In this day where child abuse has become a much talked about subject, many children have been warned to avoid inappropriate touching. The child may need to be educated that massage is appropriate touching and that no personal areas will be touched. The child should also be told that if at any time the child feels uncomfortable to let the therapist know immediately. Therapist should get permission from the child before treatment of each part and stay acutely aware to any subtle signs of child’s possible discomfort.

The attitude of the parent or guardian and of therapist goes a long way to making the child at ease. It is advisable for the therapist to always have the parent or guardian to be present in the room at all times. . One office puts the massage on hold if the parent leaves the room. If that is not possible, it is advisable that the parent or guardian be able to see the child at all times, which may be accomplished by leaving the therapy room door open, for example. In any case, whether or not the parent or guardian witnesses the massage, the Standard requires the parent’s or guardian’s consent for the massage.

The above “consent” by the child is for psychological reasons and out of caring. The child cannot legally consent until the legal age of majority, usually eighteen. The fact that a child may look over eighteen is of no consequence—the chronological age is what legally matters. The therapist has no way of knowing whether the adult presenting the child is in fact the parent or legal guardian capable of authorizing treatment. Nonetheless, if the therapist has any hint that this is not the case; the therapist may wish to decline the massage.

Practically, a minor can make a contract but the minor’s age is a reason to void the contract. The minor—but not the other party—may repudiate the contract. The minor when repudiating the contract must return anything possible received from the other party. In a massage, there will be nothing left to return. If a minor bought a car for cash from an adult, destroyed the car, and repudiated the contract, the minor would owe nothing to the seller and would be entitled to the return of the money paid. (Oddly a minor cannot repudiate an auto insurance contract.) Put another way, the minor could purchase a massage from an adult therapist, receive the massage, afterwards repudiate the contract, and be entitled to the return of the money paid. This is another reason for the therapist to deal with the parent or guardian.

If a minor bought a massage that was medically necessary, a court might envision a “quasi-contract” and require the minor to pay despite the previous discussion.

An intoxicated person can void the contract if the other party knew of the intoxication and contracted anyway. Upon regaining sobriety, the person may repudiate the contract, return anything received and get their money refunded. In a therapist’s case, since massage is not a returnable item, this would equal giving a free massage.