Employment Contract
Create a Massachusetts-compliant wellness coach employment contract. Covers MA non-compete reform, wage theft prevention, and scope of practice disclaimers.
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As a wellness coach in Massachusetts, your employment agreement must balance professional services with strict state mandates. This contract protects you from unlicensed health advice liabilities... Read more
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As a wellness coach in Massachusetts, your employment agreement must balance professional services with strict state mandates. This contract protects you from unlicensed health advice liabilities while ensuring compliance with the 2018 Massachusetts Noncompete Agreement Act and the Wage Theft Prevention Act (M.G.L. ch. 149, § 148). By clearly defining the 'holistic' and 'advisory' nature of the role versus medical or diagnostic services, you mitigate risks under the MA Consumer Protection Act (Chapter 93A) and safeguard your coaching practice.
Beyond the standard employment contract sections, this template adds fields specific to Wellness Coach:
An employment contract establishes a formal employment relationship between an employer and an employee, outlining the terms and conditions of employment, rights, obligations, and responsibilities of both parties. It provides legal protection and clarity, ensuring compliance with employment laws and minimizing the risk of misunderstandings and disputes.
Scope of Practice Violations
Contracts should clearly define the services offered and include disclaimers that coaches do not provide medical advice or therapy.
Results Liability
Use of disclaimers in contracts stating that results are not guaranteed and depend on client commitment and personal efforts.
Unlicensed Health Advice
Written agreements that emphasize the coaching role is advisory, not prescriptive or diagnostic, recommending clients to consult licensed healthcare providers.
For this employment contract to be legally valid:
Common mistakes to avoid:
Health Insurance Portability and Accountability Act (HIPAA)
While wellness coaches are not typically covered entities under HIPAA, they must be aware of privacy concerns when handling clients' personal health information.
Enforced by U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR)
Federal Trade Commission Act (FTC Act)
Governs advertising and marketing practices to prevent misleading information, which can impact wellness coaches making health-related claims.
Enforced by Federal Trade Commission (FTC)
Telehealth and Telemedicine Guidelines
Wellness coaches providing services via telehealth must adhere to state and federal telehealth laws which may vary, ensuring communication practices adhere to state requirements.
Enforced by State Medical Boards and Federal Communications Commission (FCC)
Recommended coverage: Professional Liability Insurance (Errors & Omissions) · General Liability Insurance · Cyber Liability Insurance · Personal Injury Insurance
In Massachusetts, non-compete clauses are only enforceable if they meet strict criteria under M.G.L. ch. 149, § 24L. This includes providing at least 10 business days' notice before the start date and offering 'garden leave' (paying 50% of the highest annualized base salary) or other mutually agreed-upon consideration during the restricted period.
The contract must include specific 'Scope of Practice' disclaimers stating that the wellness coach is not a licensed physician or therapist. Under common Massachusetts liabilities, it should explicitly state that services are advisory, not diagnostic, and that the client is responsible for consulting their own healthcare providers for medical conditions.
Even if you are not a HIPAA-covered entity, you must comply with the Massachusetts Data Privacy Law (M.G.L. ch. 93H) and 201 CMR 17.00. This requires your employment contract to include confidentiality clauses that outline the protection of personal and sensitive health information collected during intake forms and goal-setting sessions.
Per M.G.L. ch. 149, § 148, coaches must be paid within specific timeframes. If an employment relationship is terminated, the coach must be paid in full on their final day (if discharged) or by the following payday (if they resign). Your contract must reflect these mandatory payment schedules to avoid triple damages.
State laws affect what must be in this document. Pick your jurisdiction.
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