Help - Nut Free Disclaimer

Business By Pucci Cakes Updated 11 Jul 2019 , 11:14pm by cakefan92

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Pucci Cakes Posted 11 Jul 2019 , 1:54pm
post #1 of 10

So I have this lady who contacted me last year to make her kid a birthday cake and cupcakes for a daycare but wanted it nut free but I declined to do it because I didn’t want to be responsible if anything happened to any kid. Last night she contacted me again and I said no again because I don’t work in a free nut kitchen. But she said that she asked the daycare and they told her that it is ok as long as the cake and cupcakes had no nuts in them but no one there has an allergy. I really don’t know what to do. Would making her sign a disclaimer for her to take all responsibilities and not hold my company responsible be enough to protect my back? Please help.

9 replies
-K8memphis Cake Central Cake Decorator Profile
-K8memphis Posted 11 Jul 2019 , 2:03pm
post #2 of 10

i always declined allergy cake requests — although people I worked for would take gluten and egg free cakes --

but I applaud your stance — I Never wanted my cakes subject to an epi pen life and death situation — oh h no —

also I found that people esp mothers of kids with the allergies were especially resistant to taking no for an answer — and especially resilient at being annoying —

just say no is my best advice

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-K8memphis Posted 11 Jul 2019 , 2:10pm
post #3 of 10

they want their kids to be normal and have all the things kids without allergies can have — and they just can’t — my son had food allergies that were not life threatening and I would Never have let someone serve him Anything —

i went at it from the standpoint that my kid was lucky we knew this about him — and could protect him from the miserable side effects — not that I had to make up for his body’s inability to consume those things without consequence — 

but a lot of peeps want to make the earth flat for their kids — no just no

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Freckles0829 Posted 11 Jul 2019 , 3:28pm
post #4 of 10

This is an instance where a discussion with a lawyer might be a good idea.  They would be able to tell you if her signing a simple disclaimer would be enough or if it could possibly still open you up to problems down the road.

I don't blame you for not wanting to take this order on.  There is a big difference between someone who eats a certain way because they think it is healthy and those who literally cannot eat something because it could kill them.  I certainly wouldn't want to feel responsible if something were to happen and just the stress you would deal with the entire time you are baking and decorating for fear that something might get contaminated is just not worth the money, in my opinion.

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SandraSmiley Posted 11 Jul 2019 , 3:55pm
post #5 of 10

I would never even consider an order when there is the slightest chance there might be a nut allergy.  For some reason, it seems the nut allergies are must more violent than most and I certainly do not have a nut free kitchen.  If I had a second space and utensils that were, and had always been nut free, I would take the order, otherwise, no, disclaimer or not.

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jchuck Posted 11 Jul 2019 , 4:27pm
post #6 of 10

I totally agree with what everyone has posted. I’d definitely be saying “NO”. You don’t know this customer from a whole in the wall. And you don’t know if the information about the daycare children is accurate. I was a registrar with a local lacrosse board. We had all parents sign a waiver and a disclaimer. Both drafted by a lawyer. But the lawyer told us that both waiver and disclaimers could still be challenged in court. We had a fair amount of liability insurance. So just because the customer signs a disclaimer, doesn’t necessarily mean that there’s the possibility of being sued. Just too, too risky.

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inthekitchen2 Posted 11 Jul 2019 , 8:02pm
post #7 of 10

I don't take anyone with nut allergies either, I just don't want the stress. However, I feel this is different in your situation. Nobody has an allergy. A lot of childcare centers adopt a no-nut policy to be safe, but nobody that will be eating your cake that has an allergy. When my little one was in preschool they adopted the whole "no nut" policy as well, but accepted items that were made in a facility that has nuts. 

Another story, this lady I knew said her kids had nut allergies and she as having a get togther at her house. She supplied all the food, but someone purchased cupcakes and brought them. Anyway, I told the cupcake lady that this lady had kids with nut allergies, so she might not accept them. There we are at the door, the lady answers and the cupcake lady apologizes that she didn't know about allergies. The nut free mom said, "Let me check", looked at the ingredient list and said, "No nuts, they were made in a facility with nuts, and that's fine", and she served her kids the cupcakes. I was surprised that it was not a big deal, I don't know.

One more story. Had a neighbor that had a kid with peanut allergies she never told me about. Her daughter (age 3) was playing with mine in my backyard while I was doing laundry. Peeked out the window and saw the girl run home. I ran out there, as I was worried about her getting hit by a car. Well, her bigger brother was still over when the dad ran over to get him and said they're going to the hospital. I thought she fell, and asked what happened. He answered, "She had peanut butter!" First, never knew there was an allergy in the first place, you'd think you'd mention that since she played over often. Second, I looked at my daughter and asked if she ate something, and she said she gave her one of the peanut butter treats I made. So, this dad makes me feel like crap, though if I knew I would have told my kids never to give her anything. Anyway, they rush back home, (I assume they are headed to the ER) and they just go in and never come out of the house. 

Hours go by before I can't handle it anymore and go over and ask how she's doing. The mom answers and says, "No big deal, we gave her Benadryl, and she's fine." -Would have been nice to know after her husband flipped out like the girl was dying. Needless to say, I wasn't too friendly with them anymore and luckily they have since moved. 

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Pucci Cakes Posted 11 Jul 2019 , 8:25pm
post #8 of 10

Thank you everyone for your help. This is really scary stuff so I just told the lady I couldn’t. I felt so bad for her because she really wanted me to make her the cakes and cupcakes and she was willing to pay anything. I just can’t be responsible for something so delicate. Thanks again. I’m so glad for this group.

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MBalaska Posted 11 Jul 2019 , 9:42pm
post #9 of 10

No, No, No

Quote by @-K8memphis on 7 hours ago

i always declined allergy cake requests — although people I worked for would take gluten and egg free cakes --………………………………….

..............................just say no is my best advice


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cakefan92 Posted 11 Jul 2019 , 11:14pm
post #10 of 10

As an added note - - in the US, you can not sign away your right to sue anybody for any reason.  So there's that.

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