Disclaimer Contract???

Decorating By ski Updated 1 Jul 2008 , 10:36pm by loriemoms

ski Posted 30 Jun 2008 , 9:06pm
post #1 of 7

Anyone have a template for a disclaimer contract? I have peanut allergy guest for one of my customers and I told her if she signed a disclaimer releasing me from liability i would do the cake. Just not real sure on wording.

6 replies
MaisieBake Posted 30 Jun 2008 , 9:42pm
post #2 of 7

I say this with all respect: ARE YOU CRAZY?

You KNOW this person or one of her guests is allergic. And you KNOW that peanut allergies can be fatal. And your KNOW that neither your facility nor your tools can be guaranteed to be peanut-free.

And you're willing to chance it based on a dislaimer?

Take the disclaimer to court against a dead or severely sick child (or adult). Take the disclaimer to your own conscience against a dead or severely sick child (or adult).

Really, really think hard about what you're asking for here.

Relznik Posted 30 Jun 2008 , 9:58pm
post #3 of 7

Firstly, I have to say that from what I've heard, the 'claim culture' is quite different in the UK to the US.

I've had a few people tell me that they'd like to order a cake, but that someone at the party has nut allergy.

I always explain that whilst I can make a cake that uses no nut ingredients, I do use nuts in my kitchen and whilst I always clean thoroughly, I cannot absolutely guarantee that there is no risk of cross-contamination.

If they're OK with what I've told them (usually they are, I've had one person thank me for my honesty and tell me that they didn't want to risk it), then I usually add something along the following lines to my order form, just above where they sign. I also put it in red print!

"It has been explained to me that whilst no nut ingredients will be used in the making of this cake, nuts are used on the premises".

Hope this helps.

Suzanne

CakeDiva73 Posted 30 Jun 2008 , 10:14pm
post #4 of 7

I tell all my customers that I do not bake using nuts but that because nuts are present in my kitchen, anyone with peanut allergies should be aware. I would not consider anything I make to be peanut-allergy safe.

I have some different feelings about this, however. I feel like the people with the nut allergies need to ask the questions and be responsible for what they put in their mouths.

Please understand - I don't mean to sound harsh. I have no allergies and cannot begin to fathom what an unholy nightmare it must be to have fatal peanut allergies (or worse, a child with them) and have to deal with eating out, or just food in general. Honestly, how do they do it?

I just think that as cake decorators, if someone with fatal peanut allergies eats cake (potentially made using peanut oil or having touched peanut butter, etc) how are we held responsible? But in the world we live in, I have to agree with the person who said they doubt the contract would 'hold up' in court.

Aliwis000 Posted 30 Jun 2008 , 10:29pm
post #5 of 7

Its my understanding that a disclaimer does not just get you out of anything and everything. Even when you go skydiving they make you sign one. But I think that only releases the sky diving place for injuries you may get that are things you might expect, bruises bumps etc. However if you die that does not mean you cant sue because they didnt pack your shoot right. Its a totally different thing. A disclamier does not mean you are safe. I would contact a lawyer, or just not do it.

JMP
Alicia

ski Posted 1 Jul 2008 , 4:48pm
post #6 of 7

Thanks for the reponses. It is always risky with cakes and allergies. I have made the client aware that all measures have been taken to eliminate nut products however, I can't guarantee 100 %. The "child" is 16 so hopefully he has the sense not to risk it either. I just wasn't sure at how to go about such things. No offense taken Maise

loriemoms Posted 1 Jul 2008 , 10:36pm
post #7 of 7

I get a lot of request for peanut free cake and I tell them simply I don't offer anything gluten free, wheat free, milk free, nut free..all my cakes are full of all these things! I don't want to mess with it.

As far as disclaimers, I would check with a lawyer if you post a disclaimer if you can get sued. I see signs all the time in places that say we use nuts in our products. I don't know if its a warning or a disclaimer. I know there was a recent law suit against Mcdonalds because they use milk and wheat in their french fries. (really!) and it made someone sick. So I guess we are going to see signs everywhere that says our products contain milk, wheat, eggs, butter, and other products.

I know there is a big group of people who are trying to get airlines to stop serving peanuts inflight. Apparently even just the smell of peanuts can make someone very sick. So these nut allergies just scare me too much!

Quote by @%username% on %date%

%body%