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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10585
Experience:  30 years of corporate, litigation and international law
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I would like to start a online massage referral buisness in

Resolved Question:

I would like to start a online massage referral business in several states. Referrals would be given via phone to independent therapists,licensed and unlicensed. I would be paid a predetermined referral fee on completion of each appointment.Later graduating to a simpler format where I am paid a small monthly fee for each therapist who chooses to advertise. on my sites. Where do I start so that I keep myself out of possible trouble?My concern is the deposits made from several states and therapists who have there own adult agenda.

Many years ago I ran an incall location where I simply rented
rooms to massage therapists. Each therapist would sign a form
stating that they were independent contractors.

The service I will provide is simply advertising,answering the phones and turning over leads to therapists.
Submitted: 7 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 7 years ago.
How would you determine to which therapist to refer a client? What representations would be made to persons calling you for a therapist? Can an unlicensed person be considered a message therapist in any of the states in which you deal?
Customer: replied 7 years ago.
1. I will only be working with 1-2 therapists in each city.
2. Representations- the therapist will be responsible for
providing photos and credentials(if licensed)
I have been answering phones for many years and the top question is how long is the session.
3.In my state - no. However in some states you can be unlicensed, you just can't say you are.
I haven't started yet, but I have advertised on various sites, where I pay to be listed under massage in my state.

I hop this helps- I'll probably be visitng an attorney soon too.
Expert:  Richard - Bizlaw replied 7 years ago.
My only concern is that you not put your self in a position of promoting or referring people to a therapist who is unlicensed and under the law of the particular state is not permitted to provide the service without a license.

You should make sure of the licensing requirements for each state into which you send referrals to make sure that you can refer to the therapist on your referral list. I also suggest you incorporate as that provides insulation of your personal assets from your business assets.

You should also have an agreement with each therapist making clear that they are responsible for complying with all laws and holding you harmless arising from any claims that arise from their provision of services to customers you refer. An attorney can help you with this type of agreement.

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
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