Cold Plunge Florida

Maintenance Plan – Terms of Service

This Maintenance Plan Agreement (“Agreement”) is made between Cold Plunge Florida (“Service Provider”) and the Client (“Client”). By enrolling in or receiving maintenance services, the Client agrees to the following terms and conditions.

1. Scope of Maintenance Services

The Maintenance Plan covers routine upkeep of cold plunge systems and sauna units, including:

  • Basic cleaning and sanitation tasks

  • General system inspections

  • Performance checks and maintenance adjustments

This Agreement does not include:

  • Repairs of any kind

  • Component replacements

  • Electrical, plumbing, or structural modifications

  • Emergency or unscheduled service calls

  • Restoration due to misuse, neglect, water imbalance, or environmental damage

If issues are identified during maintenance that require repair or replacement, such work will be handled under Section 5.

2. Service Scheduling

Maintenance services will be performed on a mutually agreed-upon schedule, whether weekly, bi-weekly, monthly, or otherwise.

Cold Plunge Florida will make reasonable efforts to arrive within the agreed service window; however, specific appointment times are not guaranteed and may shift due to weather, service volume, travel conditions, or operational needs.

The Client must provide unobstructed access to the equipment at the scheduled time.

3. Client Responsibilities

The Client agrees to:

  1. Maintain safe and unobstructed access to equipment.

  2. Use equipment according to manufacturer guidelines.

  3. Maintain proper water chemistry and sanitation between visits, unless enrolled in a water management add-on.

  4. Promptly report unusual performance, leaks, odors, or error indicators.

Water Chemistry Clause (Critical)

Damage resulting from improper water balance (including corrosion, scaling, algae, mold, or bacterial contamination) is not covered under this Agreement.

4. Exclusions From Coverage

The following are not included and will incur additional costs if required:

  • Pump, heater, chiller, filter, gasket, wood paneling, or electronic component replacement

  • Repairs caused by misuse, neglect, vandalism, freezing, flooding, pests, or power surges

  • Mold or algae remediation

  • Reconfiguration, relocation, or reinstallation of equipment

Pre-Existing and Aging Equipment

Cold Plunge Florida is not responsible for equipment failures due to pre-existing conditions, improper previous installation, or age-related wear. Replacement may be recommended instead of repair.

5. Additional Service, Repairs, and Emergency Calls

If repairs or replacement of parts are needed, the Client will be notified before any work begins.

  • Hourly Labor Rate for Repairs:$350/hour (1-hour minimum)

  • Parts: Billed at current market rates, including shipping and sourcing costs

  • Emergency or unscheduled service calls: Billed at the same labor rate and are subject to availability; response time is not guaranteed

6. Payment Terms

Maintenance Plan fees will be billed according to the payment schedule selected or documented for the Client, including weekly, bi-weekly, monthly, quarterly, semi-annual, annual, prepaid, or another agreed billing schedule.

Unless otherwise expressly agreed in writing, all recurring Maintenance Plans are subject to the twelve (12) month Initial Term described in Section 9, regardless of the Client’s service or payment frequency.

The frequency of payments does not change the Client’s minimum contractual commitment.

Repair labor, parts, materials, emergency services, additional services, travel charges, and other amounts outside the Client’s Maintenance Plan will be billed separately.

Invoices are due according to the payment terms stated on the applicable invoice or service agreement.

Late, declined, disputed, or unpaid payments may result in temporary suspension or termination of service. Suspension of service due to nonpayment does not automatically cancel the Agreement or eliminate amounts otherwise owed by the Client.

(Additional) Travel Charge(s)

Travel fees may apply for locations outside normal service zones or in high-traffic travel conditions. These will be communicated prior to service when applicable.

7. Liability

Cold Plunge Florida is not liable for equipment performance issues caused by:

  • Manufacturer defects

  • Improper installation completed by others

  • Client failure to maintain water chemistry

  • Environmental or structural conditions outside normal use

8. Warranty Disclaimer

Cold Plunge Florida does not provide any express or implied warranty regarding expected lifespan or long-term performance of the equipment.
Any applicable manufacturer warranties operate independently and are not administered by Cold Plunge Florida.

9. Initial Term, Early Termination & Cancellation

12-Month Initial Term

Unless expressly stated otherwise in a written agreement between Cold Plunge Florida and the Client, every recurring Maintenance Plan requires a minimum commitment of twelve (12) consecutive months beginning on the Client’s service commencement date (“Initial Term”).

The Initial Term applies regardless of whether the Client is billed or serviced weekly, bi-weekly, monthly, quarterly, semi-annually, annually, or at another recurring interval.

Enrollment in a recurring Maintenance Plan constitutes the Client’s agreement to remain responsible for the applicable Maintenance Plan obligations throughout the Initial Term, subject to the early termination provisions below.

Early Termination During Initial Term

The Client may request to terminate the Maintenance Plan before completion of the twelve-month Initial Term by providing written notice to Cold Plunge Florida.

Unless otherwise agreed in writing, an Early Termination Fee will apply.

If two (2) or more regularly scheduled payments remain during the Initial Term at the time of cancellation, the Early Termination Fee will equal two (2) of the Client’s regularly scheduled Maintenance Plan payments.

If fewer than two (2) regularly scheduled payments remain, or if the Client’s billing arrangement does not reasonably permit calculation of a two-payment termination fee, the Early Termination Fee will equal eighty percent (80%) of the remaining unpaid Maintenance Plan balance for the Initial Term.

The Early Termination Fee is separate from and in addition to:

  • Payments already due or past due

  • Services already performed

  • Approved repair work

  • Parts and materials

  • Emergency or additional service charges

  • Travel charges

  • Any other amounts properly incurred before termination

For prepaid Maintenance Plans, payments already made are non-refundable except where otherwise expressly agreed in writing or required by applicable law.

Cancellation Following Initial Term

After completion of the twelve-month Initial Term, either party may terminate the Maintenance Plan by providing at least thirty (30) days’ written notice, unless another cancellation period has been agreed to in writing.

No Early Termination Fee will apply after completion of the Initial Term.

10. Renewal

Unless otherwise provided in the Client’s proposal, service agreement, order form, invoice, or other written agreement, recurring Maintenance Plans may continue following completion of the Initial Term according to the Client’s existing service and billing schedule until canceled in accordance with this Agreement.

Any renewal or continuation of services remains subject to applicable law.

11. Client-Specific Agreements & Exceptions

Cold Plunge Florida and the Client may agree to different:

  • Contract terms

  • Service frequencies

  • Pricing arrangements

  • Payment frequencies

  • Minimum commitments

  • Cancellation provisions

  • Early termination provisions

  • Renewal provisions

  • Service inclusions or exclusions

Any exception or modification must be documented in writing and accepted by Cold Plunge Florida and the Client.

If the terms of a Client-specific written proposal, service agreement, order form, or other mutually accepted written agreement conflict with these general Terms of Service, the Client-specific written terms will control with respect to that conflict.

12. Acceptance

By signing, accepting, purchasing, enrolling in, or receiving services under a Cold Plunge Florida Maintenance Plan, the Client acknowledges that the Client has reviewed, understood, and agreed to these Terms of Service and any applicable Client-specific service documents.