A Massage Therapist Booth Rental Agreement is a legal agreement between the owner of a massage parlor referred to as the “Lessor” and a massage therapist referred to as the “Lessee” to lease a massage booth.
The agreement simply outlines the terms of the agreement and stipulates that the Lessee takes up occupancy of the massage booth in exchange for rental income.It also sets clear terms and conditions for the renting of the massage booth including; the rent amount to be paid by the Lessee; the frequency of such payments, the hours of operation, how the premises can be used, and any other key items necessary for the agreement.
Need of License for a Massage Therapist
Different states have different views on whether a massage therapist should have a license to rent property and operate their business on it. To determine the different laws governing the massage therapist’s license to practice and check whether or not he or she is permitted to practice therapy in the region of the property, visit “Massage Therapy License” and scroll down to see the different state laws.
Verify the Massage Therapist’s License – By State
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Download Free Template
Here are the free template that can be customized as per needs:
Writing a Massage Therapist Rental Agreement
It is important for the owner of a massage parlor to know how to properly craft this agreement as such an agreement will help define the nature of their relationship with the massage therapist.
Below are steps on how to properly craft the massage therapist rental agreement:
Parties involved
Other than the Title of the Agreement, the first thing to include when crafting the agreement is to include the date of the agreement and define the parties involved, i.e., their name and address.
sample
MASSAGE THERAPIST RENTAL LEASE AGREEMENT
This rental lease agreement herein referred to as “The Agreement or Agreement” is made on _________ [date] and is between:
Lessor: ________ [name of the lessor] with a mailing address of ______________ [address]
AND
Lessee: _______ [name of the lessee] with a mailing address of ________________ [address]
Terms of agreement
The terms of the agreement are the manner in which the property is to be leased out. Generally, there are three main terms that may govern such an agreement. These are:
- Fixed Lease – Runs from one start date to another. It is generally non-renewable and often goes beyond one month. It is good for a person who intends to make use of the premise for too long a duration of time.
- Month-to-month Lease – This one runs within a month (30 days.) It is for a large part renewable at the expiration of the 30-day window. The agreement is also flexible in the sense that it gives either party the leeway to opt out prematurely.
- Week-to-lease Lease – As its name suggests, this one runs within 7 days. Like the month-to-month lease, it is also renewable and may hence run longer than the 7 days. Yet again, this one may also give a party the leeway to opt out prematurely.
Usage of the premises
The next step when crafting this template is to define the booth (i.e., its dimensions and where it is located) and how it will be used.
sample
Leased Premises. The massage booth being leased is located at _ [street address] and its dimensions are by. The size is sufficient to operate the operations of the massage therapist. The Lessee mentioned herein shall be accorded the rights to occupy the premises and to operate it as a business open to the general public.
The rental terms
Generally, there are three ways in which one can choose to pay their rent, i.e., Fixed, Month-to-month, Week-to-week. The massage therapist rental agreement template should be tailored depending on the type of Lease agreed on. However, still, one may choose to include all three options and have the Lessee choose one that they are most comfortable with.
sample
Fixed Lease. This lease agreement is set to commence on _ [date] and shall continue until ____ [date]
Month-to-month Lease. This massage therapist rental lease agreement shall begin on the [date] and shall continue on a month-to-month basis until terminated by either party by issuing a written notice with a notice period of days.
Week-to-week Lease. This lease agreement shall commence on [date] and shall continue on a week-to-week basis until terminated by either party through a written notice with a notice period of _ days.
Additionally, if the Lessee shall be required to pay the Lessor a fixed percentage of the total income amount, such information should be included in the lease agreement together with the mode of payment.
- Fixed – A fixed sum of money is paid to the landlord periodically. The amount of rent is mainly determined by the size of the premise rather than the profitability of the firm.
- Percentage Rent – Under this arrangement, the tenant surrenders a portion of the profits he makes periodically. This one largely relies on the profitability of the enterprise rather than the size of the room.
Also for payment, four main options exist. These are:
- Check – The tenant writes a check and forwards it to you. You then take it to the bank and have it cleared, after which the funds are remitted to your account.
- Cash – Would you rather that the payments be made in cash? If you want so, then check the box against this option. You will have to meet the tenant periodically and have him give you the cash.
- Cards – If you so wish, you should also make provisions for the use of cards. To make use of the card, you may swipe them or extract the information via online means.
- Online – Some online payment options do exist. Chief of these is the PayPal, Payoneer, Moneybookers, and Alipay. Check against the box if you want to use them.
sample
The Lessee mentioned herein shall be required to pay- in addition to the aforementioned fixed rent amount- __ percent of all income, fewer tips generated from the business.
All payments shall be made by:
–Cheque
–Cash
–Wire Transfer
–Online payments
Disclosures
Disclosures such as the condition of the premises, how the premises will be used, equipment provided to the Lessee, who will be responsible for maintaining the premises, utilities available to the Lessee, and who will be responsible for the taxes should be mentioned in the lease agreement. Such information is crucial and must be written with much care to help establish the duties and responsibilities of both parties to the premises.
sample
Condition of the Premises. The Lessee mentioned herein agrees to accept to lease the premises in their present condition
Use of the Premises. The Lessee is- upon signing this agreement- allowed to use the premises solely to provide services that are related to massage therapy or other related services offered in the premises. The Lessee shall not use the premises, sublease, or permit any other party to use the premises in any manner that violates any statutory law, ordinance, or regulations now or hereafter in force and applicable to the premises: The Lessee, their guests, customers, agents. Invitees and any other party working for the Lessee shall at all times abide by the rules and regulations of the Lessor in existence.
Equipment and Personal Property. The Lessor agrees to furnish the lessee with: ___________________
_____________________,
_____________________,
The Lessee may equip the massage booth with their equipment only with the Lessor’s consent, and such equipment should not be unreasonably withheld unless such equipment disrupts the business’s day-to-day activities.
Lessee to maintain Premises. The Lessee agrees that they shall be required to always keep and maintain the premises in a clean and neat condition and a good state of repair. The Lessee will cater for all the repairs and damages to the premises caused by any action or omission of the Lessee, their agents, employee, customers, guests, or invitees. The Lessee shall not damage or deface the premises or any part thereof. The Lessee shall not make any structural changes or alterations to the premises without the Lessor’s approval. The Lessee will return the rental premises to the Lessor as was at the end of the term of the agreement or any earlier termination thereof.
Janitorial Services. The Lessee shall be required to provide all the Janitorial services during the term of their Lease.
Utilities. The Lessor agrees to cater for the following utilities:
Water
Telephone
Heat
Electricity
Other
Taxes. The Lessee shall cater for their portion of the real estate taxes associated with the premises. This responsibility shall only be considered valid if the Lessor owns the premises or is in charge of the real estate taxes in their initial rental lease agreement with the owner of the premises.
The rights and limitations
The rights of both parties involved in the massage therapist rental lease agreement should be well defined. Clauses to include when describing the rights and limitations of either party include; indemnity by the Lessee; default by the Lessee; assigning and subletting the premises; damages to or destruction of the premises; severability and no waiver.
sample
Indemnity by the Lessee. The Lessee hereby agrees to indemnify the Lessor from all losses, claims, damages, and liability to any person and property occurring upon or about the premises from any cause whatsoever.
Default by Lessee. If the lessee defaults on any clause and has been issued by a notice as they fail to remedy such defaults for a period of __ days, or if the leasehold interest of the Lessee shall be taken on execution or other process of the law or if the Lessee shall petition to be declared bankrupt or is insolvent according to the law or make any general assignments or conveyance for the benefit of creditors or if a receiver shall be appointed for the Lesse’s property and such an appointment is not vacated or set aside within _______ days from the date of such appointments or proceeding for arrangement, reorganization, composition and/or any other proceeding with creditors be established by or against the Lessee, then, and in any of such events, the Lessor may instantly or at their own volition thereafter, and without any further notice or demand, entered into and upon the leased premises and take possession of the premises, without which such reentry working a forfeiture of the rents shall be paid and the covenants to be performed by the Lessee for the entire term of the Lease as initially agreed upon in the lease agreement.
Assignments and Subleasing. The Lessee shall under no circumstance assign this Lease or sublease all or part of the premises without the consent of the Lessor, which shall not be unreasonably withheld.
Damages to or Destruction of Premises. If the Lessee or any person acting on their behalf damages the premises either partially or totally by fire hazards, the Lessor shall promptly restore the premise as reasonably practical to the condition the premises were in before such damages. Consequently, if the premises are completely destroyed by the fire and cannot be restored, then the Lease may be terminated by the Lessor by serving a written notice of such termination to the Lessee.
Severability. If any clause/provision of this lease agreement is deemed invalid or impractical, it shall not affect the validity of other clauses.
No Waiver. The failure of either party in this lease agreement to insist upon the performance of the other on any of the terms and conditions set forth in this agreement or the waiver of any breach of the terms and conditions thereof shall not be construed as subsequently waiving any such terms and conditions, but the same shall remain in effect as if no such moderation or waiver had occurred.
Additional information (if any)
Other additional information, such as the governing laws, notices, attorney fees, if any, mandatory arbitration, and assignment rights, should be clearly stipulated in the massage therapist rental lease agreement template. Also, any additional paperwork or citations required by the local government for such agreements should be included.
EXAMPLE
If the Lessor is required by their state or local law to include the health codes that apply to massage therapy, they should refer to it by title and attach the necessary documentation.
sample
Governing Laws. This massage therapist rental lease agreement shall be governed by, construed, and enforces in accordance with the laws of the State of ___________ [State]
Notices. Any notices provided for or regarding this lease agreement shall be made in writing and be sent via registered mail to either party as enshrined in this agreement.
Attorney’s Fees. In the event of any litigation made in reference to this agreement, the unsuccessful party in the action shall pay to the unsuccessful party, in addition to all the sum that accrued.
Mandatory Arbitration. Any dispute under this lease agreement shall be required to be resolved through arbitration. If the parties herein fail to agree on an arbitrator, either party will be required to select one arbitrator, and both arbitrators shall decide on a third arbitrator. The third arbitrator shall help to arbitrate the dispute at hand amicably. The arbitration process shall be governed by _______ [governing state laws]
Assignment of Rights. The rights of either party in this agreement are personal to that party and shall not under any circumstance be assigned or transferred to another party without the prior, express, and/or written consent of the other party.
Modification of the Agreement. The modification of this agreement or any other additional obligation by either party with regards to this agreement shall be binding only if presented in writing and signed by each party or an authorized representative of either party.
Entire agreement. This lease agreement shall constitute the entire agreement between the parties mentioned herein, and any previous understanding or representation of any kind preceding the date of this lease agreement shall not be considered binding by either party except if incorporated in this lease agreement.
Date signature of both parties
For the massage therapist rental lease agreement to take effect, it must be signed and dated by the parties involved. The agreement should be signed in the presence of a witness of a notary public.
sample
Witness: _____________ [name] Date: _____________Signature: ______________Lessor: _______________ [name] Date: _____________Signature: ______________Lessee: ________________ [Name] Date: ____________Signature: ______________
Conclusion
Having a massage therapist rental lease agreement in place is essential when looking to lease out a massage booth. The agreement should contain all important clauses to shield both parties from any form of litigation that may arise in relation to the lease agreement. The agreement should also set clear the terms of use of the premise and definitively define the relationship between the Lessor and the Lessee in relation to the premises being leased. In following this guide, we believe that one will be able to come up with a standard lease agreement for use when leasing out a massage booth.
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