Terms and Conditions (“Agreement”) between ______________________ (“Client”) and Blue Box Bakery (“Company”) (collectively the “Parties”) for Wedding Cake/Dessert services (“Agreement”).
The Parties agree as follows:
1. Cake Design. Company will make every reasonable effort to produce a cake/dessert item with all the details requested; included but not limited to: flavors, fillings, decorations, sizes, shapes, and colors. As will every custom handmade product, identical replication is not always possible. Client agrees:
2. Changes. The initial design phase for all custom designed orders, includes one sketch and one minor revision.
3. Reduction Clause. If the client reduces the order size, causing a total cost, after final adjustments, to be less than 10% off of the original estimated total, the Client agrees to pay 90% of the total estimated original costs, regardless of the reduction size.
4. Booking. Availability and booking dates are not secured until a NON REFUNABLE deposit of 50% of the total estimated cost is received.
5. Payment. Clients are fully responsible and liable to pay all balances on their account.
6. Cancellations and Refunds. Deposits and all other initial payments secures a minimum number of hours in The Company’s calendar to The Clients event. Due to the specialized nature of our work, our acceptance of your order dictates that we must decline additional inquiry’s that we receive for that week. Due to these factors, all deposits made, up to 50% of the initial estimate total, is NON REFUNDABLE.
7. Delivery. On the scheduled delivery date of _______________, and time of ______________, The company will make every reasonable effort to deliver your order to the specified location on the aforementioned date and time.
8. Image Disclosure. The Company customarily takes photos of each cake at the delivery site for business purposes. The Company may also submit images of your cake to publication in magazines or to other media. The Company reserves the right to use photos and statements from clients in portfolios and/or on our website.
9. Exclusivity. The Client agrees to EXCLUSIVELY use Blue Box Bakery for all related dessert items that are within the production means of The Company. Dessert items not offered by The Company, such as donuts, croissants, etc, or other previously agreed upon items, are acceptable with either verbal or written consent by The Company.
10. Limitation of Liability. In the event that a catastrophic occurrence such as death, fire, earthquake, natural disaster, or other Act of God beyond The Company’s control, that prevents Blue Box Bakery’s performance, We will make every reasonable effort to ensure that your order will be produced and delivered on the scheduled delivery date and time, by a qualified substitute industry professional. However, in the event that your cake/dessert item, is not delivered, despite our best efforts when a catastrophic event occurs, the limit of liability for such non-performance will be a full refund of all fees the Client has paid. The Company will not be liable for any additional consequential damages.
This agreement releases the Company from all liability relating to the damage of the cake, illness that may occur while consuming non-edible items (i.e. certain florals, wires, dowels, etc) not removed or inserted into the cake after the transfer of the cake.
Client agrees to hold the Company, entirely free from any liability, including financial responsibility for damages, injuries, or illness incurred, regardless of whether illness is caused by negligence.
Signatures
Each party has read, understands, and agrees to the terms and conditions of the Agreement. In submitting payment to Blue Box Bakery, regardless of absence of signature, the Client agrees to the aforementioned Agreement.
The Parties agree as follows:
1. Cake Design. Company will make every reasonable effort to produce a cake/dessert item with all the details requested; included but not limited to: flavors, fillings, decorations, sizes, shapes, and colors. As will every custom handmade product, identical replication is not always possible. Client agrees:
- There may be variations in the cake due to the nature of the design process, or as necessary to accommodate the specifications the Client has requested in the order.
- Company reserves the right to take creative license to determine the degree of replication that is appropriate to complete the order.
- If the Client has requested the use of specific colors on the cake (i.e. wedding colors), Client must provide Blue Box Bakery with color swatch(s) representative of the color(s) the Client desires.
- However, the colors used for the cakes are made from food grade dyes, a perfect color match may not always be possible.
- Company reserves the right to take creative license to determine the degree of color matching that is reasonably achievable to complete the order.
- All sketches and designs are proprietary and exclusive to the Company. Replication of the Companies designs will not be recreated by another company without our knowledge or written consent.
2. Changes. The initial design phase for all custom designed orders, includes one sketch and one minor revision.
- Any additional design revisions will incur a design fee of $100 per hour. Hourly design charges will be charged on 30 minute increments.
- Once the Client has approved of the design, all reasonable and minor changes can be made up to twenty one (21) calendar day notice, prior to the scheduled event date. Changes made within the 21 day period will result in a 10% change fee. Changes made within the fourteen (14) day period will result in a 15% change fee.
- Additional charges may be added to the order based on the level of changes.
3. Reduction Clause. If the client reduces the order size, causing a total cost, after final adjustments, to be less than 10% off of the original estimated total, the Client agrees to pay 90% of the total estimated original costs, regardless of the reduction size.
4. Booking. Availability and booking dates are not secured until a NON REFUNABLE deposit of 50% of the total estimated cost is received.
- The deposit must be made within 5 days of expressed intention of booking, or the date will be re-opened to other inquires at The Company’s discretion.
5. Payment. Clients are fully responsible and liable to pay all balances on their account.
- 50% booking deposit, in the amount of $_________ to be paid at the time of booking, and
- Final 50% of remaining balance, in the amount of $_________ to be paid 14 days prior to the wedding/event date on _______________.
- All payments made after 14 days are subject to a 10% late fee.
- Payments made within 7 days of the event date are subject to a 15% late fee.
6. Cancellations and Refunds. Deposits and all other initial payments secures a minimum number of hours in The Company’s calendar to The Clients event. Due to the specialized nature of our work, our acceptance of your order dictates that we must decline additional inquiry’s that we receive for that week. Due to these factors, all deposits made, up to 50% of the initial estimate total, is NON REFUNDABLE.
- In the event of an order/event cancellation, the 50% deposit made to reserve the date will be forfeited.
- In the event of a change in date or change in circumstance, The Company will transfer the remaining balance and deposit to the new requested date, subject to date availability.
- 25% of the remaining balance is due on the original final balance due date, with the remaining 25% due 14 days prior to the new event date.
- Once the final balance has been paid, 14 days prior to the event, no money will be refunded or credited if the order is cancelled.
- The first rescheduling will be complimentary and no change of date fees will be applied. Additional change of dates, will be subject to a 10% fee.
7. Delivery. On the scheduled delivery date of _______________, and time of ______________, The company will make every reasonable effort to deliver your order to the specified location on the aforementioned date and time.
- All tables and linens must be set and ready for The Company to set-up the cake for delivery by the aforementioned date and time.
- Once your order has been delivered, The Company transfers all responsibility for your cake/desserts, to The Client, and their designated vendor or representative.
8. Image Disclosure. The Company customarily takes photos of each cake at the delivery site for business purposes. The Company may also submit images of your cake to publication in magazines or to other media. The Company reserves the right to use photos and statements from clients in portfolios and/or on our website.
9. Exclusivity. The Client agrees to EXCLUSIVELY use Blue Box Bakery for all related dessert items that are within the production means of The Company. Dessert items not offered by The Company, such as donuts, croissants, etc, or other previously agreed upon items, are acceptable with either verbal or written consent by The Company.
10. Limitation of Liability. In the event that a catastrophic occurrence such as death, fire, earthquake, natural disaster, or other Act of God beyond The Company’s control, that prevents Blue Box Bakery’s performance, We will make every reasonable effort to ensure that your order will be produced and delivered on the scheduled delivery date and time, by a qualified substitute industry professional. However, in the event that your cake/dessert item, is not delivered, despite our best efforts when a catastrophic event occurs, the limit of liability for such non-performance will be a full refund of all fees the Client has paid. The Company will not be liable for any additional consequential damages.
This agreement releases the Company from all liability relating to the damage of the cake, illness that may occur while consuming non-edible items (i.e. certain florals, wires, dowels, etc) not removed or inserted into the cake after the transfer of the cake.
Client agrees to hold the Company, entirely free from any liability, including financial responsibility for damages, injuries, or illness incurred, regardless of whether illness is caused by negligence.
Signatures
Each party has read, understands, and agrees to the terms and conditions of the Agreement. In submitting payment to Blue Box Bakery, regardless of absence of signature, the Client agrees to the aforementioned Agreement.