Submit your massage therapy job application here! - Well Kneaded Massage, Inc.

Massage Therapist ADVERTISERS Application

To request an INTERIM massage therapist application and agreement,
please e-mail tr@wellkneadedmassage.com.

( * ) Indicates required fields.

*Full name:
*Full address including city, state & zip code:
Home phone:
*Cell phone:
Office phone:
*E-mail address:
Website address:
*Social security or EIN #:
Drivers license # & issuing state:
Massage Liability Insurance: Provide company name, ID# & expiration date:
List your valid massage license(s) with expiration date(s):
*Have you been convicted of a crime in the last 10 years?	Yes No
If you answered yes above, please explain.
*Please check the modalities you supply.	Swedish Massage Deep Tissue Massage Sports Massage Medical Massage Trigger Point Therapy Lypossage Cranio Sacral Acupressure Shiatsu Reflexology Pre-Natal Massage Post-Natal Massage Infant Massage Hot Stone Massage Aromatherapy Neuromuscular Therapy Reiki Rolfing Lymphatic Massage Integrative Massage Myofascial Massage Lomi Lomi Massage Esalen Massage Chair Massage
*Please list all cities you provide mobile services to. Be very specific.
*Do you have a massage facility?	Yes No
If yes, please provide the business name & address.
What type of facility is it?

          Clinic (medical environments, no shower amenities)
           Studio (private offices, may or may not have shower amenities)
           Spa (day spa services with shower amenities)

*Provide us with a few paragraphs about yourself to be listed on your profile:
If possible, attached a photo for your listing.
If possible, attach a copy of your photo ID.
If possible, attach a copy of your Social Security.
If possible, attach a copy of your massage therapist permit.
If possible, attach a copy of your liability insurance.

*Please tell us what program you wish to participate in.

        Advertisers Program - Coop Marketing Plan - 36-month term - $30/month (LIMITED TIME OFFER - EXPIRES 12/31/2009)
         Advertisers Program - General Listing - 12-month term - $25/month
         Advertisers Program - General Listing - 24-month term - $20/month
         Advertisers Program - General Listing - 36-month term - $15/month

Please check any additional services you wish to purchase:

          Profile Search Engine Optimization - $199 (one time fee)
          5 Page Website Design, 1 YR Hosting & 1 Domain - $500.00 (one time fee)
          5 Page Website Search Engine Optimization - $299.00 (one time fee)
                  (Includes 5 pages of meta-coding, site map creation & search engine submission)
           Website Hosting - $59.00 (annual fee)

*Credit card #:
*Credit card expiration date:
*Name as it appears on card & billing address:
*3 work history references:	Company / Position / Contact Name / Number: 1. 2. 3.
*3 client references:	Name / Number / Relationship: 1. 2. 3.
*3 personal references:	Name / Number / Relationship: 1. 2. 3.
Additional Comments/Questions:

Advertisers / Contractors Agreement

This Massage Therapist Independent Contract Agreement ("Agreement") is made and entered into the day of which Therpist has submitted the online application, by and between Well Kneaded Massage, Inc., hereinafter referred to as ("Company," or "WKMI") and the individual named with this submission, hereinafter referred to as ("Therapist.")  Company and Therapist will collectively be known as the ("Parties")

In consideration of mutual promises, conditions and covenants contained herein, the parties agree as follows:

A.	Duties of Company

Company agrees to provide a webpage for Therapist on Company website of www.wellkneadedmassage.com. This webpage is to include, therapist name, therapist services, areas of service, therapist office location, therapist contact information for clientele to contact therapists directly for home services & clinic services. Home & Facility clientele shall remain the property of therapist. Therapist is responsible to conduct all business transactions directly with their home & clinic clients.

Company agrees to contract therapist for corporate & hotel massage services, take custody of and account for all money collected from clients, with the exception of cash gratuity. Corporate clientele shall remain the property of WKMI.

Company agrees to provide all marketing, advertising and promotional materials such as business cards, brochures, and client waivers for corporate & hotel clients.

Company will issue payments to Therapist based on services rendered within fifteen (15) days from receipt of all required evidence of completion of work by Therapist, but in no event more than twice in any month.  Payments will only be issued to Therapists whose administrative files, including Application, Contract, W9, photo ID, proof of social security number, proof of licensure and proof of professional liability insurance are on file with the Company at the time of request for payment.

Company will to issue a form 1099 to Therapist for all monies paid under the Agreement.

Company will also provide a 15% commission to therapist for reselling WKMI gift certificates and scheduled referrals. Therapist must simply inquire with WKMI on how to open a reseller account.

B.	Duties of Therapist

Therapist agrees to complete & abide to the terms listed on the Massage Therapist Package Request Form (Exhibit A).

As a contractor for corporate services, therapist agrees to provide Company with a copy of his/her valid Area Massage Permit and all necessary renewals and other licenses as may be required by local, state, or Federal authorities, as may be required to lawfully provide massage therapy in Therapist geographic area of practice.

As a contractor for corporate services, therapist agrees that he or she will maintain appropriate, professional liability insurance coverage in an amount not less than $100,000.00.  Further, Therapist agrees to provide Company with evidence of such insurance and name Company as an additional insured.  Further, Therapist agrees to keep this insurance coverage current and update Company within fifteen (15) days of any change in insurance coverage by Therapist.

Therapist agrees not to collect any cash fees or payments of any kind from WKMI clients other than cash gratuities or credit card authorizations for gratuities.  Therapist further agrees to return credit card authorizations for gratuities directly to Company via mail or electronic transfer within not less than forty-eight (48) hours of receipt.  Any monies owed to Therapist by Company will not be paid until evidence of completion (including, but not limited to, an invoice) has been submitted and received from Therapist.  Therapist will collect cash gratuity, and be responsible for the tax ramifications and accounting of such funds as required by applicable law.

Therapist agrees that he/she will not be entitled to, or attempt to collect from client, any travel or other fees without at least seventy-two (72) hour pre-appointment notice to, and approval from, WKMI.  Company acknowledges that, compliance with this notice period will not be possible in all situations, and Therapists acknowledges that in situations in which compliance with this provision is not possible or if possible is not obtained, payment of travel or other fees will be at the sole discretion of WKMI. 

Therapist agrees to accept WKMI gift certificates as a valid payment method from massage clients who hire therapist for mobile or clinic services. Therapist is responsible to acquire authorization from WKMI to approve validity of gift certificates prior to providing services to client. Therapist understands that only named recipients may redeem WKMI gift certificates. Therapist agrees that gift certificate must be provided and signed by client upon redemption. Therapist agrees to submit all Gift Certificate payments collected from clients to Company via mail.  Monies owed to Therapist will not be paid until the gift certificate(s) payment has been received from Therapist.  To ensure proper payment, therapist agrees that he/she must write the following on the back of the Gift Certificate . . . Appointment Date, Client Name, Time & length of service rendered, Cost of service rendered, Therapist Full Name & State.  Therapist agrees that he/she will be reimbursed 65% of gift certificate value and 100% of gift certificated gratuity value. Remaining balance on gift certificates may not be used as gratuity. If a service balance remains, therapist is responsible to collect balance directly from client.

Therapist agrees to submit all hours during which he/she is available to provide corporate & hotel  services to clients of Company by using the Company's administrative website.  Therapist also agrees to call in at lease twelve (12) hours before any scheduled appointment(s) if he/she becomes unavailable to cover those scheduled appointment(s).

Therapist agrees to provide all material needed to conduct his/her work, including, but not limited to, massage table, sheets, towels, oils, and music or other supporting equipment.

Therapist agrees that as an independent contractor providing corporate & hotel massage services, he/she will only distribute WKMI business cards while completing work assigned by Company or for Company clients.  Therapist will not suggest that clients see him/her through other establishments or through other entities.  Therapist further agrees not to provide personal/business contact numbers or any other form of contact information to Company clients, as set forth in the non-solicitation section below.

Therapist agrees that he/she may not refer specific providers of services of any type to Company clients, including, but not limited to, chiropractors, physical trainers, and nutritionists.  Company acknowledges Therapist may refer or suggest additional/different types of therapy or treatment modalities to clients in accordance with the best practices of their profession, including the types of practitioners of the various healing arts mentioned above.

Therapist shall take all reasonable safety precautions with respect to his/her work, shall comply with all safety measures initiated by the Company and with all applicable laws, ordinances, rules, regulations and orders of any public authority for the safety of persons and/or property.  This specifically includes the rules and regulations governing massage therapists/technicians & massage businesses issued by any governing agency whether local, state, Federal or other.

Therapist may not at any time offer or perform any unlawful act with reference to performance of any jobs referred to Therapist.  Therapist acknowledges full responsibility to be familiar with all rules, regulations or ordinance governing the massage therapy business, whether local, state or Federal.

Therapist agrees to display WKMI advertiser logo on therapist personal/business web site. 

i) 	Trade Secrets

Therapist agrees during the performance of his or her independent contractor services under this agreement, Therapist shall have access to and become acquainted with financial, personnel, pricing, sales, sales leads, customer lists, customer preferences and other information regarding Company's programs, methods, techniques, operations, plans and processes that are owned by Company and actually or potentially used in the operation of Company's business or obtained from third parties under an agreement of confidentiality, and that such information constitutes Company's "trade secrets."

Therapist specifically agrees that he or she shall not misuse, misappropriate, or disclose in writing, orally or by electronic means, any trade secrets directly or indirectly, to any other person or use them in any way, either during the term of the independent contractor agreement or at any other time thereafter, except as is required in the course of performing the terms of this independent contractor agreement.

Therapist acknowledges and agrees that the sale or unauthorized use or disclosure in any medium of any of Company's trade secrets obtained by Therapist during the course of his or her work under this agreement, including information concerning actual or potential work, services or products, as well as any descriptions thereof, constitute unfair competition.  Therapist promises and agrees not to engage in any unfair competition with Company either during the term of this agreement or at any time thereafter.

Therapist further agrees that all files, records, documents, software, client lists, customer lists, price lists, and similar items, whether maintained in hard copy or online relating to Company's business, whether prepared by Therapist or others, are and shall remain exclusively the property of Company and that they shall not be removed from Company's premises, or if kept online, from the computer system of Company, including, but not limited to, its web-based interface to be used by Therapist, without the express prior written consent of Company's President.

ii)	Non-Solicitation

At all times during your term as an independent contractor for the Company and for a period of twelve (12) months after the end of your association with the Company you shall promptly advise Company of any knowledge that you have of any unauthorized release or use of Company's proprietary information, and shall take reasonable measures to prevent theft.  Therapist shall not during the term of his or her association with the Company and for a period of two (2) years immediately after the cessation of his or her association with the Company or the termination of his or her independent contractor agreement, shall not directly or indirectly, call on, solicit, employ, contract with or take away, or attempt to call on, solicit, employ, contract with or take away any client, employee or independent contractor of the Company. 

For purposes of the preceding paragraph, client of the Company includes a person who was, at the time of the termination of the independent contractor agreement, or during the six (6) months immediately prior to the termination of the independent contractor agreement, a client of the Company, and an employee of the Company includes a person who was at the time of termination of this agreement, or during the six (6) months immediately prior to the termination of this agreement, an employee of or under contract with the Company.  An independent contractor of the Company is any person who was at the time of the termination of the independent contractor agreement, or during the six (6) months immediately prior to the termination of this independent contractor agreement, an independent contractor of the Company.  

It is hereby agreed that in the event Therapist employs, services or retains any such person, Therapist shall pay to the Company as liquidated damages and not as a penalty, a sum equal to one (1) year's salary, as such person still employed or retained by the Company would earn or generate as an independent contractor.  This sum represents the reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable and unforeseeable loss that might result from any such violation of this provision by Therapist.  In the case of the solicitation of a client, Therapist agrees to pay three (3) times the amount of money client paid to Company as fees for services in the twelve (12) months immediately proceeding Therapist's solicitation of client.

iii)	Indemnity

Therapist hereby agrees to indemnify and hold harmless Company and all of its agents from any and all claims, damages, (including, but not limited to attorney's fees and costs) arising from any third party claims relating to Therapist performance or failure to perform his/her duties, including but not limited to injuries suffered from the Therapist's performance of duties and/or any third party claims for harassment, inappropriate behavior or any other claim of malpractice.  This specifically includes any claims Therapist may have against client of Company for any damage, loss or expense attributed to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting there from, even if caused in whole or part directly or indirectly by client, regardless of whether it is caused in part by Company as indemnified hereunder.

iv)	THERAPIST UNDERSTANDS WELL KNEADED MASSAGE, INC. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THIRD PARTY SERVICES OR PRODUCTS OR ANY CONTENT. WELL KNEADED MASSAGE, INC. DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIRD PARTY SERVICES OR PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THIRD PARTY SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY THIRD PARTY SERVICES OR PRODUCTS STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY THIRD PARTY SERVICES ,PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH WELL KNEADED MASSAGE, INC. WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) THIRD PARTY SERVICES OR PRODUCT ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THIRD PARTY SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIRD PARTY SERVICES OR PRODUCTS AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY WELL KNEADED MASSAGE, INC. 
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIRD PARTY SERVICES OR PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO THIRD PARTY SERVICE OR PRODUCT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WELL KNEADED MASSAGE SHALL CREATE ANY WARRANTY OR GUARANTEE. 
The term ("Initial Service Term") shall be the period of time listed on the "Massage Therapist Package Request Form". Upon expiration of the Initial Service Term, the term shall continue on a month-to-month basis until 30 day notice of termination is sent by one party to the other party in writing.

Therapist agrees the package start up fee will be charged to the credit card provided on page 2 upon submittal to our office. Therapist agrees monthly fees will be charged to credit card provided on a monthly basis. Therapist also agrees that at anytime if monthly fees fall 90 days past due, therapist will be responsible to pay the balance of the "Initial Service Term" in full. 

C.	Compensation to Therapist

As and for compensation to Therapist, Company & Therapist agree that therapist will be reimbursed 65% of gift certificate value and 100% of gift certificate gratuity value.  

As and for compensation to Therapist, Company & Therapist agrees that therapist will earn a fixed rate for corporate & hotel services. These rates will scale according to number of hours therapist provides corporate & hotel services.  These scales do vary according to region and therapist must inquire at the time he/she accepts the job offer. Scales will be determined at sole discretion of WKMI.

Payments will be issued to Therapist in accordance with Sections A and B, above.

D.	Relationship between the parties

Nothing contained herein shall be construed to create an employer/employee relationship between the Company and Therapist.  Therapist at all times shall be considered an Independent Contractor.  Company is merely making referrals of jobs to the Therapist and the Company is not responsible for providing any benefits to the Therapist including but not limited to worker's compensation, disability, health or unemployment insurance.  Furthermore, nothing contained herein shall constitute a partnership or joint venture between Company and Therapist.

E.	Arbitration

Any controversy or claim arising out of or relating to this agreement, or the breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration 

Association, and judgment on the award rendered may be entered in any court having jurisdiction.   The Parties specifically agree jurisdiction will lie with any commercially accepted arbitration/mediation service in Los Angeles County California including but not limited to AAA, ADR Service or JAMS Endispute, and that venue for such hearing will be in Los Angeles County California.

You do not have to agree to arbitration of claims.  Please be aware that by agreeing to arbitration you are giving up your right to a jury trial.  If you agree to accept arbitration, as set forth above, please initial below.

F.	Choice of Law

This agreement shall be governed and construed in accordance with the laws of the State of California.  The parties hereto consent and submit to the jurisdiction of the courts of the State of California in Los Angeles County in any action brought relating to this agreement.  Company and Therapist both agree that such court or arbitrators located in Los Angeles County, California shall be the exclusive venue with respect to any such action.

G.	Attorneys' Fees

Any action that is necessary to enforce or interpret the terms of this agreement, the prevailing party as determined by a court or arbitrator of competent jurisdiction shall be entitled to actual attorneys' fees, costs, and necessary disbursements in addition to any other relief which that party may be entitled.  This provision shall be construed as applicable to the entire contract.

H.	Counterparts	

The parties agree that this Agreement may be executed in one or more counter parts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.  Further the parties agree that a facsimile copy of a parties signature shall be deemed valid and have the full force and effect of an original.

I.	Partial Invalidity
In the event that any provision of this Agreement is determined to be illegal or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force and effect.

	J.	Modifications

Any modification of this agreement will be effective only if it is writing and signed by the party to be charged.


K.	Termination

The term of this contract & services within is determined by the choice indicated by Therapist with this electronic application & may be terminated on thirty (30) days written notice thereafter.  Notice is deemed effective when sent by U.S. Mail, postage pre-paid.  Notices to Company should be sent to: Well Kneaded Massage, Inc., Attention Selina Garrison, 11024 Balboa Boulevard, Suite 217, Granada Hills, California 91344, with a fax courtesy copy to (818) 230-5175.  Notice sent to Therapist will be sent by mail to the home address of which is provided by therapist with this application & contract.
	
L.	Entire Agreement

The parties have carefully read and reviewed this contract and each term and provision contained herein and by execution of this contract, evinces their informed and voluntary consent.  The parties hereby agree that at the time this contract is executed the terms of this contract are commercially reasonable and effectuate the intent and purpose of the parties hereto with respect to the Therapist.

This agreement represents the entire agreement of the parties and supersedes all prior understandings either oral or in writing between the parties. Each party to this agreement acknowledges that no representation, inducements, promises, or agreements, orally or otherwise, which have been made by any party, or anyone acting on behalf of any party, which are not embodied herein and that no other agreement, statement, or promise not contained in this agreement shall be valid or binding on either party.

Therapist & Company understand signature to this agreement is not required to enforce this agreement. Therapist agrees that submission of this application & agreement represents their acknowlegment and agreement to all terms within. Furthermore, Therapist understand this agreement is effective immediately upon their submittal.


Therapist Signature & Date:


_________________________________________________________  


Company Signature & Date:


_________________________________________________________

*By checking the "I Agree" button below & submitting your application, you acknowledge you have read the legal terms listed above in the "Advertisers / Contractors Agreement", you agree to the legal terms and authorize payment to be deducted from the credit card you've provided within.

I Agree

Thank you for submitting your application to Well Kneaded Massage. We look forward to speaking with you soon. If you have not heard back from us within 3 business days, please call our Therapist Relations Department at 1-818-230-5175, option 2 to check the status of your application.

If you were unable to attach the following requested documents, please be sure to fax them to 1-818-230-5175 ASAP to complete your application.

Copy of Drivers License or Photo ID
Copy of Social Security
Copy of your massage therapist area permits
Copy of your liability insurance certificate

Upon submitting your application, you will be taken back to our therapists opportunities main page.

Thanks Again!

~ Staff @ Well Kneaded Massage, Inc.

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Massage Therapist ADVERTISERS Application

Massage Therapists Opportunities