Friday, February 17, 2012

Independent Contractor Form



Believe Day Spa & Boutique Massage Therapy Independent Contractor Agreement

This agreement, dated February 1st, 2012, is between Believe Day Spa ("clinic")  and ____________________ ("contractor")

Status as Independent Contractor

Contractor is an independent contractor and not an employee of the Clinic. As an independent contractor, Clinic and Contractor agree to the following:
  1. Contractor has control of the means, manner and method by which services are provided.
  2. Contractor furnishes all necessary supplies and materials used in the performance of services (e.g., oils, lotions, linens and music).
  3. Contractor has the right to perform services for others during the term of this Agreement. Contractor shall not solicit or provide services to Clinic's clients for private practice during the term of this Agreement or for one year after termination. Upon termination of Agreement, Contractor and Clinic shall discuss which clients, under what conditions and with what compensation Contractor may maintain continuity of service. All client records shall remain the property of the Clinic unless otherwise agreed.
  4. Contractor shall indemnify and hold Clinic harmless from any loss or liability arising from services provided under this agreement.
  5. Contractor is responsible for maintaining appropriate certification and licensure (including all costs thereof).

Services to Be Provided by Contractor

Contractor agrees to provide massage therapy services within the scope of licensure. Contractor agrees to dress in a style consistent with the Clinic's image. Contractor shall maintain client records in a mutually agreed manner.

Services to Be Provided by Clinic

Clinic shall provide the following: a safe, clean environment; a room furnished with a massage table appointment scheduling according to Contractor's stipulated hours; and marketing.

Other Provisions

All Contractor's marketing materials which include any information about Clinic must be approved in advance.

Fees, Terms of Payment and Fringe Benefits

Contractor agrees to keep $25 for in clinic service and $40 for mobile service (New Massage Therapists $17 for in clinic service and $30 for mobile service).  Clinic shall retain the remaining fees collected on behalf of contractor to cover operating expenses, room rental, equipment usage and marketing (see Other Provisions). Contractor acknowledges that Contractor is not eligible to receive any employee benefits.

Local, State and Federal Taxes

Contractor is responsible for paying and filing all applicable local, state and federal withholding, social security and Medicare taxes.

Workers' Compensation and Unemployment Insurance

Clinic is not responsible for payment of Workers' Compensation and Unemployment Insurance. If Clinic is a corporation, Contractor must provide Clinic with a certificate of Workers' Compensation Insurance prior to performing services.

Insurance

During the term of this agreement, Contractor shall maintain a malpractice insurance policy of at least $2,000,000 aggregate annual and $1,000,000 per incident.

Term of Agreement

Either party may terminate this agreement, given reasonable cause, as provided below, or by giving 30 days written notice to the other party of the intention to terminate this Agreement:
  1. Material violation of the provisions of this Agreement.
  2. Action by either party exposing the other to liability for property damage or personal injury.
  3. Violation of ethical standards as defined by local, state and/or national associations and governing bodies.
  4. Loss of licensure for services provided.
  5. Contractor engages in any pattern or course of conduct on a continuing basis which adversely affects Contractor's ability to perform services.
  6. Contractor engages in any pattern or course of conduct on a continuing basis which adversely affects Clinic's or Clinic's associates' ability to perform services.
  7. It is agreed that any unresolved disputes will be settled by arbritration, including costs thereof.
This constitutes the entire agreement between Contractor and Clinic and supersedes any and all prior written or verbal agreements. Should any part of this agreement be deemed unenforceable, the remainder of the agreement continues in effect. This agreement is governed by the laws of the District of Columbia.

Signatures

Contractor:Date:
Clinic:Date:
Witness:Date:


Welcome Massage Therapist


Hi everyone,

I just wanted to make sure that we are all on the same page. Listed are a few tips that have helped in growing and rebooking my client's list. My business has a great reputation, and I have worked very hard to get there, so please be mindful of that. 


1- Dress professionally & Smile :-) No flip flops/ No Jeans!
Create a lasting first impression...

2- Clean sheets (Nice Twin sheets can be purchased at goodwill for $1.99) 
(Make sure there is no rancid smell on your sheets for those of you who use oil) 
I use organic sheets, if anyone is interested, I have about 6 left, and they cost me $20 (reg. $44) for 2 sheets. They look more professional and softer on client's skin. Great investment! 

3- Please do not try to have a conversation during the session (unless clients initiate the talking). The clients are there to relax, so create a relaxing environment for them. 

4- Tailor made session for client (We should take 5 min to listen to client's need, and figure out the best treatment for them). They must consent to receiving treatment as well (liability issue). Please do not perform deep tissue on a client when they ask for a relaxation massage (they will not come back).  ASK FOR ALLERGIES!!!
You may add your suggestions to upgrade ONLY if you think that would benefit the client's need. There is a $10 upgrade for any additional modalities, $5 extra for each additional upgrades (HOT STONE + $15 ). 
Please make sure you communicate that ahead of time with the client to see if they are willing to pay for the extra service. (Stone massage is a great way to make some extra cash). Everyone should have their own stones, and a small crockpot (Crockpot $ 2.99 @ Goodwill and stone can be purchased on ebay). I have had clients requesting hot stone massage, but could not find any therapists to perform the service. 
Intake form must be filled out before each session (No exception). Please cross out the space for their personal information, they only need to put their initial and date of service to be sure we are in compliance with the "Health Insurance Portability and Acountability Act of 1996 (HIPAA)." We need client's consent before performing any service due to liability issue. I need a copy of these intake forms to be either mailed or faxed to me right after the session, so that it can be added to their progress notes. 

5- Please provide us with the following items:
*Resume
*Copy of your liability insurance policy page.
*Copy of your license
*Copy of your Driver's license
*JPEG photo- (a recent photograph that I will post on the website for identification purposes*)--- It helps the client know which therapist will be working on them. I trust you all, but this identification process also helps the client connect to you prior to their session. Please click on this link for an example -->> (Massage Therapy)
 *Please let me know about your criminal background or anything illegal on your record. I am sending some of you to client's home, so I need to know if there is anything in your past record. 
Due to the high volume of interest in working with Believe Day Spa, we must give priority to therapists who send their information to us in a timely manner.  

6- Payment (Compensation)

*For in spa services, you will get paid $25 (New Graduate Therapist $17) + 50% of any upgrades
*For mobiles services, you will get paid $40 (New Graduate Therapist $30) + 50% of any upgrades
*For our new therapists, we understand that you are getting hands on experience. We start you at a lower rate because if anything goes wrong, we have to pay an experienced therapist to make up for your service. After 3 months of performing outstanding services and getting great feedbacks from clients, you will be upgraded to senior therapists.

* It is very convenient to me if you have a Bank of America account. As soon as I get a confirmation from the client that the session has ended, I will transfer the money to your account. You'll get paid the same day :-) 
* If you don't have a Bank of America account, I will have to mail you a check the next business day. It usually takes 3 to 4 business days. 

7- If you  have any suggestions, please feel free to call, text, or email me. 

8- I will try my best to give you all more time to prepare for your appointment. 
* Please locate the address before your appointment
* Be on time for your appointment

9- Our clients list belongs to Believe Day Spa. It is unprofessional to share your contact info with clients. This is not acceptable!


10- Rebooking clients after each session. By taking the time to interview each client, and understand the reason for their massage, it will make it easier for us to rebook them. Relaxation is a process, not a one time thing. If they are looking for relaxation, then suggest that they come back to see you in 2 weeks or once a month. Same thing with pain relief, they need more than one session to solve their issue. If we could have each client come back and see us, we will have more business. Bringing one client is extremely expensive to the business owner. We are not the only massage place in Jacksonville. We are competing against many others. We need to make sure that we go beyond their expectations.
"ASK CLIENTS TO REBOOK - Probably the easiest and most effective way I have found to keep my schedule not just full but overflowing is by consistently rebooking existing clients, rather than merely bringing in a steady flow of new clients. Clearly, the best time to get a client to schedule another appointment with you is while they are still in your office. They have just experienced your wonderful work and are sure to be enthusiastic about coming back. Not only that, but you are face-to-face, and able to discuss all the appointment possibilities in person rather than through voicemail or answering machines." (Retrieved from www.Spalutions.com/)

Tips for mobile services
- Dress professionally
- Bring a small radio to create a spa setting to those clients (They must experience the value in what they are paying). Being a great LMT is not good enough. 
- Call me before you go in, and call me after you leave. I try my best to screen each caller, but I cannot guarantee their behavior once they meet you face to face. Stand firm and stay in control of the situation (don't be rude). If anyone is acting inappropriately "Ask them if they would like you to terminate the session, and inform them you are not comfortable with their behavior". If it gets worse, grab your belongings and leave the session. We are not responsible for any damage caused by our clients. That's why we strongly encourage you to carry your liability insurance. Doing mobile massage services can be risky, it's always a good thing to have someone along with you or let them know your whereabouts.  

12- We are a Christian based business, therefore any sensual/sexual services requests are not acceptable. We will notify the authority and investigate any massage therapists messing up our reputation and policy. 

13- During the session, find a way to stimulate your client's five senses (Tips)

Sight: Clean sheets, rose petals on the table
Smell: Aromatherapy (lavender preferred) 
Hearing: Relaxation music
Touch: massage or use hot stone
Taste: I give them a bottle of water at the end of the session (That's less than $1). They  appreciate the gesture!

14- We need their feedback. At the end of the session ask them if they would fill out your feedback form. Those are great marketing tools that we can post on the website and keep for your portfolio as well. For privacy reason, they can just put their initials. Another benefit to this is the opportunity to better serve the client the next time they schedule a massage.

15- Availability. Please provide me with a schedule of your availability on a weekly basis by either text or email. In order to run the business smoothly we need massage therapists who are dependable, reliable, and professional.


16- If you fail to provide us with the Intake form and Feedback form, we will no longer use you as an independent contractor. 

Joanna Benoit, LMT Copyright 2012