The size of the Cake tiers will be adjusted to accommodate the correct number of servings to feed the anticipated Number of Guests based on an industry standard cake slice of 1” wide x 2” deep x 4” tall. Baker is not responsible for a shortage of cake due to an incorrect guest count or failure to cut industry standard cake sizes.
Allergy Notice. Client acknowledges and understands that Baker’s products may contain or come in contact with milk, wheat, nuts, and other allergens. Please know that at this time we politely decline taking any orders for specific dietary requirements. We often bake with gluten and dairy in our kitchen and do not want to risk the chance of cross-contamination for those with severe food allergies. For this reason, we cannot provide our sweets to those with allergies and can suggest other bakeries that can. Thanks for your understanding this as we care deeply about not endangering any of our potential clients!
3. It is Client’s full and sole responsibility to notify guests of possible allergens. Baker is not responsible for any allergic reaction of the Client or any guest.
4. Pick-Up/Delivery. The Cake will be (choose one):
[ X ] Delivered. Baker will deliver the Cake as follows: Date: July 14, 2023 Time: 2:00 PM Location: 333 Skyview Place
Unless stated otherwise in this Agreement, the delivery fee is included in the Cake fee. It is Client’s responsibility to provide Baker with clear and accurate delivery instructions, including, without limitation, address, directions, and any other conditions that may hinder the delivery or affect the quality of the finished Cake. It is Client’s responsibility to provide a flat and stable surface for the Cake to rest on and a secure environment for the Cake to reside. After Delivery is complete, the Client assumes full liability and responsibility for the Cake. Client acknowledges and agrees that if the Cake is to be delivered and set up outdoors, that outdoor conditions (ground level, weather, outdoor debris, insects, etc.) may affect the finished Cake, and in no event will Baker be liable for any damage to the Cake’s condition.
[ ] Picked Up. Client will pick up the Cake at the following: Date: Time: Location:
If Client chooses to pick up and transport the Cake, then Client assumes full responsibility for the Cake starting at the time Client first touches the Cake at the pick-up location. Client is solely responsible for selecting the transportation method for the Cake and for securing the Cake during transport. Baker is not responsible for any damage, mishandling, or accidents of the Cake after the Client first touches the Cake.
5. Deposit. A non-refundable deposit of 50% is required in order to secure the cake order on the Event Date (the “Deposit”). The Deposit is due upon the signing of this Agreement. The Deposit will be applied to the Total Payment.
6. Payment. Clients will pay the Baker as follows:
Cake Fee $ 61 Tax: $ Other Fees: $ for $ for $ for TOTAL = $ 61 (the “Total Payment”).
The Total Payment is due in one (1) week prior to the Event Date. If the order is placed less than two (2) weeks prior to the Event Date, the Total Payment is due upon signing of this Agreement and is non-refundable. Baker will not start work on the Cake until Total Payment is paid in full. If Total Payment is not paid when due, then Baker has the right to cancel this Agreement and keep any Deposit paid.
Payment can be made via (check all that apply): [ ] Credit/Debit Card [ ] Cash [ ] Check [ X ] PayPal/Venmo/Zelle (Send to: Paid via Zelle ) [ ] Other:
7. Order Changes. Any requested changes to the cake order must be in writing and made no later than one (1) week prior to the Event Date. Requested changes are subject to availability and may incur additional charges.
8. Rescheduling. Any rescheduling of the services under this Agreement is subject to Baker’s availability. Baker cannot guarantee new date availability and is under no obligation to reschedule to any particular date. Any rescheduled date must be mutually agreed upon in writing signed by both parties.
9. Cancellation. If Client cancels this Agreement, then all sums paid (including the Deposit) are forfeited and not refundable. If Baker cancels this Agreement or is unable to perform the duties in this Agreement, then all sums paid (including the Deposit) will be refunded to Client. Client agrees that any such refund is Client’s sole and exclusive remedy and Baker will not be liable for any additional damages.
10. Liability. Baker is not responsible for:
a) any damage to the Cake caused by the Client, a guest, caterer, or any other person not employed or contracted by Baker;
b) any allergic reactions;
c) any injuries or harm caused by eating non-edible decorative items used on the Cake. Hand-made sugar figures are safe to put on food products but are not meant to be consumed. Each figure has a skewer inside for stability. Sugar flowers are safe to put on food products but are not meant to be consumed. Flowers often have wires inside for stability.
Client assumes any and all liabilities arising from or relating to the above matters.
11. Flowers. If Client requests flower placement on the Cake, then it is Client’s responsibility to provide the flowers. Client must also obtain a notice from the florist confirming the plant is safe to come in contact with food. Client acknowledges that fresh flowers are not a food item and may contain pesticides, dirt, insects, or other contaminants. Baker is in no way responsible for any illness, contamination, or injury arising from or relating to the placement of flowers on the Cake.
12. Cake Photography. Baker reserves the right to use any and all photographs of the finished Cake for promotion without compensation to Client.
13. Creative Interpretation. Client acknowledges and agrees that certain creative changes may be made to the final Cake design for the sake of stability and structural integrity. Baker will use best efforts and judgement in the final Cake design in order to preserve the overall look and design of the Cake while maintaining its stability and structural integrity.
14. Equipment Security Deposit. Baker may charge Client an additional security deposit on any accessories or equipment provided to Client to ensure that such are returned to Baker in undamaged, good, and working condition (the “Security Deposit”). All accessories and equipment must be returned to Baker within five (5) days following the event date in order to receive the return of the Security Deposit. Client authorizes and agrees that any damage or late return will be deducted from the Security Deposit.
15. Color Accuracy. If Client requests a specific color to be used on any part of the Cake design, then it is Client’s responsibility to provide a color swatch to Baker. Baker will use its best efforts to match the color swatch. However, Client understands that factors outside of Baker’s control, including, without limitation, heat, humidity, and light exposure may affect edible food coloring. Baker provides no color guaranty or warranty on the final Cake design.
16. Indemnification. Client will defend, indemnify, and hold harmless Baker from any loss, damage or liability resulting from Client’s violation of the terms of this Agreement or any agreement involving Client and the Baker. Client will defend, indemnify, and hold harmless Baker from and against any claim by any other person or entity arising from, relating to, or resulting from the performance of the services under this Agreement.
17. Force Majeure. No liability will result from delay in performance or nonperformance caused by Force Majeure. “Force Majeure” means any event or circumstances beyond the reasonable control of the party affected, including, but not limited to, acts of God, fire, flood, war, embargo, terrorism, any United States government regulation, directive or request, accident, labor trouble or shortage thereof or inability to obtain material, equipment, or transport.
18. Entire Agreement. This Agreement is the entire agreement and understanding between the parties and supersedes all prior or contemporaneous communications, contracts, or agreements between the parties, whether written or oral, with respect to the subject matter addressed in this Agreement.
19. Modification. This Agreement cannot be modified except in writing signed by all parties.
20. Severability. If any part of this Agreement is declared unenforceable or invalid, the remainder of the Agreement will continue to be valid and enforceable.
21. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, will not be construed as subsequently waiving any such terms and conditions, but the same terms will continue and remain in full force and effect.
22. Governing Law. This Agreement will be governed by, construed, and enforced in accordance with the laws of the State in Baker’s address as listed on Page 1 of this Agreement.
23. Notices. All notices must be in writing and sent by certified or registered mail to the party’s address listed at the beginning of this Agreement.
24. Headings. Headings in this Agreement are for convenience only and are not to be construed to limited or otherwise affect the terms of this Agreement.
25. Counterparts. This Agreement may be executed in counterparts, all of which will constitute a single agreement.
26. Additional Terms.
BAKER: Company Name: Nikki’s Sweets and Adornments Signature: Print Name: Nikki Lam Date: July 13, 2023
