Retainer

An initial retainer equaling 50% of total cost, including the cake, delivery charges, equipment deposit; and a signed contract must be secured prior to any services being performed by Creamed, The Confectionary.

It is understood that the Final payment is due at time of delivery or pick up. 

Expiration

Current event date is valid 1-week post origination date to secure services.

Payments​

It is understood that if the Client fails to make payments, Creamed, The Confectionary will cease work, resulting in a full order cancellation without refund. It is understood that the Client will have a grace period of 2 days after the payment date to pay debt before the contract is cancelled. It is understood that late payments after the 2 day period will be charged a $3.00 fee. All returned checks and surcharges will be charged a $30 fee. 

 

Allergy & Dietary Warnings

The client is fully responsible for notifying Creamed, The Confectionary of any allergies that the client or party may have, moreover, they are responsible for pointing out potential allergy hazards to guest.

Creamed The Confectionary’s baked goods may have come in contact with the following ingredients: 

• Gluten

• Dairy

• Tree Nuts

• Peanuts

• Natural dyes, artificial dyes, artificial flavorings, sugar, artificial color and other allergens not listed.

Serving Amount & Sizes

1. The serving size is  inches wide x  inches long x  inches high.

2. Serving size estimations are not guaranteed to be exact.

3. Creamed, The Confectionary is not responsible for a shortage of cake if the pieces are cut too large.

 

Design of the Cake

Creamed, The Confectionary will meet, and have full intentions of surpassing the clients expectations to the design Creamed, The Confectionary and their Client have discussed. It is understood that Creamed, The Confectionary cannot, and will not, duplicate an exact copy of another cake artist’s work. 

Delivery and Set Up

There is a delivery fee of .48c/ mile It is understood that Creamed, The Confectionary is not responsible for tardiness if the venue is changed within 48 hours of the event.  

Liability

It is understood that Creamed, The Confectionary is only liable for services completed and provided by Creamed, The Confectionary and cannot be held liable for the services of other contracted vendors. It is understood that in no event shall Consultant be liable for consequential damages of any kind.It is understood that the Client assumes liability once it passes into the Client’s possession. It is understood that it is the Client's responsibility  for providing a suitable environment for the cake (away from heaters, vibrations, people, suitable surface, suitable outdoor setting). Creamed, The Confectionary is not responsible for cake including collapse, melting, pokes etc. It is understood that Creamed, The Confectionary is not responsible for any damage to the cake or shortage of cake caused by anyone NOT employed by Creamed, The Confectionary. 

Photographs

It is understood that Creamed, The Confectionary reserves the right to use all photographs of the cake for advertising purposes.

Cancellation Policy

It is understood that the client must notify Creamed, The Confectionary if there is a change in the date of the event or a complete cancellation. If a cancellation occurs 15 days prior to the date of the event, all money will be refunded. If a cancellation occurs after 3 days prior to the event, all payments minus the 50% retainer will be refunded. 

Postponement Policy

If event is postponed, all services will cease at time of notification of postponement if no determined new date is provided. Payment schedule will be determined and readjusted post new event date notification. If client requires services to resume, post new event date being established, second payment will be required at time of service re-start. If the postponement occurs before 7 days of the event, no penalty fee will be charged.

If the postponement occurs after 3 days prior to the event, the clients 50% retainer will be nonrefundable and will be put forth towards their rescheduled date.

Fulfillment of Contract

It is understood that Creamed, The Confectionary is not responsible for any delay or inability to deliver based on accidents, natural disasters, transportation issues, inclement weather, illness, death, labor troubles, delay in supplies, disputes or strikes, or any other circumstance beyond Creamed, The Confectionary’s control.. In such a situation, Creamed, The Confectionary will obtain, upon approval of the client, a replacement to fulfill consultant’s obligations under the contract, at no additional charge to the client. It is understood that upon pick up, Creamed, The Confectionary no longer assumes any responsibility for damage caused to it. 

Contracted Vendor and Payments

Any rentals and/or subcontracted vendors contracted on behalf of client will be paid in full to Creamed, The Confectionary directly at requested deadline. Proper notice will be provided per cost.

Payment Schedule and Method

For your convenience, payments can be made online via HoneyBook.com using a valid credit card. Otherwise, payment is to be made by cash, venmo, cash app, check or PayPal. Note: Paypal incurs an additional 3% charge by PayPal that may be charged directly to client.

50% initial retainer due upon completion of the signed agreement for services. Remaining balance is due as indicated in the schedule below:

Attorney

If legal action is necessary to enforce the terms of this contract the prevailing party shall be entitled to reasonable attorney fees in additional to any other remedies to which that party might be legally entitled.

Appropriate Conduct/ Safe Working Environment: 

The Client(s) expressly agree(s) to take best efforts to provide Creamed, The Confectionary's staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to staff, Creamed, The Confectionary will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Creamed, The Confectionary shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Creamed, The Confectionary harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the Creamed, The Confectionary's work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Creamed, The Confectionary resumes work detailed in this Agreement.

 

Your cake is very important to us. Please carefully look over the event and cake details in the contract to make sure that everything is correct. If you have any further questions, please let us know! We will be glad to answer them. 

Please sign below to show that you agree the details of your order as stated in this contract.

The undersigned have read this contract, understand its terms, and agree to be bound thereby. Any additions, deletions, or revisions must be made in writing and approved by all responsible parties. The parties agree that this contract is the complete and exclusive statement of the mutual understanding of the parties.