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In the event that you are not paid as an employee, you are considered an independent contractor and must have a business license.
How AB 5 might affect licensed massage therapists isn't determined yet, as massage therapy is not specifically mentioned as an exempt profession in the bill. However, many professions will be exempt, including some health care occupations.
What should be included in a Contractor Agreement?Statement of Relationship.Project Description.Payment and Billing Terms.Responsibilities of Each Party.Project Timeline and Deadlines.Termination Conditions.Nondisclosure Terms, and Confidentiality and Non-Compete Clauses.
How do I create an Independent Contractor Agreement?State the location.Describe the type of service required.Provide the contractor's and client's details.Outline compensation details.State the agreement's terms.Include any additional clauses.State the signing details.
Generally, massage therapists are independent contractors if they are used on a temporary basis, utilize their own equipment and supplies and are paid a set amount for a job.
Write the contract in six stepsStart with a contract template.Open with the basic information.Describe in detail what you have agreed to.Include a description of how the contract will be ended.Write into the contract which laws apply and how disputes will be resolved.Include space for signatures.
However, in the corporate massage world, most service providers hire massage therapists as independent contractors, not employees. If your onsite massage company is one of the many that does not classify their California massage therapists as employees, your program may be at risk.
Massage therapists who work for themselves typically sign an independent contractor agreement with the company where they'll be providing services. A contractor agreement states specific agreed-upon terms between the massage therapist and company, such as those affecting liability and confidentiality.
Profession: An occupation that requires extensive education or specialized training; the members of a particular profession. The practice of massage involves skill and it can be an occupation, so it clearly meets the definition of a trade. A profession requires extensive education or specialized training.