ACKNOWLEDGMENT AND AGREEMENT WITH BYOP
CUSTOMER ACKNOWLEDGMENT AND AGREEMENT WITH BYOP
Thank you for choosing to Build Your Own Pool, LLC (BYOP). We want to ensure that you understand the process of the pool that you are building. BYOP provides you with design assistance and sequencing information to help you with your new pool construction project.
In exchange for your payment, BYOP will provide you with:
Pool design with one revision/modification, phone & email communication support, a color conceptual rendering of your pool design, Links to standard engineering pool or spa detail companies (when applicable, Paid by Homeowner), a construction plan sheet with pool specifications that you will use with and by your selected subcontractors to bid and build your pool. When applicable, an application for submittal to your specific municipality (city or county) for a residential pool and/or spa permit.
BYOP will provide you with a pool construction sheet (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. You understand that it is your responsibility to acquire additional bids if needed. We have also included a change order form in your personal BYOP Portal that we recommend you use in case of any changes you may make during your construction process.
Once you have approved your plan sheet and are comfortable with your project costs, BYOP will provide you with an application(s) for your submittal to your specific 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 possibly civil engineering (drainage, grading retention) plans. During your sub-contractor bid and selection process you can request a bid for these additional engineering requirements. (From 1 of our qualified Engineering firm) Your project costs may and possibly will change based on the requirements provided by 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 one revision 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 design work required as part of the change. 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 start 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 or even permanently place your pool project on hold. 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 engineering, permits and/or fees associated with submittal, revisions and approval of your pool project. The customer must make arrangements to pick up and pay for all fees associated with your pool or project requirements.
The premier package landscape design option does not include the permitting or details need for the construction, permitting or engineering of any masonry, HOA fees or additional site plans need for the permitting of ramadas, pergolas or shade structures.
Customer understands he or she is building their own pool project. BYOP is not a contractor and is not responsible for the planning, engineering, permitting, payment or the construction process. The customer is responsible for the supervision and management of each phase of their pool construction project.
If you have any questions about this agreement or your pool plan package, please contact us at: 833-523-0133
Build Your Own Pool, LLC
Use Rights & Restrictions.
Subject to the terms of this Agreement, Build Your Own Pool, LLC (BYOP) grants to You during the Subscription Term the non-transferable (except as permitted below):
Terms and Conditions:
By accepting the terms of this agreement, you will agree to hold harmless BYOP and its ownership, employees and the individuals associated with your pool plans, designs and advice given during the planning, construction and the operation of your pool and/or any products designed with the pool. In addition, you will release any liability from injury, damage or consequences that arise out of the planning or construction of your swimming pool or the delivery of services during or after your pool project.
Although BYOP will provide you with plans and details for the construction of your pool, we are not a regulatory agency, state or federal official or community housing association expert. The laws and requirements vary widely and you must be aware of and verify that your plans and construction of your pool meets all of these requirements.
In addition, you also agree to purchase and take delivery of the pool equipment necessary for the operation of your pool based on the plans designed during the BYOP process. Wholesale Pool Equipment offers a competitive pricing structure that was designed for the BYOP customer. The operation and subsequent follow-up during the pool building process is facilitated by the use of proper construction methods and use of the equipment specified by your pool design.
Ensure you verify the contractor status with local licensing agencies as well as the state bonding status with regards to insurance capability and capacity of those sub-contractors you choose. Check with your home owner’s insurance company to understand your coverage in case of damage or injury to those connected to your pool construction project.
The designs, plans and pictures that we provide are for the use of planning and implementing the BYOP program. They do not ensure the proper and complete construction success or meeting guidelines of all local, state and federal regulations for construction or code requirements.
All plans, designs and pictures remain the property of BYOP. Any pictures, experiences of your pool construction can be used for subsequent marketing and use in the promotion of BYOP and its affiliates without recourse or compensation by you (BYOP client) 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 is pinpointed to one specific pool design at one specific address. No exceptions will be made once a drawing is in process.
During the Subscription Term, 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 from time to time, the terms of conditions of which may be described and updated from time to time on the support or customer care sections of the relevant BYOP website (www.BYOP.net). BYOP reserves the right to modify the posted terms and conditions for Technical Support, at any time at its sole discretion.
Intellectual Property Rights.
BYOP shall retain all right, title and interest (including all copyrights,patents, service marks, trademarks and other intellectual property rights) in and to the BYOP Service and BYOP Materials (including application development, business and technical methodologies, and implementation and business processes, used by BYOP to develop or provide the BYOP Service or BYOP Materials), and any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes relating to any of the foregoing. Except for the limited access and use rights granted pursuant to this Agreement, You do not acquire any interest in the BYOP Service or BYOP Materials. You agree that any suggestions, enhancement requests, feedback, recommendations or other information provided by You or any of Your Authorized Users relating to the BYOP Service or the BYOP Materials may be used by BYOP without restriction or obligation to You.
Drainage and Grading Plans
It is the responsibility of the home owner, builder or site planner to provide all documents pertaining to the elevations and grading/contours of the property. BYOP is not a survey or licensed civil engineering firm.
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 home owner and/or their sub-contractor(s) that are employed by the owner.
It is the home owner’s or builder’s responsibility to provide completed and approved, per a licensed engineering or survey firm, prior to any final plans that are completed for use or sub-contractor bids and quotes. These would include, but are not limited to approved building site plans, drainage and grading plans and/or a plan indicating all final elevations, contours and all structures and walls within the building envelope.
BYOP would advise any home owner or builder to seek the advice of a licensed civil engineer or survey company prior to starting any construction project on their property.
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Document Name: ACKNOWLEDGMENT AND AGREEMENT WITH BYOP
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