Cake Contract and Agreement

As your cake decorator, I agree to deliver the above-described cake in a timely and agreed manner. The following conditions apply:

  • Take The Cake has not been certified, licensed, regulated or inspected by state or local authorities. Take The Cake operates under the Home Consumption and Homemade Food Act (2018) which exempts Take The Cake from the above requirements.
    -Some venues do not allow baked goods prepared under this act to be served in their venue. It is the client’s responsibility to check with venue prior to ordering.
  • A non-refundable retainer of 50% is required to consider this an order and contract for services to be rendered on your behalf. The remaining balance is due one (1) week prior to the delivery or pickup date. In case of non-payment, your order will be cancelled and the client must make other arrangements for a cake.
         – **Orders under $100 must be paid in full at time of order.**
         – Any changes to this order must be made no later than one (1) week prior to delivery or pickup. If the order is cancelled, 50% of the total cake cost is non-refundable, plus any and all expenses already incurred on behalf of the finished product.
  • In the case of fresh flower usage on the cake, the responsibility of the flower safety and safe food practices will rest with the florist and not with Take The Cake.  The person placing this order should obtain a notice of plant safety, in question, from the florist. You acknowledge that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants.
  • Be Aware: Ingredients or machinery may have come in contact with nuts, milk, soy, wheat or other allergens. While every precaution will be taken to avoid known allergies, it remains the full responsibility of the Client to inform guests of possible allergens. Take The Cake is not responsible for any allergic reactions.
  • For Pickup Orders: Orders picked up after the pickup window of 30 minutes will need to be rescheduled and a late fee of $10 for the first ten minutes, and then $1 for every minute after that will need to be paid before the release of the cake.
  • Take The Cake is not responsible for shortage of cake due to incorrect guest counts or failure to cut industry standard sized slices.
  • The client will provide clear driving instructions to the location and inform Take The Cake of any adverse road hazards and/or obstacles that may hamper the delivery and quality of finished cakes. PLEASE NOTE: excessive jarring due to “potholes”, road construction or unseen road conditions, will damage the finished product to an unstable and undesirable state. Take The Cake is not responsible for damaged cakes during transport.
  • For pickup orders: Take The Cake is not responsible for Take The Cake, is not responsible for the condition of products following pickup. Due to the effects of certain conditions:  table on un-level ground, table being bumped, wind blowing undesirable atmospheric items (i.e.: dirt, leaves, branches, sunlight.), heat or sunlight, insects and other wildlife; Car accidents, unsafe driving, or rough roads (ie: pot holes, taking corners too fast, etc). The client understands that products such as icings, fillings, cake decorations, etc, may not hold up and cannot be ensured past satisfactory pickup.
  • Take The Cake reserves the right to use any photographs of the finished cake without compensation.  
  • Take The Cake promises a product of high quality and service, but is not liable for unseen circumstances, including but not limited to: inclement weather, transportation problems, illness, accidents, labor disputes or strikes, Acts of God, and other causes beyond reasonable control.
  • A delay in transit shall not constitute grounds for a discount or refund.
  • Take The Cake is not responsible for any damages to the cake caused by a guest, caterer, or any other person not employed by Take The Cake. Client agrees to make arrangements for a proper and secure environment for the cake.
  • Client assumes full responsibility for the event guests and agrees to indemnify and hold Take The Cake harmless from and against all bodily injury, property damage or consequential damages.
  • Client assumes full responsibility for making sure all nonedible cake décor, including but not limited to, sugar flowers and structural items (i.e., dowels or straws), are removed from the cake before it is cut and served. Sugar flowers are made from edible materials but are not intended for consumption as wires are added for strength and flexibility to achieve a more natural look. DO NOT EAT DÉCOR.
  • You agree that certain creative changes may be made to your final design for the sake of stability, structural integrity or other certain emergencies.  
  • I will try my best to replicate an idea you have but know that I need to take creative license to not completely duplicate another artist’s work.