I am possibly doing a birthday cake for a large party and I am unsure if I should ask for a deposit. This is my first time making a cake for someone I don't know and since the order is large, I am nervous I'll make this big cake and then not get paid for it.
I also would like help writing a contract for my clients to sign. I live in California and legally I am not supposed to sell my cakes made from my kitchen. So I want to come up with a contract that states I will bake, assemble, and decorate the cake in my home kitchen and that the client is fully aware of that.
Thanks in advance for any help!!
You might want to find a cheap lawyer service and ask that question ( There are lots of call in type services that will answer questions for half an hour for around $50).
You cannot write a binding legal contract that binds one of the parties to an illegal act. That particular wording also reads like an confession that could be held against you if something should go wrong ( like someone having an allergic reaction)
Sounds like a REALLY bad idea to me, but please be sure to ask a lawyer.
Don't sign a contract....it's like a contract between a buyer and seller and the seller's stuff is stolen goods..... ok, not as bad as that but you get my drift. If anything goes wrong, the very contract you signed to protect yourself will be the nails in your coffin. Just take a 50% deposit, be clear on what it is they want, etc. and go forward.
No lectures from me on the perils of unlicensed baking since I live in CA too and realize what a struggle that is. I am in the process of trying to find a kitchen rental so I can get legal but it sure is more difficult then it sounds. Good luck to ya 
P.S. be prepared for some flames from the stuanch 'pro-legals'....... they have a good point but it's still no fun to hear it.
If you are not legal, I would not sign a contract. Like CakeDiva73 said, in covering yourself, you may potentially be hurting yourself instead. If your major concern is not being paid, then I would ask that they pay a 50% deposit to book you for the date, and the cake be paid in full no less than three days before pickup/delivery or they get no cake and forfeit any deposits. A legit customer will not have a problem with that. If they complain, just state it's your policy and you have to be firm on the rules to be fair to all your customers.
Ultimately, if your gut says don't take the job, be sure to listen. Better safe than sorry. Let us know how it turns out! 
don't take a deposit..... make them pay for the whole thing up front!! if you're not legal, than the last thing you want is stuck chasing someone around for money when you can't even threaten small claims court on them. if they've seen your work, they should know that the cake will be as promised adn shouldn't worry about paying for it up front. get it in cash a week ahead or check two weeks ahead to make sure it clears. treat this large order like a wedding cake, nearly everyone pays for those in advance because they know what hard work it is. im sure you'll be working just as hard on this order.
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