Vodka, Pool Fraud, and Service Agreements - Rudy

In this episode of the Talking Pools podcast, host Rudy Stankowitz covers a wide range of topics that pool professionals won't want to miss. Rudy begins with a viral video involving pool vodka dosing, dissecting the science behind it and whether it holds any merit. He explains the concept of carbon dosing in aquariums, how vodka interacts with nitrite and nitrate levels, and whether similar techniques could be applied to pools.

The episode then shifts to a fraud case involving a pool contractor who left several customers with unfinished projects and in financial straits. Rudy highlights the legal and ethical importance of maintaining professionalism in the pool industry, especially when it comes to customer trust.

Rudy rounds out the episode by offering a comprehensive guide to service agreements, breaking down each component from scope of services to payment terms, liability, and dispute resolution. He emphasizes the importance of clear contracts in maintaining smooth business operations and protecting companies from potential liabilities.

Packed with useful tips and insights, this episode blends humor, practical advice, and industry news in Rudy’s signature style.

Transcript

Rudy (00:00)
Lemonade. It's okay.

Hey everybody, Rudy with the Talking Pools podcast. It's Friday! We've made it yet again to another weekend. Weekend Eve. Hopefully you got some good plans going on. I've been running around like a fart in a hurricane.

Trying to keep up with everything I have happening here between my classes, my research, my writing, the podcast, which I love doing. And I love the fact that you guys take time from your day to tune in and check out what we have to say. It's.

such a privilege to be able to do this with you guys. It really, really is.

I wanted to first start talking about one of those crazy viral videos that go around. This one's from either last year or the year before maybe. I don't quite remember exactly. It was the one where the two idiots dumped bottles of Tito's vodka into a swimming pool in order to make the pool algae free. And they showed these spectacular results within a very, short timeframe. I'm going to dissect it because the truth

is what they did could possibly work if it was done a little bit differently. Let me explain.

vodka dosing, very popular in the aquarium industries with fish tanks, adding the vodka.

to reduce nitrite and nitrate levels, vodka is a form of carbon dosing.

vodka primarily contains ethanol, which is a carbon rich compound.

So by adding the vodka to the water, the vodka is serving as a source of carbon.

That encourages the growth of some beneficial bacteria. Because we have good bacteria, we have bad bacteria. So the vodka dosing, the carbon that comes along with that, encourages the growth of the good bacteria.

The bacteria.

especially the anaerobic type.

uses the ethanol from vodka as an energy source.

denitrifying bacteria actually consume.

nitrate and nitrite in water.

This converts them into nitrogen gas, which safely outgasses escaping the water.

So the bacteria metabolize nitrite and nitrate as part of their respiration process. It breaks it down into nitrogen gas, thus reducing toxic nitrate or nitrite levels in that body of water.

Vodka dosing.

can help balance the nutrient levels by providing a controlled way to reduce nitrite and nitrate.

without relying solely on your filter systems

Again, like I mentioned, this method really popular in reef and saltwater aquariums,

It helps them to reduce harmful nitrogen compounds that can disrupt that ecosystem.

So how much would you really have to add to a swimming pool to make this work like they're doing in aquariums? It's not two bottles in one day. I promise you that. Let's break it down. Let's take a look at it.

First off, the results are going to vary because the conditions vary. It's going to depend on the amount of bacteria.

your water chemistry and your filtration efficiency.

much would it take to drop the nitrate level 10 parts per million in a 10 ,000 gallon swimming pool? All right, first, let's look at the dose for the fish tank. It's 0 .1 milliliters per 25 gallons of fish tank water. That's what they add. And then this increases slowly over time. So to calculate the dose for a swimming pool, again, 10 ,000 gallons of water, we're looking to lower the nitrate level by 10 parts per million.

we would divide the 10 ,000 by the 25 gallons that 0 .1 milliliter says that it treats. That gives us 400, right? 25 goes into 10 ,400 times. So our initial dose, if we take the 0 .1 milliliters, multiply it by 400, what we would get is 40 milliliters of vodka per day.

to start. Then increase this incrementally.

How much do we increase it? About 20 % a week is what we're looking for. And again, keep in mind, we're adding this daily. The dose increases 20 % each week.

And we do this until we can detect the level on the test kit that shows that we've achieved this 10 part per million drop that we're trying to get.

Depending on the current nitrate population and the current bacteria population, this could take anywhere from a couple of days to several weeks.

But keep in mind, I'm not talking about using vodka to kill algae. I'm talking about using vodka to lower the nitrate level, which yes, algae needs nitrates to survive, but don't expect to knock it out within a day or two. Even if you drop the nitrate level by 10 parts per million over the course of a couple of days or a couple of weeks, you're still gonna have the algae problem. We still have to go about treating that

differently. It's not going to remediate it. It will help some. It can work as a preventative measure.

But still, dumping vodka in the pool every single day can be a bit of a pain in the ass. But the dose, really not as large as you would think. 40 milliliters per day, at least to start with, and 10 ,000 gallons of water.

So there is some science behind the video that those two made. You're never going to get the results like they got within the time frame that they got them. You don't just randomly dump. There's an actual dose we can use. And then it takes time. And again, that time, it's going to vary from pool to pool depending on the different variables. So there you go.

Two idiots and a bottle of Tito's? There's some fact in that. Crazy shit, right?

you guys remember that guy Jordan Hidalgo, pool company owner down in Tampa charged with multiple cases of fraud last year.

He faced a lot of accusations of accepting payments from clients.

for swimming pool construction and renovation projects, but failed to complete the work. you know, the song, take the money and run.

This left a lot of customers with unfinished pools in their backyards.

Why am I bringing it up now? Hidalgo was arrested just a few weeks ago in August of 2024. I think it was the 27th, actually.

Following Hidalgo's original arrest, an investigation triggered by numerous complaints from customers who had claimed that he had taken their money and disappeared.

Or...

In some customers reported that Hidalgo actually started the work, but then never showed up to finish it. So they have half finished jobs, big holes in their backyard.

This forced them to have to hire other contractors to come in and either pick up where he left off or fix what he did. How much does that suck? Can you imagine getting that call? Can you come out here? Look, it's a quarter of the way done.

The investigation revealed a pattern of deceitful business practices conducted by Hidalgo.

where he allegedly was promising quick, speedy delivery of product, which in this case would be the pool.

Authorities charged Hidalgo with several felonies, including grand theft.

and contract fraud.

His arrests served as a warning to both consumers and contractors.

about the importance of following legal and ethical standards in business operations.

Many of the homeowners, the pool owners, almost pool owners that this affected, expressed a lot of relief in hearing about Hidalgo's arrest.

The case generated significant attention in local media.

highlighting the need for regulatory oversight.

in the pool contracting industry.

Hidalgo's fraudulent practices not only caused financial hardship for those customers that he'd screwed over, but it also burned them for pool contractors.

It damaged the trust.

The Florida Department of Business and Professional Regulations are scrutinizing Hidalgo's licensure.

and they plan to take further action to prevent similar things from occurring in the future.

Hidalgo is waiting trial and his victims are pursuing legal avenues to recover their losses.

This arrest

gives a bad name to the industry. I don't like it. People screw people over. That brings the image of the pool service or the pool contractor, pool industry down many notches.

I'll do my best to keep up with this and let you know what the actual charges are once that trial concludes.

I wanted to talk with you guys a little bit today about service agreements. But first, understand what a service agreement actually is. It is a contract. Doesn't matter what you call it, it's a contract.

It defines the scope of your work, payments, terms, responsibilities, and other critical aspects of that relationship.

It is your first line of defense in preventing misunderstandings.

and disputes.

On top of that, actually having a service agreement elevates your professionalism in the eye of the public. So that's yet another good reason. Another thing that you can boast that your competitors cannot.

A service agreement helps set their expectations.

Clients will know the services are included, how often they occur.

And again, what is not covered in the agreement. A lot of people, when they get pool service, they think pool service is everything that that pool could ever possibly need. You have to list out what you include.

or at least you should. That's where the service agreement comes in handy because you can always refer back to that.

On top of that,

Having a formal agreement can help keep your ass out of trouble.

It can help protect your business from legal liability and financial loss in the case of a disagreement or a breach of contract.

I don't wanna talk about, why they're good. I wanna talk about how to put one together. So if you already have one, check it out. Maybe I have some ideas and some thoughts that you didn't have when you drafted the initial. For those of you that are just looking to get one, again, check it out.

I'm going to help you as much as I can, but I'm going to state to everybody in doing this, in listening to me, I'm a pool guy, damn it. I am not an attorney. And this is a legally binding contract that you're about to draft. So when you're done,

I would run it by your attorney just to have them check it out and see if they have any suggestions on change to make sure that we cover the liability that way as well. It's the smart thing to do.

Let's break the service agreement down into different components. First, the introduction and the scope of services.

you should provide a brief overview of the contract here.

the parties involved, your company and the client, and the effective date of the agreement.

It's also good to include a brief statement of purpose explaining that the agreement outlines the terms and conditions of the swimming pool service

The scope of service is arguably the most important part of this agreement.

This section should detail the specific services that your company is going to provide.

For example, you can include your routine maintenance items like brushing, skimming, vacuuming.

It's a good place to put in vacuum as needed if you want, because we all know there's been days sometimes when you'll walk up to a pool where maybe it doesn't need it or maybe your policy is to vacuum it anyway. Either way, add that here.

Be as specific as possible to avoid any ambiguity.

If you offer different service packages, make sure you outline what is offered in each.

This is also where you'll want to include the frequency of service that you're offering. Once a week, twice a week, once every two weeks, once a month, whatever it is, that goes here.

It's just as important to add what's not included.

This sets an extremely clear expectation.

For instance, repairs, emergency services.

phosphate removal, different additives, filter elements, all of those things. If they're not included, you make sure that you list those in that agreement as well.

This helps your clients to fully understand what they're agreeing to.

Next section, payment terms and conditions, how you get paid.

you should specify here the total cost of the services you are providing.

how they are to make their payments, and when those payments are due.

whether it's monthly, per visit, if you front load, you bill ahead of time for the month coming up, make sure we include that here.

Be clear about the methods you accept. Are you going to take credit cards? Is it OK to Venmo you? Will you only take a check, or do you just want cash? Whatever it is, make sure that you put that in this section here.

If you're going to have a clause regarding late payments, that goes in this section also.

specify the penalties for the late payments, such as percentage -based late fee or a flat fee.

Whatever it is. And then outline the process you're going to take for overdue accounts. Step one, a letter, step two, a phone call, step three, collections, step four, lien on the house, whatever it is. Map that out here so they know fully what to expect if they don't pay you.

and definitely include.

that you're gonna suspend services until you get paid. Don't be out there like an idiot continuing to clean their pool when they're not paying you.

These things will help you to establish a smooth billing process.

The next section, duration and termination of the agreement. We have to have this section also.

This section should specify whether or not this agreement is a fixed term. Maybe you want to update it once a year, or maybe it's something that you just use month to month.

include information on what happens at the end of the term. Are you going to take this opportunity to update your service agreement?

Will there be different things in it that they should know to look for? Is that a possibility?

termination clauses are crucial aspect of the service agreement.

List the conditions under which either party can cancel the service. Yeah, you too. Leave yourself a way out. If you have a customer that's either a complete pain, harassing your staff, driving you nuts, leave yourself a way out. If you bid a job and you're handling it, but you're losing your ass somehow for some reason, you have a way out.

Make sure you put that there for yourself as well. Maybe you want 30 days notice, maybe you'll give them 30 days notice.

I would also list here.

The reasons why you would terminate somebody's service, whether immediate or within whatever timeframe you agreed. These are the things that result in immediate termination of service. List those items out as well so they know ahead of time, hey, if we do that, we're out.

Let's put in a section about the client's responsibilities. What is that homeowner responsible for in this service agreement?

Here's where you have things like granting access to the property.

topping off the pool water, that should be the homeowner's job, not yours. You're not on site long enough to replace two inches of water in a pool that was lost due to evaporation. They need to keep on top of that, put it in the service agreement. If you don't want your homeowner changing the run times for the pump so they can save electricity, we need to put those things in the agreement as well. Do not touch. Or maybe we put in that they do need to run their pump

throughout the threat of a hard freeze. That responsibility is theirs.

You should make sure that they put their pets up on the days that you're coming. If they have a solar cover on the pool that they like to use, I would make sure it's off when I arrive because I guarantee you it'll still be off when I leave.

They should also notify you immediately if there's any problems with the pool or equipment. Like right away. Don't wait two, three days. Let me know now.

If certain circumstances are necessary for you to be able to complete the service that you offer, make sure you list those here as well.

This section helps the pool owner understand their role.

in facilitating the successful maintenance of their swimming.

It can also help to prevent disputes about service performance.

Let's talk about liability and insurance. That should be the next section.

You should outline the extent of your company's liability should that pool owner face any dammit.

in the event of damage.

to the client's property or injury. This section should outline the extent of your company's liability in the event of damage or injury to the customer's property.

resulting from your service.

Typically, this is going to limit your liability to cases of gross negligence.

or willful misconduct.

while excluding liability for accidents or damage that are beyond your control.

It's also important here in this section to make a statement about your company's insurance policies.

Insurance coverage.

Let your client know the type of insurance that you have, such as liability insurance, workman's comp, pop -up insurance.

and any other relevant policies.

Providing this information helps to reassure those customers that you're responsible and they're dealing with a professional business.

You can also include here a clause making the homeowner responsible for contacting you immediately.

to report any damage to the pool or its equipment.

This helps to keep small problems from becoming big problems.

The next section should be dispute resolution. How are we going to handle problems if they arise?

Even with the most comprehensive service agreement, disputes still can occur.

So including dispute resolution in your contract, in your service agreement.

helps you to outline the process for resolving conflicts should they occur.

This is also where, if you plan to go this route, you should list that disputes are.

resolved through mediation or arbitration rather than litigation.

which can be time consuming and costly for both parties.

You might want to include a jurisdiction clause.

specifying the state or county that will be governing this agreement.

or where any legal proceedings will take place.

This is particularly important if your company operates in several states or counties.

Dispute resolution

helps you to minimize the potential for conflicts to escalate and it gives you the ability to handle disagreements in an efficient manner.

Let's add a confidentiality and non -disclosure portion to this service agreement.

You might have a secret ingredient that you use or that you do that sets you apart from all the other companies. And we don't want this person talking about it. We don't want anybody talking about it. It's our secret ingredient.

If you have unique processes or technologies, you have to protect them.

Since we learned so much in 2020 when the pandemic occurred, let's include a section for force majeure. This protects you and your company so that you're not held liable for any delays in product or materials.

things that are beyond your control.

This could include natural disasters, acts of terrorism, unforeseen events that prevent you from fulfilling your contractual obligations.

Remember when we couldn't get chlorine? Yeah, things like that.

So we should also clearly define what constitutes a force majeure.

and the steps your company will take should such an event happen.

For example, you could put right in the service agreement that you will suspend services for the length of time that such and such is occurring, whether it's lack of product or hurricane aftermath.

if that's what you plan to do.

Another important section to include is amendments and modifications.

you will find times where you want to tweak this service agreement.

because you're going to get better at it over time, knowing what to include. You'll see patterns develop over time, things you might want to head off.

You should list out the process for which you're going to make changes in this service agreement should they occur.

You should also list how these changes, these amendments will be communicated to your customers, to your clientele.

And you should give a time frame so they know when to expect whatever this change is to occur.

For example, you could say that any modifications to the agreement must be done in writing and then have a signature of both a company representative and that homeowner.

This ensures that both you and your client are aware of any changes and agree to them before they take effect.

It's also a good idea to put in there that this agreement supersedes any prior agreements, any previous agreements or understandings between the parties. This prevents confusion and ensures that the terms of the agreement are up to date and reflect

the current relationship between you and your customer.

Finally, we need a section for signatures and finalization.

This should include signatures of both parties. Get your homeowners to sign this.

This section should clearly state that by signing this document that both parties agree to the terms and conditions outlined in this service agreement.

In addition to signatures and the date, you might include an area where they can put their printed name.

And that's basically the gist of it. So we've covered a bunch.

vodka, fraud, and service agreements. How do they all tie together?

I don't know.

Anyway, so that's what I have for you guys today. Vodka, fraud, service agreements. If you have any questions or suggestions, send them to talkingpools at gmail .com. I'd love to hear from you guys. If I take one of your questions and we use it in an episode, we're going to send you out one of the, what the flock, I don't have it on right now. What the flock talking pools podcast hats. It's a nice embroidered hat.

fits well, comfortable to wear. I'll get you one of those out in the mail. All you gotta do is send in a question. If we use it on the show, you'll get the hat. Otherwise, leave us a good review. Give us five stars while you're there,

Share us with a friend. And until next time, be good, be safe.