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Wedding cake contract for small home-based bakery?

I've only just begun to sell and bake cakes and pastries from my home. I do NOT have professional training, however, I do hold an advanced level food handler's card(good for four years) I received through a program in the U.S Army. I have much experience working in professional restaurants however and am very familiar will the sanitary precautions I need to maintain in my home to prepare these sweets.

I have advertised my home business online(craigslist, facebook) and have already completed many successful orders. There is one potentional order that I am not sure I should do. I have NOT yet insured myself with product liability but will be doing so in the next couple weeks. In the mean time I am NOT making any more orders until I am properly insured.

This wedding is set for the end of this month. I had been talking to the bride for a couple weeks now and was all set to make her cake when she just told me today that she has a wedding coordinator and that said coordinator wants me to sign a contract or submit another kind of written consent.

I thought about this, and it makes sense coming from their end to cover their asses and make sure that that cake gets there(especially since the bride did find me on craigslist ya know) however from my end it doesn't seem smart to go ahead at this point and consent without proper insurance. Of course I have every intention of making the cakes and doing it to the very best of my ability, but what IF something happened. What IF someone got food poisoning(not from my product) but blamed it on me and tried to sue? This just seems idiotic for me to consent to any legal documents without being properly set up to do so.

I was just curious to know if this is a common thing--cake contracts. She was VERY upset with me when I just told her that I regrettfully did not feel that I was comfortable making this a legal situation--given my lack of professional set up. Thoughts?

9 Answers

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  • ?
    Lv 6
    8 years ago
    Favorite Answer

    Well, then you risk loosing her business, it's that simple. The chances you would be blamed for food poisoning is pretty small, but life happens, people get sick, get into car wrecks, family members fall ill and die and what if (God forbid) something like that happend to you and you could not deliver the goods? Do you have a back up plan? Sure, I get you are working on your insurance stuff, but even as someone with insurance it's wise and resposinble to always have a back-up plan. Forget that your insurance could take care of it if someone sues you because you couldn't deliver the cake, because you fell down and smacked your head on the pavement the day before and were unconcious....but the wedding would essentially be without a cake, which is pretty devestating to a wedding. Do you know others in your family or business collegues who would be willing to pick up the slack in the event of an emergency?

    Get a contingency plan lined up and see how you feel.

  • ?
    Lv 4
    5 years ago

    Wedding Cake Contract

  • ?
    Lv 4
    4 years ago

    Cake Contract

  • 8 years ago

    Usually at a wedding the cake is the last suspect for food poisoning, its usually the main course that would bring that up.

    Does the bride know you are not yet insured?

    If she does and she is okay with it, ask that they put in the contract that you accept no responsibility for any legal or personal damages that come from the product.

    Just assure that it will be delivered on time and in perfect condition.

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  • 8 years ago

    A contract would work in your favor. YOU give the BRIDE the contract to sign.

    You state what you're offering, cost, delivery, price, etc.

    In the contract is nonliability agreement, which is used to protect the company that issues it- you. Have the bride sign this agreement, stating that the person (bride) will not hold the company (you) liable if something negative happens as a result of the activity, or in your case, the cake.

    "Many companies require customers to sign liability release forms prior to using the company's services. These waivers release the company from any liability if the customer is injured while on site. The customer assumes all responsibility for their person and their actions. Sometimes these waivers are still fought in court, but most courts recognize them as a legal document that waives the

    company's responsibility."

  • Anonymous
    5 years ago

    Absolutely do not sign a contract unless you have test the cake style, icing, and seen pictures of previously done cakes the way you want. If they won't let you taste test until after you sign find someone else. Once you sign the contract you have to place a non-refundable deposit and begin making payments or pay on the day of the wedding. Start calling the bakeries and get those taste buds ready!

  • Jilly
    Lv 6
    8 years ago

    I think you should probably not do the job. I know the bride is going to be super pissed, but you don't have insurance and you're being asked to sign a paper saying that if someone somehow gets hurt or poisoned on your watch (not that it would EVER happen) you are legally obligated to take care of that. And without insurance to help you with that, you could be in big trouble.

    I understand that you want to make your client happy - but I think in this case you have to protect yourself and your business first.

    I don't know how common this specific contract arrangement is, but it doesn't raise any major alarm bells for being unreasonable. It just sounds like everyone is trying to protect themselves which I totally understand. You sound like a conscientious business owner and I understand not wanting to anger your client, but I'm not sure you have a choice at this point. I'm pretty risk averse with this sort of thing, so take it with a grain of salt but I wouldn't do it until properly insured.

  • 8 years ago

    Have you checked with the health department in your city to see if you need a license to have a bakery in your home? Where I live, there are very strict regulations to do this. There has to be a separate kitchen that is used only for the bakery. It must be inspected and no one is supposed to go into this kitchen except the person getting the license. No pets allowed to walk through, no other people, and you are the only one allowed to do any baking in it. Also no other food is allowed to be prepared in this separate kitchen except what is being made to be sold.

    So check with your health department before you do anything else. There may not be any rules covering this venture, and if that is so, you are good to go. But if there are rules, you must adhere to them. Many cities require regular inspections, too.

    Good luck with your business.

  • 8 years ago

    Rule no. 1, always cover your hiney--tell her upfront that you are in the process of getting your insurance, thus you do not feel comfortable signing any kind of contract until insurance goes into effect.

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