Written Contracts & Unlicensed??

Business By sugartopped Updated 18 Apr 2006 , 10:03pm by Jenn123

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sugartopped Posted 18 Apr 2006 , 3:22pm
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I was Just wondering if it is a good idea to have a written contract ......I'm not licensed (yet..working on it)? I know it is a good idea to have one to make sure you get paid and are covered if anything was to happen....but I'm not licensed...so kinda nervous about handing out a piece of paper w/my signature stating I'm going to sell a cake!!!

But I feel I need one for wedding cakes!! Too much time/money/effort put into to wedding cakes to not have one!! I plan on giving the bride the contract when i receive a deposit. I have a tasting tonight for a new customer...and I've had another bride who's had two tastings (but no deposit, yet icon_confused.gif ).

just wondering how many bakers have contracts w/o being 'legal' (by coutny/city/state requirements)?? Since I'm in Florida I need a commercial kitchen to get my license (we have offically submitted my project to the archticeht!!) thumbs_up.gif .

And for those that don't use contracts.....is there any way to protect yourself...or is it just kinda 'hope for the best' and if the bride ends up backing out or canceling...what do you do w/o a contract??

Thanks,
Christine

11 replies
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mmdd Posted 18 Apr 2006 , 3:25pm
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You really need to be careful not being liscensed and all...I mean, some people will sue you if they're unhappy with a product and you need to be honest about not being liscensed.

I know weddings are very picky about things.

Others on here know more than I do, so I hope you get the info. you're needing.

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sugartopped Posted 18 Apr 2006 , 3:33pm
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I let everyone know that I'm not licensed (occasion & wedding cake inquiries) and both brides know this b/c I told them they needed to make sure the reception location would allow a cake from an unlicensed baker (alot places in my town won't!!)

but I also let everyone know I am in the process of getting my license...I know this probably wont help me if I'm ever sued though!!

but so far I've only made cakes for people I know (luckily I work w/over 200 people so I'm pretty busy). But the bride I'm meeting w/tonight...I don't know...it was a pure accident that her mother and I met in my work parking lot (actually kinda a funny story)!!!

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mmdd Posted 18 Apr 2006 , 5:48pm
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I do have contracts but I'm not licensed. I don't use them for family but for friends and friends of friends I do.

I should use them for family, too, I think.

good luck in your search to answer this question!!

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prettycake Posted 18 Apr 2006 , 5:53pm
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I'm not in the cake business..but I would say, I'd be so skeptical getting into some kind of contract If I do not have a license. Anything can happen. icon_smile.gif

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BakeQueen Posted 18 Apr 2006 , 6:05pm
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I too am unlicensed but I'm working toward getting my license. In the meantime, I do cakes for family, friends, church members and coworkers. I do make my customers aware that I am not licensed and I use a contract for weddings to retain my professionalism. Also, I have had brides ask me for contracts as well, for their own peace of mind. birthday.gif

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sugartopped Posted 18 Apr 2006 , 6:10pm
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I guess this would be more of a lawyer question!! but is the contract valid if you are essentially doing something that is not legal?

i probably shouldn't worry about it so much! but this is my first customer I don't know and no one I know knows them either....so just being a little too cautious I guess!

but I know if I'm going to do wedding cakes I'm going to need the contract and brides are going to want a contract!! i may just have to wait to do wedding cakes until I get my license and then I won't have to stress about it!! and just stick to people I know!!

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Jenn123 Posted 18 Apr 2006 , 6:12pm
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I've been doing weddings for 20 years and have never had a contract. I've never been asked for one. Is it legally binding if it isn't witnessed? Is it really necessary? They pay in full 2 weeks before the wedding and they get a receipt. What else do you need?

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sugartopped Posted 18 Apr 2006 , 6:36pm
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Quote:
Originally Posted by Jenn123

I've been doing weddings for 20 years and have never had a contract. I've never been asked for one. Is it legally binding if it isn't witnessed? Is it really necessary? They pay in full 2 weeks before the wedding and they get a receipt. What else do you need?




what is on the reciept?? what they ordered, cake flavors, decorations chosen, etc?? or is it more basic like they paid and the amoung?? the contract I have written up is basically just an order form that shows servings, flavors, decorations, price, etc.

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Jenn123 Posted 18 Apr 2006 , 6:59pm
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Quote:
Originally Posted by pinkbunny

what is on the reciept?? what they ordered, cake flavors, decorations chosen, etc?? or is it more basic like they paid and the amoung?? the contract I have written up is basically just an order form that shows servings, flavors, decorations, price, etc.




I don't usually give them any written description unless we talk via email. They get a regular receipt for the amount and what they owe still. I really don't see the point of a contract. It doesn't protect my money. It might protect theirs if they feel I didn't fulfill their expectations, I guess. They can see my policies and photos on a website.

I'm interested in other opinions on this. Does it benefit you somehow?

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mmdd Posted 18 Apr 2006 , 9:20pm
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I have a contract that states when the money needs to be paid in full, explains a deposit and insurance for "loaning" items such as a fountain, pillars, etc. and when they need to be returned or else deposit won't be refunded. It also says that the bride can't make any certain last min. changes. What would you do if you got a call 24 hours til the wedding and they decided they wanted a diff. flavor of cake??

But, that's just me & MHO.

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Jenn123 Posted 18 Apr 2006 , 10:03pm
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Quote:
Originally Posted by mmdd

What would you do if you got a call 24 hours til the wedding and they decided they wanted a diff. flavor of cake??




I would do it if I could or explain why it was too late to change, i.e. "I've already purchased the ingredients or baked the cakes".

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