CakemanOH Posted 4 May 2006 , 1:02pm
post #1 of

I have seen a few topics looking for a cake/cookie contract. Here is mine I just developed. Feel free to change and use it as you want. I could not attach the word doc so I have to just copy it below.

CAKES BY MARK DESIGN SERVICES AGREEMENT


This Cakes by Mark Design Services Agreement (the ¡§Agreement¡¨) is dated as of _____________, 20____, by and between: _____________________________________________ (¡§Contractor¡¨) and _______________________________________ (¡§Client¡¨) (collectively the ¡§Parties¡¨).

The Parties agree as follows:

1.  SERVICES: Contractor will perform the cake design services described below (the ¡§Services¡¨): (check all that apply)

þ  Wedding cake
þ  Other cake (Specify (if desired)):             icon_wink.gif
þ  Pastries
þ  Cookies
þ  Other services:                                                                 .
(attach an appendix if you require more space to detail other services)

2.  CAKE DESIGN: Contractor will design and prepare a cake with the following description:                                                                                         . (if no cake is to be designed, write ¡§not applicable.¡¨)

3. PROJECT DESCRIPTION: The cake to be provided by Cakes by Mark is described in the attached order. Any changes to this order must be made no later than Fourteen (14) days prior to the event date. Any changes made less than 14 days prior to the event date cannot be guaranteed and will only be made at additional cost to be determined at point of change.


4. TIME OF COMPLETION:

þ The Services shall be performed for    (specify the type or name of event, if desired)    , which commences at __:__ __.m., and concludes at __:__ __.m., at     (location)    . All Services must be completed in time to accommodate the schedule above. Time is of the essence.

þ The Services shall be completed _______________ (e.g. weekly, bi-weekly, daily, etc.), commencing on ________________, 20__. The Services shall be performed on      (insert day of the week)     between the hours of _____a.m. and _____p.m..



5. EQUIPMENT:

þ  Client shall provide the following equipment for Contractor¡¦s use when performing the Services: _____________________________________________. Contractor shall provide all other equipment necessary to perform the Services.

þ  When performing the Services, Contractor will use his/her own equipment.

6. PAYMENT: (mark the applicable provision)

þ  Client shall pay Contractor for the Services the sum of ____________________ Dollars ($__________).

þ  Client shall pay Contractor a deposit for the Rental of Equipment the sum of _____________________ Dollars ($__________) per ___________.


The payment(s) shall be paid in the following manner:
To secure your event date Cakes By Mark will decline other work. Accordingly, you agree to the following payment arrangement: A deposit of 50% of the total contract price is due upon signing this contract, of which $50.00 is non-refundable. The remainder of the total price shall be due five working days before the Event. If payment has not been received, we reserve the right to refuse your order.
Rental items must be returned by Tuesday of the week following your event date or your deposit will be retained. Any damage, loss or non-return of the rental equipment will be taken from your deposit and could require additional payment from the client up to the full replacement price of the equipment.
7.  CANCELLATION OR POSTPONEMENT:

In the past, we have experienced either a postponed or cancelled cake. If for any reason you need to postpone your event, please contact Cakes by Mark immediately. If you need to postpone or change your event date, your new date may or may not be available. If you need to cancel your order entirely there are certain refund policies that we follow. If the cancellation is up to four weeks in advance of your wedding date, we will refund all but $50.00 of your deposit. Two weeks in advance, you will receive a 50% refund of your deposit. After the two weeks prior to your wedding, we cannot accept cancellation and cannot refund your money.


8. OTHER EXPENSES/ACCOMODATIONS: Client shall reimburse Contractor for the following expenses only:                                                              . (If none, write ¡§none.¡¨)

Client shall be responsible for providing to the Contractor the following accommodations only:                                                                 . (If none, write ¡§none.¡¨)

9.  TERM:

þ  The term of this Agreement shall begin on       , 20  , and shall expire on         , 20  .


10. GENERAL PROVISIONS:

a.  All work shall be completed in a professional manner.

b.  In the event Client shall fail to pay any periodic or installment payment due hereunder, Contractor may cease work without breach pending payment or resolution of dispute.

c.  Contractor shall not be liable for any delay due to circumstance beyond its control. For Example: transportation problems, delays in product delivery, inclement weather, acts of God, or other causes beyond Cakes by Mark¡¦s control that make it impossible or impractical for Cakes by Mark¡¦s to perform.

d.  Any changes to this document must be signed by both Contractor and Client.

e.  Neither the Client nor the Contractor may assign this Agreement without prior written consent from the non-assigning party.

f.  This Agreement constitutes the entire agreement between the Client and the Contractor, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

g.  You agree to assume full responsibility for your guests and agree to indemnify and hold Cakes by Mark¡¦s harmless from and against all bodily injury, property damage or consequential damages which may result from Cakes by Mark¡¦s services and provision of your cake.

h.  In the event that you fail to pay Cakes by Mark and collection procedures are initiated, you will be responsible for Cakes by Mark¡¦s reasonable attorney's fees and costs, including on any appeal. Venue for any such action shall be in Licking County, Ohio.

i.  On occasion, Cakes by Mark¡¦s will take photographs of its cakes or may order copies of pictures from your photographer. We reserve the right to use any photographs for our own reference or for display and/or promotion without compensation to you.

Cakes by Mark¡¦s appreciate your willingness to follow these few provisions. They exist to insure that you experience an event day with truly unique cake designs created especially for you and the style of your event.

IN WITNESS WHEREOF the Parties have executed this Agreement on the date first written above.

CLIENT:            CONTRACTOR:

_______________________________    ______________________________
Signature            Signature
_______________________________    ______________________________
Name (please print)          Name (please print)
_______________________________    ______________________________
Title (if applicable)          Title (if applicable)
_______________________________    ______________________________
Date              Date

26 replies
leily Posted 4 May 2006 , 1:41pm
post #2 of

Thanks for sharing! this is definitely a great starting point =)

Leily

CakemanOH Posted 5 May 2006 , 12:33am
post #3 of

I think I got almost everything. I looked and Looked and finally put this together because I thought all the others were too simple.

imartsy Posted 3 Jul 2006 , 7:15pm
post #4 of

Wow just found this and is THAT Detailed! I just scrolled to the bottom & marked it as a topic to watch so I can hopefully find it later when I need it. Thanks so much for sharing!

ps3884 Posted 3 Jul 2006 , 11:11pm
post #5 of

Thanks for sharing. I copied and pasted into a word document for future reference!

sweetbaker Posted 4 Jul 2006 , 3:30pm
post #6 of

Thanks for sharing!

SugarHighCakes Posted 4 Jul 2006 , 3:35pm
post #7 of

Thanks for the information!! a very good reference!

sweetchef Posted 5 Jul 2006 , 3:03am
post #8 of

Question for CakeManOH: What does your contract say about natural disasters? I live in Houston, so we often have floods, hurricanes, etc. What if the stubborn couple decides to go ahead but my company can't get the cake to them (without endangering the driver in high water)? Should I offer a full refund if I've already made the cake?

rezzygirl Posted 5 Jul 2006 , 4:54am
post #9 of

Thanks! This is very helpful.

CNCS Posted 5 Jun 2008 , 8:01pm

You may want to add an addendum...

After delivering and setting up and leaving cake(s) in order. Finding no faults with setting up and leaving cake(s) in hands of

client, no refunds are given in event of cake being touched or destroyed by running and playing children, teens, adults, caterers,

pets, loud music, natural disasters, unlevel floors, moving of furniture, bumped tables resulting in loss of cake, unruly dancing,

champagne corks, sprinkler systems, hot/cold weather, falling ceiling tiles, ceiling fans, window dressings, or persons that dont

know how to disassemble cake for serving.
I no longer will be held responsible of the cake after delivery. Any last minute decisions of moving the cake to another location or

table shall be the clients responsibility.

playingwithsugar Posted 5 Jun 2008 , 8:17pm

letter g - maybe you should add "allergic reactions due to flavors client has chosen"

Theresa icon_smile.gif

jessieb578 Posted 6 Jun 2008 , 3:54pm

CNCS - "unruly dancing" - icon_lol.gif did you have an incident with a cake with that circumstance?? I laughed out loud when I read that!

CNCS Posted 6 Jun 2008 , 4:43pm

YES!!!!

Some jerk thought slam dancing was cool. Nearly took out an elderly gentleman and his date at a friends wedding.

He finally moved on out to the patio and the last I saw of him he was on the tennis court shooting tennis balls at kids on the golf course with one of the clubs tennis ball machines.

johnson6ofus Posted 7 Jun 2008 , 4:47am

I added this in another forum and an unhappy customer about serving sizes...

"Cake servings sizes are estimated. Specialty cakes, carved cakes, method of slicing, and preparation may affect ultimate serving sizes. Customer understands and accepts these terms, and has order their products accordingly after having considered these variables."

beck30 Posted 23 Oct 2008 , 3:22pm

Thank you for this information, I was looking for something for my cakes that arent wedding.

beck30 Posted 23 Oct 2008 , 3:23pm

Thank you for this information, I was looking for something for my cakes that arent wedding.

noyhoward Posted 5 Nov 2008 , 5:01pm

Thanks!

eldag0615 Posted 6 Jan 2009 , 2:23pm

Thank you, thank you thank you icon_smile.gif

alvarezmom Posted 6 Jan 2009 , 2:40pm

Thanks! Looks like you covered everything and BOO to the dancing jerk!

mageliza Posted 17 Jan 2009 , 3:07am

Has anyone used this with their clients yet? Has anyone expressed concern or surprise at all the things that they are responsible for? e.g. the fine print...

Are there any strategies for speaking to your clients reassuring them that the contract is to protect both parties...

bobwonderbuns Posted 17 Jan 2009 , 3:15am

I've just found that the best way to deal with clients is to be right up front with them. No surprises. That way they can't say "I didn't know..." or "You never said..." when it's all spelled out both verbally and in writing. icon_twisted.gif

cylstrial Posted 30 Mar 2009 , 12:07pm
Quote:
Originally Posted by johnson6ofus

I added this in another forum and an unhappy customer about serving sizes...

"Cake servings sizes are estimated. Specialty cakes, carved cakes, method of slicing, and preparation may affect ultimate serving sizes. Customer understands and accepts these terms, and has order their products accordingly after having considered these variables."




I think that's a good thing to put in there!

sugarsugargal Posted 25 Aug 2009 , 11:34am

there is excellent info here, thanks to all who have contributed, i am going to pick and choose bits and bobs for my contract..am going to be working on it over the net couple of weeks. Keep it coming !

thanks again !

cakesweetiecake Posted 25 Aug 2009 , 12:16pm

Thanks for bumping this thread up! Very informative!

costumeczar Posted 25 Aug 2009 , 12:24pm

On the section about cancellations, you say that after two weeks you can't accept cancellations, but what if someone cancels then still expects you to make the cake? I'd just reword or clarify that, since they might want you to make the cake anyway or not, and your idea of a cancellation is that the cake won't be made. (That's what mine would be)

I just rewrote my contract and ended up adding another page to it (it's 4 pages long with a lot of specifics), and I tell people that I think that everything they have qeustions about should be covered in there. I haven't had anyone complain about how strict it is, and I've had at least 4 or 5 bookings since I started using the new format, so I don't think a long contract will affect anyone's decision to book or not. If you present it as "this contract is pretty thorough, and I think that it will answer anything you could think of asking," then people won't question it.

I also have a feeling that even though my contract is fairly strict, most reception venues and other vendors have stricter ones, so it isn't something people haven't seen before! icon_rolleyes.gif

bobwonderbuns Posted 25 Aug 2009 , 12:47pm

Huh, I'm still watching this topic but I'm not getting email notices on it... icon_cry.gif

Angelfire3 Posted 3 Aug 2013 , 1:30am

Thank you for this contract. It's very thorough and covers all the basics. 

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