People may turn to massage therapy as a type of treatment for different medical conditions or just for a moment of zen and relaxation. However, despite the numerous benefits of this industry, many spas and massage parlors still rely on paper forms and the manual signing process to welcome their clients. While this is important for getting personal information, especially about treatment details for a massage therapist to reference, the truth is that the manual signing process actually leads to some inconveniences for your company and your customers.TRY IT FREE ›
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A massage intake form can be very effective in avoiding litigation from new patients or even longtime customers. If an injured person files a lawsuit against your business or your massage therapist, a proper consent form can get the case tossed quickly. Liability waivers are designed to afford businesses and your employees' protection in the event of litigation, particularly lawsuits related to negligence. Negligent hiring and negligent care are common suits. However, a properly worded intake form will, in most cases, protect your massage clinic against those claims. Waivers are usually key to a judge taking one look at a case and deciding there's no path forward toward a trial. That's why it's recommended that massage parlors, whether chain spas or local shops, have well-crafted consent forms to go with appropriate liability insurance and properly trained staff.
Be sure to work with a licensed attorney with experience in drafting client intake forms. Your attorney will evaluate how the injured customer claims they were injured. A customer could claim that their medical conditions were aggravated by massage treatment, suing a member of your staff and your business for damages. However, your attorney will look at the customer's massage therapy consent form to see if it covers that alleged negligent treatment, as well as checking that the customer's signature is on the dotted line with the understanding of certain risks. If the waiver contains that language, the attorney will file a quick motion with the court attaching that consent form and ask the judge to dismiss the case, saving tons on expensive litigation.
No spa, parlor, or licensed massage facility should operate without a massage intake form. If you don't have an intake form, you should seek the services of an attorney with a background in creating these waivers for the best documentation for your business. If you're using a massage therapy consent form that wasn't prepared by your attorney, have an experienced attorney review it to make sure it's covering your massage therapy practice in the event of any potential customer claims. A proper massage consent form should be tailored to your business, making sure that it tackles any health conditions among your clientele and any potential risks commonly associated with massage therapy.
It's not in your best interest. Think about it: You don't want to be using a form that protects someone else's business to cover yours. A massage consent form only works if it expressly warns of the risks associated with your massage clinic. Your waiver should be tailored to what your business offers, not your competition. Does your spa specialize in massages as a medical treatment, or do you use a specific type of oil or liniment that could trigger an allergic reaction? These specifics in a client intake form can spare your business from running into major hurdles in the event of legal action. General waivers for "any and all" injuries that occur in your space are just too vague and leave an opening for your business to pay damages to a customer claiming negligence. It's crucial that these waiver forms are articulated well, and a signature should always be acquired from a customer before any massage techniques are performed.
Your massage intake form should be drafted to accommodate your business whether you have one location or multiple locations. However, it's important to work with an attorney regarding the jurisdiction of those locations. Regulations for massage clinics, spas, and other massage therapy services may differ based on state, county, and even local ordinances. Most states will honor a massage consent waiver if it's properly worded, signed by a customer, and applicable to a legal claim filed. However, you may need to make some adaptations to avoid hurdles in a particular area. You also need to be aware of states that don't allow intake forms, meaning you'll have to work with an attorney to assess other options to work alongside your massage liability insurance.
Your massage intake form template should be for your business and only your business. Be as specific as you can when it comes to your massage services and other offerings to your clients. A properly informed consent form can make a tremendous difference in the long run..
A massage therapy consent form and any other forms that your business requires a customer to sign should be kept separate. While it may seem convenient for the sake of collection, it actually can work against you in a negligence lawsuit. Courts need to see that each document was reviewed separately by a customer or patient, and each should be clearly labeled. This will show that a customer took the time to offer their email address for alerts on discounts for massage therapy services while separately recognizing the massage intake waiver associated with the risk of massage treatment.
WaiverSign Note: With WaiverSign, you can create and manage multiple agreements with a single signing link. This means that you can build out separate documents for your massage consent form, your membership sign-up sheet, and any other agreements that need to be signed. Each agreement is set up for individual presentation and signing, and individual copies are sent to the customer, allowing for a clear understanding of the agreement by all parties and easy access to the document if questions or disputes should arise.
An attorney should not charge you for a consultation. This is their opportunity to get to know you and your massage clinic. Be sure to ask for referrals in your area to point you to lawyers who are experienced with drafting and understanding consent forms and waivers. If you choose to hire an attorney, be sure to ask them about their rates. Most attorneys charge by the hour, so it's important to reach an understanding with your attorney concerning confidentiality and budget. The last thing any business operator wants is to spend more on a given product or service than they intended to.
Again, this varies by how much an attorney charges hourly for their services. The hourly rate is usually in the hundreds of dollars, and most experienced lawyers are able to deliver a proper massage intake form within one to two hours. Make sure to get that estimate for the sake of your budget. Further, you will want to clearly lay out the products and services of your massage clinic, making sure that the risks are properly stated and that your massage therapists are protected in the event of possible litigation.
Let's face it: Sitting there and signing papers is annoying and also a hassle for you as a massage clinic. Going digital avoids problems like illegible contact information or lost paperwork. Online consent forms and other documents are becoming commonplace ahead of appointments or other tasks, and presenting your massage therapy consent forms electronically will dramatically improve your business processes, affording benefits like:
The check-in process can take some time, and most people who are looking for a massage just want to get on the table and receive treatment. That's why it's beneficial for your business and customers to send them your massage consent forms to sign in advance. With a simple link, your customers will be able to sign your spa waiver and provide all required information upfront. If you want to have a particular type of consent filled out on the premises, customers can also sign the consent forms upon arrival by scanning a QR code on their mobile devices.Try It Free
It's important to accommodate customers for whatever kind of massage they may need. All services are different, so you want to be certain your release of liability is getting all of the information needed to safely proceed with a customer or patient. With WaiverSign’s standard and custom fields, you can set up your massage consent form template to collect any information you need, update it whenever necessary, and ensure readability every time.Try It Free
A massage intake form is one of the first impressions that people have of your business, so make sure it stands out from start to finish. Customize the branding, like logos and background colors, to match your business. This will help create a cohesive look and feel across all of your marketing materials.Try It Free
A quick and easy online intake form avoids a ton of paperwork that can just be an absolute nightmare. With clear communication, a customer or patient can feel comfortable knowing that there is responsibility being taken in their massage therapy session, as it alleviates any anxiety that comes with getting massage treatment. You’ll make the registration process faster by reducing the paperwork required in person, making it easier to account for all the signed consent forms you need to collect.Try It Free
Cory Sterling, the founder of Conscious Counsel, has supported over 800 wellness professionals worldwide with legal agreements. In this video, he explains the risk of copying and pasting a massage waiver template or similar agreement you find online. His newest service, Law is Fun, allows you to quickly and easily create a custom service agreement, intake form, and liability waiver for massage, yoga, fitness, pilates, dance, or health coaching. Plus as a WaiverSign user, you'll get an automatic 10% off your waiver.
You can customize the sections and language of your massage consent form to include appropriate inherent risks and other essential information critical to your business.
WaiverSign is the perfect way to gather digital signatures on any type of waiver or release form. Your clients will love how easy it is to use, and you'll love the organization and time-saving benefits.
Whether you provide an experience, manage events, promote healthy lifestyles, or help with personal care, you’ll find WaiverSign’s online waivers and digital release forms will save you time and money. WaiverSign’s online waiver software makes managing waivers simple.
Contractor Liability Waiver
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