship and for a reasonable period thereafter, in order to support warranty claims, parts identification, and continuity of service across ownership transitions.

6. Photographs and marketing use

In the ordinary course of work, Aquascapes may take photographs or short video clips of finished pools, equipment installations, and Site progress. These records serve internal quality control, training, warranty documentation, and the development of marketing materials.

We will not publish identifiable images of your property in public marketing without your consent. If you prefer that no images of your property be used externally for any purpose, please notify us in writing at the time of booking or at any point during the engagement, and we will record that preference on your file.

7. Pool service and seasonal work

This section applies to Spring Pool Openings, Fall Pool Closings, Weekly and Biweekly Maintenance, Single Visit and Heavy Spring Clean-up service, Cartridge Cleaning Service, and minor equipment repairs performed during a service visit.

7.1 Booking and payment

Openings, closings, and other online bookings. Bookings made through our online form require a Booking Fee of $100 plus HST at the time the booking is submitted. The fee secures your place in the service schedule pending Aquascapes' confirmation of the booking details. The card or digital wallet you use to pay the fee is retained securely by our payment processor as your Saved Payment Method. Once the work is complete, the balance of the service, including the published service rate net of the fee, any chemicals used during the visit, and any add-ons or additional work performed, is charged to your Saved Payment Method on or shortly after the Service Date. If you would prefer to settle the balance by Interac e-Transfer instead, please tell us before the Service Date and we will send an invoice to the email on file. Your authorization for these charges is set out in Section 7.15.

Weekly and biweekly maintenance. Recurring maintenance requires a minimum four-week commitment. A current credit card must be kept on file to cover monthly service invoices, chemical charges, and any additional work authorized during the engagement.

Single visits and cartridge cleaning. Payment is due on completion of service unless other arrangements have been confirmed in writing.

HST. All prices are quoted in Canadian dollars. Where stated as "HST included," 13% Ontario Harmonized Sales Tax is included in the quoted figure. Where HST is not stated as included, it will be added to the invoice.

7.2 Booking fee

The Booking Fee for service bookings made through our online form is currently $100 plus HST. The fee secures your place in the service schedule and is credited against the final invoice for the service.

The fee is refundable in full where a booking is cancelled or rescheduled more than two Business Days before the Service Date. Where cancellation or rescheduling occurs within two Business Days of the Service Date, the fee is forfeited to cover scheduling and routing costs that have already been committed, as set out in Section 7.3.

7.3 Cancellation and rescheduling by the customer

Cancellation or rescheduling requests must be made at least two Business Days before the Service Date. Requests received inside this window may forfeit the Booking Fee, at our discretion, to cover scheduling, routing, and crew costs that have already been committed.

7.4 Rescheduling by Aquascapes

We may reschedule service due to unsafe weather, equipment failure, illness, vehicle breakdown, supply shortages, or other circumstances beyond our reasonable control. We will contact you promptly to arrange an alternative date. No additional charge applies to rescheduling initiated by Aquascapes.

7.5 Customer access and site readiness

The Customer is responsible for ensuring the Site is ready for service on the Service Date. This includes:

• Clear, safe access to the pool area, including any gates, side yards, and pathways
• Securing pets and providing any required access codes, key locations, or alarm-system instructions in advance
• A clean pool area, free of pet waste and obstructions, so work can proceed without delay
• An operating outside tap and accessible garden hose
• For closings, access to a functioning electrical outlet near the equipment pad
• Making all equipment, removed parts, winterizing plugs, and the appropriate cover available at the time of service

If the Site is not ready and our crew cannot reasonably proceed, we may reschedule the visit and apply a return-visit charge equal to one hour at our published hourly rate, to cover the unproductive trip.

7.6 Scope of opening and closing services

Pool openings and closings cover the mechanical work required to bring the pool online or shut it down for the season — cover handling, equipment reinstallation or storage, system start-up or winterizing, and plumbing blow-out. Chemicals used during the visit are billed separately, as set out in Section 7.9.

Pool cleaning is not included in a standard opening or closing. Brushing walls and floor, vacuuming debris accumulated under the cover, scrubbing the waterline, and cleaning tile are separate from the mechanical work of opening or closing.

Where a pool requires cleaning beyond a standard visit — common for pools with safety covers that have collected debris over winter, or where a previous closing was performed by another provider — our Heavy Spring Clean-up service can be booked alongside the opening or as a follow-up visit. Heavy Spring Clean-up is billed hourly with a one-hour minimum, and chemicals used during clean-up are invoiced separately.

For closings, the pool must be clean and the water reasonably balanced before the appointment, as noted in Section 7.8. Where pre-closing clean-up is required, it can be booked as a separate service in advance of the closing date.

7.7 Customer responsibilities specific to openings

The Customer is responsible for filling the pool to the correct water level. Where the water level is too low for our technician to safely start the pump, the Customer is responsible for completing the fill and starting the pump once the level is adequate.

After opening, regular water testing and chemistry maintenance becomes the Customer's responsibility, unless a separate maintenance contract is in place.

7.8 Customer responsibilities specific to closings

The pool must be clean and the water reasonably balanced before the closing appointment.

The Customer must inform our technician of any hidden pump timers or controls that may not be visible at the equipment pad.

Any leaking water bags or visible cover issues must be reported to Aquascapes within 24 hours of service so they can be addressed before they cause damage.

7.9 Chemicals

Chemicals used during any Aquascapes service — including spring openings, fall closings, weekly and biweekly maintenance visits, and Heavy Spring Clean-up — are billed separately from the published service price. Chemical charges are based on actual usage at the time of service and appear as separate line items on the invoice.

Aquascapes does not test water as part of seasonal opening or closing visits. During weekly and biweekly maintenance, Aquascapes will balance water to industry standards at each visit. Water chemistry can shift between visits due to weather, bather load, and water replacement, and ongoing chemistry between visits remains the Customer's responsibility.

7.10 Add-ons and additional features

Pools with the following features incur additional charges in addition to the standard opening or closing price:

• Waterfalls
• Deck jets
• Solar heating systems
• Spill-over spas
• Double covers

Add-on pricing is published separately and will be included on the invoice when applicable.

7.11 Gas heaters

Aquascapes does not service, start, light, or perform safety checks on gas-fired pool heaters. Work on gas-fired equipment is reserved for licensed gas technicians, and we will refer Customers to a qualified contractor on request. We will install, service, and start non-gas equipment such as heat pumps and electric heaters in accordance with manufacturer specifications.

7.12 Pre-existing conditions

Aquascapes is not responsible for pre-existing damage to pool equipment, liners, decking, plumbing, or structural elements discovered during service. Where we identify a pre-existing condition that affects safety, performance, or the work we have been asked to do, we will provide a written report or noted work order summarizing the condition and the recommended next steps. A written report will be provided where applicable.

7.13 Hidden or unforeseen conditions

Some conditions cannot be identified before service begins — cracked underground plumbing, failing skimmer throats, deteriorated returns, freeze damage hidden under a cover, or rust beneath bonding wire, among others. Where unforeseen conditions are discovered during service, we will pause the affected work, notify the Customer, and confirm authorization before incurring repair costs above $200 (or such other threshold as may be agreed in writing).

7.14 Weather and service outcomes

Outdoor maintenance is weather-exposed by nature. Wind, storms, falling debris, and rapid temperature swings can undo a cleaning shortly after a visit, alter water chemistry, or shift cover positioning. These outcomes do not reflect a deficiency in the service performed and do not entitle the Customer to a refund or revisit at no charge.

7.15 Card on file and payment authorization

By submitting an online booking and paying the Booking Fee, you authorize Aquascapes to retain your Saved Payment Method securely with our payment processor and to charge the remaining balance of your booked service to that Saved Payment Method on or shortly after the Service Date, once the work has been completed. The amount charged will be the balance shown on your booking, together with any chemicals used and any add-ons or additional work you authorized, plus HST.

This authorization remains in effect for the service you have booked and for any further work you specifically authorize. You may withdraw it at any time before the balance is charged by contacting us, in which case the balance becomes payable by Interac e-Transfer. Withdrawing the authorization does not cancel your obligation to pay for work that has been performed.

8. Pool construction and major renovations

This section applies to custom pool construction, major renovations, liner replacement, and large-scale equipment renewal. Where a separate written Construction Contract has been signed, the terms of that contract govern and these Terms apply only to the extent they are not inconsistent with it.

8.1 Proposal, acceptance, and scope

A signed Construction Contract, including the agreed plans, specifications, allowances, and pricing, defines the scope of work. Verbal modifications are not binding. Any changes to scope, materials, finishes, or timeline must be documented through a written Change Order signed by both parties before the change is performed.

8.2 Deposit and progress payments

Construction work is invoiced in stages, with payments tied to defined project milestones such as contract signing, excavation, structural completion, liner installation, equipment commissioning, and final completion. The deposit secures the project slot in our annual build calendar and is applied against the first milestone invoice. Specific milestone amounts and dates are defined in the Construction Contract.

Payments are due within seven days of invoice unless otherwise specified. Overdue amounts may pause work and accrue interest at 1.5% per month (19.56% per annum) until paid.

8.3 Construction Act holdback

For construction work to which the Ontario Construction Act applies, the Customer is required by statute to retain a holdback equal to 10% of the contract price (or the contract price as it is adjusted by Change Orders) until the statutory holdback release date. Aquascapes will identify the holdback amount on milestone invoices and will provide certification documents as required to support release of the holdback once the statutory conditions are met.

8.4 Permits, locates, and survey

Building permits. Aquascapes will obtain pool building permits as required by the relevant municipality and will include permit costs as a separate allowance line in the Construction Contract.

Locates. Aquascapes will arrange public utility locates through Ontario One Call prior to excavation. The Customer is responsible for identifying and disclosing any private underground services on the property — including private irrigation, low-voltage lighting, propane lines, septic systems, private wells, sump-pump discharge lines, invisible-fence wiring, and prior landscape installations — that would not be picked up by a public locate. Damage to undisclosed private services is not covered by these Terms.

Survey. The Customer is responsible for providing a current property survey or comparable documentation suitable for permit application. If a new survey is required, the cost is the Customer's responsibility unless otherwise agreed.

8.5 Site access and property protection

Pool construction is heavy work and unavoidably disruptive. The Customer authorizes Aquascapes and its subcontractors to enter the property with the equipment necessary to complete the work, including excavators, dump trucks, concrete pumpers, and material trailers.

We will take reasonable care to protect lawns, driveways, walkways, decks, fences, and landscape features. Despite reasonable care, some damage to lawn, soft landscaping, driveways, or fencing is normal and expected during pool construction. Restoration of landscape, sod, driveway surface, and fencing outside the pool envelope is not included in the Construction Contract unless expressly listed in the agreed scope.

The Customer is responsible for protecting or relocating any interior items (such as window boxes, garden ornaments, or potted plants) and any exterior items not part of the pool scope before work begins.

8.6 Unforeseen subsurface conditions

Pool excavation can reveal subsurface conditions that could not be reliably identified at the time of contracting — rock requiring blasting or specialty equipment, perched or seasonal groundwater, contaminated fill, archaeological materials, undocumented buried infrastructure, or fluid soils that cannot retain a vertical face. Where such conditions are encountered:

• Work on the affected element will be paused
• Aquascapes will document the condition, including photographs where appropriate
• A written Change Order will be prepared describing the required remediation and the resulting impact on price and schedule
• Work resumes once the Change Order is signed

Costs related to remediation of unforeseen subsurface conditions are the Customer's responsibility, since they could not have been accounted for in the original price.

8.7 Schedule, weather delays, and critical path

Construction schedules are estimates, not guarantees. Pool construction is sensitive to weather, ground conditions, supplier lead times, municipal inspection schedules, and the availability of specialty trades. Delays attributable to weather, suppliers, inspectors, utility companies, or other parties outside our reasonable control do not constitute a breach of contract and do not entitle the Customer to a price reduction or compensation.

We will keep the Customer informed of scheduling changes and will resume work as soon as conditions allow.

8.8 Substantial completion, deficiency list, and final acceptance

When construction work reaches substantial completion, Aquascapes will walk the Site with the Customer and prepare a written deficiency list. We will complete listed deficiencies within a reasonable time, weather and supplier availability permitting. Final acceptance occurs once the deficiency list is closed out or once the project is certified as substantially performed under the Construction Act, whichever applies.

8.9 Workmanship warranty

Aquascapes warrants its workmanship for two years from the date of substantial completion, against defects in installation that are not the result of normal wear, ground movement, freeze damage caused by Customer-controlled water levels, chemical imbalance, third-party work, or misuse. The workmanship warranty does not cover cosmetic settling of soft landscaping, hairline cracks in concrete decking outside the pool structure, or wear consistent with normal use.

8.10 Manufacturer warranties

Pool liners, pumps, filters, heaters, automation systems, and other manufactured components carry warranties issued by their respective manufacturers (including, where applicable, Latham Pool Products, Hayward Pool Products, Pentair, Jandy, and others). Manufacturer warranties are passed through to the Customer in their original form. Aquascapes will provide warranty documentation at the close of the project and will assist the Customer with warranty claims as a part of normal service, but is not itself the warrantor of manufactured components.

9. Retail sales

This section applies to in-store and remote purchases of pool chemicals, parts, equipment, accessories, and any other goods sold by Aquascapes.

9.1 Pricing, taxes, and currency

All retail prices are quoted in Canadian dollars and are subject to 13% Ontario HST unless otherwise stated. Prices are subject to change without notice. The price applicable to a transaction is the price displayed or quoted at the time the sale is completed.

9.2 Special orders

Items not held in stock may be ordered on request. Special-order items normally require payment in full at the time the order is placed. Special-order items are not eligible for return or refund except where the item is defective.

9.3 Returns and refunds on stock items

Unopened, undamaged stock items in their original packaging may be returned for refund or exchange within 30 days of purchase, with proof of purchase. The following are not eligible for return:

• Chemicals (whether opened or unopened) once the original packaging has left the store
• Special-order items
• Items damaged through use, freezing, or improper storage by the Customer
• Items showing signs of installation or use

Refunds are issued to the original payment method.

9.4 Chemical safety

Pool chemicals are reactive and can cause injury or property damage if mishandled. Customers are responsible for transporting, storing, mixing, and applying chemicals in accordance with the manufacturer's instructions and safety data sheets, which are available on request at the time of purchase. Chemicals should be stored separately by type, in a cool, dry location away from children, pets, and ignition sources.

Aquascapes is not responsible for injury, illness, or property damage resulting from Customer mishandling of chemicals after purchase.

9.5 In-store water testing

In-store water testing is provided as a courtesy advisory based on the sample submitted at the time of testing. Recommendations are made for the operating conditions described by the Customer. Water chemistry changes with weather, bather load, fresh water addition, and time, and a single test does not guarantee water condition between tests. Customers should retest before adjusting chemistry.

9.6 Equipment sales and installation

Equipment sold at retail and installed by the Customer or a third party is warranted by the manufacturer only. Aquascapes installation warranties (Section 8.9) apply only where the equipment is installed by Aquascapes.

10. Warranties and limitations

10.1 Workmanship warranty (service work)

Service work performed by Aquascapes — including openings, closings, maintenance visits, equipment repairs, and cartridge cleaning — is warranted against defects in workmanship for 30 days from the date of service. Any concern about workmanship must be raised within this period to be eligible for revisit at no additional charge.

10.2 No implied warranties beyond statutory minimums

To the maximum extent permitted under Ontario law, all implied warranties — including implied warranties of fitness for a particular purpose and merchantability — are excluded except as expressly stated in these Terms. Nothing in this section limits or excludes any rights that may not lawfully be limited or excluded under the Consumer Protection Act, 2002 (Ontario), the Sale of Goods Act (Ontario), or other applicable law.

10.3 Limitation of liability

To the maximum extent permitted under Ontario law:

• Aquascapes' total liability arising out of or in connection with a service or sale, whether in contract, tort (including negligence), statute, or otherwise, is limited to the amount actually paid by the Customer for the specific service or product giving rise to the claim.
• Aquascapes is not liable for indirect, consequential, incidental, special, punitive, or aggravated damages, including loss of use of the pool, loss of enjoyment, business loss, or property value loss.
• Nothing in this section limits or excludes liability for gross negligence, wilful misconduct, fraud, or any liability that cannot lawfully be limited or excluded under Ontario or federal law.

10.4 Insurance and workplace safety

Aquascapes maintains commercial general liability insurance and is registered with the Workplace Safety and Insurance Board (WSIB). Certificates of insurance and WSIB clearance certificates are available on request, including in advance of a construction project.

11. Customer indemnification

The Customer agrees to indemnify and hold Aquascapes harmless from claims, losses, damages, and expenses arising from:

• Inaccurate information provided by the Customer about the property, including undisclosed private underground services
• Use of the pool by the Customer or third parties in a manner inconsistent with applicable safety regulations or with manufacturer instructions for installed equipment
• Failure to maintain water chemistry, water level, or equipment between Aquascapes service visits
• Mishandling of chemicals after they have left our possession
• Third-party work performed on the pool, equipment, or related systems

This indemnification does not apply to the extent that the loss arises from Aquascapes' negligence, wilful misconduct, or breach of these Terms.

12. Force majeure

Neither party is liable for failure or delay in performance to the extent caused by events beyond reasonable control, including severe weather, natural disasters, pandemics, government orders, utility failures, strikes, supplier or manufacturer disruptions, or critical equipment failure. The affected party will notify the other promptly and will resume performance as soon as reasonably possible. Where a force majeure event prevents performance for more than 60 consecutive days, either party may terminate the affected engagement with no further obligation other than payment for work already performed.

13. Governing law and dispute resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario. The parties submit to the exclusive jurisdiction of the courts of Ontario for any matter arising out of or in connection with these Terms, subject to any contrary requirement of applicable consumer protection law.

Before commencing legal proceedings, the parties agree to make a good-faith effort to resolve any dispute through direct communication and, where appropriate, through structured mediation in the Region of Waterloo.

14. Limitation period

To the maximum extent permitted by law, and subject to the Limitations Act, 2002 (Ontario), any claim arising out of or in connection with these Terms or the services provided must be commenced within two years of the date on which the claim was discovered or ought reasonably to have been discovered.

15. Notices

Notices to Aquascapes should be sent to:

Aquascapes Recreational Contractors
D2-550 Parkside Drive, Waterloo, Ontario N2L 5V4
Phone: (519) 886-8751
Email: info@aquascapesrc.ca

Notices to the Customer will be sent to the most recent mailing address or email on file. It is the Customer's responsibility to keep contact information current.

16. General

Entire agreement. These Terms, together with any signed Construction Contract, written quotation, work order, or invoice, form the entire agreement between the parties on the subject matter covered.

Order of precedence. Where a written Construction Contract conflicts with these Terms, the Construction Contract prevails for the project it covers. Where a written quotation, work order, or invoice conflicts with these Terms, these Terms prevail unless the conflicting document is signed by both parties and expressly states that it overrides these Terms.

Severability. If any part of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.

Amendment. Aquascapes may update these Terms from time to time. Updates apply to engagements entered into after the effective date of the update. Material changes will be communicated to active maintenance customers and posted on our website.

Assignment. The Customer may not assign these Terms or any rights under them without Aquascapes' written consent, except in connection with the sale of the property where the pool is located, in which case service history and active maintenance arrangements may be transferred to the new owner on written notice to Aquascapes.

No waiver. Failure by Aquascapes to enforce any provision of these Terms does not waive our right to enforce the same or any other provision in the future.

17. Acceptance

You accept these Terms by:

• Submitting an online booking and paying the Booking Fee
• Signing a Construction Contract or written quotation
• Completing a retail purchase
• Continuing to receive recurring maintenance service after the effective date of these Terms

If you do not agree to these Terms, please do not proceed with booking, payment, signing, or further service.