Am I Legally Responsible For The Finished Product?

Business By melanie-1221 Updated 9 Jul 2013 , 8:08pm by carmijok

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jason_kraft Posted 29 May 2013 , 6:17pm
post #31 of 80

A

Original message sent by Jess155

Is this new cake lady charging her for 350 servings and giving her half of that basically?

That's not such a big deal if she's charging on the order of 50¢ per serving.

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SugaredSaffron Posted 29 May 2013 , 7:09pm
post #32 of 80

The reason I think she should cancel is because the customer pretty much cancelled an order, 'err sorry I found a cheaper quote so I'm going elsewhere, can you make my flowers though?' She cancelled her order 3 weeks before the wedding so she's clearly not too concerned about it.

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liz at sugar Posted 29 May 2013 , 7:12pm
post #33 of 80

I think the only reason you are still making her flowers is she didn't want to lose her deposit.  This way she gets a cheap cake from the new lady, isn't out her deposit from you, and will get a reasonable facsimile of what she wanted.  I would just send her a new contract to sign before proceeding.

 

Liz
 

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Pyro Posted 29 May 2013 , 7:17pm
post #34 of 80

I'm not sure why everyone is always worried about what " the other baker " will do. Let them sink their own boat ?

 

Customer went an other way to get what they wanted ( 4 tiers for cheap ). OP was nice enough to let it go and still agree to make the flowers. Unless the OP is losing money because she already as 150 flowers made, I would just do the 75 the customer wants because at this point she is just a  " flower maker " for this order. OP already told the customer 150 is more in range for the look, if they still want 75 you give them 75. Whatever they do with the flowers after is not your problem. There's really no point in investing more time and money into doubling the order for no reason. Even more so since the customer is on an extremely tight budget.

 

Maybe they will do a pyramid on top with the flowers, maybe they will pin them left and right, maybe they will forget them at home or drop them on the floor. Doesn't matter. Of course everyone wants to see them on a beautiful cake but at this point, you just make the order and let it go. And next time you don't make a flower only order. OP already understands that.

 

OP was even nice enough to tell the customer that the new baker's serving chart was not going to provide 350 normal servings. Maybe they are still getting those walmart cakes to supply what's missing.

 

But seriously, enough charity. At this point just care about your work, the flowers. The rest is the problem of the new baker, you know, the one they chose over you !

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jason_kraft Posted 29 May 2013 , 7:25pm
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A

Original message sent by Pyro

I'm not sure why everyone is always worried about what " the other baker " will do. Let them sink their own boat ?

If the other baker doesn't do a very good job and people ask who made the decorations, OP's name will be mentioned. It's possible they will make sure people understand that OP just made the flowers, but if things get emotional that distinction may be lost.

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costumeczar Posted 29 May 2013 , 7:32pm
post #36 of 80
Quote:
Originally Posted by Pyro 

I'm not sure why everyone is always worried about what " the other baker " will do. Let them sink their own boat ?

 

Customer went an other way to get what they wanted ( 4 tiers for cheap ). OP was nice enough to let it go and still agree to make the flowers. Unless the OP is losing money because she already as 150 flowers made, I would just do the 75 the customer wants because at this point she is just a  " flower maker " for this order. OP already told the customer 150 is more in range for the look, if they still want 75 you give them 75. Whatever they do with the flowers after is not your problem. There's really no point in investing more time and money into doubling the order for no reason. Even more so since the customer is on an extremely tight budget.

 

Maybe they will do a pyramid on top with the flowers, maybe they will pin them left and right, maybe they will forget them at home or drop them on the floor. Doesn't matter. Of course everyone wants to see them on a beautiful cake but at this point, you just make the order and let it go. And next time you don't make a flower only order. OP already understands that.

 

OP was even nice enough to tell the customer that the new baker's serving chart was not going to provide 350 normal servings. Maybe they are still getting those walmart cakes to supply what's missing.

 

But seriously, enough charity. At this point just care about your work, the flowers. The rest is the problem of the new baker, you know, the one they chose over you !

Yes! And who cares if someone's confused about who made the cake? If someone really wants to find out they'll ask the bride, and if she's unhappy with it she'll definitely tell them the name of the baker, not the person who made the flowers who was trying to tell her that it wouldn't work out.

 

I sell plenty of gumpaste flowers in my etsy shop and I don't care if they put them on a cakewreck. They were going to get flowers anyway, and they weren't going to hire me to make the cake, but I'll be glad to take the money for the flowers instead of having them get them somewhere else. If the baker who made the cake has someone else want the same thing she'll have to get another flower from me unless she wants to learn to do it herself. So thank you very much, here's your flower order, enjoy it.

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jason_kraft Posted 29 May 2013 , 7:40pm
post #37 of 80

AIt also depends if OP is just delivering the flowers to the other baker or dropping them off at the venue vs. actually putting the flowers on the cake herself.

It's a tough situation, since with the former you have plausible deniability but you are relying on the other baker to decorate the cake with your flowers, and with the latter you are more involved in on-site decorating but if the cake itself is of poor quality you will be the "decorator".

The other worrying aspect of this is that the customer seems to trust the advice of the other baker over the OP, not sure if there is a prior relationship there or the customer is just reacting to the low price.

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Pyro Posted 29 May 2013 , 7:45pm
post #38 of 80

On this one incident where the OP agreed to do something she isn't comfortable with, I don't think if the cake ends up being a wreck it would really affect her business. From a business standpoint, I agree 100% with costumeczar. When they go to an other baker ( if you were supposed to make the cake ) it's not your problem anymore what happens. If you are just providing " accessories " for the cake, it shouldn't matter what they end up on, you provided a service, you were paid. End of story. Of course I'm sure the OP would have preferred to provide a beautiful cake for this couple but not this time.

 

In this specific situation, OP was providing 2 tiers unknown size for 350 people. Even if she provided a marvelous looking cake, about 3/4 of the people there would still be eating walmart cakes thinking it's the OP's. Personally this would bother me more as a baker then flowers on someone else's cake.

 

 

Quote:
Originally Posted by melanie-1221 

She decided to do a 2 tier and would source cupcakes from Walmart for the additional servings.

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Annabakescakes Posted 29 May 2013 , 8:13pm
post #39 of 80
Quote:
Originally Posted by Pyro 

On this one incident where the OP agreed to do something she isn't comfortable with, I don't think if the cake ends up being a wreck it would really affect her business. From a business standpoint, I agree 100% with costumeczar. When they go to an other baker ( if you were supposed to make the cake ) it's not your problem anymore what happens. If you are just providing " accessories " for the cake, it shouldn't matter what they end up on, you provided a service, you were paid. End of story. Of course I'm sure the OP would have preferred to provide a beautiful cake for this couple but not this time.

 

In this specific situation, OP was providing 2 tiers unknown size for 350 people. Even if she provided a marvelous looking cake, about 3/4 of the people there would still be eating walmart cakes thinking it's the OP's. Personally this would bother me more as a baker then flowers on someone else's cake.

 

 

Quote:
Originally Posted by melanie-1221 

She decided to do a 2 tier and would source cupcakes from Walmart for the additional servings.

Oh yeah! I feel the same way as you, pyro!

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melanie-1221 Posted 29 May 2013 , 8:37pm
post #40 of 80

You all have valid points and concerns.

She booked her bridal shower cake and wedding cake with me in the beginning. The sister paid for the bridal shower cake without incident , which was decorated with the same flowers and they raved on and on about how wonderful it was and she couldn't wait to see her wedding cake.

At this point she had already knocked down her original order with me to a 2 tier which was fine. Her intent was to use it for the photos and it would only be served to the bridal party with the top tier taken home and frozen for the anniversary.

Basically all the guests were going to get cupcakes.

Out of the blue she decides she isn't comfortable having the cake delivered Friday and found a baker that will be able to do it Saturday and also will provide her with a 4 tier cake.

I am irritated that she cancelled so late and maybe she is using me for the flowers fearing she will lose her deposit. I never thought of that.

 

I don't know what the pricing is for the new cake but I know it has to be waaaay under the market value in our area.

She only had a budget of $250 and was firm on it after canceling her initial $700 cake order with me. That cut her from 4 to 2 tiers from me and eliminated the topper.

A newbie, uninsured, illegit baker might be willing to make 4 tiers of fondant covered cake for $250.00 ( or much less minus the cost of my flowers ) . I have no idea what she is paying for the cake.

The first red flag was her message to me about the number of servings she had been told, 2nd red flag was when she was told 75 flowers would be plenty after she asked my opinion and I told her 150. Even if she did find a cheaper cake and stick it to me at the last minute ,I do care about her satisfaction. 

I am scared for her and at the same time just want to walk away shaking my head. I'm not perfect, but I've got 14 years of decorating in the bag, sometimes I know what I'm talking about ( and sometimes I don't ;)

I am quite miffed that she is taking the advice of the new 'cake lady' ,who is clearly way off, over mine.

The new cake lady will be attaching the flowers and I will have no hands on with the cake itself, I will be 2 states away when all this takes place. 

I just want to make sure I am covered when the stuff hits the fan...

I should have said no from the start, it's my fault for agreeing to supply the flowers.

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DeliciousDesserts Posted 29 May 2013 , 8:55pm
post #41 of 80

AThe answer to your question is no. You will it be responsible for the final outcome.

How could you be?! The Other baker is placing them. It would be just as if she purchased flowers from CostumeCzars etsy shop.

You have done your due diligence. You have tried to advise her. She has made her decision and her choice. Your hands are clean.

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melanie-1221 Posted 29 May 2013 , 9:06pm
post #42 of 80
Quote:
Originally Posted by DeliciousDesserts 

The answer to your question is no. You will it be responsible for the final outcome.

How could you be?! The Other baker is placing them. It would be just as if she purchased flowers from CostumeCzars etsy shop.

You have done your due diligence. You have tried to advise her. She has made her decision and her choice. Your hands are clean.

Thank you.

Initially that is what I was thinking, but then I started thinking of all the things that could possibly go wrong.

She is going to be livid if her cake doesn't look like the photo, which based on the number of flowers she has ordered, it will not. (Aside from the construction of the actual cake which I am curious to see ).

When emotions take over I am fearing she will be contacting me as well, even though you are right, I just supplied what was ordered.

I will have her sign off on the invoice that she is satisfied with my product and be done with it.

I have made plenty of cakes , people around here know my work, even if my name was attached to this cake, I think people would question it. ( at least I hope they would :/ ) 

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liz at sugar Posted 29 May 2013 , 9:10pm
post #43 of 80
Quote:
Originally Posted by melanie-1221 


She is going to be livid if her cake doesn't look like the photo

 

Not. Your. Problem. Anymore. :)

 

Liz

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Annabakescakes Posted 29 May 2013 , 10:49pm
post #44 of 80

I would love to see the inspiration photo, a pictures of the flowers you made, then be a fly on the wall when the cake is delivered and flowers are placed, and the bride shows up icon_twisted.gif

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costumeczar Posted 29 May 2013 , 11:44pm
post #45 of 80
Quote:
Originally Posted by liz at sugar 

 

Not. Your. Problem. Anymore. :)

 

Liz

Yes, exactly. Not your problem. I agree with this and DeliciousDesserts, if you make the flowers that's your part. You have no responsibility otherwise. I'd give her the options like I suggested, do your part, whatever that ends up being, then wash your hands of it.

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melanie-1221 Posted 30 May 2013 , 1:37am
post #46 of 80

Thank you everyone! I appreciate your time and help with this. 

The inspiration photo is this, but she wants the flowers to cascade down the front AND also the back. 

The 75 " flowers " she ordered are to include the leaves but no wheat for a cake of 14, 12 , 10, and 8 inch tiers. 

On this smaller cake I counted 60 flowers ( including the leaves ) just on the front cascade.

Figure in larger tiers and the same cascade going down the back...and do it with 75 pieces .

I just don't see it happening.

 

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So that is the before...if I am able to get the " after" pic I will post.

Thanks again everyone!

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jason_kraft Posted 30 May 2013 , 2:24am
post #47 of 80

A

Original message sent by melanie-1221

On this smaller cake I counted 60 flowers ( including the leaves ) just on the front cascade. Figure in larger tiers and the same cascade going down the back...and do it with 75 pieces .

I'm betting there will be no back cascade, especially if the cake table is against a wall.

For a design like that I would probably set a price for each cascade instead of pricing by the flower.

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cakeyouverymuch Posted 30 May 2013 , 2:27am
post #48 of 80

You are way too invested in something that is no longer your responsibility.  At this point your only responsibility to your client is to give her the seventy five flowers she is asking for.  The outcome, good or bad, is solely the responsibility of the client and the baker whose advice she has chosen to take. 

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melanie-1221 Posted 30 May 2013 , 3:14am
post #49 of 80
Quote:
Originally Posted by jason_kraft 


I'm betting there will be no back cascade, especially if the cake table is against a wall.

For a design like that I would probably set a price for each cascade instead of pricing by the flower.

Thanks!

I should have priced it that way...would have been a lot easier.

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melanie-1221 Posted 30 May 2013 , 3:16am
post #50 of 80
Quote:
Originally Posted by cakeyouverymuch 

You are way too invested in something that is no longer your responsibility.  At this point your only responsibility to your client is to give her the seventy five flowers she is asking for.  The outcome, good or bad, is solely the responsibility of the client and the baker whose advice she has chosen to take. 

Agreed.

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TheItalianBaker Posted 7 Jul 2013 , 4:14pm
post #51 of 80

how did it go? im curious :)

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manddi Posted 7 Jul 2013 , 5:23pm
post #52 of 80

A

Original message sent by TheItalianBaker

how did it go? im curious :)

Ditto

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melanie-1221 Posted 8 Jul 2013 , 1:10am
post #53 of 80

I ended up going through with the order. I didn't want to stick the bride with nothing at the last minute and possibly ruin my reputation.

I will never get in the situation again though thumbsdown.gif

 

Post wedding she did message me a thank you for the flowers and she was so happy with my work, but didn't say anything about the cake.

I checked on her facebook page where she has all her wedding pics posted, no pics of just the wedding cake. Only 1 where they are cutting it, it was NOTHING like the photo of the cake she requested. 

The buttercream was beige, the cake separators were white, it was not stacked it was on a layered cake stand . There was no cascade of flowers, they were placed  in small clusters around the border of each tier.

 

I image the decorator got in over her head and gave the bride what she could. Possibly she realized there weren't enough flowers for the original design and had re-design. The fact the photographer took no photos of the cake and she did not either tells me something didn't go well.

 

Just happy she was please with my work and isn't holding me responsible :)  

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melanie-1221 Posted 8 Jul 2013 , 1:43am
post #54 of 80

Here is the cake they received ( I cropped out the bride & groom ).

Not sure what happened with the original design. She may have changed it, the baker may have changed it...all I know is she was happy with my flowers. ~ lesson learned though.

Just curious why she has no professional or personal photos of the cake. This is the only photo I could find and it was posed by a guest, not the bride. detective.gif

 

 

AppleMark

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annabananana Posted 8 Jul 2013 , 1:48am
post #55 of 80

AYeah, not the same at all... in fact, I really don't like it. And that is why you spend the money!

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IAmPamCakes Posted 8 Jul 2013 , 1:49am
post #56 of 80

AWow. The only thing similar about those cakes are the flowers.

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annabananana Posted 8 Jul 2013 , 1:51am
post #57 of 80

AI really don't like cakes on that stand unless the gaps are filled with flowers.

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kaylawaylalayla Posted 8 Jul 2013 , 2:04am
post #58 of 80

AWell its not the disaster that I was expecting.

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Bettyboo64 Posted 8 Jul 2013 , 2:06am
post #59 of 80

ANot the best looking cake I've ever seen, but it could have been much worse.

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Godot Posted 8 Jul 2013 , 5:39am
post #60 of 80

AI hate that stand.

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