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Let's pretend... what does YOUR contract say?

post #1 of 10
Thread Starter 
So I'm doing a little contract modification in the off season. I have used a version of Doug's contract example and I think it covers me pretty well, but there is a section that I should probably strengthen a bit.
Let's pretend a tornado hits the venue and you can't deliver a cake.
Let's pretend the venue's manager goes on a bender and burns the place down.
Let's pretend that through NO FAULT of your own (an act of God, not a car accident, or you broke and arm etc) you cannot deliver the cake to a venue.
What does your contract say? What is the exact wording? I think mine might need some CYA adjustments icon_smile.gif
life is short, get a cakesafe.
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life is short, get a cakesafe.
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post #2 of 10
Mine reads:

10.  LIABILITY:
a.  Once your cake has been set up by SPD (or picked up by your designated person) and deemed stable and secure, we can no longer be held responsible for anything that may happen to it after we leave the venue. We will always leave your order in excellent condition.
b.  You agree to assume full responsibility for your guests and agree not to hold SPD responsible for bodily injury, property damages, or consequential damages that result from SPDs services.
c.  SPD shall not be liable for any delay in delivery out of our control. For example: sickness, death, transportation problems, delays in supply and product delivery, inclement weather, acts of nature, or other causes beyond SPDs control that make it impossible or impractical for us to perform the services agreed.
post #3 of 10
Mine is pretty basic:
"Amy's Cakes N Candies shall not be held liable due to unforeseeable circumstances or circumstances beyond the control of Amy's Cakes & Candies" ......"Proper handeling of products after delivery is the sole resposibility or the client"
post #4 of 10
Mine says:

I will make every effort to deliver your cake to your reception site in good condition at the specified date and time. No liability is accepted for delay, damage or failure to deliver because of circumstances beyond my control such as, but not limited to, fire, accident, weather, power failure. In the event that any terms of the contract are unfulfilled by me, liability is limited to refund or cancellation of any charges due by you as specified in this contract. Under no circumstances shall I be liable to you for any loss or damage in excess of the agreed upon charges whether caused by the negligence of myself or others which arise out of or in connection with this contract.
post #5 of 10
Thread Starter 
Thank you!
I have something just like all of yours. My question is: I have read some posts where the contract not only clears you of liability but also of full refunds of product in case of acts of God.

If I arrive at the venue and the place is burned down, or a tornado hit it, or something of the like, should I be responsible for a full refund?

I understand if I am involved in a car accident and am in a coma, or something where it is still my responsibility to deliver as promised they should be allowed a full refund.

I figure there is a difference between liability and refund of services and am trying to make that distinction.
life is short, get a cakesafe.
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life is short, get a cakesafe.
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post #6 of 10
IMO, in the example where the hall has burned down or something along those lines I would not be providing a refund. If you show up with the cake then you have upheld your end of the contract.
Tact is telling someone where to go so nicely they can't wait to take the trip!
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Tact is telling someone where to go so nicely they can't wait to take the trip!
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post #7 of 10
ditto
post #8 of 10
Quote:
Originally Posted by cakesbycathy

IMO, in the example where the hall has burned down or something along those lines I would not be providing a refund. If you show up with the cake then you have upheld your end of the contract.



Agreed.
post #9 of 10
No way would there be a refund. They can take the cake home and have their reception in the back yard. WHERE they end up eating the wonderful dessert they ordered and you prepared isn't part of the deal.
No one can seriously expect you to eat the cost of your labor or ingredients due to circumstances out of your control. Really, have we be come that much of a litigious society?
I guess when someone sues over coffee being hot...we have.

mommachris

wife to David for 25 years
mom to 13 blessings
Nine who are still living at home that range from 22 to 4 years old.
Holly, Amy, Aaron, Evelyn, Zebedee, Melody, William, Melissa and little Tobin
and four more sweet babies in heaven.

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wife to David for 25 years
mom to 13 blessings
Nine who are still living at home that range from 22 to 4 years old.
Holly, Amy, Aaron, Evelyn, Zebedee, Melody, William, Melissa and little Tobin
and four more sweet babies in heaven.

Reply
post #10 of 10
Mine says this after the attorney got through with it:

If A Cake To Remember cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the baker's illness, then A Cake To Remember shall return any money paid by the client, less expenses, but shall have no further liability with respect to this agreement. In the event A Cake To Remember fails to perform for any other reason, A Cake To Remember shall not be liable for any amount in excess of the money the client has paid. In the event of personal emergencies that prevent A Cake To Remember from doing the delivery and setup, A Cake To Remember will attempt to make arrangements with alternate cake providers to do the work, and will provide refunds to the client in proportion to the amount of work A Cake To Remember was not able to do. In the event that any of the above conditions prevents A Cake To Remember from delivering a completed cake, no refunds will be issued, but the client will be given the option of picking the cake up the day of, or within one day of, the originally scheduled event.

Make sure that you run yours by an attorney for your state, all of the laws about what you can and can't say are different state by state.
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