Friday, May 13, 2011

The Importance of Reviewing Leases for Medical Spas

Leases are rarely considered an important aspect of medical spa issues. However, I have had numerous instances where a lease became a major problem; and others in which it helped alleviate a problem. Many lease related issues arise but the most important is the "intended use" provision of the lease.

A medical spa should be considered a medical facility even if it is non-physician owned. Accordingly, the use and zoning should be appropriate for a medical practice. This is not a minor issue. Medical zoning is typically such that there are certain areas of a municipality that are zoned for medical use. There are parking issues, handicap parking issues and electric and plumbing issues.

There are also "exclusive" use issues that pertain to most medical spas. Skin care is a frequent issue. Occasionally, there will be an existing tenant that has an exclusive right to retail skin care. This would prohibit you from retailing skin care in your space. Therefore, it is essential to identify to the landlord the totality of your business and ask whether there are any "exclusive use" issues with existing tenants.

I was contacted this week by a spa that has an exclusive use issue with a SHOE STORE!! The shoe store had the exclusive use for MASSAGE! The spa may have to locate to a new facility!!

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