Crystal River Spas, Inc. (“Crystal River”) will perform the work described in the above proposal (the “Work”) to which these terms and conditions are attached (collectively, the “Agreement”). By signing the Agreement, these terms and conditions are agreed to by both parties, as well as any prices, specifications and conditions identified herein.
The undersigned customer (“Customer”) will pay all fees, product charges, and expenses billed by Crystal River. A deposit of 50% of the total price is required to place a pool/spa on order. The final balance is due upon delivery to the site, not upon start-up. If the team at Crystal River is involved with planning the project, an additional 10% project management fee will apply on top of the subcontractor’s fee in the final invoice. Each site visit has an additional $100 charge per visit, whether work can be completed as scheduled or not.
Electrical preparation – Crystal River will provide the subpanel for your model and it is up to the Customer to have a licensed electrician install and set up the panel correctly prior to delivery. Crystal River has no responsibility for assisting with the electrical set-up upon delivery. If set up is not done correctly and additional visits are required, additional fees may apply.
Site preparation – For a spa, a flat level surface that can support the weight is required; for an Endless Pool, a level concreate pad that is at least 6” thick for proper footing is required for support and must be prepared prior to delivery. The unit will be as level as the surface you provide. If the site is not prepared correctly, Crystal River may give notice of the condition to the Customer and stop the Work. If any additional visits are required, additional fees may apply.
Standard delivery – for a spa, includes 2 people; for an Endless Pool, includes 4 people and a crane with a 92’ reach. If a crane or additional labor is required at any point to complete the delivery, it will be billed on the final invoice.
The following is not included in and specifically excluded from the Work: plumbing, electrical, removal of personal items, paint touch up, repair or relocation of any on-site utilities, location of private utilities, and inspections, all of which are the responsibility of the Customer. Any additional work not specified in this Agreement that is required or requested will be billed on a time and materials basis, as determined by Crystal River in its sole subjective discretion.
This Agreement is entered into based on the following assumptions: (a) prior to beginning the Work, Customer has removed all furniture and obstructions that would in any way interfere with the Work; (b) prior to beginning the Work, Customer has made all selections necessary for the Work; and (c) prior to beginning the Work, Customer has completed the Electrical and Site preparation necessary for Crystal River to perform the Work.
The parties acknowledge that materials installed or ordered by Crystal River are not returnable and nonrefundable and must be paid for by Customer, regardless of termination of this Agreement.
Crystal River makes no warranty whatsoever with respect to the products ordered, including a.) warranty of merchantability; or b.) warranty of fitness for a particular whether express or implied by law, course of dealing, course of performance or otherwise.
Customer agrees, represents, and warrants that, to the extent the Work requires it, Customer will secure sufficient property insurance covering any property potentially affected by the Work, to insure the property against any and all damages that may arise from the Work.
Crystal River shall complete the Work specified in the Agreement within a commercially reasonable time or in accordance with the delivery date agreed between the Customer and Crystal River, which must be attached to the Proposal at the time of signing.Notwithstanding the foregoing, any delivery date agreed to by Crystal River is expressly subject to and shall be proportionately extended due to delays caused by untimely delivery of materials, labor shortages, governmental orders or guidelines, price fluctuations, consequences of the pandemic, and any other delay beyond the reasonable control of Crystal River.
Crystal River and Customer agree to indemnify and hold the other harmless, and their respective officers, employees, agents and representative from and against liability for all claims, losses, damages and expenses, including reasonable attorney fees, claimed by third parties to the extent such claims, losses, damages or expenses are caused by the indemnifying party’s negligent acts, errors, omissions, misrepresentation, or breach of this Agreement. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of Crystal River and Customer, they shall be borne by each party in proportion to their respective negligence or fault.
Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Crystal River and Crystal River’s officers, directors, members, partners, agents, employees, and to Customer and anyone claiming by, through, or under Customer for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to this project or this Agreement from any cause or causes, including but not limited to: negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied, of Crystal River or Crystal River’s officers, directors, members, partners, agents, employees, orconsultants (hereafter “Customer’s Claims”). Customer’s Claims shall not exceed the total insurance proceeds paid on behalf of or to Crystal River by Crystal River’s insurers in settlement or satisfaction of Customer’s Claims under the terms and conditions of Crystal River’s insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal).
Customer and Crystal River agree to waive all claims against each other for any consequential damages that may arise out of or related to this Agreement, including, but not limited to, the Customer’s loss of use of the property, any rental expenses incurred, loss of income, profit or financing related to the Work. To the fullest extent permitted by law, Crystal River disclaims all warranties, express or implied. The provisions of this paragraph shall also apply to the termination of this Agreement and shall survive such termination.
The laws of the State of Colorado shall govern the interpretation, validity, and effect of this Agreement. In the event of a default by either party to this Agreement, in addition to all rights and remedies available to the non-defaulting party as a result of such default, the defaulting party shall be liable to pay to the non-defaulting party all costs and expenses, including, without limitation, attorneys’ fees, disbursements and court costs incurred by the non-defaulting party enforcing this agreement.
This Agreement constitutes the entire Agreement between the parties. Crystal River has not made and does not make any representations with respect to any matter or thing affecting or related to the subject matter of this Agreement, except as herein specifically set forth, and the Customer hereby expressly acknowledges that no such representations have been made. If any of the provisions of this Agreement shall contravene or be invalid applicable law, such contravention or invalidity shall not invalidate the whole Agreement or any other provision thereof, but this Agreement shall be construed as if not containing the provisions held to be invalid, and the rights and obligations of the parties shall be enforced accordingly.
Crystal River Spas and/or Soak Hot Tubs & Endless Pools are not responsible for any site preparations or permits required either by the government or HOA. It is the sole responsibility of the homeowner and their contractor. For questions, please consult with your contractor or county.