BakedCT Posted 26 Nov 2013 , 5:02am
post #1 of

AHi

Can anyone send me a sample of a non disclosure agreement. I started my cake shop from scratch and hired a new employee so I want to make sure that at the end of the day all my hard work I put in doesnt get destroyed. She does the baking for me and I have certain signature swirl that all my customers want to know which icing tip do I use.

So I just want to safe guard myself.

Thanks

23 replies
jason_kraft Posted 26 Nov 2013 , 6:32am
post #2 of

AHow would you enforce the NDA?

MimiFix Posted 26 Nov 2013 , 6:38pm
post #3 of

Is your swirl that special? Maybe you need a patent. :wink: 

AnnieCahill Posted 26 Nov 2013 , 6:43pm
post #4 of

NDA on a swirl?  That is the last of your worries.  If she's the one doing the baking then that is what you need to be watching carefully.  Anyone can decorate like anyone else. 

 

I'd like to see this swirl!

Norasmom Posted 26 Nov 2013 , 6:47pm
post #5 of

I want to see the swirl too!!

 

But if she shows us the swirl it will be copied…

AnnieCahill Posted 26 Nov 2013 , 7:02pm
post #6 of

If she shows us, she has to kill us....

MimiFix Posted 26 Nov 2013 , 7:02pm
post #7 of

Don't show it until you get a patent. Norasmom is right, these CC members will copy anything. 

AnnieCahill Posted 26 Nov 2013 , 7:08pm
post #8 of

Yeah I heard Mimi just got a Boston Terrier with a red collar.  Sheesh...

MimiFix Posted 26 Nov 2013 , 7:13pm
post #9 of

Yup, I'm the epitome of a good CC member.

MBalaska Posted 26 Nov 2013 , 10:54pm

BakedCT:  ‘Safe Guarding’ yourself is just good sense……….

However in most states it’s against the law for individuals and business to practice law or give legal advice without a license.

 

Unauthorized practice of law, is a crime punishable by a misdemeanor conviction in CA.  All State Bar Associations get complaints on a regular basis, and they investigate and put an immediate stop to it.

 

Seriously, the folks here can share their bakery wisdom and experience but when you delve into actual business, law, taxes, licensing…… please consult legitimate government sanctioned certified Attorneys at Law, Tax Specialists, Business Management Consultants, and Certified Public Accountants in your location.

 

There are several legitimate business operators on this website who are teachers and published authors.  They give solid helpful business information.   Their publications have been thoroughly researched and edited.  May I recommend that you look into purchasing a few of those for guidance.

 

Although possibly meant in the kindest of intentions, even if you apply the counsel of the well meaning ( albeit often anonymous free hobby ) website advice;  only you will be held in criminal or civil liable for any actions you take.  Safe Guard Yourself.

mb

Paperfishies Posted 27 Nov 2013 , 8:34pm

I want to see the swirl!!!

texas_mom Posted 27 Nov 2013 , 9:12pm

I am surprised that you would try to apply a NDA to a swirl...I am sure there are bakers that have done it many a times somewhere,  also how would you stop a baker from buying your product and than using the  swirl on their next order...we all learn from each other and apply what we see from  the cake galleries...I am not trying to be mean but I don't see how you can keep the swirl from being copied...I would be more worried about the cake recipes and your secret ingredients.

morganchampagne Posted 27 Nov 2013 , 10:12pm

AI have no other piece of advice other than there's rarely something new under the sun. You know dc cupcakes swirl? Yeah my grams taught me that when I was 11. Years before they opened. And anyways you'd be surprised how little people care about swirls. I wouldn't worry

MBalaska Posted 27 Nov 2013 , 10:23pm
Quote:
Originally Posted by texas_mom 
 

I am surprised that you would try to apply a NDA to a swirl...I am sure there are bakers that have done it many a times somewhere,  also how would you stop a baker from buying your product and than using the  swirl on their next order...we all learn from each other and apply what we see from  the cake galleries...I am not trying to be mean but I don't see how you can keep the swirl from being copied...I would be more worried about the cake recipes and your secret ingredients.

Exactly.

Imagine knowing the KFC, or CocaCola recipe. How much money have inventors and corporations  spent on attorneys keeping their multi-billion dollar recipes secret. People have developed some very unrealistic beliefs about what the law is and how it is applied. Business law is nothing to mess with.

 

{ ps: How could anyone attempt to protect the use of something that they did not even invent. Five minutes with an attorney and the $500 bill that follows will put a dent in that idea.  Sometimes that reality check is required. Free legal advise dispensed on the internet by 'civilians' is questionable at best. I don't think you sound mean, you sound intelligent.}

Smckinney07 Posted 27 Nov 2013 , 10:44pm

A

Original message sent by morganchampagne

I have no other piece of advice other than there's rarely something new under the sun. And anyways you'd be surprised how little people care about swirls. I wouldn't worry

Original message sent by texas_mom

I would be more worried about the cake recipes and your secret ingredients.

kakeladi Posted 27 Nov 2013 , 10:56pm

I haven't read all the replies b ut let me tell you what I ran into when I bought a bakery and had such a clause.  It is up to *you* to police it and since I was new in town I had no way to get the rproof needed to stop it.  Such clauses won't really help you at all :(

costumeczar Posted 27 Nov 2013 , 11:58pm

Some states don't even allow non-disclosure contracts, so I agree with the advice about checking with an attorney to see if it's even worth your time to go to all that trouble.

 

And if you didn't invent the specific icing tip that you use to make the signature swirl, you can't protect against someone else using it. All people need to do is try a bunch of tips before they figure it out. The recipes are much more of a risk if she's doing your baking and has that information.

BakedCT Posted 15 Dec 2013 , 6:39am

AI think everyone has the wrong idea about my original post. Im not trying to NDA a swirl! I was talking about thw business as a whole with regards to recipes.

costumeczar Posted 15 Dec 2013 , 2:03pm

Quote:

Originally Posted by BakedCT 

I think everyone has the wrong idea about my original post. Im not trying to NDA a swirl! I was talking about thw business as a whole with regards to recipes.

Since you said this: "She does the baking for me and I have certain signature swirl that all my customers want to know which icing tip do I use.

So I just want to safe guard myself."

 

You can see why we thought you were including a swirl in your secrets.

 

the easiest thing to do to prevent employees from knowing your fomulas is to prep the dry ingredients yourself and let them do the wet part when they make the batters. That way they'll never have the whole thing.
 

howsweet Posted 15 Dec 2013 , 6:08pm

AI can't believe someone who has an up an running shop would be stupid enough to believe any info on this forum is legal advice and don't understand the point of explaining that with lots of words including punishment and what the state bars will do.

And a noncompete that is NOT enforceable can still be very useful . I can't fathom the attacks on the OP if she wants to include her swirl.

OP, as it was pointed out, most people here are not business people.

Godot Posted 15 Dec 2013 , 6:12pm

AI wanna see the swirl.

jason_kraft Posted 15 Dec 2013 , 9:19pm

A

Original message sent by howsweet

I can't believe someone who has an up an running shop would be stupid enough to believe any info on this forum is legal advice and don't understand the point of explaining that with lots of words including punishment and what the state bars will do.

Can you explain what you mean by this?

Godot Posted 15 Dec 2013 , 9:23pm

A

Original message sent by howsweet

I can't believe someone who has an up an running shop would be stupid enough to believe any info on this forum is legal advice and don't understand the point of explaining that with lots of words including punishment and what the state bars will do.

I can believe it. We see stupid here on CC all day, every day.

liz at sugar Posted 15 Dec 2013 , 9:52pm

I sure want to see the swirl, too.  But given some of the very dense customers out there in the world, it would AMAZE me if one asked me what tip I used to put a swirl on a cupcake.  That implies they know how a piping bag operates, and that the tip shape is what creates the design in what is piped.  Didn't everyone read about the customer who asked the baker how they kept the Barbie dolls on their cake from melting in the oven?

 

Liz

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