Here is my std contract.
CAKES BY MARK DESIGN SERVICES AGREEMENT
This Cakes by Mark Design Services Agreement (the ¡§Agreement¡¨) is dated as of May 4, 2006, by and between: Cakes by Mark (¡§Contractor¡¨) and XXXXXXXX (¡§Client¡¨) (collectively the ¡§Parties¡¨).
The Parties agree as follows:
1. SERVICES: Contractor will perform the cake design services described below (the ¡§Services¡¨): (check all that apply)
X Wedding cake
2. CAKE DESIGN: Contractor will design and prepare a cake with the following description: *One 2 tiered Chocolate Cake with chocolate whipped icing and dipped strawberries. Tiers will be 12 inches and 8 inches feeding 80 people.
*One 3 tiered white cake with whipped icing. Tiers will be 14 inches, 10 inches and 6 inches feeding 128 people.
*One 1 tiered Strawberry cake with pink whipped icing. The tier will be 12 inches and feed 56 people.
Total people fed will be 264.
3. PROJECT DESCRIPTION: The cake to be provided by Cakes by Mark is described in the attached order. Any changes to this order must be made no later than Fourteen (14) days prior to the event date. Any changes made less than 14 days prior to the event date cannot be guaranteed and will only be made at additional cost to be determined at point of change.
4. TIME OF COMPLETION:
þ The Services shall be completed one time, commencing on June 10, 2006. The Services shall be performed on Saturday between the hours of 10 a.m. and 4 p.m..
5. EQUIPMENT:
þ Client shall provide the following equipment for Contractor¡¦s use when performing the Services: Any floral arrangements, Wedding Topper, Cutting Knife. Contractor shall provide all other equipment necessary to perform the Services.
6. PAYMENT: (mark the applicable provision)
þ Client shall pay Contractor for the Services the sum of Four Hundred Forty Dollars and Forty Cents ($422.40).
þ Client shall pay Contractor a deposit for the Rental of Equipment the sum of __Waived___________________ Dollars ($__________) per ___________.
The payment(s) shall be paid in the following manner:
To secure your event date Cakes By Mark will decline other work. Accordingly, you agree to the following payment arrangement: A deposit of 50% of the total contract price is due upon signing this contract, of which $50.00 is non-refundable. The remainder of the total price shall be due five working days before the Event. If payment has not been received, we reserve the right to refuse your order.
Rental items must be returned by Tuesday of the week following your event date or your deposit will be retained. Any damage, loss or non-return of the rental equipment will be taken from your deposit and could require additional payment from the client up to the full replacement price of the equipment.
7. CANCELLATION OR POSTPONEMENT:
In the past, we have experienced either a postponed or cancelled cake. If for any reason you need to postpone your event, please contact Cakes by Mark immediately. If you need to postpone or change your event date, your new date may or may not be available. If you need to cancel your order entirely there are certain refund policies that we follow. If the cancellation is up to four weeks in advance of your wedding date, we will refund all but $50.00 of your deposit. Two weeks in advance, you will receive a 50% refund of your deposit. After the two weeks prior to your wedding, we cannot accept cancellation and cannot refund your money.
8. OTHER EXPENSES/ACCOMODATIONS: Client shall reimburse Contractor for the following expenses only: None
Client shall be responsible for providing to the Contractor the following accommodations only: None
9. TERM:
þ The term of this Agreement shall begin on May 4, 2006, and shall expire on June 10, 2006
10. GENERAL PROVISIONS:
a. All work shall be completed in a professional manner.
b. In the event Client shall fail to pay any periodic or installment payment due hereunder, Contractor may cease work without breach pending payment or resolution of dispute.
c. Contractor shall not be liable for any delay due to circumstance beyond its control. For Example: transportation problems, delays in product delivery, inclement weather, acts of God, or other causes beyond Cakes by Mark¡¦s control that make it impossible or impractical for Cakes by Mark¡¦s to perform.
d. Any changes to this document must be signed by both Contractor and Client.
e. Neither the Client nor the Contractor may assign this Agreement without prior written consent from the non-assigning party.
f. This Agreement constitutes the entire agreement between the Client and the Contractor, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
g. You agree to assume full responsibility for your guests and agree to indemnify and hold Cakes by Mark¡¦s harmless from and against all bodily injury, property damage or consequential damages which may result from Cakes by Mark¡¦s services and provision of your cake.
h. In the event that you fail to pay Cakes by Mark and collection procedures are initiated, you will be responsible for Cakes by Mark¡¦s reasonable attorney's fees and costs, including on any appeal. Venue for any such action shall be in Licking County, Ohio.
i. On occasion, Cakes by Mark¡¦s will take photographs of its cakes or may order copies of pictures from your photographer. We reserve the right to use any photographs for our own reference or for display and/or promotion without compensation to you.
Cakes by Mark¡¦s appreciate your willingness to follow these few provisions. They exist to insure that you experience an event day with truly unique cake designs created especially for you and the style of your event.
IN WITNESS WHEREOF the Parties have executed this Agreement on the date first written above.
CLIENT: CONTRACTOR:
_______________________________
Signature Signature
_______________________________ Mark D Ceculski_______________
Name (please print) Name (please print)
_______________________________ Cakes By Mark_________________
Title (if applicable) Title (if applicable)
_______________________________ May 4, 2006__________________
Date Date
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If you are going to use a contract, I'd run it past a local atty. to make sure it meets requirements of your state. And that you are accomplishing what you are trying to do in the contract. stating something in a contract, even when signed willingly by the other party, doesn't always protect you (usually, but not always). your state may have certain provisions limiting deposits that can be kept, for example, and your contract could be limited by the laws of the state, regardless of what the contract says.
It should not cost too much to have it reviewed.
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