HomeMy WebLinkAboutC25-092 Cheryl Goldberg
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN EAGLE COUNTY, COLORADO
AND
CHERYL GOLDBERG
THIS AGREEMENT (“Agreement”) is effective as of _________________ by and between Cheryl
Goldberg (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and
politic (hereinafter “County”).
RECITALS
WHEREAS, one day per month, Consultant will provide 5 minute chair massages for participants in
Eagle County’s Healthy Aging program (the “Project”) at the Minturn Healthy Aging site located in
Room 105 at the Vail Ski and Snowboard Academy, 1 Academy Loop, Minturn, CO 81645 (the
“Property”); and
WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill,
expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and
WHEREAS, this Agreement shall govern the relationship between Consultant and County in connection
with the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises Consultant and
County agree as follows:
1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials
necessary to perform and complete the services described in Exhibit A (“Services”) which is attached
hereto and incorporated herein by reference. The Services shall be performed in accordance with the
provisions and conditions of this Agreement.
a. Consultant agrees to furnish the Services no later than December 31st, 2025 and in
accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A,
then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the
applicable standard of care. By signing below Consultant represents that it has the expertise and
personnel necessary to properly and timely perform the Services.
b. In the event of any conflict or inconsistency between the terms and conditions set forth in
Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in
this Agreement shall prevail.
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c. Consultant agrees that it will not enter into any consulting or other arrangements with
third parties that will conflict in any manner with the Services.
2. County’s Representative. The Public Health and Environment Department’s designee shall be
Consultant’s contact with respect to this Agreement and performance of the Services.
3. Term of the Agreement. This Agreement shall commence upon the date first written above, and
subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 31st of
December, 2025
4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any
obligations hereunder be waived, except by agreement signed by both parties. No additional services or
work performed by Consultant shall be the basis for additional compensation unless and until Consultant
has obtained written authorization and acknowledgement by County for such additional services in
accordance with County’s internal policies. Accordingly, no course of conduct or dealings between the
parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services,
and no claim that County has been unjustly enriched by any additional services, whether or not there is in
fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder.
In the event that written authorization and acknowledgment by County for such additional services is not
timely executed and issued in strict accordance with this Agreement, Consultant’s rights with respect to
such additional services shall be deemed waived and such failure shall result in non-payment for such
additional services or work performed.
5. Compensation. County shall compensate Consultant for the performance of the Services in a sum
computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement
shall not exceed $600.00. Consultant shall not be entitled to bill at overtime and/or double time rates for
work done outside of normal business hours unless specifically authorized in writing by County.
a. Payment will be made for Services satisfactorily performed within thirty (30) days of
receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the
hours spent, tasks performed, who performed each task and such other detail as County may request.
b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall
be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up
thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses
shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant.
Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically
approved in writing by County.
c. If, at any time during the term or after termination or expiration of this Agreement,
County reasonably determines that any payment made by County to Consultant was improper because the
Services for which payment was made were not performed as set forth in this Agreement, then upon
written notice of such determination and request for reimbursement from County, Consultant shall
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forthwith return such payment(s) to County. Upon termination or expiration of this Agreement,
unexpended funds advanced by County, if any, shall forthwith be returned to County.
d. County will not withhold any taxes from monies paid to the Consultant hereunder and
Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement.
e. Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any
period after December 31 of any year, without an appropriation therefor by County in accordance with a
budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the
Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the
TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
6. Sub-consultants. Consultant acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any
sub-consultant agreements for the performance of any of the Services or additional services without
County’s prior written consent, which may be withheld in County’s sole discretion. County shall have
the right in its reasonable discretion to approve all personnel assigned to the subject Project during the
performance of this Agreement and no personnel to whom County has an objection, in its reasonable
discretion, shall be assigned to the Project. Consultant shall require each sub-consultant, as approved by
County and to the extent of the Services to be performed by the sub-consultant, to be bound to Consultant
by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities
which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the
obligation) to enforce the provisions of this Agreement against any sub-consultant hired by Consultant
and Consultant shall cooperate in such process. The Consultant shall be responsible for the acts and
omissions of its agents, employees and sub-consultants or sub-contractors.
7. Insurance. Consultant agrees to provide and maintain at Consultant’s sole cost and expense, the
following insurance coverage with limits of liability not less than those stated below:
a. Types of Insurance.
i. Workers’ Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $1,000,000 each accident
combined bodily injury and property damage liability insurance, including coverage for owned, hired, and
non-owned vehicles.
iii. Commercial General Liability coverage to include premises and operations,
personal/advertising injury, products/completed operations, broad form property damage with limits of
liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits.
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iv. Professional liability insurance with prior acts coverage for all Services required
hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not
less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability
insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall
precede the effective date of this Agreement. Continuous coverage will be maintained during any
applicable statute of limitations for the Services and Project.
b. Other Requirements.
i. The automobile and commercial general liability coverage shall be endorsed to
include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials,
employees, agents and volunteers as additional insureds.
ii. Consultant’s certificates of insurance shall include sub-consultants as additional
insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for
each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same minimum
requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing
coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by
Consultant and its sub-consultants until the applicable statute of limitations for the Project and the
Services has expired.
iii. Insurance shall be placed with insurers duly licensed or authorized to do business
in the State of Colorado and with an “A.M. Best” rating of not less than A-VII.
iv. Consultant’s insurance coverage shall be primary and non-contributory with
respect to all other available sources. Consultant’s policy shall contain a waiver of subrogation against
Eagle County.
v. All policies must contain an endorsement affording an unqualified thirty (30)
days notice of cancellation to County in the event of cancellation of coverage.
vi. All insurers must be licensed or approved to do business within the State of
Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein.
vii. Consultant’s certificate of insurance evidencing all required coverage(s) is
attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance
policy and/or required endorsements required under this Agreement within five (5) business days of a
written request from County, and hereby authorizes Consultant’s broker, without further notice or
authorization by Consultant, to immediately comply with any written request of County for a complete
copy of the policy.
viii. Consultant shall advise County in the event the general aggregate or other
aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will
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reinstate the aggregate limits to comply with the minimum limits and shall furnish County a new
certificate of insurance showing such coverage.
ix. If Consultant fails to secure and maintain the insurance required by this
Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately
terminate this Agreement.
x. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
xi. The parties hereto understand and agree that the County is relying on, and does
not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights,
immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time
amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected
officials, employees, agents and volunteers.
xii. Consultant is not entitled to workers’ compensation benefits except as
provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation
coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal
and state income tax on any moneys paid pursuant to this Agreement.
8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its
officers, agents and employees against any losses, claims, damages or liabilities for which County may
become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or
indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any
of its sub-consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and
costs, legal and other expenses incurred by County in connection with investigating or defending any such
loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties
against the County to the extent that County is liable to such third party for such claims without regard to
the involvement of the Consultant. This paragraph shall survive expiration or termination hereof.
9. Ownership of Documents. All documents prepared by Consultant in connection with the Services
shall become property of County. Consultant shall execute written assignments to County of all rights
(including common law, statutory, and other rights, including copyrights) to the same as County shall
from time to time request. For purposes of this paragraph, the term “documents” shall mean and include
all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets,
maps and work sheets produced, or prepared by or for Consultant (including any employee or sub
consultant in connection with the performance of the Services and additional services under this
Agreement).
10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i)
personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii)
when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their
respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either
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party may change its address for purposes of this paragraph by giving five (5) days prior written notice of
such change to the other party.
COUNTY:
Eagle County, Colorado
Attention: Carly Rietmann
551 Broadway
Post Office Box 660
Eagle, CO 81631
Telephone: 970-328-8896
E-Mail: carly.rietmann@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
E-Mail: atty@eaglecounty.us
CONSULTANT:
Cheryl Goldberg
PO Box 6897
Avon, Colorado 81620
Telephone: 970-471-2580
E-Mail: cherylvail@msn.com
11. Coordination. Consultant acknowledges that the development and processing of the Services for
the Project may require close coordination between various consultants and contractors. Consultant shall
coordinate the Services required hereunder with the other consultants and contractors that are identified
by County to Consultant from time to time, and Consultant shall immediately notify such other
consultants or contractors, in writing, of any changes or revisions to Consultant’s work product that might
affect the work of others providing services for the Project and concurrently provide County with a copy
of such notification. Consultant shall not knowingly cause other consultants or contractors extra work
without obtaining prior written approval from County. If such prior approval is not obtained, Consultant
shall be subject to any offset for the costs of such extra work.
12. Termination. County may terminate this Agreement, in whole or in part, at any time and for any
reason, with or without cause, and without penalty therefore with seven (7) calendar days’ prior written
notice to the Consultant. Upon termination of this Agreement, Consultant shall immediately provide
County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and
shall return all County owned materials and documents. County shall pay Consultant for Services
satisfactorily performed to the date of termination.
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13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to
this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado,
which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and
interpreted under and shall be governed by the laws of the State of Colorado.
14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or
more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the
same instrument. The parties approve the use of electronic signatures for execution of this Agreement.
Only the following two forms of electronic signatures shall be permitted to bind the parties to this
Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the
image of the signature of an authorized signer inserted onto PDF format documents. All documents must
be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform
Electronic Transactions Act, C.R.S. 24-71.3-101 to 121.
15. Other Contract Requirements.
a. Consultant shall be responsible for the completeness and accuracy of the Services,
including all supporting data or other documents prepared or compiled in performance of the Services,
and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County
has accepted or approved the Services shall not relieve Consultant of any of its responsibilities.
Consultant shall perform the Services in a skillful, professional and competent manner and in accordance
with the standard of care, skill and diligence applicable to Consultants performing similar services.
Consultant represents and warrants that it has the expertise and personnel necessary to properly perform
the Services and covenants that its professional personnel are duly licensed to perform the Services within
Colorado. This paragraph shall survive termination of this Agreement.
b. Consultant agrees to work in an expeditious manner, within the sound exercise of its
judgment and professional standards, in the performance of this Agreement. Time is of the essence with
respect to this Agreement.
c. This Agreement constitutes an agreement for performance of the Services by Consultant
as an independent contractor and not as an employee of County. Nothing contained in this Agreement
shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture
or any other relationship between County and Consultant except that of independent contractor.
Consultant shall have no authority to bind County.
d. Consultant represents and warrants that at all times in the performance of the Services,
Consultant shall comply with any and all applicable laws, codes, rules and regulations.
e. This Agreement contains the entire agreement between the parties with respect to the
subject matter hereof and supersedes all other agreements or understanding between the parties with
respect thereto.
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f. Consultant shall not assign any portion of this Agreement without the prior written
consent of the County. Any attempt to assign this Agreement without such consent shall be void.
g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto
and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all
rights and obligations hereunder are reserved solely for the parties, and not to any third party.
h. No failure or delay by either party in the exercise of any right hereunder shall constitute a
waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding
breach.
i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision hereof.
j. Consultant shall maintain for a minimum of three years, adequate financial and other
records for reporting to County. Consultant shall be subject to financial audit by federal, state or county
auditors or their designees. Consultant authorizes such audits and inspections of records during normal
business hours, upon 48 hours’ notice to Consultant. Consultant shall fully cooperate during such audit or
inspections.
k. The signatories to this Agreement aver to their knowledge, no employee of the County
has any personal or beneficial interest whatsoever in the Services or Property described in this
Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner
or degree with the performance of the Services and Consultant shall not employ any person having such
known interests.
16. Data Security.
a. Definitions:
i. “County Data” means all data created by or in any way originating with County and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with County and End
Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to County’s use of Contractor Services and Protected Information.
ii. “End User” means the individuals (including, but not limited to employees,
authorized agents, students and volunteers of County; Third Party consultants, auditors and other independent contractors performing services for County; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of County provided services;
and any external users collaborating with County) authorized by County to access and use the Services provided by Contractor under this Agreement.
iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use
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and disclosure of such information. The loss of such Protected Information would constitute a direct damage to the County.
iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of County Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach.
b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control County Data. The Contractor represents and warrants that:
i. Contractor will take all reasonable precautions to maintain all County Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing County Data;
ii. Contractor’s collection, access, use, storage, disposal and disclosure of County
Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives;
iii. Contractor will notify County of any Security Incident as soon as practicable, but
no later than 24 hours after Contractor becomes aware of it;
iv. Contractor will provide information sufficient to satisfy the County's legal and regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to
direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to County.
v. Where Contractor has been contracted to maintain, store or process personal information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and
vi. Contractor will promptly return or destroy any County Data upon request from the County Representative.
c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its COUNTY MANAGER
By: ______________________________
Jeff Shroll, County Manager
CONSULTANT
Cheryl Goldberg
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
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Massage Therapist
Cheryl Goldberg
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EXHIBIT A
SCOPE OF SERVICES, SCHEDULE, FEES
Scope:
One day each month, Cheryl Goldberg will provide 5 minute chair massages for participants in Eagle
County’s Healthy Aging program. Services will be provided at the Minturn Healthy Aging site, located in
Room 105 of the Vail Ski and Snowboard Academy, 1 Academy Loop, Minturn, CO 81645.
Financial Compensation:
A. During the term of January 1, 2025 through December 31, 2025, Eagle County will compensate Cheryl
Goldberg for the performance of the Services at the rate of $50.00 per day. Compensation for the
performance of Services under this Agreement during the term shall not exceed $600 for project period
January 1, 2025 through December 31, 2025.
B. Invoices should be submitted at the end of each month to phinvoices@eaglecounty.us and copy
carly.rietmann@eaglecounty.us.
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EXHIBIT B
Insurance Certificate
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Certificate of Insurance
AMTA Member ID#: 1279696
Ms. Cheryl Goldberg
PO BOX 6897
Avon, CO 816206897
AMTA Member Classification: PROF
Enrolled Member Effective Date: 05/01/2024 04/30/2025
Coverage for enrolled member's business is limited to claims arising from enrolled member's professional services.
Administered By:
Healthcare Providers Service Organization
Affinity Insurance Services, Inc.
1100 Virginia Drive, Suite 250
Fort Washington, PA 19034
Insurance Company:
Columbia Casualty Company
A CNA Company
TYPE OF INSURANCE MASTER POLICY NUMBER LIMITS (per enrolled member)
Professional Liability Occurrence
Coverage 0289955556 $2,000,000 each claim / $6,000,000 aggregate
Subject to the Master Policy Aggregate
Coverage is afforded to AMTA Members for a period of 12 months concurrent with the Enrolled Member Effective
Date or until membership is terminated or expires. Student Enrolled membership expires on the last day of the
month in which the Student Enrolled Member graduates. No coverage is afforded to Student Enrolled Members for
providing massage therapy services outside of school sanctioned and directed activities. If the AMTA Master Policy
is nonrenewed or cancelled, the AMTA Member's coverage under this policy will terminate upon the expiration of
the Enrolled Member Effective Date and will not be renewed. The Master Policy Aggregate may be reduced by
claims paid on behalf of other insureds.
ADDITIONAL COVERAGES (included in Professional Liability Limits specified above)
General Liability
Products Liability
Host Liquor Liability
Personal Injury Liability
Good Samaritan Liability
Malplacement Liability
Fire & Water Legal Liability(subject to $100,000 sub limit)
COVERAGE EXTENSIONS COVERAGE EXTENSION LIMITS
License Protection
Defendant Expense Benefit
Deposition Representation
Assault (excluding Texas)
Medical Payments
First Aid
Information Privacy Coverage (HIPAA)
$10,000 per proceeding / $25,000 aggregate
$10,000 aggregate
$2,500 per deposition / $5,000 aggregate
$10,000 per incident / $25,000 aggregate
$2,000 per person / $100,000 aggregate
$2,500 aggregate
$25,000 aggregate
This material is intended to provide a general overview of the products and services offered. Coverage for enrolled
member's business is limited to claims arising from enrolled member's professional services. Only the policy can
provide the actual terms, coverage amounts, conditions and exclusions.
Please contact HPSO at 18882531474 directly for a free copy of the complete policy.
Rev. 2/2022
AMTA Coverage
AMTA Members are covered for professional services for which the enrolled member is licensed, certified,
accredited or professionally trained to perform as a massage therapist. Student Enrolled Members are covered only
for those services for which the Student Enrolled Member is professionally trained to perform while engaged in
school sanctioned and directed activities. If an enrolled member practices in any jurisdiction which governs massage
therapy services, then massage therapy services means those services for which the enrolled member is licensed,
certified, accredited, trained or qualified to perform within the scope of practice recognized by the governmental
regulatory agency responsible for maintaining the standards of the profession of massage therapy. Professional
services also means the enrolled member's massage therapy services while acting as a member of a formal
accreditation, standards review, or similar professional board or committee, including the directives of such board or
committee.
As an AMTA enrolled member covered by the AMTA insurance program, enrolled members are responsible for and
expected at all times to be familiar and current with all laws, regulations, etc. in their state of practice that govern
their profession as a massage therapist.
Modality Exclusions
Any acts, errors or omissions involving the activities designated below are excluded. This list is subject to review
and change by AMTA.
Electrolysis or microcurrent; radiation for the removal of hair; photocoagulation technique for the removal of hair;
plastic surgery of any type; removal of warts, moles, or other growths; laser or other types of pulsated light
treatments; weight reducing treatments; sun tanning treatments; Botox; hair implanting or hair transplanting; tinting,
dyeing or coloring of hair, eyelashes, or eyebrows; removal of any form of permanent cosmetic makeup; yoga
trapeze, yoga swing, or aerial yoga hammock; surgical or nonsurgical body contouring; or flotation or sensory
deprivation pod therapy.
Colon hydrotherapy, nutritional or dietary counseling, personal training, pilates, religious healing, procedures that
use fire, cupping therapy with use of heat, ear candling, saunas, sun tanning treatments other than topical tanning
lotions or sprays, procedures which penetrate the skin or body cavities either manually or with other methods of
intrusion other than manual soft tissue manipulation of the oral or nasal cavities.
Diagnosis, prescription, or service in the capacity of any other profession or branch of healthcare or medicine for
which a license to practice is required by law including chiropractic, dentistry, dermatology, naprapathy,
naturopathy, nursing, orthopedics, osteopathy, physical therapy, podiatry, psychiatry, psychology or
psychotherapy.
Additional Information
An AMTA membership card in conjunction with this notice should serve as acceptable evidence of insurance to
anyone requesting proof of your professional liability coverage. If you have any additional questions concerning the
AMTA Professional Liability Insurance Plan, please call our insurance administrator, HPSO, tollfree at 1888253
1474. We are dedicated to giving you the best service possible and thank you for the opportunity to provide this
insurance and membership to you. Please also feel free to call AMTA with questions or comments.
Reporting Claims
Please call HPSO tollfree at 18882531474 for claim reporting procedures or refer to the AMTA Professional
Liability Benefits Guide.
Additional Insured Requests
Please call HPSO tollfree at 18882531474 for additional insured requests.
This program is underwritten by Columbia Casualty Company, a CNA company and is offered through the
Healthcare Providers Service Organization Risk Purchasing Group. This material is intended to provide a general
overview of the products and services offered. Only the policy can provide the actual terms, coverage amounts,
conditions and exclusions.
Healthcare Provider Service Organization (HPSO) is a division of Affinity Insurance Services, Inc., in CA (License
#0795465), MN and OK, AIS Affinity Insurance Agency and NY, AIS Affinity Insurance Agency.
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Certificate of InsuranceAMTA Member ID#: 1279696 Ms. Cheryl Goldberg PO BOX 6897Avon, CO 816206897 AMTA Member Classification: PROF Enrolled Member Effective Date: 05/01/2024 04/30/2025Coverage for enrolled member's business is limited to claims arising from enrolled member's professional services.Administered By:Healthcare Providers Service Organization Affinity Insurance Services, Inc. 1100 Virginia Drive, Suite 250 Fort Washington, PA 19034 Insurance Company:Columbia Casualty Company A CNA CompanyTYPE OF INSURANCE MASTER POLICY NUMBER LIMITS (per enrolled member)Professional Liability OccurrenceCoverage 0289955556 $2,000,000 each claim / $6,000,000 aggregateSubject to the Master Policy AggregateCoverage is afforded to AMTA Members for a period of 12 months concurrent with the Enrolled Member EffectiveDate or until membership is terminated or expires. Student Enrolled membership expires on the last day of themonth in which the Student Enrolled Member graduates. No coverage is afforded to Student Enrolled Members forproviding massage therapy services outside of school sanctioned and directed activities. If the AMTA Master Policyis nonrenewed or cancelled, the AMTA Member's coverage under this policy will terminate upon the expiration ofthe Enrolled Member Effective Date and will not be renewed. The Master Policy Aggregate may be reduced byclaims paid on behalf of other insureds.ADDITIONAL COVERAGES (included in Professional Liability Limits specified above)General LiabilityProducts LiabilityHost Liquor LiabilityPersonal Injury Liability Good Samaritan LiabilityMalplacement LiabilityFire & Water Legal Liability(subject to $100,000 sub limit)COVERAGE EXTENSIONS COVERAGE EXTENSION LIMITSLicense ProtectionDefendant Expense BenefitDeposition RepresentationAssault (excluding Texas)Medical PaymentsFirst AidInformation Privacy Coverage (HIPAA)$10,000 per proceeding / $25,000 aggregate$10,000 aggregate$2,500 per deposition / $5,000 aggregate$10,000 per incident / $25,000 aggregate$2,000 per person / $100,000 aggregate$2,500 aggregate$25,000 aggregateThis material is intended to provide a general overview of the products and services offered. Coverage for enrolledmember's business is limited to claims arising from enrolled member's professional services. Only the policy canprovide the actual terms, coverage amounts, conditions and exclusions. Please contact HPSO at 18882531474 directly for a free copy of the complete policy.Rev. 2/2022
AMTA Coverage
AMTA Members are covered for professional services for which the enrolled member is licensed, certified,
accredited or professionally trained to perform as a massage therapist. Student Enrolled Members are covered only
for those services for which the Student Enrolled Member is professionally trained to perform while engaged in
school sanctioned and directed activities. If an enrolled member practices in any jurisdiction which governs massage
therapy services, then massage therapy services means those services for which the enrolled member is licensed,
certified, accredited, trained or qualified to perform within the scope of practice recognized by the governmental
regulatory agency responsible for maintaining the standards of the profession of massage therapy. Professional
services also means the enrolled member's massage therapy services while acting as a member of a formal
accreditation, standards review, or similar professional board or committee, including the directives of such board or
committee.
As an AMTA enrolled member covered by the AMTA insurance program, enrolled members are responsible for and
expected at all times to be familiar and current with all laws, regulations, etc. in their state of practice that govern
their profession as a massage therapist.
Modality Exclusions
Any acts, errors or omissions involving the activities designated below are excluded. This list is subject to review
and change by AMTA.
Electrolysis or microcurrent; radiation for the removal of hair; photocoagulation technique for the removal of hair;
plastic surgery of any type; removal of warts, moles, or other growths; laser or other types of pulsated light
treatments; weight reducing treatments; sun tanning treatments; Botox; hair implanting or hair transplanting; tinting,
dyeing or coloring of hair, eyelashes, or eyebrows; removal of any form of permanent cosmetic makeup; yoga
trapeze, yoga swing, or aerial yoga hammock; surgical or nonsurgical body contouring; or flotation or sensory
deprivation pod therapy.
Colon hydrotherapy, nutritional or dietary counseling, personal training, pilates, religious healing, procedures that
use fire, cupping therapy with use of heat, ear candling, saunas, sun tanning treatments other than topical tanning
lotions or sprays, procedures which penetrate the skin or body cavities either manually or with other methods of
intrusion other than manual soft tissue manipulation of the oral or nasal cavities.
Diagnosis, prescription, or service in the capacity of any other profession or branch of healthcare or medicine for
which a license to practice is required by law including chiropractic, dentistry, dermatology, naprapathy,
naturopathy, nursing, orthopedics, osteopathy, physical therapy, podiatry, psychiatry, psychology or
psychotherapy.
Additional Information
An AMTA membership card in conjunction with this notice should serve as acceptable evidence of insurance to
anyone requesting proof of your professional liability coverage. If you have any additional questions concerning the
AMTA Professional Liability Insurance Plan, please call our insurance administrator, HPSO, tollfree at 1888253
1474. We are dedicated to giving you the best service possible and thank you for the opportunity to provide this
insurance and membership to you. Please also feel free to call AMTA with questions or comments.
Reporting Claims
Please call HPSO tollfree at 18882531474 for claim reporting procedures or refer to the AMTA Professional
Liability Benefits Guide.
Additional Insured Requests
Please call HPSO tollfree at 18882531474 for additional insured requests.
This program is underwritten by Columbia Casualty Company, a CNA company and is offered through the
Healthcare Providers Service Organization Risk Purchasing Group. This material is intended to provide a general
overview of the products and services offered. Only the policy can provide the actual terms, coverage amounts,
conditions and exclusions.
Healthcare Provider Service Organization (HPSO) is a division of Affinity Insurance Services, Inc., in CA (License
#0795465), MN and OK, AIS Affinity Insurance Agency and NY, AIS Affinity Insurance Agency.
Docusign Envelope ID: A1282D48-F194-481D-A876-86C3D7D02A9A
