I put this post in the business forum at first, but I would just like help from anyone who knows!
I've got my first wedding cake order coming up! I'm excited, but has anyone out there had their clients sign a waiver or release form, acknowledging that you are just a home baker and releasing you from all legal responsibility? I don't have a licensed business yet, and don't know if we will be moving soon or not, so I would just like to cover my tail as much as possible while I'm in this limbo period.
Have any of you done this, and is it ok to do?
I have been trying to answer this for about 20 minutes, trying to put everything down, but not worry you. Here is the best I can do.
If it would make you feel better I would.
It might not help much but I would. I was just told recently by a friend here, that at her sisters wedding people got "sick". There was no trouble things like that, and of course nothing happened as a result of it, but here's the story.
It was a small wedding, everything from dress to flowers, to cake and food, was done by family or friends of the bride, no one licensed to do anything, all done to help the bride and groom. Everybody ate a little of everything. The groom is a lawyer, and he told the bride not to worry because it was a small wedding, people were friends and he didnt see anyone worrying about it. He also told her of a story that happened within his firm of this sort of thing. Were people got sick from a huge company BBQ. Contracts were signed and all that but when it went to lawyers it was told that the contract only is good between the ones signing the contracts and the company making up the contracts, not any people coming to the event and eating what was there.
Just keep this in mind, chances are very slim, that anything is going to happen, and if they did chances that it was your cake and in your control even, are even slimmer. Things will be fine. My aunt who does this on the side and for a bakery said in all the years that she has been doing this, over 20, and the years the bakery has been open, over 20 also, nothing has ever happened like that. I would still put it in there, especially if it makes me feel better.
Thanks for taking the time to help! I really appreciate it. I guess this follows the principle of insurance - you hope nothing happens, but if it did, heaven forbid, I'd really wish I had covered myself.
So am I understanding right that a written contract like this would only be binding between me and the bride, not with her guests? Do you think I could include a clause that said something to the effect that the Bride accepts all responsibility and liability for the cake once it's delivered?
Eventually I want to get the license and inspection and the whole shebang, but since I don't know whether we'll be moving soon, I need to just wait and see. I've heard that if you're only doing up to one cake a week, you shouldn't have to worry about all the registration stuff. BUT, should I get liability insurance in the meantime?? It's so expensive, and I can't help wondering that if there WERE a lawsuit in the next 20 years of doing this, I probably would have paid for it in insurance by then anyway!!
Any thoughts, anyone?
Sorry, I don't know much about that kind of thing, but it sounds like a good idea to me. Maybe someone else will know!
T Do you think I could include a clause that said something to the effect that the Bride accepts all responsibility and liability for the cake once it's delivered? Any thoughts, anyone?
AP I couldnt help you there...maybe we have a lawyer some how on here that can help with that clause... I dont think that clause would help much, but who knows. I will see if I can ask my friend to ask her sisters husband to see. Maybe you can call around there to bakeries and private bakers act as if you are looking to hire, this way you have what someone else in your shoes and right now in your area that does what they feel is right... I guess it couldnt hurt..I can do stuff like that all the time...I can be very sneaky when I need to be.
Hey, what a great idea! Just what we need - an attorney dedicated solely to us! Advocate our cause, keep us from getting messed over, and give sound advice!! Anyone out there?