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Long contract.

post #1 of 10
Thread Starter 

My contract is three pages long, to much? It consist of 20 "rules" my girlfriend said its like reading a book. 

post #2 of 10
If there are clauses in the contract that are not necessary, redundant, or unenforceable, then it is too much. Otherwise I wouldn't be concerned about the length.
post #3 of 10
Mine is 2 pages. It may be that you really need 3.

I would have someone review it. Always good to get another set of eyes. Maybe you've repeated something.

www.VeryDeliciousDesserts.com

https://www.facebook.com/pages/Delicious-Desserts/207874222593145

 

It's never "just cake!"

 

You may get a cake for $way to little but you won't get this cake!

Animal
(4 photos)
 
Reply

www.VeryDeliciousDesserts.com

https://www.facebook.com/pages/Delicious-Desserts/207874222593145

 

It's never "just cake!"

 

You may get a cake for $way to little but you won't get this cake!

Animal
(4 photos)
 
Reply
post #4 of 10
Thread Starter 

Check here for no known allergies (_)

 

1.   Your initial deposit reserves your event date and is non-refundable.

2.   We must receive the balance by the due date indicated or contract is null and void, and deposit will not be refunded.

3.   The date of your final payment is the final date for any changes of size, style or flavors of the cake.  Any changes requested after this date cannot be guaranteed and may be subject to additional charges.

4.   Delivery is $50 in Miami  .75 per mile outside of Miami .

5.   We are not responsible for any damage to the cake after setup is complete. You are responsible for providing an appropriate and secure table and environment for the cake(s).  Cakes are heavy and require a sturdy table, and optimal room temperature of 75 degrees or below.

6.   If flowers are provided by an outside source, we will arrange up to 25 stems free; $1 for each additional stem.  You acknowledge that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants.

7.   If you or your representative elect to pick up and set up the cake, you assume all liability and responsibility for the condition of the cake once it leaves (Kelly's Cakes) possession. 

8.   On occasion we will photograph our cakes and we reserve the right to use any photographs for display or promotion without compensation to you.

9.   Our products may contain or come into contact with milk, wheat, nuts, soy, and other allergens. You agree to notify your guests of this risk and hold us harmless for allergic reactions.

9.  10.   Performance of this agreement is contingent upon the ability of (Kelly's Cakes) to complete the

    agreement and is subject to labor disputes or strikes, accidents, Acts of God, and other causes beyond our control.

11. To secure the event date Kelly's Cakes will decline other work. The date of the event is considered “booked” upon receipt of a non-refundable deposit equal to 50% of the total value of the cake, including any delivery charges, any equipment deposit, and the completed, signed contract.

     a) Payments of the balance due are to be made as follows:

i)    Three months (90 days) prior to the reception: 50% of the total cost

ii)  Two weeks (14 days) prior to the reception: balance in full (remaining 50% + any additional fees for changes)

      b) Should the Client fail to make any periodic or installment payment due as specified above, Kelly's Cakes will cease work without breach of contract, the order will be considered canceled and no refund will be given.

      c) Payment must be made by cash, money order, bank cashier’s check, or credit card.  Personal checks will NOT be accepted as payment.

      d) The Client is responsible for keeping track of any payments due and ensuring their timely payment.

12. Client cancellations, up to sixty (60) days in advance of your event date, will receive a refund all of payments less the non-refundable deposit.

(a)  Cancellations between 60 and 30 days in advance will receive a 50% refund of all monies paid less the non-refundable deposit.

(b)  Cancellations after final payment, 14 days before your reception, forfeit all monies paid.

13. All details and changes must be made in writing as an addendum to this contract and must be signed by both the contractor, Kelly's Cakes, and the Client. Verbal comments, phone calls, text messages, faxes, and/or emails do not constitute sufficient notification and will not be binding in any way upon Kelly's Cakes.

a) Once final payment has been made, the order can NOT and will NOT adjusted for a smaller guest list

b) If more servings than the main cake will provide are needed unexpectedly, a kitchen cake to match the main cake in terms of layers, flavors and fillings may be made if availability permits and it is ordered at least seven (7) days before the event. The kitchen cake’s cost will calculated at the same amount per serving as the main cake plus a $50 rush order fee. The kitchen cake’s cost must be paid in cash, or by credit card within twenty-four (24) hours of the time the kitchen cake is ordered.

c)   Kelly's Cakes shall be the sole arbiter as to what constitutes a reasonable change and reserves the right to refuse those changes deemed unreasonable.

d)  All changes are subject to availability.

14. Sole Source Requirement

a)   In order to protect its reputation and as a matter of liability insurance requirements, Kelly's Cakes will be the sole provider of any/all cakes, edible or display, other pastries and/or confections and expressly prohibits any/all cakes, edible or display, other pastries and/or confections from any other source except Kelly's Cakes to be served at the reception.

b)   Specifically prohibited are any cakes, pastries and/or confections 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.

c)   If other source or individual other than Kelly's Cakes provides any cake(s), edible or display, pastries, and/or confections, the items ordered from Kelly's Cakes will NOT be delivered and ANY MONIES PAID WILL BE FORFEITED. The undelivered items will be disposed of at Kelly's Cakes discretion.

d)   Exception to the sole source requirement: receptions held at a restaurant or hotel that has a set banquet menu with a dessert option can be an exception, however  must be notified in writing of the final Kelly's Cakes dessert option provided by the restaurant or hotel and it cannot under any circumstances be a cake or cheesecake. Acceptable dessert options include ice cream, custards and cookies.

15. Ornaments/Cake Topper

a)   Any ornament/cake topper must be given to Kelly's Cakes by the final payment date, fourteen (14) days prior to event. If Kelly's Cakes is to provide the ornament/cake topper, the cost will be added to the final payment amount.

16. Specialized Cake Equipment/Cupcake Stands

a)   If the cake requires columns, plates, stands, fountains, support systems (internal or external), or other specialized equipment, a deposit equal to the total replacement cost of the equipment will be left with Kelly's Cakes at the time of signing of the contract to ensure the return of all equipment.

b)   The deposit will be held until all equipment is returned in the original condition and NO LATER than Tuesday after the event. All equipment must be returned in person and not mailed, shipped, or “dropped off.” Failure to return the equipment by the Tuesday after the event will result in forfeiture of the deposit even if the equipment is eventually returned.

c)   Kelly's Cakes shall have final decision on the condition of the returned items. The cost of any missing items and/or the replacement cost of any items determined to be damaged will be deducted from the deposit.

 

 

 

Receipt of this document by the Client and a booking of a cake constitutes agreement to these terms unless stated in writing.

 

 

Contractor: Kelly Morgin

 


____________________________________________________________

PRINT NAME

 

____________________________________________________________

Date

 

 

Client: I have read, understand, and agree to all that has been stated. I have received a copy of this contract for my records. I understand that I ____________ am the only one authorized to make changes to this contract.

 

 

 

____________________________________________________________

Signature

 

____________________________________________________________

Name (please print)

 

____________________________________________________________

 

 

Thanks doug! 

post #5 of 10
Quote:
Originally Posted by KellyMorgin View Post

Check here for no known allergies (_)

What is the purpose of this checkbox, considering the allergen disclaimer later in the contract? What does the customer do if there are known allergies?
Quote:
10. Performance of this agreement is contingent upon the ability of (Kelly's Cakes) to complete the
agreement and is subject to labor disputes or strikes, accidents, Acts of God, and other causes beyond our control.

What is the recourse if you are not able to complete the agreement?
Quote:
a) Once final payment has been made, the order can NOT and will NOT adjusted for a smaller guest list

Why not?
Quote:
14. Sole Source Requirement

a) In order to protect its reputation and as a matter of liability insurance requirements, Kelly's Cakes will be the sole provider of any/all cakes, edible or display, other pastries and/or confections and expressly prohibits any/all cakes, edible or display, other pastries and/or confections from any other source except Kelly's Cakes to be served at the reception.

b) Specifically prohibited are any cakes, pastries and/or confections 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.

c) If other source or individual other than Kelly's Cakes provides any cake(s), edible or display, pastries, and/or confections, the items ordered from Kelly's Cakes will NOT be delivered and ANY MONIES PAID WILL BE FORFEITED. The undelivered items will be disposed of at Kelly's Cakes discretion.

Will you actually enforce this clause if necessary?
post #6 of 10
Thread Starter 
Quote:
Originally Posted by jason_kraft View Post


What is the purpose of this checkbox, considering the allergen disclaimer later in the contract? What does the customer do if there are known allergies?
What is the recourse if you are not able to complete the agreement?
Why not?
Will you actually enforce this clause if necessary?

1. Check box can go

2. Not sure will have to think about it 

3. Because the final payment is two weeks before cake is due, NOTHING is to be changed

4. Yes i actually will

post #7 of 10
Re the sole source clause, you should think twice about this. It may work as a bluff, but if you show up to a venue and another dessert is already there (perhaps brought by a friend or family member without the customer's knowledge), walking out and taking the cake with you with no refund will do far more damage to your reputation than any potential confusion.
post #8 of 10
Thread Starter 
Quote:
Originally Posted by jason_kraft View Post

Re the sole source clause, you should think twice about this. It may work as a bluff, but if you show up to a venue and another dessert is already there (perhaps brought by a friend or family member without the customer's knowledge), walking out and taking the cake with you with no refund will do far more damage to your reputation than any potential confusion.

Now that you put it that way i will reconsider putting that in my contract. 

post #9 of 10
Thread Starter 

Thank you, Jason!

post #10 of 10

Here's how I explained the length of my contract.  Mine was 3 pages and that did not count the 1-7 add'l pages that had the cake/food order forms that went with it.

 

http://cateritsimple.blogspot.com/search/label/contract

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