A free booth rent contract in plain language, with each clause matched to the factors the IRS uses to decide if a renter is really independent.
A booth rental agreement protects you the day something goes wrong, and that's exactly the day you'll wish you had one. Handshake deals feel friendly, right up until a renter leaves on bad terms, stops paying, or does work that lands on your reputation.
Below is a free template written in plain English, with a note under each clause saying which IRS factor it touches. I'm not an attorney or a CPA, so treat it as a first draft to hand to one, not a finished contract. After the template comes what the IRS and the Department of Labor say they look at, and the questions to bring to the person who reviews it.
What to put in writing
So put these in writing. The rent amount and the due date. What's included, from the station to towels to backbar. The insurance and licensing the renter carries, not you. A notice period for leaving. And a clear line that renters are independent, run their own books, and are responsible for their own clients and taxes.
Here's that list as a working checklist, with the question I'd ask the attorney about each line.
- Rent and the due date. How much, how often, what happens when it's late, and how a rent change gets announced. Ask: how much notice does a rent change need where I operate?
- What's included. The station, the chair, shampoo bowl time, towels, backbar, Wi-Fi, the front desk, the break room. Write it down even when it feels obvious. Ask: does anything I supply change how the renter looks on paper?
- Insurance and licensing. The renter's own liability policy and their current license, with copies on file. Our salon insurance guide has the questions to take to your own agent about renters.
- Who owns the client list. It's on the checklist below, and it's an easy clause to leave vague. Ask: what can this agreement actually say about client records and phone numbers when a renter leaves?
- Notice period and how either side ends it. How much notice, whether it has to be in writing, and what happens to the last rent payment and the key.
- Shared standards. When the building is open, cleanliness, conduct, how common areas get used. Ask: where's the line between rules for the building and control over how a renter works?
- Independence. The renter runs their own books, sets their own prices and schedule, and handles their own taxes. Ask: does the way we run the salon day to day match what this clause says?
The free template, clause by clause
Fill in everything in [brackets]. The grey note under each clause says which part of the IRS test it speaks to. The IRS sorts its evidence into three categories: behavioral control (who decides how the work is done), financial control (who carries the money side of the business) and the type of relationship (how the two sides describe and run it). Where a clause matches one of the indications in Publication 4902, the note quotes it.
Booth Rental Agreement
1. Who and where. [Salon legal name] ("Owner") rents station [number] at [street address] to [renter's full name], doing business as [renter's business name] ("Renter").
Type of relationship. Publication 4902 lists "Having your own phone number and business name." A renter with a business name of their own looks like a business renting space.
2. Term. This agreement starts on [date] and runs [week to week / month to month / until date]. Either side may end it with [number] days' written notice.
Type of relationship. The Department of Labor's Fact Sheet 13 counts the permanence of the relationship as one of its six factors.
3. Rent. Renter pays $[amount] per [week / month], due on [day], by [payment method]. Rent is a flat amount and does not change with Renter's sales. Rent paid more than [number] days late carries a late fee of $[amount]. Owner will give [number] days' written notice of any rent change.
Financial control. A flat rent leaves the renter with the profit in a busy week and the loss in a slow one, which is what an independent business carries.
4. What the rent covers. The station and chair, shared use of shampoo bowls, [dryers / color bar / break room], utilities, [Wi-Fi], restroom and waiting area. The rent does not cover products, tools, booking software, card processing, insurance or licensing, which Renter supplies.
Financial control. Writing down what each side pays for shows who carries the business costs.
5. Access and hours. Renter receives [a key / an access code] and sets their own working days and hours. The building is open to Renter from [time] to [time], [days].
Behavioral control. Publication 4902 lists "Having a key to the establishment" and "Setting your own hours."
6. Services and prices. Renter decides which services to offer and what to charge for them.
Behavioral and financial control. Publication 4902 lists "Determining the prices to be charged."
7. Products and tools. Renter buys their own professional products, tools and retail. Renter may sell their own retail at their station. [If Owner supplies any backbar, list exactly what, and what Renter pays for it.]
Financial control. Publication 4902 lists "Purchasing your own products."
8. Clients, booking and records. Renter books their own appointments on their own system and phone number. Renter's client list, client contact details and service records belong to Renter. Owner's front desk does not book for Renter [unless both sides agree in writing, and say how].
Behavioral control and type of relationship. Publication 4902 lists "Having your own phone number and business name." Ask an attorney what your state allows a contract to say about client records.
9. Payments and taxes. Renter takes payment from their own clients, gives their own receipts and pays their own income and self-employment taxes. Owner does not withhold tax from anything Renter earns.
Financial control. Publication 4902 also says booth renters may need to issue a Form 1099-MISC for rent paid to a non-corporate landlord above a dollar threshold. Ask a CPA what applies this year.
10. License and insurance. Renter keeps a current [state] license and displays it as the state board requires. Renter carries their own professional and general liability insurance of at least $[amount] and gives Owner a copy each year. [Ask your insurance agent whether Owner should be named on Renter's policy.]
Type of relationship. A renter who insures their own work carries the risk an independent business carries.
11. Building rules. Both sides follow the state board's sanitation rules and keep shared areas clean. [List any rules about noise, music, guests, parking or common areas.] These rules cover the building, not how Renter does their work.
Behavioral control. Rules for the shared space are different from instructions about how a service is done. Keep this clause to the building.
12. Advertising. Renter advertises under their own business name and may list the salon's address as their location.
Type of relationship. Publication 4902 lists "Having your own phone number and business name."
13. Deposit and damage. Renter pays a deposit of $[amount], returned within [number] days of the agreement ending, less the cost of any damage beyond normal wear.
14. Ending the agreement. On the last day Renter returns [the key / access code], pays any rent owed and removes their property within [number] days. Anything left after that may be [stored / disposed of] at Renter's cost.
15. Signatures. Owner: [name, signature, date]. Renter: [name, signature, date].
One warning that matters more than any clause. The Department of Labor says, in so many words, that signing an independent contractor agreement does not make someone an independent contractor. If the salon sets the renter's prices, schedules their shifts and books their clients, the paper above will not change what the IRS sees. The day-to-day has to match the contract.
What the IRS and the Department of Labor look at
Here's the part that surprises a lot of owners. The word "independent" in your agreement doesn't settle anything by itself. The Department of Labor's misclassification myths page says it plainly: "Signing an independent contractor agreement does not make you an independent contractor." The same page says "Receiving a 1099 does not make you an independent contractor."
For federal taxes, the IRS states the general rule like this: "an individual is an independent contractor if the person for whom the services are performed has the right to control or direct only the result of the work and not what will be done and how it will be done." The IRS also sorts the evidence into three categories: behavioral control, financial control, and the type of relationship.
The IRS even has a publication written for our industry. Publication 4902, Tax Tips for the Cosmetology and Barber Industry, is dated February 2011 on its last page, so it's old, but it's the IRS's own salon guidance. It says indications that a booth renter is an independent contractor "include, but are not limited to:"
- Having a key to the establishment
- Setting your own hours
- Purchasing your own products
- Having your own phone number and business name
- Determining the prices to be charged
And then it says: "If these factors are not present, then you are likely an employee of the business who is providing the space to you."
Wage and hour law uses a separate test. The Department of Labor's Fact Sheet 13 (revised March 2024) describes an economic reality test and says "The goal of the test is to decide if the worker is economically dependent on the employer for work." It lists six factors: opportunity for profit or loss depending on managerial skill, investments by the worker and the employer, permanence of the work relationship, nature and degree of control, whether the work performed is integral to the employer's business, and skill and initiative.
That same Fact Sheet 13 page also says the 2024 rule behind it is the subject of current litigation, points to Field Assistance Bulletin 2025-1 for the Wage and Hour Division's current enforcement position, and notes a proposed new rule announced on February 26, 2026. So the federal test is moving, and that's one more reason to have someone current read your agreement.
Read your agreement against the IRS list
So here's something you can do tonight, before you call anyone. Put your current agreement, or the template you're thinking about using, next to the Publication 4902 list above. Then mark every clause, and every everyday habit in your salon, that touches one of those indications. These are the ones I'd flag:
- The salon sets the renter's prices or service menu. Ask how that fits with "Determining the prices to be charged."
- Renters have to work set shifts, or can't get in outside salon hours. Ask about "Setting your own hours" and "Having a key to the establishment."
- Renters work off your backbar and sell your retail. Ask about "Purchasing your own products."
- Your front desk books their clients on your phone line and your system, under your salon's name. Ask about "Having your own phone number and business name."
None of this is me saying a clause is wrong. These are simply the places the IRS's own list points, so they're the places to ask about first. And bring the everyday habits along with the paper, because the IRS looks at the facts of the relationship.
Do not skip the professional review
Independent contractor rules vary by state, and getting them wrong is costly. So have a real professional review the agreement for where you operate before anyone signs. A template off the internet is a starting point, but it's not a safety net.
Here are the questions I'd take to that meeting with an attorney or CPA.
- Does my state have its own test for independent contractors, and how is it different from the federal ones? The Department of Labor notes that for unemployment insurance, "the state UI agency will make a determination as to whether that classification is correct under its laws."
- Does anything in this agreement, or in how we actually run the salon day to day, look like control over how renters do their work?
- What tax forms, if any, do I or my renters need to file because of the rent? Publication 4902 tells booth renters they must issue Form 1099-MISC for business rent paid to non-corporate landlords above a dollar threshold. That guidance is from 2011, so ask what applies this year.
- If either of us is ever unsure about status, should we look at Form SS-8? The IRS says "Form SS-8 may be filed by either the business or the worker," and that "it may take at least six months to receive a determination."
- What should happen to client records and contact information when a renter leaves?
- How should the agreement handle late rent, damage to the space, and ending early?
- What insurance should I require from renters? Take that one to your insurance agent too.
What owners told me about renting space
Wendy McCown owned her salon for 27 years before she sold it, and now she offers private studios to independent stylists. When I asked her what's different about her space compared with a typical booth rental, she described exactly what's included:
"Everybody has a private room with a glass door with a blind that closes. You have your own bowl. You have everything you need to run a salon."
Wendy McCown
That's what a clear "what's included" clause looks like in real life. Her renters run their own businesses, and she backs that up with education, right down to the bookkeeping:
"We'll provide color classes, or our CPA will come in and teach them how to reconcile a bank account"
Wendy McCown
I think that's a great example of being a good landlord without running anyone's business for them.
Why it makes the relationship better
A clear agreement doesn't make things colder. It makes them last, because everyone knows the rules going in, and nobody has to guess when a hard moment comes. And it's a kindness to the renter too. They know what they're paying for, and what's theirs.