Issue link: https://www.massageandbodyworkdigital.com/i/72103
BUSINESS SIDE Laws vary greatly from place to place. Be sure you are in compliance with all state and local laws. In all states, including the unregulated ones, there is a possibility that your locale requires a city and/ or county license in order for you to operate a business. My town requires a business license because I sell products; if I didn't retail, I wouldn't be required to have one. In addition to the massage license issued by our state board, my state of North Carolina requires practitioners who are in any kind of health-care business to obtain an "Art of Healing" license as well. Laws vary greatly from place to place. Be sure you are in compliance with all state and local laws. Members of Associated Bodywork & Massage Professionals (ABMP) can log on to www.abmp. com for more information about the requirements in their state. THINK LOCATION, LOCATION, LOCATION Choosing a location for your business requires a little legwork. When you find a space that is appealing to you, don't sign on the dotted line until you have checked with your local city hall or county government regarding zoning laws. Failure to take this step could result in financial disaster. You wouldn't want to sign a lease and find out after the fact that local zoning ordinances prohibit your type of business from operating in that location. As archaic as it sounds, there are still places that prohibit massage establishments from opening their doors in certain areas. I have run across towns that prohibit massage therapy businesses from being located in a shopping mall, for example. In 2010, a Chicago alderman managed to get an ordinance passed that restricts massage businesses to areas that are zoned for heavy industry and taverns. It was a misguided attempt to deter human trafficking, but it just goes to show that the old "massage parlor" mentality is still alive and well in some places. It's better to be safe than sorry, so check your local laws before committing to a location. It's also important to conduct a market study. That doesn't mean undertaking a scientific research project; it can be as simple as looking in the phone book and driving around town to see what competition is in the area. Competition is a healthy thing, and there are enough aching bodies and stressed-out people to go around. However, you might maximize your chances for success if you choose an area that isn't saturated with other businesses of the same type. If you're a Rolfer, for example, you might not want to open a practice across the street from another Rolfer. But if you practice medical massage or sports massage, you'd be setting yourself apart if the only other business in the neighborhood is a day spa—if you indicate that in your name and advertising. DECIDE WHAT'S IN A NAME Choosing a name for your business is one of the first things you need to do—and with good reason. Your business name will be printed on your signage, business cards, and all your other business literature, so it's vitally important to get it right the first time. The most serious problem that could arise is choosing a name that someone else has trademarked or registered, which could result in legal action being taken against you. You are probably safe if you are using your own name as the name of the business, unless your name happens to be something very common. It's a safe bet that Massage by Elizabeth Finklemeister won't be taken if you live in a small town, but Massage by Mary could feasibly already be in use. You don't want people confusing your business for someone else's, and that includes the tax man. You can do a name search on the website of the United States Patent and Trademark Office at www.uspto.gov to see if the name you have chosen is trademarked. You should also look on your state government's website to see if the name you're planning to use is already taken; registering a name with the state is not the same as a trademark, but may still offer some measure of legal protection. Still, if you're choosing a name that is catchy and/or unusual, you may want to trademark it, especially if you're harboring grand dreams of being the next Massage Envy or operating an exclusive spa. According to an article written by Kermit Patterson that appeared in the New York Times,1 even a small business can have difficulties with choosing a name. A spa owner in Philadelphia has gone through six names in two years. One choice had been taken. She switched to Bodyworks; customers said it reminded them of an auto body shop. She tried One Touch Body and Spa, but she got dirty looks when she went to the city for a permit. "They're looking at me over their glasses with this 'touching body' in there," she said. "I tried to explain that I do therapeutic massage and guys were coming up to the counter and saying, earn CE hours at your convenience: abmp's online education center, www.abmp.com 21