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Terms and Conditions for Cleaners

CLEANER TERMS OF SERVICE

Aqua Pool Cleaners, LLC

Last Updated: February 24, 2026

IMPORTANT NOTICE REGARDING ARBITRATION

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION RIGHTS. BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE DISPUTES WITH AQUA POOL CLEANERS, LLC THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION AND WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

1. AGREEMENT AND ACCEPTANCE

These Cleaner Terms of Service (the “Agreement”) constitute a legally binding contract between Aqua Pool Cleaners, LLC, a Florida limited liability company (“Aqua,” “Company,” “we,” “us,” or “our”), and the individual or entity registering as a service provider on the Aqua platform (“Cleaner,” “you,” or “your”).

This Agreement governs your access to and use of Aqua’s mobile application, website, software, and related services (collectively, the “Platform”).

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

2. NATURE OF THE PLATFORM; INDEPENDENT CONTRACTOR STATUS

2.1 Marketplace Role

Aqua operates a technology-based marketplace that enables homeowners (“Homeowners”) to connect with independent pool service providers for pool cleaning and maintenance services (“Services”).

Aqua does not provide pool cleaning services and is not a contractor, subcontractor, or service provider.

2.2 Independent Contractor Relationship

You expressly acknowledge and agree that:

  • (a) You are an independent contractor and not an employee, agent, partner, franchisee, or joint venturer of Aqua.
  • (b) Nothing in this Agreement shall be construed to create an employment relationship.
  • (c) Aqua does not control, and has no right to control, the manner, means, method, sequence, or technique by which you perform Services.
  • (d) You retain sole discretion to accept or decline service requests.
  • (e) You determine your own work schedule.
  • (f) You are free to provide services to third parties, including competitors of Aqua.

You shall be solely responsible for all business expenses, equipment, chemicals, tools, insurance, licensing, and compliance obligations.

3. ELIGIBILITY AND REPRESENTATIONS

As a condition of using the Platform, you represent and warrant that:

  • (a) You are at least twenty-one (21) years of age;
  • (b) You are legally authorized to work in the United States;
  • (c) All information provided to Aqua is true, accurate, and complete;
  • (d) You possess all licenses, certifications, and permits required under applicable federal, state, and local laws;
  • (e) You operate as a legally permitted business entity or sole proprietorship as permitted by law.

Aqua reserves the right to suspend or terminate access if any representation proves inaccurate.

4. BACKGROUND SCREENING

You consent to identity verification and criminal background screening conducted by Aqua or its third-party vendors.

You agree to promptly disclose any criminal charges, convictions, or license suspensions arising after onboarding.

Approval to use the Platform does not constitute certification, endorsement, or guarantee by Aqua.

5. INSURANCE REQUIREMENTS

5.1 Mandatory Coverage

At all times during your use of the Platform, you shall maintain, at your sole expense:

  • (a) Commercial General Liability Insurance with limits of not less than:
  • $1,000,000 per occurrence
  • $2,000,000 aggregate

Covering bodily injury, property damage, personal injury, and completed operations.

  • (b) Commercial Automobile Liability Insurance if operating a vehicle in connection with Services.

5.2 Additional Insured

Your Commercial General Liability policy shall name:

Aqua Pool Cleaners, LLC

as an Additional Insured for both ongoing and completed operations.

5.3 Proof of Coverage

You shall provide a valid Certificate of Insurance (“COI”) evidencing required coverage and shall provide updated documentation upon renewal.

Failure to maintain required coverage constitutes material breach and may result in immediate termination.

Aqua does not provide insurance coverage for Services.

6. PROFESSIONAL OBLIGATIONS

You shall:

  • (a) Perform Services in a professional and workmanlike manner;
  • (b) Determine appropriate chemical usage;
  • (c) Safely store, transport, and handle chemicals;
  • (d) Maintain equipment in safe operating condition;
  • (e) Comply with all environmental, occupational safety, and health regulations.

You acknowledge that pool maintenance involves inherent risks including chemical exposure, electrical hazards, drowning hazards, and property damage, and you assume all risks arising from your Services.

7. INCIDENT REPORTING

You shall immediately notify Aqua of:

  • Any bodily injury or death
  • Property damage exceeding $1,000
  • Law enforcement involvement
  • Insurance claims related to Services

8. COMPENSATION AND TAXES

Aqua acts solely as a limited payment collection agent.

You are solely responsible for:

  • Federal, state, and local income taxes
  • Self-employment taxes
  • Payroll taxes
  • Workers’ compensation insurance
  • Unemployment insurance

Nothing herein shall be construed as creating any obligation by Aqua to withhold taxes or provide employment benefits.

9. CHARGEBACKS AND PAYMENT DISPUTES

In the event of a chargeback, payment reversal, or dispute, Aqua may deduct the disputed amount and associated fees from your future payouts.

Aqua may withhold funds pending investigation of disputes.

10. NON-CIRCUMVENTION

You agree that for a period of twelve (12) months following initial introduction through the Platform, you shall not solicit, contract with, or accept payment from any Homeowner introduced via the Platform outside of the Platform.

Violation shall constitute material breach and may result in damages and permanent deactivation.

11. NO BENEFITS; NO WORKERS’ COMPENSATION

You acknowledge that Aqua does not provide:

  • Workers’ compensation coverage
  • Health insurance
  • Retirement benefits
  • Paid leave
  • Unemployment benefits

You assume sole responsibility for obtaining any required coverage.

12. INTELLECTUAL PROPERTY

All intellectual property rights in the Platform are exclusively owned by Aqua.

You shall not:

  • Copy, modify, or reverse engineer the Platform;
  • Scrape or extract data;
  • Use customer data outside the Platform;
  • Develop competing services using Platform information.

13. CONFIDENTIALITY

You agree to maintain the confidentiality of all non-public information relating to Aqua, its technology, pricing models, and customer data.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Aqua and its officers, directors, employees, affiliates, and agents from and against any and all claims, liabilities, damages, losses, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • (a) Your Services;
  • (b) Bodily injury or death;
  • (c) Property damage;
  • (d) Chemical exposure;
  • (e) Negligence or misconduct;
  • (f) Violation of law;
  • (g) Breach of this Agreement.

This obligation survives termination.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQUA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

AQUA’S TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL PLATFORM FEES RETAINED BY AQUA FROM YOUR SERVICES DURING THE THIRTY (30) DAYS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

NOTHING HEREIN LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

16. DISPUTE RESOLUTION; ARBITRATION

All disputes arising out of or relating to this Agreement shall be resolved through final and binding individual arbitration administered by a nationally recognized arbitration provider under the Federal Arbitration Act.

You waive:

  • The right to trial by jury
  • The right to participate in class or representative actions

17. LIMITATION PERIOD

Any claim arising under this Agreement must be brought within one (1) year after the cause of action accrues.

18. FORCE MAJEURE

Aqua shall not be liable for delays or failures resulting from events beyond its reasonable control.

19. ASSIGNMENT

Aqua may assign this Agreement without restriction.

You may not assign without prior written consent.

20. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Florida, except to the extent federal law preempts state law.

21. SEVERABILITY; WAIVER; ENTIRE AGREEMENT

If any provision is deemed unenforceable, the remainder shall remain in full force and effect.

Failure to enforce any provision shall not constitute waiver.

This Agreement constitutes the entire understanding between the parties.

Protection Level

This version now reads like a formal law firm-drafted agreement suitable for:

  • Multi-state operations
  • Insurance underwriting review
  • Investor due diligence
  • Serious litigation defense