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legal pad [ 70 ] • # dayspamagazine • january 2018 Where do you stand legally? Not in a very good spot, I'm afraid. You learned from attending a seminar a long time ago that every time a customer appears, and the spa provides that customer a service, a contract is formed. But what does this example have to do with contracts, you ask? This is not an oral contract, nor is it a written contract; instead, it is a contract implied-in-fact. Contracts implied-in-fact occur where there is an unspoken mutual agreement. In this case, the agreement was to provide a pedicure in return for payment. These kinds of contracts are implied from the circumstances showing a mutual intent to contract and can arise by the conduct of the parties. Here, the girls appeared at your spa, ask for pedicures, you provided the pedicures and the girls paid for the services. Thus, this set of circumstances and conduct formed a contract implied- in-fact. So where's the rub? It is a generally accepted rule of law in the U.S. that minors—in most states, those persons under the age of 18—lack the capacity to make a contract. (Others who lack this capacity are people suff ering from mental incapacity and those under the infl uence of drugs and alcohol.) So if you contract with anyone who lacks the capacity to contract, you do so at your own risk. The central issue is that these kinds of people may not have the ability to understand binding terms of the contract. There are exceptions, though. In most states, minors cannot avoid a contract for the necessities of life like food, clothing and lodging. Is a pedicure a necessity of life? Some may suggest it is, but a judge is unlikely to agree. Luckily, spa owners can easily avoid falling into this trap. Optional Off erings Spa owners have two choices: They can either provide services to minors or they can choose not to. Of course, whether spa treatments are even appropriate for young people is a matter of debate. On the "pro" side of the argument is practically every mother who has set foot in a spa. Many people feel that spa treatments contribute to mental and physical health as it relates to well-being. There's no question that children are under more stress than previous generations, so a relaxing massage, pedicure or anything that can help reduce stress must surely good for them, right? Whichever side of the debate you adopt, the trend is clearly moving toward providing spa services to younger clients. It's a solid moneymaker that many spas can't aff ord to ignore. Liability Issues When off ering spa services to minors, contract issues are just one consideration. The younger the client, the greater the liability. Everything from causing an injury to sexual misconduct on the part of an employee can result in astronomical liability and monetary judgments. If, as a spa owner, you'd like to benefi t from this profi t center but want to minimize your liability, there are several practices and procedures you can implement. © GETTY IMAGES e p ti ons, r the i cure a n likely to s trap . © GE TTY IMAGES SAMPLE