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ACKNOWLEDGMENT AND AGREEMENT WITH BYOP PREMIER PLAN

CUSTOMER ACKNOWLEDGMENT AND AGREEMENT WITH BYOP

Thank you for choosing to Build Your Own Pool, LLC (BYOP). We want you to understand the process of the pool that you are designing and building. BYOP provides you with design assistance and sequencing information for your new pool construction project.

In exchange for your payment, BYOP provides you:

Email & Phone Construction Support
A custom design swimming pool and/or spa drawn to the industry standard of 1/8^th inch scale. The same scale that pool companies and sub-contractors use every day to build hundreds of pool projects.
(1) 2-D Custom Pool Design
Pool Studio 3D Composite Drawing
Construction Drawing Plan
2 Revisions Included
Construction Process Checklist
Application/Submittal Check Sheet
Property Site Plan (Where Applicable)
In-Floor Cleaner Design (If Applicable)
Sub-Contractor List Provided
Backyard Planning Designs
A Pool Specification list that makes it easy for subcontractor bids, quotes and construction takeoffs.
Pool schematics including: depth details, equipment list and in-floor cleaning schematic (if applicable)
Your plans sent to you in a PDF format, also found in your BYOP portal. Easy to attach/forward to subs and pool professionals.
Pool Equipment Quote W/ Spec Sheet
Pool Sequence/Bid Sheet

BYOP will also review planning considerations, including your home’s construction access, city or county setback requirements and evaluate utility considerations.

BYOP will provide you with a pool construction drawing and plan for your review and approval. Once you approve the plan sheet BYOP will upload into the BYOP portal for the bidding process. The portal is designed to provide you with a baseline (1 bid per phase of construction) for you to understand the costs associated with your pool project. It is your responsibility to acquire additional bids, if needed.

Once you have approved your plan sheet and your project costs, BYOP will provide you with an application(s) for your submittal to your municipality (city or county) for a residential pool and/or spa permit, if applicable. The standard engineering detail may or may not be applicable to your pool project. Based on your plan specifications, features, options and/or site requirements, you may need additional engineering, both structural and civil engineering (drainage and grading retention) plans.

During your sub-contractor bid and selection process you can request a bid for these additional engineering requirements at your cost. Your project costs may change because of these project engineering requirements. You must provide the additional details to your pool sub-contractors and your municipality as part of your permit submittal.

You may elect to make two revisions to your pool plan sheet during the planning or bid process. Any additional changes may require an additional design fee based on the amount of required design work. Additionally, if you make a change to your pool, it’s features and/or it’s position in the yard may require a revised plan for re-submittal to your city or county. You understand that a change to an approved permit will require additional costs for engineering details, site plans, drainage & grading plans and fees with your municipality.

Your fee is non-refundable once you commence the planning and design process. You may choose to put your plan on hold at any point in the process (pre-construction) or choose a pool builder or management consultant. BYOP is not responsible for repayment of your fee or any services not used as part of your plan package purchase.

You understand that BYOP is not responsible for any permit fees, engineering fees and fees associated with submittal, revisions and approval of your pool project. You must arrange to pick up and pay for all fees associated with your pool or project requirements.

Customer understands he or she is designing and building his or her own pool. BYOP is not a contractor and is not responsible for the planning, permitting, engineering or construction process. The customer is responsible for the supervision and management of each phase of his or her pool construction project.

If you have any questions about this agreement or your pool plan package, please contact us at:

833-523-0133

[email protected]

Build Your Own Pool, LLC

In addition, you also agree to purchase and take delivery of the pool equipment for your pool based on the plans designed by BYOP. The operation and subsequent follow-up during the pool building process is facilitated using proper construction methods and use of the equipment specified by your pool design.

To obtain a quote for purchasing your pool equipment, BYOP recommends Wholesale Pool Equipment, LLC, which offers competitive pricing exclusively designed for BYOP’s customers.

If, however, you receive additional quotes for your pool equipment, outside of Wholesalepoolequipment.com, BYOP recommends that you send the quotes to Wholesale Pool Equipment for a Price Match quote. If you do not send the quotes and you purchase your equipment elsewhere, you WILL VOID your 5- year exclusive BYOP Equipment warranty and master trade list.

We are a fully authorized factory distributor/warranty station and offer a 5-year warranty on all equipment from Wholesale pool equipment (i.e., pumps, filters, heaters, lights and panels). This 5- year warranty is non-transferable. The 5-year warranty does not include labor and shipping. See below for warranty and registration links. (Note: You must register your pool equipment within 3 months of purchase date for the manufacturer’s warranty to be in effect.) 3 Years from Pentair – 2 Years Wholesale Pool Equipment.

Terms and Conditions of License

Subject to the terms of this Agreement, Build Your Own Pool, LLC (BYOP) grants to you during the Subscription Term (90 days from plan approval) a non-transferable license to use BYOP’s pool design for the exclusive purpose of completing your pool project.

Except as agreed hereunder, you hold BYOP and its owners, management and agents harmless from liability for your pool plans, designs and advice during the planning, construction and the operation of your pool and/or any products designed with the pool. In addition, you will release BYOP from liability for injury, damage or consequences the planning or construction of your pool or the delivery of services during the project.

Although BYOP will provide you with plans and details for the construction of your pool, we are not a regulatory agency. The laws and requirements vary widely, and therefore you are responsible for satisfying applicable regulations for approval of your plans and permit applications.

You will need to verify each contractor you select is licensed, bonded and insured. We also suggest you check your home owner’s insurance for coverage of any damage or injuries that may occur during the project.

BYOP’s designs, plans and pictures are solely intended to assist you with planning and implementing BYOP’s program under this Agreement. BYOP does not warrant that its plans satisfy the permitting requirements of applicable local, state and federal regulations codes.

All plans, designs and pictures remain the exclusive property of BYOP. BYOP is permitted to use any pictures of and, experiences relating to your pool project for promotion of BYOP and its affiliates without recourse or compensation to you or those included with such digital submissions.

Once you have purchased a package, the package is for that address only. We will not refund or exchange work due to an address change. Our scope of work focuses on one pool design at one address. No exceptions will be made once a drawing is in process.

Technical Support.

During the Subscription Term (90 days from plan approval), you will be entitled at no extra charge to access online user guides, knowledge bases and self-help tools, and any additional standard technical support resources (collectively, “Technical Support”) for the BYOP Service offered by BYOP, the terms and conditions of which may be periodically updated on the support or customer care sections of the BYOP website (www.BYOP.net). BYOP reserves the right to modify the posted terms and conditions for Technical Support.

Intellectual Property Rights.

BYOP shall retain all right, title and interest (including all copyrights, plans,
patents, service marks, trademarks and other intellectual property rights) in and to the BYOP Services, Plan and BYOP Materials (including application development, business and technical methodologies, and implementation and business processes, used by BYOP to develop or provide the BYOP Services, Plan or BYOP Materials), and any and all updates, enhancements, customizations, revisions, modifications and, future releases. Except for the limited access and license granted pursuant to this Agreement, you do not acquire any interest in the BYOP Services Plan or BYOP Materials.

Drainage and Grading Plans

BYOP does not offer any advice on existing drainage and grading conditions. All plans are based on pre-existing conditions and any changes made to the property are the responsibility of the homeowner and/or their sub-contractor(s) that are employed by the owner.

BYOP advises you to seek the advice of a licensed civil engineer or survey company prior to starting any construction project on their property.

Dispute Resolution Process. In the event of any dispute between the parties arising out of or in connection with this Contract other than with respect to the termination thereof, the following dispute resolution process will apply unless the parties otherwise agree in writing: (a) the parties must initially attempt to resolve the dispute through collaborative negotiation; and (b) if the dispute cannot be resolved through collaborative negotiation within thirty (30) calendar days of the dispute arising, the parties may between themselves agree to submit the particular matter to mediation in accordance with the laws of Arizona. Unless the parties agree otherwise in writing, the mediation under this section will be held in Arizona; (c) Any dispute between the parties that cannot be resolved by mediation shall be settled and determined by Maricopa County Superior Court. Either party may at any time give written notice to the other of its desire to submit such dispute to arbitration stating with reasonable particularity the subject matter of such dispute. Within (5) business days after receipt of such notice, the parties shall appoint a single arbitrator with appropriate experience to determine such dispute. If the parties fail to appoint an arbitrator, either party may apply to a Judge of the Maricopa County Superior Court General Division to appoint an arbitrator to determine such dispute. The costs of arbitration shall be paid by the party as determined by the arbitrator, which jurisdiction shall include the determination of the costs to be paid by the unsuccessful party. The award of the arbitrator shall be final and binding upon the parties. Judgment upon the award rendered by the arbitrator may be entered in any court.

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January 28, 2021 7:52 pm GMT

ACKNOWLEDGMENT AND AGREEMENT WITH BYOP PREMIER PLAN Uploaded by Build Your Own Pools - [email protected] IP 174.49.39.139