Ok, so I recently agreed to do a "favor" for a local venue that I have a great relationship with. Not a "real" favor, a paid one. I agreed to do a wedding for new year's eve even though I am already booked.
At the tasting I discovered that the groom is a lawyer (moving swiftly towards retirement age, so he's a GOOD lawyer.)
He seemed nice but slightly condescending. For example, when I went to get my calculator that I had left on my other desk he joked that if "you have to use a calculator, maybe we're at the wrong place!" I joked back that I could charge him $800 for a $360 cake if he'd like to trust my calculations!!! (he got quiet after that)
Anyway, they took the contract home to "look it over" and now I get an email back saying he wants to make changes. 2 of the 3 changes are perfectly fine with me regarding design. However, one of them I believe changes the WHOLE tone of the contract.
Now, my contract is standardized. Everyone signs the same contract, and then we do a separate quote and design form with a sketch, flavors, details, etc. So he is asking to change a standard contract that I have never had a problem with.
My contract says, The Client assumes full responsibility for the guests and agrees to hold Cakescapes harmless from and against all bodily injury, property damage or consequential damages which may result from Cakescapes’ services and provision of the cake.
He wants to add Except to the extent of Cakescape’s active negligence to the beginning of the paragraph. SO, this means (correct me if I'm wrong) that if HE (the lawyer!!) can prove that I was actively negligent for XYorZ, I can be held liable. CORRECT???
Anyway, I already emailed him back asking for clarification and basically saying I am not comfortable making that change. Did I do the right thing?
This order is a total of $400ish. While the money is nice, it barely even meets my minimum order for weddings. I have never done anything to worry about a lawsuit, but just my luck would be that it happens with this guy that an aunt or uncle chokes on his cake.....
Thoughts? Am I overreacting? I tend to do that!
Also, if this guy throws a fit, should I let the venue manager know what went down?
Thanks all, and sorry for the font differences, I was cutting and pasting!