I have a couple questions about cake contracts. I have a very simple, bare bones contract that basically covers me getting paid. Every time I make a cake and something bad happens (for example, the bride sticks a 2 lb. cake topper on the cake after I've left and it crushes the cake like last weekend) I think that I need to put some more CYA type stuff in the contract to a) prevent the blame for dumb stuff being placed on me, and b) prevent the dumb stuff from happening in the first place. I was wondering if some of you with contracts would tell me what areas the contract covers and if you had yours professionally drawn up. My husband's employer offers free legal services for his family, so I might end up going that route if it's necessary.
So far, in my attempt to draw up my own contract, I have paragraphs that cover delivery charges, "Acts of God" and unforeseeable accidents during delivery, cancellation, changes to the cake order, payment schedule, cake pick-up by the purchaser, unauthorized additions to the cake (as in the cake topper or fresh flowers), and proper storage (refrigeration, no direct sunlight, etc.).
Can you tell me what I'm missing and anything else that might help me? Thanks a ton.
Might want to add the allergy thing in there. Otherwise, I think you just about hit everything that is in mine. I will dig it up and take a look at mine. If I think of anything else, I will let you know.
- who is responsible for providing florals (silk or real?) for the cake.
- sole provider of cake clause (liability issues and reputation protection)
- "My responsibility ends....." clause
- I also have a section citing such examples as DJ speakers being too close, table being bumped or moved, etc.
- Payment schedule and methods of payment accepted.
- "All applicable taxes, federal, state and local, are in addition to the quoted price"
- Bank fees for bounced checks
If you have access to a free attorney....DO IT!!! Take your draft in there and have them look it over. What you write down may sound good, but it may not be written in proper legal-ese to stand up in court. The attorney, who is versed in lots of different contracts, will know what standard items you need in there.
If you have a free attorney, there is no excuse for not having an attorney approved contract.
Thanks indydebi and armywifebryan. It's amazing how many things we need to consider. So, do you think I should just draw it up in layman's terms and then let the lawyer go at it in legal-ese?
If you go onto cakeboss.com they have a generic contract that has a lot of the things that you mention already in it. All you have to do is add your company name in the appropriate places.
If I had access to free legal advice, that is exactly what I would do. They could probably draw you up a contract without anything to go on, but it would make it a lot easier if you had something for them to start with. Cover everything that you know you want to include and ask them if they know of any additional info that they think should be included as well. Good luck!
I cover my bases, like I am not responsible for anything that happens to the cake once I have left the venue..this includes guests, other vendors, acts of god, etc. I also have a repair clause in there for how much I will charge to come back and repair the cake.
I have a tempature clause in there and I had a venue tell me a couple of weeks ago that the bride showed that to her and she was very impressed! (the room cannot be warmer then 74 degrees or I am not responsible) She told the bride I know what I am doing! hahahaha!
(just took one melted cake and I put that in there!)
I agree though, if you have a free lawyer, go for it!!!!