I have a sole source requirement term in my contract. It states:


10.1  In order to protect its reputation and as a matter of liability insurance requirements, Dreme Cake Artistry will be the sole provider of any/all cakes, cupcakes and cookies and expressly prohibits any/all cakes, edible or display, cupcakes, and cookies from any other source except Dreme Cake Artistry to be served at the reception.

10.2  Specifically prohibited are any cakes, cupcakes, or cookies made, supplied and/or donated by any licensed retail baker/bakery including in-store bakery departments of grocery stores or club warehouse stores, any unlicensed, non-retail baker/bakery, hobby baker, or any family member or relative of any bridal party member, guest, or family friend.

10.3  If another source or individual other than Dreme Cake Artistry provides any cake(s), edible or display, cupcakes, or cookies, the items ordered from Dreme Cake Artistry will NOT be delivered and ANY MONIES PAID WILL BE FORFEITED. The undelivered items will be disposed of at Dreme Cake Artistry discretion.


Even though I have this, i'm am fine with doing cookies/cookie favors for an event where I did not do the main cake or cupcake display. I don't like the idea of someone bringing in stuff where I have the main thing on display though, I rather them have my cookies too. Does that sound conceited? How do I edit my contract to fit this in?

You need to think about if you would actually enforce this clause in your contract. If you delivered a $1000 wedding cake to an event and you saw that another guest had brought some cupcakes, would you really throw the cake in the trash and keep the customer's money? That would be a great way to ruin the event and generate a huge amount of ill will towards your company.

Specifically regarding 10.1, does your liability insurance provider really require you to be the sole source for baked goods at all your events?

Also, what about guests with food allergies who bring a homemade cake or other dessert to an event so they have something to eat?

Sounds good. Lots of people do that

When you are making the "side" items (cookies, for example) just cross out the sole source paragraphs and then both you and the customer initial the change. It does not sound conceited -- lots of professional cake decorators have these provisions. When you supply the "side" items, however, you might want to ask your customer whether their contract with the cake supplier has a sole source provision in it -- just giving a heads up to the customer so that they check with the caker to be sure your cookies are ok. May help avoid some heartbreak. I would also suggest that when you have your customers sign the contract for your cakes, you specifically point out the sole source provision to them, so they really understand what it means and why it's there.

I also have a sole source clause in my contract but usually only apply it to the same kind of item. For example, if I am providing the cake then they cannot have any other cakes or cupcakes there. I don't worry about if someone else is bringing cookies or brownies since these are not the same kind of food (yes, it's dessert, but you kwim)

If I am providing decorated cookies and they want to get the cake someplace else then that's fine also.

To say that someone cannot make their own cookies just because you are making the cake seems like it's taking it a bit too far, IMO.

And to Jason, yes I would absolutely take my cake and go home. I do not want my cake associated with any other kind of cake. It's a liability issue and a reputation issue. I stress this in particular when I am going over the contract. If it's an allergy issue then I deal with it on a case by case basis, but so far I've not had anyone that has had a problem with it.

Good points jasonkraft. I didn't think of it like that.

I'm in the process of changing over my contract. The new one was based off of the one doug has on this forum. No my insurance provider does not require this. Could I just leave out the words "insurance requirements"?

I would assume that the client understands what they have signed. They should know not to have other items at the event and that it is a breach of the contract. Could there be some sort of deposit for this type of thing? They get it back when I see that there is no other item.

I guess it depends on what I would see there. If the cake table had someone else's cupcakes all over it then I would be reluctant to to leave the cake. I wouldn't want them associated with my cake. Now if a guest had one little cake that was allergy free for those individuals i'm ok with that, just don't decorate it like my cake or put it anywhere near mine. I don't want anyone to think that anything I didn't do came from me. Its seems like either way I could look bad. 1. Guests think that I made a good cake but got lazy when it came to the cupcakes and put them together really quick. They think i'm lazy and I don't do a good job. or 2. I take the cake back because there are crappy cupcakes on the table and I become the insensitive cake decorator. Either way I can't educate everyone on the situation and I look bad.

I really wouldn't to take the cake back, but I think the client should follow the rules that is in their contract.

How should I include that they could have allergy free goodies? I just really don't want to see another cake decorator setting up their stuff along side of mine. I kind of feel cookies are different because they are more like favors and I can put my name on them, plus I don't have to set them up. Yeah when I don't have to set anything up i'm ok.

I think if you want to feel better about your contract not being so harsh, and yet preserve the thoughts in it, I'd just insert somewhere in those paragraphs "without Dreme Cake Artistry's prior written consent." That way, if a customer has a really compelling reason why they need to include, say a cake for the super allergic in-law, you might be able to work it out with the customer that the "allergy free" cake is kept in the kitchen (not viewed by the guests), served only to person A and person B, etc. But unless you consent FIRST and IN WRITING, you can walk away with your cake and the customer's money if you choose.

Yes, that exactly cathy. Ahh I got it.

Yeah i'm ok with other baked goods that aren't what i'm serving. Even if I'm making the cake i still don't want to see cupcakes. Its still cake, just in a smaller form. That and many times the may not even match my cake. Cookies, brownies, allergy free un-event decorated/matching cakes are ok.

How do you guys have you clauses set up to cover this?

Quite frankly, this kind of clause is impossible to enforce unless you stay for the entire event and watch to make sure they don't bring anything else in. Put it in your contract if you want to, but if someone decides to bring in extra cakes and not tell you, you have no control over that.

If you're paying me $1000 for a cake, I don't care what the heck you serve with it. It's your party. I'll be too busy cashing the check to hang around and police your private event.

Iwas hoping someone would post from a customer perspective. I would have done the same thing. It's my money and my event and I will not have others telling me what to do. I am stilled pissed 24 years later at all the candid photos we have with the photographer 's hand blocking the shot. Had I seen this while I was being posing, I would have pit a stop to it right away. The candid shots did not stop us from buying hoots, but I bought way less than I would have if he hadn't done that.

I don't bother putting a clause like that in, but I do refuse to do groom's cakes for a wedding if I don't do the wedding cake too. That's pretty much my limit, and it's the one that I can kind of control. I already wrote a long-winded explanation of it on my blog, so if you're interested then here's the link http://acaketorememberva.blogspot.com/2010/02/why-i-dont-do-random-grooms-cakes.html

I too have a similar clause in my contract, but I only apply it to the items I am selling to the client.

This past weekend I was at a going away party for friends. I made a 16" round cake (1/2 pumpkin with cream cheese filling and 1/2 pink champagne with raspberry buttercream filling) with a basket weave desgin on the sides, about 2 dozen buttercream roses and lots of leaves and a saying that was picked out by someone else.
Anyway...because it was for friends, I was bringing the cake as a gift and the party was picinic style I knew there would be other desserts there, including another cake, but I didn't really mind (the people the party was for are vegan and I was told to bring a regular cake for everyone and so-and-so was going to bring a small vegan cake).

I am standing in line to get food and everyone is asking me what kind of cake I made, that it looks beautiful (and it did!)...Then they ask me what kind of cake the small one is next to my cake-assuming I made both cakes. Well, this was just about the ugliest cake ever made. I quickly told them I only made the large cake and to ask so-and-so what kind of cake the other one was.

So even though there was a HUGE difference in the quality and look of the cakes, people assumed I made one cake so I must have made both. Well, you know what happens when you assume...

While I've always mostly understood where bakers are coming from on this topic, I've wondered if everyone has stopped to think from the customer's perspective. And, really, if someone gets sick at a reception, I'm not sure how someone would say, "It was one of those cakes" and not say it could have been any of the other food there.

But, I also wanted to point out that to take your cake and go home could cause all sorts of unforeseen problems, no matter what your contract says. People can become very unreasonable, especially on such an important day. At my very unrelated to cakes job today, someone who is not our customer, threw a FIT outside of our establishment, causing a huge scene, trying to attract attention, after discovering we could not help him. He actually got in his car and drove to our office so he could throw a fit! Not only were we in our rights not to help him, and not only were we following company policy, but he had no idea what sort of repercussions could come out of us doing what he wanted. We had been very cordial to him and yet his perception was that we were so difficult that he needed to cause a public scene and draw as much attention as possible. He probably isn't finished, either.

I just think we always need to think long and hard before we upset the public. Sometimes it is necessary, but sometimes it isn't worth it.

I don't understand why it's ok for the OP to take her cookies to an event with a cake made by someone else, but it isn't ok for someone else to bring cookies where the OP made the cake.

Does that make sense?
Did I read that correctly?

That does NOT apply to my question.
My question was:
Why is it ok for the OP to take her cookies to an event with a cake made by someone else, but it isn't ok for someone else to bring cookies where the OP made the cake?

Sauce for the goose is good for the gander; turnabout is fair play; etc.

Wow! Am I the only one who has never heard of anything like this before? Maybe it's because I've never been to such "high-falutin'" weddings like this. When I go to a reception, it's usually one where everyone in the family (including friends) have pitched in and helped out with the food. It would never occur to me to tell someone that no one else was "allowed" to bring cupcakes or cookies or whatever. Although, there are plenty who would be happy about that, 'cuz then they could concentrate on other things. I realize there's a difference between doing it as a business, and doing it for family and friends, but still.