I was actually just trying to figure this all out when I stumbled upon this thread. I just had a bride contact me - she wants a cake mainly for looks (and for her bridal party to eat- weird, I know) but she informed me that the guests would be served sheet cakes provided by the venue. If the sheet cakes taste terrible, the guests are going to assume that I made it. I like the idea of labeling, but in this case I'm not sure how that would work. Any thoughts? I'm hoping that I can just convince her to get the full size cake to begin with and not have to worry about it. We'll see!
I want to make sure I'm understanding the lawsuit thing correctly - if there are two vendors at the event, let's say I'm doing a cake, and someone else is doing cupcakes, it puts me at risk incase the cupcakes are tainted because there's not really a way to prove that it wasn't my cake that was tainted - is that correct?
So even labeling each product with the business name wouldn't deter that. Right? The labeling just prevents a guest from thinking that the less-than-par cupcakes (let's say) didn't come from me, which could look bad on my part. I think that's a great way to avoid any confusion with the products, but doesn't solve any potential lawsuit issue.
I think that's a great way to avoid any confusion with the products, but doesn't solve any potential lawsuit issue.
Labeling addresses the reputation issue, not the lawsuit issue. Unless you provide all the food (including culinary) at the event, there is no way to avoid a potential lawsuit caused by something someone else made. For that matter, even if you do provide all the food, there could potentially be contamination from some other source (i.e. a guest or someone handling your food at the venue).
Neither a strict sole source clause nor labeling will prevent lawsuits -- but if you are operating legally, passed inspection, taken food safety courses, and have liability insurance, you are pretty well protected in case you are sued. And when there is a contamination issue, the vast majority of the time the culprit is culinary, not pastry.
I was actually just trying to figure this all out when I stumbled upon this thread. I just had a bride contact me - she wants a cake mainly for looks (and for her bridal party to eat- weird, I know) but she informed me that the guests would be served sheet cakes provided by the venue. If the sheet cakes taste terrible, the guests are going to assume that I made it. I like the idea of labeling, but in this case I'm not sure how that would work. Any thoughts? I'm hoping that I can just convince her to get the full size cake to begin with and not have to worry about it. We'll see!
That's a more difficult situation...if you can't convince the customer to order the kitchen cake from you, maybe you could sample the venue's cake to see if it is up to your standards. If the venue is reputable (and not competing on price) the cake will probably be good enough that you don't have to worry. How much will the customer be saving by going with the venue cake? If the cake is bundled you will have a tougher sell.
That said, if you have an easy time getting booked in advance and you don't really need the order, you can probably go ahead with an all-or-nothing offer.
Would I turn down a $1000 cake if I didn't also get the $200 groom's cake? yes Because my reputation is on the line and that's worth more than $1000. All I need is for aunty to make a cake, not wash her hands, spread a little e coli around and I get blamed for it. Nope. No way do I allow another cake in an event where I'm doing one.
Drives biz away? That's not been my experience. Sole provider is on my website and a separate clause in my contract that requires a separate initial to make sure the customer understands what it says and why it's there. The response i always get, is yes I understand, you're a professional and this is your business.
I'm serious about my business and teach people to treat me as a professional.
This is exactly why I have a sole source requirement in my contracts. I wish it didn't have to be this way, but it does. Also, as other PP have suggested, I don't want my cake associated with any other baked goods served in the event that the others are crappy.
I want to make sure I'm understanding the lawsuit thing correctly - if there are two vendors at the event, let's say I'm doing a cake, and someone else is doing cupcakes, it puts me at risk incase the cupcakes are tainted because there's not really a way to prove that it wasn't my cake that was tainted - is that correct?
So even labeling each product with the business name wouldn't deter that. Right? The labeling just prevents a guest from thinking that the less-than-par cupcakes (let's say) didn't come from me, which could look bad on my part. I think that's a great way to avoid any confusion with the products, but doesn't solve any potential lawsuit issue.
I am far from the expert on CC with regards to this, but yes, I believe you have summed up both issues correctly.
So what do you do when you deliver the cake and there are other cakes/cupcakes there anyway? This just happened to me last weekend with a baby shower.
I put my cake on the display table and over on the other table there was a cupcake tower. The hostess saw me look at them and said Sorry--we didn't know exactly how many people were coming so we made cupcakes...
At that point what kind of solution is there? Take your cake and run? The party was starting in 1/2 hour and the cake had been paid for 3 weeks ago.
As long as your contract clearly states NO OTHER dessert--including cakes, cupcakes-- to be at the party, THEN you have EVERY RIGHT to remove your cake.
The hostess may then decide to remove those cupcakes! 
And if not, then there is a cake going buh-bye!
So what do you do when you deliver the cake and there are other cakes/cupcakes there anyway? This just happened to me last weekend with a baby shower.
I put my cake on the display table and over on the other table there was a cupcake tower. The hostess saw me look at them and said Sorry--we didn't know exactly how many people were coming so we made cupcakes...
At that point what kind of solution is there? Take your cake and run? The party was starting in 1/2 hour and the cake had been paid for 3 weeks ago.
As long as your contract clearly states NO OTHER dessert--including cakes, cupcakes-- to be at the party, THEN you have EVERY RIGHT to remove your cake.
The hostess may then decide to remove those cupcakes!
And if not, then there is a cake going buh-bye!
Thankfully I have not been put in this situation, and I really hope I never will be.
As long as your contract clearly states NO OTHER dessert--including cakes, cupcakes-- to be at the party, THEN you have EVERY RIGHT to remove your cake.
The hostess may then decide to remove those cupcakes!
And if not, then there is a cake going buh-bye!
Unfortunately, after the cake went buh-bye, your reputation would quickly follow.
As long as your contract clearly states NO OTHER dessert--including cakes, cupcakes-- to be at the party, THEN you have EVERY RIGHT to remove your cake.
The hostess may then decide to remove those cupcakes!
And if not, then there is a cake going buh-bye!Unfortunately, after the cake went buh-bye, your reputation would quickly follow.
A thousand-dollar cake is not worth spending tens of thousands in legal fees when someone else gets sick off another product. I stand by this very firmly. Reputation stands firm, too.
As long as your contract clearly states NO OTHER dessert--including cakes, cupcakes-- to be at the party, THEN you have EVERY RIGHT to remove your cake.
The hostess may then decide to remove those cupcakes!
And if not, then there is a cake going buh-bye!Unfortunately, after the cake went buh-bye, your reputation would quickly follow.
A thousand-dollar cake is not worth spending tens of thousands in legal fees when someone else gets sick off another product. I stand by this very firmly. Reputation stands firm, too.
Every time you serve a cake you face that risk, but that's why you carry liability insurance. As stated before, a sole source clause won't help you much from the food poisoning perspective, since most cases come from the catered food, not cake.
If you are an established baker your reputation would probably survive, but for someone starting out, pulling your cake and having the customer trash you in reviews (because you know they will) could be devastating.
Jason_kraft, just curious. What does YOUR company do when there is another baked item at the event that is not gluten/dairy/etc free? Do you still leave your cake there? If someone eats the other item, believing it is gluten-free, then gets sick, what happens to your reputation? Or perhaps you've never encounted that? This is not to point a finger, just wondering out loud.
We specifically allow other cakes at the event, and we bring tent cards to label each cake so people know which one is which.
His whole family ate it and all got very sick yet the lady was 'responsible' because she was in charge! I never understood the why's and wherefore's of this. 1) the affair was over; 2) the food had been left behind because no one remembered who brought it. 3) It *must* have smelled bad because it had not been refrigerated not only during the affair, but the janitor (as I remember) didn't put it in the frig overnight! 3) the woman in charge didn't make or bring this dish.
As I recall the story (that I've repeated many MANY times to brides to illustrate why we had to have that clause), the judge determined that regardless of the fact that the potato salad was brought in by a family member, the caterer on site was the food expert. She wasn't found 'guilty' because she brought the tainted food .... she was found 'guilty' because as the "professional", she should have made sure proper food handling was observed and the foods were put away and/or disposed of properly.
I kind of parallel it to when my kid has friends over. No, they're not MY kids, but as the adult on site, I have a responsibility to make sure they are not doing any improper behavior while in my home.
And remember .... if it comes down to suing Aunt Sally for her tainted cream cheese icing cupcakes .... or suing the cake lady who they paid for cake..... guess who they are going to sue? It sure ain't gonna be Aunt Sally 'coz THAT would make for some uncomfortable thanksgiving dinners. The cake lady? Heck, they're never going to see her again, so dont' worry about it! (And add that famous mindset of "The cake lady isn't paying it .... her insurance company is!") 
People will sue for anything ... as evidenced by my caterer friend who was sued for a complete refund because mom saw 3 grapes on the floor under the buffet table.
Great! I do like that idea of the tent cards.
I have seen tent cards out like that and have actually wanted to "try" a bite of the product just to "see what it was like". Most times, it was *exactly* what I thought it was!
We usually supply tent cards for our cake at large events even when we are the only cake there...people with severe food allergies (myself included) know that anything without an ingredients label is unsafe until proven otherwise.
We are just seeing the devastating effect of social networking when a customer has a bad experience with a business. It used to be the a small group of people would know if a cake was pulled from a wedding. Now it could wreak havoc for years. There are many cases where one person has brought a national company to their knees. It wouldn't take much to hurt a small company. And to state that your company would not suffer from pulling a cake on the wedding day is simply not true. We can all figure that one out.
Be very careful before you pull a cake on a wedding day. What worked in the past will not work in today's market. I don't think this is good advice.
There are three groups of consumers for this. One group will understand. The next will move on and get another baker. The next will do what they want behind your back. Most people will honor a contract. I personally would move on because our family caters all weddings and the cake is brought in (until I stared making the cakes). We bring other desserts too. I would not be mad because of the clause. I just would not break tradition. We are all accomplished cooks and love to plan wedding food. The third are the same group that disregard rules, contracts, laws... they won't lose any sleep because you didn't know they had more dessert and they won't care if you get sued.
My website and my contract CLEARLY state that my cakes are to served exclusively - and if I see another cake at the venue when I deliver, I will take my cake and leave and they forfeit the money they paid.
Will my hard-@$$ stance cost me some business? Maybe. Do I care? Nope. I am sure I also lose business because I charge more than some people want to pay - that doesn't mean I'm going to change my prices (or my policies) just to gain more business. Not worth it to me.
As for cards in front of the cake or other items, most brides will not like this... as it's seen as advertising. I surely wouldn't want anyone setting out their business cards - and a "label" with the business name is really still just a business card.
Will my hard-@$$ stance cost me some business? Maybe. Do I care? Nope. I am sure I also lose business because I charge more than some people want to pay - that doesn't mean I'm going to change my prices (or my policies) just to gain more business.
There's a big difference between your business having a reputation for high prices and your business having a reputation for delivering a product and taking it back at the last minute. It's within your rights to enforce your contract in this respect, but don't forget that when the customer tells the story (and you can be sure they will) they probably won't mention your sole source clause.
As for cards in front of the cake or other items, most brides will not like this... as it's seen as advertising. I surely wouldn't want anyone setting out their business cards - and a "label" with the business name is really still just a business card.
In our experience most brides actually love the tent cards, and just like the cake the tent cards are designed according to the bride's specifications (with the stipulation that our business name and allergy info must be there). It's a great value-added item that very few other bakeries offer, and it costs us virtually nothing.
In YOUR experience they love the cards - but you bake for people with allergies, right? So of course they would appreciate the product labeling. However, the rest of the population may likely see it as advertising and akin to leaving your business cards next to the cake - which just looks tacky.
As for what kind of reputation I get, I guess that's my problem, right? And since I make it VERY clear that I am to be the only baker at a venue - I've never had to take a cake away, they know upfront what will happen if they bring in baked goods from other sources. And since I've never had a cake wreck, all my cakes are delivered as ordered and on time, and I've NEVER had a SINGLE complaint... I'm willing to bet my reputation could take any possible damage from removing a cake if the bride violated the terms of our contract.
In YOUR experience they love the cards - but you bake for people with allergies, right?
Most of our business comes from people with allergies (or people with kids who have allergies) but we do get quite a bit of word of mouth and get a good number of customers with no allergies at all, they just like our work.
So of course they would appreciate the product labeling. However, the rest of the population may likely see it as advertising and akin to leaving your business cards next to the cake - which just looks tacky.
I agree that leaving business cards next to the cake is tacky, but that's not what we do. The tent cards are incorporated as a design element into the wedding, and even customers with no allergies like them, since they fit in with the theme of the event.
I'm willing to bet my reputation could take any possible damage from removing a cake if the bride violated the terms of our contract.
Perhaps, but it's still a very damaging event to have on your record, far more damaging than the alternative of leaving the cake there with proper labeling. I wouldn't be surprised if a baker who tried this would end up blacklisted by the venue and the wedding planner. Looking objectively at the risks and benefits of each course of action, it's difficult to argue that abandoning the customer is the best thing to do for your business.
You're making assumptions in an effort to suggest that my way of doing business is wrong. Pretty rude...
In my opinion, it would be far more damaging to my reputation to supply a cake that fell, or was not what was ordered - as that would be MY fault. But for the customer to lose out on a cake due to THEM violating a signed contract doesn't seem like a big risk to me.
And on that note, I'm done arguing with you. It seems every time I disagree with you, the thread magically disappears. Seems someone has a habit of running to mods.
You're making assumptions in an effort to suggest that my way of doing business is wrong.
I've reread my posts and didn't see any evidence of this, which points are you specifically referring to?
In my opinion, it would be far more damaging to my reputation to supply a cake that fell, or was not what was ordered - as that would be MY fault. But for the customer to lose out on a cake due to THEM violating a signed contract doesn't seem like a big risk to me.
I agree that delivering a cake that falls is probably the most damaging to your reputation. But if you look at it from the bride's perspective -- if you show up with a beautiful cake only to take it away at the last minute that bride will remember you and your business for the rest of her life. So it may not be as damaging as delivering a cake that falls (that's not really the issue here), but it's certainly more damaging than leaving the cake at the venue correctly labeled.
It seems every time I disagree with you, the thread magically disappears. Seems someone has a habit of running to mods.
You would be mistaken. This is getting OT, but I disagree with the mod's policy of locking threads with heated on-topic discussions (although of course it's their right to do so).
BTW I have a new policy to prevent threads from getting cluttered...I'll reply to your posts on a specific topic once in the thread but future replies will be done via private message.
I agree with Jason. If the bride would like, I have a very nice card made up to fit a small silver frame. The feature of the card is a description of the flavors. This is interesting for the guests to decide favorite cake flavors and to alert for allergies. The business name is small at the bottom in regular print, "Provided By (Bakery Name)". This is not an ad by any means, but a courtesy to guests.
I just received an email this evening. The vegan wedding cake (my first) was so well liked, it was preferred over the non-vegan cupcakes. People talk at weddings... who was the caterer, photographer, bakery. People are not as in the dark as you think. And if two desserts are served so differently liked, no one would think it was the same bakery. Another issue not brought up... I am an accomplished baker, but I don't assume that no one can do better. That other baked good just may be better.
I don't care what any other business does. This debate is not a contest with a winner or loser. We are just stating our policies to learn from each other. Jason is not the one who argues. He just states logical facts. There will be negative fallout for pulling a cake and your policy will not be addressed.
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