Many people today enjoy the positive massage experience that leaves them feeling more relaxed and refreshed than when they arrived at the spa. Massage therapists treat clients with touch by manipulating the muscles and other soft tissues throughout the body to ease pain and treat injuries. Massage can also help to relieve headaches, relieve stress, improve blood circulation, and help in the restoration of normal function following an injury.
Massage therapy is usually conducted in a massage booth. A booth is usually a small, private room, often with curtains or doors, so the client and therapist can have privacy during the massage. Massage therapists can now access various massage therapy booths at an affordable price. However, the prices depend on the length of time rented, and extra fees might apply for weekends, holidays, or other specific timeframes. Some therapists prefer to rent a massage therapy booth, while others prefer to purchase their own and work on it as an investment.
This article covers all aspects of a massage therapist (booth) rental agreement. It discusses a massage therapist agreement, what to do before renting a booth to a massage therapist, and how to write one.
What is a Massage Therapist (Booth) Rental Agreement?
A massage therapist rental agreement is a contract between the owner of the booth, the lessor, and the lessee, who will be using it to provide massage.
This contract is typically for a one-year term and must be in writing. The agreement is simple, allowing the lessee to rent the booth in exchange for rent to practice their therapy services. Other terms, such as how rent is paid, operating hours, use of the space, and other terms, could be included.
This agreement is for the use of a booth by a massage therapist. The booth rental company is renting this space because they believe it will generate revenue for their business. This agreement applies only to one event where massage therapy services are performed.
Before leasing a booth, the lessor should check if the massage therapist is licensed and insured. Check with the licensing board concerning liability, such as if the therapist has debts and other insurance issues. Before the lessor allows anyone to use their booth or display space at their event, checking their credentials and ensuring they have a valid massage therapy license is essential. The lessor cannot legally rent out space to a person who does not have a massage therapy license. Just because someone claims they are licensed doesn’t mean they are, which is why it is essential to check. Unlicensed individuals sometimes claim they are licensed when they hold an expired or no license.
How to Write a Massage Therapist (Booth) Rental Agreement?
Several aspects of the written agreement must be included to be valid and enforceable. In case the lessor has a dispute with a licensed massage therapist, this document will be used to help decide how you will resolve your issues.
This section discusses those elements in detail:
Date
The date that both parties enter into this agreement should be recorded. This is the date the lessor will rent their booth space to the massage therapist. The agreement should be dated and fully specify the beginning and end dates of the rental period.
Involved parties
This agreement is between the event rental company and the person renting the booth. The person who rents out the booth is referred to as the lessor, while the massage therapist is known as the lessee.
Below is the information needed in the massage therapist booth rental agreement:
- The lessor is the individual or company renting a booth to the massage therapist. The lessor’s name, address, email address, and phone number are listed here. In addition, the suite number being rented out is also written in this section.
- The lessee is the massage therapist who is renting the booth. The lessee’s name, address, email address, and phone number are listed here. The suite number that the lessee is renting is also written here.
Discuss the premises
The lessee will have possession of the premises during the rental period. The terms under which the lessee can rent it from the lessor are discussed here. Record the street address of the property’s physical location first, followed by its size. Next, indicate the exact size of the massage therapist’s rental space and note how long and wide it is.
Rental agreement
The lessee must pay rent to the lessor to occupy the booth space in this rental agreement section. This should be decidedย by the time both parties have completed their negotiations. In some cases, the lessor mayย require a percentage of the business’s income to be submitted in addition to the rent. It should be indicated if the lessor and lessee have agreed that only the usual rent is necessary and that no additional percentage rent is required.
Also, the lessor will specify how they expect to be paid. Whether in cash or by check. The massage therapist understands that if they fail to fulfill their obligation under this rental agreement, they are liable for any outstanding balance of money, fees, rents, and other charges owed to the lessor. There are two types of agreements a lessor and lessee can use. One is a lease agreement for a specific duration, and the other is a rental agreement with an option to buy.
Rent amount and period
In this section, details on the rent amount and type of lease are discussed in detail. Rental amount refers to the weekly, monthly, or other recurring fees payable by the lessee for the booth rental agreement. The amount the lessee will pay the lessor depends on how they agree. There are three types of leases, namely,
- Fixed lease
- Week-to-week lease
- Month-to-month lease
For the fixed lease, the massage therapist rents the booth for a fixed period, during which they shall use this booth for the stated purpose only. This agreement is for a fixed term, with no renewal options. However, the lessor can terminate the agreement at any time if they feel the terms of the agreement have been violated. For the week-to-week lease, payment is made weekly on a particular date per the agreement.
Lastly, payment is made monthly on a particular day, as indicated in the agreement for the month-to-month lease. However, any default in payment or any other act or omission by the lessee will entitle the lessor to cancel the agreement and have all deposits returned in full without interest or deduction.
The massage therapist will rent a booth for a duration they prefer and has agreed with the lessor. However, note that the lessor can terminate the lease if they feel the lessee has violated the terms of the contract, such as delayed payments.
Disclosures regarding the lease agreement
In this part of the agreement, various aspects, such as the condition of the booth, how the booth will be used, taxes, etc., are highlighted.
Below are these various aspects explained briefly:
- Condition: Here, it is stated that the massage therapist will accept the booth as it is with its current conditions. Therefore, they cannot have any complaints about the condition of the booth after the agreement has been made.Use: According to the agreement, this section mandates that the massage therapist use the booth for therapy purposes. The booth may not be used to promote a business or product. The booth may only be used by the party that rented it or the contingent party, as agreed upon by both parties. The lessee and their clients will also adhere to the rules prescribed by the lessor.
- Lessee to maintain premises: In this agreement section, the lessee agrees to keep the booth clean every time. They also agree to ensure no damage to the booth or property. The lessee also agrees not to make any structural changes to the property without any written consent from the lessor. In case of any damage or changes made to the booth, the cost for any damage to the booth or other property will be catered for by the lessee. However, the usual wear and tear are acceptable.
- Janitorial services: After each event, the booth must be cleaned and returned to the condition in which it was rented. This includes cleaning the massage table, vacuuming, wiping all surfaces, and removing trash. Again, the lessor could provide cleaning services at their discretion.
- Taxes: State and rental space taxes will be collected on rental fees. Failure to pay these taxes on time will be grounds for the forfeiture of the booth. In addition, the massage therapist must pay a portion of the taxes associated with the premises. This is applicable only if the lessor owns the premises. Also, the lessor is responsible for all taxes concerning the premises.
Rights and Limitations of the Lessee
In this part of the agreement, the rights of the lessee/massage therapist are discussed. Those rights and limitations include assignment and subletting defaults by the lessee, severability, damages, and no waiver.
Below are these rights and limitations explained:
- Default by lessee: This section highlights the grounds under which the lessor could void the rental agreement. For example, if the lessee defaults on payments or they do not comply with the lessor’s rules, the lessor sends a written notice to the lessee. If the defaults continue after seven days of the notice, the lessor has grounds to terminate the rental agreement.
- Assignment and subletting: This part of the agreement states that the massage therapist cannot assign or sublet any part of the massage booth to other people without asking and receiving written consent from the lessor. Subletting without the lessor’s consent will lead to the termination of the lease.
- Damages or destruction of premises: According to the rental agreement, the lessee is responsible for any damage to the premises caused by the lessee, its agents, or invitees. If the massage booth is damaged by fire or other natural causes, the lessor will repair the premises as soon as possible. However, if the booth is destroyed and cannot be used by the massage therapist,ย the lessor terminates the rental agreement after sending a written termination notice.
- Severability: If any one section or part of this agreement is deemed unenforceable, this agreement will remain binding and enforceable. Any other provision of this agreement that may be found to be invalid will, nevertheless, remain in full force and effect.
- No waiver: No waiver by either party for any breach or default in the performance of this agreement will be considered a waiver of any previous or subsequent default or breach. However, the waiver can be valid if either party insists on defaults.
Additional Information
The massage therapist (booth) rental agreement also has additional information. The additional information includes the governing law, arbitration in cases of disputes, written notices, and assignment of rights to other parties.
Below are the various types of information explained briefly:
- Governing law: The governing law refers to the rules and regulations of the state where the rental agreement takes place. Identify the state that is in charge of enforcing this agreement. This is the state in which the rental agreement will take effect.
- Notices: This section states that any notice given to the massage therapist by the lessor should be in writing, and it shall be considered valid if it is sent via registered mail to the correct address as per the agreement.
- Attorney’s fees: In case of any dispute between the massage therapist and the lessor, attorneys can be hired by either party. However, the party that loses the case shall also pay the winning party and the attorney fees.
- Mandatory arbitration: Any disputes, actions, or controversies relating to the rental agreement, breach, termination, or validity shall be settled by arbitration. The arbitration panel will consist of [two] arbitrators. Each party to this agreement will select an arbitrator, and those two arbitrators shall select a third arbitrator who will act as the arbitration chairperson. Both parties agree that these provisions are enforceable under the applicable law.
- Assignment of rights: Neither party shall assign or delegate their duties under this agreement to a third party. Rights can only be assigned to third parties with consent from the other party involved. This is because a party’s rights under the rental agreement are specific to that party.
- Signature of both parties: The massage therapist rental agreement is notย binding until both parties date and sign it. ย Therefore, the lessor should sign and print theirย name and enter the exact date of theirย signature. The lessee should alsoย sign and print theirย name below their signature, followed by the calendar date on which theyย signed this document.
Massage Therapist (Booth) Rental Agreement Templates
Frequently Asked Question
Does a massage therapist need a license?
A valid license to give therapy services depends on where the massage therapist resides. Some states require a massage therapist’s license to be displayed before practicing the profession. For example, the therapist’s sole responsibility in California is to ensure they have a valid state massage therapy license. They will be responsible for the consequences if they do not comply with all laws regarding their ability to work.