Final Draft Of Contract (Let Me Know If Its Ok?)

Business By Jayde Updated 10 Jul 2008 , 2:33am by sari66

Jayde Posted 8 Jul 2008 , 11:18pm
post #1 of 6

Ok I just want to make sure that I have covered all of my bases. This is the contract that is at the end of all of the decorating and contact information. 1.) I want to know if it sounds professional yet casual and 2.) I want to make sure that I have covered every instance.

This is just for b-day/shower/every day cakes. My wedding contract is much more in depth. Sorry its so long.



Please Review the below policies before signing.

Changes and Cancellations

Changes â Changes of a reasonable nature to your order may be made up to 2 weeks prior to the event. Additional costs may be incurred depending on the nature of the changes. If able, I will accommodate any changes you request including, but not limited to flavors, shapes, and decorations. In such an event, we will complete and sign a âChange Order Contractâ that will describe the changes and include any additional charges.

Cancellation Policy - If you notify us of a cancellation at least 2 weeks prior to the event, you will be refunded half of your deposit. No refunds will be given after that date. However I would appreciate you giving as much notice as possible, and if I am able to re-book your date, I will apply the amount of your un-refunded deposit to a future event.

My Obligation - I take my obligation to provide you with a cake as agreed in this contract very seriously. However, should an unforeseeable event occur which prevents me from fulfilling my obligation and I must cancel my agreement with you, I will refund your payment in-full. I will also inform you at least 2 weeks in advance.

Liability for Mistakes â While I will make every effort to provide exactly the flavors, fillings, decorations, sizes, shapes and colors you have requested, the creation of a specialty cake is an art and may be subject to slight variations and/or errors by the creator(s). Any issues with the final product must be brought to my attention within 24 hours for a partial refund.

Photographs of Your Cake â I reserve the right to take and use my own photos of your cake(s) to use for marketing and promotional purposes, including advertising and promotion, without compensation to you.

Delivery or Pick Up

Delivery - I am happy to deliver your cake. I do not charge extra to deliver your cake to St. Louis County, or the upper Jefferson County areas. Due to the rising prices of gasoline, I reserve the right to add an additional fee to deliver your cake outside of those areas.

Customer Pick-Up- I will not be responsible for damages to your cake once it leaves my facility. If you are managing the delivery yourself, I recommend the cake be placed on a flat surface in your vehicle rather than the trunk or angled seats. SUVâs with seats folded down flat and allowing air conditioning to flow to the cake would be best. Placing a non-slip mat on the surface where the cake will be placed may help prevent sliding. Remember, the speed you go is not so much the issue. Braking and taking the corners at that speed is. Never have someone hold the cake in his/her lap. Please keep the cake cool and away from the sun to prevent softening and melting.

5 replies
JoAnnB Posted 9 Jul 2008 , 2:58am
post #2 of 6

It is a bit unusual to have a contract for most cake orders. I only use them for major cakes.

Everyone else pays cash in advance of deliver/pick up.

KASCARLETT Posted 9 Jul 2008 , 1:06pm
post #3 of 6

On the Obligation part, how do you know that an "unforeseen event" will happen 2 weeks prior? What about a family emergency that may happen the day of? I would change that to say you would let them know immediately upon an unforeseen even that would prevent you from fulfilling your obligation.

Your Liability for Mistake clause probably needs to be reworded if not taken out completely. I'd probably say something like all mistakes need to be reported immediately after the cake has been delivered to the customer, either by delivery or by pickup. Leaving it like it is (IMO) is just leaving the door open for people to call and complain 24 hr afterwards and then you have no proof of anything. And maybe you should require pictures (if it is the decorating) and/or the uneaten cake (if it was something wrong with the texture)

indydebi Posted 9 Jul 2008 , 10:33pm
post #4 of 6

Any contract should have an attorney's stamp of approval on it. We laymen may not know how a word or a phrase may completely change what we wanted to say in a court of law. Your attorney will also be sure to look out for ALL of your interests and make sure you are protected.

So unless you are using a contract from a valid source (i.e. websites that offer attorney approved contracts for your use), I'd get an attorney to draw one up.

And you're missing all communications on payments, schedule of payments, missing payments, etc.

sari66 Posted 10 Jul 2008 , 2:25am
post #5 of 6

I agree that your liability part needs to be rewritten are you going to always give a refund for even the smallest things? It sounds that way to Me.
Do you need a cake contract for party cakes? Did you have a bad experience and feel that one is needed?
Like Debi said have a lawyer help you

sari66 Posted 10 Jul 2008 , 2:33am
post #6 of 6

I agree that your liability part needs to be rewritten are you going to always give a refund for even the smallest things? It sounds that way to Me.
Do you need a cake contract for party cakes? Did you have a bad experience and feel that one is needed?
Like Debi said have a lawyer help you

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