I just delivered a wedding cake Saturday and all went well....except the florist placed small hydrangea on the cake.....which is poisonous! YIKES! I didn't realize until yesterday that they were toxic! (someone on a cake forum alerted me)
I would like to avoid this issue in the future and protect myself and my business. So, I thought of attaching a Waiver/Hold-Harmless Agreement to the list of toxic flowers that are no-no's for cakes, and add this to my contract paperwork and have the bride sign it at time of booking. However, this may not be enough to prevent a florist from doing this in the future. Do you think this is enough to protect myself from a possible lawsuit should anyone get sick? I'm not a flower expert, nor do I want to be, but I do not want anyone to get sick and blame me!
What to do?
There is a post on here, i think that has a list of what flowers are edible and what flowers are dangerous when put near food... if not on here you can google it.. i have the list at home, most of the basics are ok.. roses, lillies etc.. check it out.. a waiver isnt a bad idea but the when my brides want fresh flowers i have them look over the list first.
even though you may not be negligent with the waiver, you dont want your bride to be sued by a guest..
This is on my FAQ page of my website:
Can I use fresh flowers on my cake?
Fresh flowers are used frequently on wedding cakes. However, you need to be aware that some flowers are poisonous and should not be placed in contact with food. Here is a link to a list of flowers that are considered safe .... List of Non-Toxic Flowers for garnishing the cake
Check with your florist and tell him/her the flowers are to be used on a cake so they can be sure to obtain safe flowers and flowers that have not been treated with pesticides.
-------------------------------------
This is in my Terms of Agreement:
6. Flowers: Florals for cake decoration, silk or fresh, are the responsibility of the Client. We recommend silks, when possible. If client is using fresh flowers on the cake, the florist is responsible for providing the flowers and making sure that the flowers and foliage are safe to place on a cake. Some flowers and foliage are not food safe due to the variety, chemicals used in growing the flowers or foliage and the chemicals used to preserve the flowers and foliage. It is your responsibility to select wisely with the assistance of your florist. Client is responsible to inform the florist the florals are for a cake so that food-safe flowers will be made available. Cater It Simple reserves the right to refuse to allow toxic florals to come in contact with the cake or other foods. Cater It Simple will place the flowers on your cake.
There is a post on here, i think that has a list of what flowers are edible and what flowers are dangerous when put near food... if not on here you can google it.. i have the list at home, most of the basics are ok.. roses, lillies etc.. check it out.. a waiver isnt a bad idea but the when my brides want fresh flowers i have them look over the list first.
even though you may not be negligent with the waiver, you dont want your bride to be sued by a guest..
Yes, I have that list. I'm trying to figure out how to hold-myself-harmless when things are out of my control....such as setting up a wedding cake and then leaving the venue, only to have a florist place toxic flowers on the cake....then I may be contacted, etc.!
Cater It Simple reserves the right to refuse to allow toxic florals to come in contact with the cake or other foods. Cater It Simple will place the flowers on your cake.
I don't even want to place the flowers on the cake....and wouldn't saying "Clever Confections reserves the right to refuse" in my contract still make me liable if I didn't "catch" the fact that toxic florals were being used? I do no not want to have to worry about knowing which flowers are what and/or what their names are and whether or not they are on the list?
I guess I could just state I do not offer floral services when it comes to cakes, and if the bride would like flowers on her cake she will need to coordinate that with her florist as I will not place flowers on the cake. Then I could run into a timing issue if I'm at the venue after the florist has left....oh brother!
I guess I could just state I do not offer floral services when it comes to cakes, and if the bride would like flowers on her cake she will need to coordinate that with her florist as I will not place flowers on the cake. Then I could run into a timing issue if I'm at the venue after the florist has left....oh brother!
I don't do flowers on cake for all the reasons you stated plus more. The floral designer is the expert when it comes to flowers, or at least they're supposed to be. Hopefully the bride has hired someone who knows what they're doing but if not, that's an issue between the bride and the florist. The florist does the flowers, I do the cake.
All of this is spelled out in my contract, basically what you said above - The bride is responsible for providing and placing flowers....
I let the bride know that I'm available to answer any questions the florist may have about sizing on the tiers. I also work with the bride & florist to coordinate my delivery so my cake is set up in time for when the florist needs to start working on it.
This arrangement has worked well for all parties concerned. Never had a problem, never had a bride complain or a florist dump the flowers and leave before I get there. Just be sure to spell out who is responsible for what in your contract.
My flower clause is similar to Indy's except that I've added that flowers that are arranged (as in a container) so that they to do not come in contact with the cake are fine, and if the florist sticks bare stems into the cake, I will inform the caterer not to serve that tier of cake.
My flower clause is similar to Indy's except that I've added that flowers that are arranged (as in a container) so that they to do not come in contact with the cake are fine, and if the florist sticks bare stems into the cake, I will inform the caterer not to serve that tier of cake.
I guess I could also include a clause about "arranged" flowers being ok for me to place on top or wherever.....but as far as telling the caterer not to serve a tier....that's where I'm not sure how to handle it. If I set up a cake and then after I leave a florist places toxic flowers on top, I'm not there to tell anyone anything. I'm just going to be VERY precise in my contract in case anyone is ever sued, I'll have my very explicit contract for my protection!
Thanks all, for your input!
I try not to do fresh flowers on my cakes AT ALL unless they're in some kind of container, because of what a florist told me recently. I'd never liked the pesticide/fertilizer issue, and we all know very well that every flower florists use have pesticides on them. Anyway, a florist I was talking to said that he tells brides to never use fresh flowers on cakes because many flowres come from South America now, and they have no regulations as to what they can use for fertilizer there. A lot of the flowers they grom out of the US are being fertilized with...let's just say that they use substances that you might find at your local sewage pumping station before the water has been treated. That was enough to gross me out and make me never want to touch another flower from a florist, let alone put them on a cake.
This is a great post.
I am curious about this, too, since someone just asked about using fresh flowers on a wedding cake.
My concern (providing the florist chooses the correct safe flowers) would be that they would turn the cake into an ugly sight with poor flower placement, size, color, etc. and then people with raised brows would say "WHO made THIS cake?"
Also, if I suggest silk flowers, are there these same issues with cleanliness, chemicals, etc.?
Thanks.
My concern (providing the florist chooses the correct safe flowers) would be that they would turn the cake into an ugly sight with poor flower placement, size, color, etc. and then people with raised brows would say "WHO made THIS cake?"
Most florists I talk to are RELIEVED to find out they don't have to put the flowers on a cake.
THere is a different mindset when doing flowers on a cake as compared to doing flowers in a vase.
When doing a floral arrangement, you put a flower in (the vase, the wet foam block, whatever). If it doesn't look right, you pull it out and place it somewhere else.
You can't do that with a cake or you'll have a lot of holes and messed up icing, and a cake that looks like crap.
So I have a deal with the florists .... I wont' make their centerpieces and they dont' decorate my cake. Which is absolutely fine with them! 
I have a "don't touch my cake" policy too! As for the "I am not liable if your florist provided flowers with pesticide" clause...I'm still working on that.
I HATE it when florists think they can touch my cake. I have even said to one florist who suggested that she put flowers on my cake " yeah, sure, right after I go over and frost that vase over there."
I have an organic garden with 240 different roses, plus about 20 other flowers that are food safe. If a bride wants other flowers, I have them send over the flowers from the florist the day before the wedding and I arrange them for free as part of my basic design charge.
My theory is you're going to be held liable anyway, so you may as well be in control.
My theory is you're going to be held liable anyway, so you may as well be in control.
Yes, I may be sued as a Co-Defendent in a suit.....but depending on how I word my contract, I may/may not be held liable.....this is what I'm working on, and therefore rewording my contract. I have a friend who's an attorney, looking over my contract now. I'll share whatever wording she offers!
I just want to do cake and want NO part of flower arranging, etc.
Quote by @%username% on %date%
%body%