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Liability? Please help!

post #1 of 4
10/21/05 at 3:54pm
Thread Starter 
I am unlicensed (only do a cake a month or less), but I have the clients sign a contact just to have something to "show" and to make them (and myself) feel more secure that we will all get what we want (them: cake, me: money!)

Anyway, my question is this: I'm wondering what I should tell/not tell the clients about my "legality" and if I do tell them straight out, should I have them sign saying that they have been informed that I am not licenced and/or that they will not try to..."turn me in" or sue me, or take any leagal action against me regarding being unlicnced???

I'm not so much concerned with if this would stand up in court (although that would be nice), but with weather or not the customers would turn and run if I did this.

Finaly, if I do all this, what kind of wording should I use? As of now, I just say that "I'm not a profestional and I don't have a bakery or anything like that." I avoide the word "license" all together.
~Kelsie
*In the process of slooowly updating my photos (3 year backlog). More coming soon!*
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~Kelsie
*In the process of slooowly updating my photos (3 year backlog). More coming soon!*
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post #2 of 4
10/21/05 at 4:51pm
No part of the contract is not enforcable, anyway. It does give them a written confirmation of what to expect from you.

Do not give them any ammunition. If you tell them you are not licensed, they have every reason to either turn you in (very expensive penalites) or cause you any number of problems.

Just keep the contract to descriptions, delivery expectations, cancelation policy. Keep it about the cake, not about you.

Low profile is best.

JoAnn
Cake. So many flavors, so little time.
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Cake. So many flavors, so little time.
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post #3 of 4
10/21/05 at 7:28pm
Thread Starter 
Thanks! I see what you mean, but I just keep thinking that if they have signed that they were informed, and then still go ahead and order/buy a cake form me, they might not be able to sue me. Turn me in, sure, but maybe not sue.... am I just totaly kidding myself? Also do you think its ok to tell them what I have meen saying? "I'm not a profesional, and I don't have a bakery or anything".....??

Also, anyone else??
~Kelsie
*In the process of slooowly updating my photos (3 year backlog). More coming soon!*
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~Kelsie
*In the process of slooowly updating my photos (3 year backlog). More coming soon!*
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post #4 of 4
10/22/05 at 12:47am
it is not a good idea to say anything. You cannot sign away liability with a contract to do something not legal.

If you tell them, you can be in big trouble. You have admitted from the start that you may be a risky proposition.

I don't recommend people operate illegal business, however, if you do it, YOU take all the risk. The customer cannot accept any responsibility.
Cake. So many flavors, so little time.
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Cake. So many flavors, so little time.
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