How many got refunds~How many sued? - Page 2

I think more than the fear of being sued, people refund to preserve their good name. So much of this business is word of mouth, it can be devestating to have dissatisfied customers out there telling everyone about their bad experience. I think most decorators know the difference between when they've done a less-than-great job (for whatever reason) and when someone's just a PITA, fishing for a discount. I do agree with you though, I think that there is a slim chance of actually being sued, barring a true catastrophe that any reasonable decorator would probably 'make right' before it got to the lawsuit stage. It would be very cost prohibitive to sue over the price of your typical cake.

1: refund = 0
2: sued = once
3: 19 years worth

The bride that sued me said the wedding was cancelled & I returned all but the deposit because I felt bad for her. (I had her put it in writing that the wedding was cancelled and that's why she was getting a refund at all). She turned around and sued me for the deposit. I found out in the mean time the wedding had happened, she had found someone cheaper to do the cake the month prior. I brought the wedding announcement with me to court and the judge told her she was lucky I wasn't counter-suing her for the entire amount of the contract since it was clear she was caught in a huge lie. That marriage didn't last and she actually came to me a few years ago for the cake for her 2nd wedding. I wouldn't have had the nerve to walk back into my place if I were her, but she did.

And it's necessary because people are idiots. See my blog article on contracts: http://cateritsimple.blogspot.com/search/label/contract

cfao, I think I remember hearing that story from you before. It was funny then and funny now (although I'm sure it was not funny to you at the time). Amazing how ballsy people can get, isn't it?

I'm always confused when I see "contracts" that are order forms. My contract is the list of legal stuff that we both have to abide by. The order form is what I use to make the cake, or the caterting/food. Last line in my Terms of Agrement states, "This Agreement, along with the applicable order forms, constitutes the contract between Cater It Simple and client."

To me .... an order form is an order form and a contract is a contract.

Bear in mind, too, that I have a separate order form for every thing I have .... a separate form for chocolate fountains, buffets, drinks buffet, apeptizers, breakfasts, lunches, cakes and any other special thing that pops up. If I tried to combine all of that in one "contract", ... well, it's just scary to think how long it would be.

That bride sued me back when I had been in business maybe 5 years and my cake deposit was $50. I figured since she was the one who filed with the court, I wanted to see if my contract would hold up for a judge - the worst that could happen at that point was I would have to give her the additional $50 plus court costs of about $15 back then. The judge did tell me my contract says all monies paid on account are non-refundable and I should have never given her a cent back. He said it would have held up in court. Here is the wording I have:

Terms: Balance to be receieved by C.F.A.O. no later than 30 days prior to wedding date or this contract will be considered void and will be cancelled. If C.F.A.O. agrees to accept a late payment & honor such an invoice, a $25 late fee will be added to the balance due. Any monies paid on account are non refundable. A $25 charge will apply to any returned check. Customer is responsible for all costs & fees incurred to collect payment by legal avenues. If for any reason an unexpected condition beyond our control should arise and the ordered product(s) cannot be delivered, C.F.A.O. shall only be liable for the balance which has been paid on the product(s) by the customer. This company and/or anyone acting as an agent may not be held liable for any other damages or losses. C.F.A.O. is not responsible for any product not supplied by us. We reserve the right to substitute is necessary. Heat and humidity will cause product breakdown during outside receptions.

This looks long written out here, but it is printed at the top of each of our invoices and only takes up 7 lines. The bride has to sign and date her invoice when she puts down her deposit.

K8,

I don't think there's a contract out there that can save you from being sued. People can sue anyone for anything as long as they put up the court costs. As we see on the news, people will clog up the court system to sue for anything if they think they can get a buck out of it.

0 Refunds (most of them are free)
0 Suits - most of them are for my kids, their kids and their friends - they know better than to sue me

Sadly, anyone can file suit for anything. Whether it holds up in court, and it sounds like the contract held up in court just fine while the suit by the bride didnt hold up at all, is another thing entirely.

Refunds = 0
Sued= 0
Cakes....uhm....I'd estimate about 100 but I'm just starting out...

I got an order form/contract thats about 3 1/2 pages long and I only do cakes.

Whether you're sued or not, it's just prudent to have your ducks in a row.

I'm sure all of us know a number of people who have paid for car insurance and homeowners insurance for YEARS and never had a claim or never had an at-fault accident. Yet they would NEVER adopt the philosophy of "I've never been sued so why do I need insurance? (or a contract?)"

It's just prudent and responsible. No, having a contract doesn't prevent you from being sued .... but it covers your a$$ and sometimes prevents the lawsuit to start with.

I had a bride who canceled her wedding. I emailed her pretty much "thanks for letting me know". She asked about getting her deposit back. I emailed her that it was non -refundable. She was PI$$ED!!!!!!! Threatened me with all kinds of stuff. POinted out to me that she was "going to talk to someone about this!!" I emailed her the part of the contract that siad all deposits were non-refundable.

She then came back saying she had paid MORE than the minimum so she should get that part back. (She's arguing over $25 at this point). I emailed her the part of the contract that said ALL payments were non-refundable.

I'm sure I would have heard much more from her had I not had a signed document with these stipulations. So yes, in this case, I think the contract PREVENTED me from dealing with some 'zilla in a courtroom, and the hassle that comes with it.

Okay..I'm boring

1.0..partial but only because they caused such a fuss.Grew B#$*@ after that one!
2.0..
3. Too many to count....