Liability Waiver

Business By FH_Cakes Updated 23 Dec 2013 , 12:01am by costumeczar

FH_Cakes Posted 8 Mar 2010 , 12:19am
post #1 of 4

Can anyone share with me a copy of a Liability Waiver. I am looking for something that states I am not responsible for any damage or illness when the cake leaves my hands. Thanks!

3 replies
Galler Posted 8 Mar 2010 , 12:49am
post #2 of 4

This is one someone sent me:


FOOD ALLERGIES AND FLOWERS:
You acknowledge that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants. Due to this, _______ will not place fresh flowers on the cake. All of _______ cakes, fillings, and frostings may contain or come into contact with soy, wheat, dairy or nuts. You acknowledge that you are responsible for informing your guests of this allergy information.

PAYMENT:
A non-refundable $50.00 deposit to hold your event date is required no later than one week after booking the event date. The full amount of the cake balance is due two weeks before your event. Payment made before the two week deadline may be made in the form or cash, check, or paypal. If your check bounces, you are responsible for all fees incurred by _______ and may have your order cancelled. If payment is not made in full by the due date, two weeks before the event date, NO cake will be made and your order will be cancelled. Serving plates and cutlery are not included in the price of the cake, and will not be provided by _______.

CANCELLATION POLICY:
Should you cancel your cake order before full payment has been made, the deposit to hold your date is non-refundable. Should you cancel your cake order after payment has been made and production has begun, you will be refunded your money, less the cost of all supplies already purchased, expenses incurred, and the deposit for the date. If you cancel your cake order within 2 weeks of the event date no money shall be refunded.

CHANGES TO THE CAKE:
The final cake design is due at least one month before your event . There shall be no changes to the design of the cake within three weeks of the event date. Any changes after full payment is made are subject to a change in price and possible fees which must be paid prior to the event by cash or check. All changes are subject to availability.

QUALITY CONTROL:
NO cake from another vendor is permitted to be served at an event where _______ cake is served. Violation of this policy could mean forfeiture of the cake and all monies paid at no compensation to the purchaser.

LIABILITY:
You agree to assume full responsibility for your event guests and agree to indemnify and hold _______ harmless from and against all bodily injury, property damage or consequential damages which may result from _______ services and provision of your event cake. We are not responsible for any damage to the cake, or shortage of cake, caused by a guest, caterer, or any other person not employed by _______. We are also not responsible for your not having an event cake supplied by _______ if you fail to complete all payments and deposits required prior to the event by the deadlines. If payment is not made in full by at least two weeks before the event date, NO cake will be made and your order will be cancelled.


ATTORNEY'S FEES:
In the event that you fail to pay _______ all or part of the amount due, and collection procedures are initiated, you will be responsible for _______ reasonable attorney's fees and costs, including on any appeal. Venue for any such action shall be in Fairfax County, VA. If you initiate court procedures and _______ is found not at fault in the case, you will be responsible for _______ reasonable attorney's fees and costs, including on any appeal.

ACTS OF GOD:
_______ obligation to perform will be modified to the extent necessary based on transportation problems, delays in product delivery, inclement weather, acts of God, illness, or other causes beyond _______ control that make it impossible or impractical for _______ to perform. Should you choose to have your cake setup outdoors, we are not responsible for what happens to it, be it weather, insect, or animal.

DELIVERY:
Delivery and set up is $10.00 within a 15 mile radius of _______. Outside of the 15 mile radius we can deliver and set up for a fee of $30.00. It is your responsibility to ensure that the event location is open and available for set up at the appointed time. Should we have to wait at the site for the event location to be opened, you will be billed for the time at an hourly rate of $15 per hour. _______ is not responsible for anything that may happen to the cake after we have delivered and set it up at the event location. If the customer elects to pick up and set up the cake, he or she assumes all liability for the integrity of the cake once it passes into his/her possession.

USE OF PHOTOGRAPHS:
_______ may 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 your consent or compensation to you.


I understand and agree to the above charges and conditions.

Shona-Kay Posted 22 Dec 2013 , 8:36pm
post #3 of 4

thank you soooooooo much

costumeczar Posted 23 Dec 2013 , 12:01am
post #4 of 4

Make sure that anything you get a client to sign is legal in your area. If the language isn't right and something did go to court it could be thrown out and you'd be back to square one.

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