Massage Therapist Independent Contractor Agreement

Take the time to write up an independent contractor agreement for your massage therapists.

When you own a massage studio, it's easy to just hire massage therapists and call them independent contractors to take the tax burden off of you. But without a formal agreement, there is no way to enforce any financial arrangement you have. The contractor could walk out on you or worse, the IRS could mistake her for being an employee and slap you with a fine for not withholding taxes. Therefore, a written agreement is necessary.

Purpose

The purpose of an independent contractor agreement is to spell out all the terms of the arrangement and to clarify who is responsible for what. If a problem ever arises, the parties should refer back to this document for dispute resolution.

Independent Contractor Status

The first thing that needs stating on the agreement is that the person is an independent contractor. Spell the terms out clearly: the contractor is in charge of arranging his own appointments, collecting payment, marketing himself, cleaning his area, the method he uses to deliver the massage and furnishing any supplies necessary. This is important because there is a fine line between being an independent contractor and an employee, and, as a massage studio owner, you don't want to get caught in a legal loophole.

Legal Implications

Contractor status affords the owner leniency when it comes to filing taxes since the contractor is responsible for her own financial dealings. It also frees the massage studio owner from having to pay worker's compensation and unemployment insurance for the contractor. In addition, it serves to delineate the two parties' interests.

Features

Rental terms should go into the agreement as should any specific clauses the independent contractor or the owner wants to address. The document should outline each party's responsibilities to each other, himself and the massage studio. Clearly review any financial considerations, such as the contractor paying an additional amount during months that the owner runs marketing campaigns.

Warning

Notarize the massage therapist independent contractor agreement and make two copies. The contractor and the owner should each have one copy readily accessible while keeping the original in a secure place. Notarizing the contract will aid in legal enforcement if a problem should arise.

References

• The Body Worker: Massage Therapy Independent Contractor Agreement