A little words from the wise, please? ? about being IC

[sant kabir]

Hello everyone! Glad to be back around this neck of the woods, nice board changes!

I recently was blessed with the possibility of a new opportunity, a local resort/conference center (newly opened) would like me to have a presence there. At this point (just after the initial meeting) they are *thinking* of A. having me rent a space 1 or so days a week. or B. after about 10 minutes of visiting with the owners wife she mentioned she would like to convert one of their three bridal/jucuzzi suites into a massage/spa-like area. Area locals in the resort town would be booked, not just hotel guests.

The owners wife let me know she is an avid spa goer, and would very much like the room to be along the spa lines, we mentioned me leasing the room with a yearly contract, she mentioned bringing in a new therapist if it was a success, we tossed around a few cenerios I guess. I am pretty sure hers and my ideas for the place are quite similar. Its a large room, with a small semi-room for massage, jacuzzi in the corner, room for several seating areas and possibility of a 'private' patio that opens to the lake. I have absolutely NO budget at this point, for anything that either of us are thinking about. I am a bit confused. I have been on my own for years, I 'thought' I was an independant contracter at the beginging of my career but not so - and I ended up burned a little tiny bit. Since then I have been 100% on my own, I decorate the room, I handle my supplies and advertising. But I am still left wondering what the def. of IC is. I have been reading quite a few back posts...but I am not really finding definates. Just referances to IC work. I looked at the IRS site...but I get so lost in legal jargan, I just glaze over. :undecided:

I am meeting with them next week to go over business agreements and talk about how to best use the space/any space. I would like to present a few options to them, and I want these presentations to be appealing both to myself and my financial interests, as well as to them and theirs. Keeping in mind that I don't think I will be able to afford what that room is really worth, at this point in time.

Also at this point, I can not decorate/furnish the room (its empty) in a manner that fits the purpose. I have furniture from past office's, but they were small offices that were on their own - I have nothing grand, or even particularly nice or new. If I absolytely HAD to I COULD take a small amount of new money that my grandma offered, and I am good about making a decorating dollar stretch. But this place is NICE, and I don't really see dollar stretching working into their decor scheme. But I suppose whats mine is mine.


Now, I am a little confused. Do I have this right? As an Independant contractor:

They may or may not choose to decorate the room to their tastes, also outfitting it with some or all new equipment needed.

I may or may not pay a flat rate rent.

I may or may not pay them a perceneforum.xxxe of the massages I preform. 50/50 or 60 (for me)/40 is usuall? or 40/60?

Clients pay me, not the hotel. ALthough being able to pay via Credit Card is a nice option, they *could* pay with CC at the hotel desk. I am reimbursed, minus any fees.

They may bring in another therapist to use the space, if they like.

I pay all, or part of, the advertising costs.

I may or may not provide my own table/linens/oil and creams/additional service tools

I schedule myself, or they schedule their guests within an available schedule I give them.




I am just plain independant:

I pay a flat rent.

I take care of everything.

I schedule everything, they just see me coming and going.


Or:
Does just renting a room in their establishment make me an IC, no matter what other stipulations?

I guess I would love something between an employee and independant, I'm willing to give up some freedoms to work in a beautiful place that I didn't have to decorate and outfit. I always understood this to be an IC - but after reading some posts feel I may have had a wrong impression.


A few words fromthe wise please? Thanks!

 

[Pompal 09.]

A little words from the wise, please? ? about being IC

Not that I consider myself particularly "wise" , or even all that "experienced" with this stuff, but I can toss in a couple of thoughts.

If you are renting a room from them, that is exactly it. You rent the room. You decorate, you furnish, you book, you get paid. You pay them their rent, they "leave the lights on for ya". Anything more is by separate arrangement, and possibly makes you "not a tenant", but a contractor.

If you become an independent contractor, YOU set your hours, THEY set pretty much everything else. And in this situation, they will likely be the ones furnishing and decorating the room. THEIR job is to get YOU the work. This is also the more likely situation in which they'd possibly bring in another therapist, if it works out nicely for them. I can't see someone renting out the SAME room to two different therapists, unless the spa/resort actually also "rented" to y'all a furnished, decorated room, or set up a second massage room. I don't, personally, think I'd like that much. There is NO WAY I'd go and try to have another therapist come in and work out of the same room we're renting to our tenant. That's just not kool.

Sorry I'm not more help. Sounds like a neat possibility! Please let us know what happens!

 

[pinar]

A little words from the wise, please? ? about being IC

Pete, you have a point there. This is something we haven't gotten into- our tenant just rents for a flat monthly rate.

 

[echinopsis .]

A little words from the wise, please? ? about being IC

Now, I am a little confused. Do I have this right? As an Independant contractor:

They may or may not choose to decorate the room to their tastes, also outfitting it with some or all new equipment needed.

Decor is up to them. Equipment - in the strictest sense of the rules - is 100% up to you. If they provide it, they can charge you an equipment usage/rental fee and still keep you as an IC, but you have the option of bringing your own table every time.

I may or may not pay a flat rate rent.

It's not rent if you are an IC. Lessees rent, ICs work for a fee or commission. Don't confuse the two.

I may or may not pay them a perceneforum.xxxe of the massages I preform. 50/50 or 60 (for me)/40 is usuall? or 40/60?

You can pay % or Fee per service and be an IC. There is no usual. There is no "fair". We prefer fee per service. Figure out what your time is worth and ask for that, regardless of what they charge, earn or what ever.

Clients pay me, not the hotel. ALthough being able to pay via Credit Card is a nice option, they *could* pay with CC at the hotel desk. I am reimbursed, minus any fees.

This is immaterial to the IC determination.

They may bring in another therapist to use the space, if they like.

And they probably will like. Having a lease gives you exclusive use of the space during certain hours, being an IC gives you know such claim.

I pay all, or part of, the advertising costs.

Depends. If you are promoting you at that location, then yes, that is your dime. If the advertising is promoting spa services at this resort, then they can pay and require you to kick in a % of the cost, or a fee from every service you do, etc.

I may or may not provide my own table/linens/oil and creams/additional service tools.

If you don't, then they have the right -- and pretty much a legal obligation to keep your IC status -- to charge you for all of the above as a separate charge from the fee you earn.

I schedule myself, or they schedule their guests within an available schedule I give them.

As long as you are dictating when you are available to them, then you are an IC.

I am just plain independant:

Independent business.

I pay a flat rent.

This would make you a lessee with a lease agreement. Does not matter if it is flat or % rent, you can have a lease.

I take care of everything.

Immaterial. You can lease a furnished space, utlities included, along with table, linens, oils etc.

I schedule everything, they just see me coming and going.

Again, can work both ways. Whether you are the only lessee or there are multiple lessees, then they can schedule for you -- included in the cost of your rent -- during the operating hours outlined in your lease (our lease requires our spa to be open 6 days a week from 10-6, Sundays and Holidays optional). Or they can leave it up to you. If there are multiples, it would be a mess tyring to leave it up to everyone to do.


Or:

Does just renting a room in their establishment make me an IC, no matter what other stipulations?.

This makes you a lessee, regardless of other stipulations. Generally, leases can require more of you than being an IC can. That is not a bad thing -- jsut more rules.

I guess I would love something between an employee and independant, I'm willing to give up some freedoms to work in a beautiful place that I didn't have to decorate and outfit..

Who wouldn't! You have not mentioned an employee relationship in any scenario above. Probably not the right arrangement for this kind of work.

 

[C. Jean - Muttlvr]

A little words from the wise, please? ? about being IC

THANK YOU!