Sunday, August 30, 2009

Credit Card Processors Are Nuts


My credit card processor for my massage practice wanted everything but my first born. So I went looking.

The well known processor I found presented me with a 46 page contract. Furthermore, the most important elements of the contract were disguised as a procedures manual.

The contract stated they could inspect my business looking at anything they want including my records at any time. I would be responsible for paying the air fare and hotel bill when they came from across the country.

I would have to agree they would be my only processor. The salesperson told me the contract did not mean that, but since the contract was also unamendable, I took it to mean exactly what it said.

They were totally unwilling to negotiate the terms. Even explanations offered by the salesperson were not binding on the company.

I was forbidden from talking about the contract if I signed it.

Beware of early termination fees and the length of the contract. This particular contract called for a three year commitment or an early termination fee of $500.00.

I think there are reasonably priced processors out there with decent contracts. Maybe I'll find one some day. Then I will post it here.

Queen of Massage CEs


Saturday, August 22, 2009

California massage therapists left dangling


Update on some of the cities and their moratoriums.

Some of the California cities with moratoriums are including new massage business licenses in their ban.

They think this will give them the time they need to consult their attorneys after they know what protections CAMTC is willing to enforce. This should not prevent a California certificated massage therapist from working at an existing licensed establish in the meanwhile according to an email from the Council. However, some cities are likely to dispute this interpretation.



Queen of Massage CEs

Saturday, August 15, 2009

California Massage Certification now taking applications


The California Massage Therapy Council or CAMTC for short, is now taking applications.

Currently their website says cities cannot require operators permits from solo or exclusively certified massage therapists establishments. The cities may have some problems with that as many of them would surely like to have that edge of control over the massage industry.

However, the state statute that put CAMTC in place does says that certified massage therapists "... shall not be required to obtain any other license, permit, or other authorization, except as provided in this section,.." (The law provides that therapists have to obtain a business license if it is required by the city or county, whichever applies.)

Some cities are putting in moratoriums on new massage business permits and massage therapist licenses. The city therapist licenses should not be required by state certified massage therapists in any case. However, the question remains can they open a new massage business. I suppose we will have to see as cases come up.

If anyone is looking for subdivision (h) of Section 4603 as described in the statute, it is not a Penal Code as suggested by the context. They are most likely referring to the Business and Professions Code section: "(h) Committing any act punishable as a sexually related crime."

There may be a problem with Nationally certified massage therapists calling themselves certified, if they are not certified by CAMTC. There is no exact prohibition against nationally certified therapists calling themselves nationally certified therapists. But there appears to be a problem using the word "certified." Hopefully this will be resolved.



The Queen of Massage CEs