Hi Everyone,
I have just received my first order and I am so excited! I have scanned this board for information about getting started, but I still have some questions. I am planning to start out under the table, as Florida requires licensed commercial kitchens. For those of you in similar situations, do you still have your clients sign contracts, releases, disclaimers, etc. for liability issues? I am very afraid that in these sue-happy days that someone will get sick and take legal action against me. Also, do you do everything under the table.. or do you register as an LLC, etc?
Thanks for your advice!! 
Hey, Congrats on your first order.. I do not make them sign anything.. If they know me well, they know I have no license and they know I make cakes from my kitchen to theirs.. If you feel that they need to know what your making.. You can print something out and add a label to your cakes of ingredients.. Something like this:
Ingredients of cake, from my kitchen to yours..
Some or all of the following,
flour, sugar, eggs, etc....
Just incase of unknown allergies.. Good Luck!!
I operated for years without any kind of contracts or liability insurance. I now have liability insurance coverage (about $500 a year) and I have a "terms of agreement" .... a generic document that covers all events. I dont' have anything specific drawn up per event, other than my order forms, which they get a copy (these spell out exactly what I making). My terms of agreement was written by me (pretty much copied from others that I had seen) and I used it for over a year before I had an attorney review it. He's fine with it.
With any kind of liability, be it our home or our cars or our lives, without insurance you run the risk. Be sure to double check with the venue .... some require a certificate of liability insurance before they will allow you in.
But again...... I ran "under the radar" for YEARS w/o contracts or insurance.
you won't be able to get insurance for your business unless your business is "legal" - and even if you could GET a policy, the insurance company could get out of paying out on it (you can't insure illegal activities). but your homeowners MAY cover some liability, but maybe not. I think a contract is a good idea no matter what the state of your business, if only b/c it outlines what your expectations are of them and their expectations of you.
I asked my agent about that specific issue. He is aware that I'm running out of my house right now and the business status. If he sold me a policy to cover liability, knowing that my liability would not be covered, I'm sure there would be some liability on his side. (my goodness, we really have to protect ourselves from each other, don't we?) 
I'm so glad I'm on the way to doing it "right" so I don't have to worry about this much longer! 
My homeowners policy will not cover business liability, just like my personal car policy will not cover accidents on "business deliveries". (and oh my gosh, business car rates are WAY higher than your regular personal rates) It may differ from state to state so I'd put it in the hands of your experts ..... your insurance agent .... to help guide you on what you need.
Paiges, if you choose to fly under the radar, you cannot have a contract, insurance or liability protection. You cannot have a legally binding agreement for an 'illegal' act.
You are on your own. That means you need to select your clients carefully. One complaint against you to the regulators, and they will close your 'business' and fine you. So low profile is your only option.
Thanks everyone for your input! Apparently there really isn't any way to protect myself unless I do things legally... which I suppose is good anyway. I am going to look into renting some kitchen space around town. Hopefully it will all work out. Thanks again!
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