The Sugar Shop - Bakery & Gifts                                                                                                   215 N. Fifth Street, Bellaire, Texas 77401

 

Cake Contract, Terms and Conditions     

The Sugar Shop - Bakery & Gifts                     713-478-4301

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PAYMENT TERMS FOR EVENTS UNDER $100 IN COST
1. Payment in full must be provided at the time of order placement or 21 days before the event in cases of advanced reservation.
2. COD is not accepted.

CUSTOMER PICK UP
1. The Bakery will not be responsible for any damage occurring to your cake once it leaves our facility.
2. Please review our special care instructions on our website to ensure that your cake is at its best on your event date: http://www.thesugarshop.co/cake-care.html
     a. Client Initial_____________
3. The Bakery recommends placing all cakes on a flat area of a Van or SUV or floor board of your vehicle, with air conditioning flowing around the cake, and a non-slip mat under the box or cake board to prevent sliding.
4. If damage occurs during transport, The Bakery may be able to repair it. Cost of repairs will be assessed based on whether the cake is returned to the bakery or if staff is required to go to the site for a service call, and the amount of time needed to make repairs. Cost of repairs will be negotiated and paid prior to repairs or service calls to the site being made.
5. Saturdays are very busy for us and The Bakery has specified a customer pick up time for you.  All cakes must be picked up by the customer at this time + or – 30 minutes.  Any late pickups will affect our delivery schedule and will incur late fees of $15 per half hour.  If you will be later than 5:00 pm, The Bakery suggests calling for delivery service.


PAYMENT TERMS FOR EVENTS OVER $100 IN COST
1. Your initial retainer of $100 is considered a down payment and date reservation toward your event’s cakes/desserts. This deposit is non-refundable and non-transferable.
2. Due Date___________
      a. 50% due at 4 months before the event (or at the time of booking if between 28 days and 4 months prior to the event) and is                 considered non-refundable and non-transferable.
      b. Client Initial ___________
3. Due Date___________
      a. Final Payment in Full is due 28 days before the event.
      b. Client Initial___________
4. If Payment Schedule is not met, The Sugar Shop – Bakery & Gifts, here and after “The Bakery”, assumes that the event has been canceled, and will have no further obligation hereunder. Any deposits/payments made to date will not be refunded and the delivery date will be made available to other potential clients.
5. Payments may be received in the form of debit/credit card, cash, money order, check, or Invoice. When mailing checks, include Date of the Event and Name of the wedding party or cake recipient in the notes section of your check.  COD (cash on delivery) is not accepted.


POSTPONEMENT AND CANCELLATION POLICY
1. We will do everything in our power to accommodate your new date in cases of postponement. However, if a new date is not selected and confirmed prior to 2 months  before  your original wedding date, The Bakery will assume that your event has been officially canceled, and our cancellation policy will apply.
2. If we are not able to accommodate your new date, The Bakery will consider your event to be “canceled” and our cancelation policy will apply.
3. Cancellation of your event will result in a partial to no refund.
     a. Cancelation prior to 3 months before the event: A cancellation fee in the amount of your initial deposit of $100 will be collected            by The Bakery from your total payments, and the remainder refunded in the form of business check
     b. Cancelation between 4 months to 28 days before the event: A cancellation fee in the amount of 50% of expected final payment            will be collected by The Bakery from your total payments, and then the remainder of your payment balance will be refunded in              the form of business check
     c. Cancellation within the 28 day window before the event will not be granted a refund except in cases of death in the immediate            family or deployment.

 DELIVERY
1. Due to the logistics of scheduling multiple deliveries and set ups each day, The Bakery requires a time “range” for delivery of your event cakes, as provided by you. You are responsible for confirming this time with your reception/venue staff or wedding coordinator. Cake tables must be set up and ready for us to arrive before the start of this time range. Plateaus, pedestals, risers and dessert trays must also be in place if we are not the providers.
2. Deliveries to outdoor sites are scheduled as close to the event time as possible, to allow for any last minute changes to cake table location or risks of damage, due to weather.
3. The Bakery understands that set up issues and slight delays arise during special events, and so The Bakery asks that you call to inform us of any changes to the time range for delivery, immediately, so The Bakery can do everything in its power to avoid scheduling conflicts. Please note the phone number at the top of this contract.
4. Please keep in mind that any delay to delivery affects not only The Sugar Shop – Bakery & Gifts and it’s staffed labor, but also all clients expecting delivery following yours. The Bakery charges $25 per half hour of delay in setting up our cakes at any venue, rounded up to the next half in cases of partial periods. Venue must be unlocked, opened, and cake table set up at the start of the time range to avoid this penalty. The responsibility of this fee is placed upon you, the paying client, and will be invoiced following the event.
     a. Client Initial_____________
5. Delivery times that are inflexible (that can only be made in a 2 hour window as specified by you or the venue) may incur an additional fee. For example, if you do not have flexibility of delivery, and your window for set up requires us to staff additional vehicles and personnel to meet all of our obligations, we may charge for added labor and delivery staff.

 OUTDOOR SITE
1. Outdoor settings are unpredictable. While The Bakery will do everything in its power to minimize weather damage, cake and sugar will melt in temperatures above 72 * and in high humidity. The Bakery is not responsible for damage caused by weather.
     a. Client Initial_____________

VENUE AND SITE CONDITIONS
1. The Bakery reserves the right to refuse set up of a cake in any location that is not properly air conditioned or weather proofed or on any cake plateau or stand that does not appear sturdy enough to hold the weight of our cakes. All efforts will be made to work with venue staff to find placement better suited for your cake to make sure it looks beautiful on your arrival.
2. Cake is heavy and requires a perfectly level and sturdy table and cake plateau/stand. The Bakery is not responsible for any damage caused by tables or cake plateaus/stands that were unable to withstand the weight of our cakes or improperly installed, or installed at a lean.
3. Once cakes are set up, they are not intended to be moved until served. The Bakery is not responsible for damage caused by others after the cake is set up by The Bakery.
4. Tall cocktail tables are not suitable for tiered cakes over 2 tiers tall, and are not recommended, as someone will have to climb a ladder to both set up the cake, and again at the reception to disassemble and serve your cake.
5. Please be aware that 5 tiered or larger cakes on a standard height table may require a step stool or step ladder to disassemble and serve.

FINALIZATION OF DESIGN:
1. We ask that all details and number of servings for your cakes be finalized 3 weeks before the event date.
2. Changes to the cake design and approved by the Client after execution of this agreement may result in total price changes.

VARIATION IN DESIGN
1. While The Bakery makes every effort to provide exactly the flavor, filling, decoration, size, color, shape, and design discussed during consultations, creating cake is an art form and may be subject to variations.
2. Color matching is not a precise science and different sugar substrates take color differently. The Bakery will do everything possible to make substrates match to each other and to match provided color swatches, but sometimes it is not possible to make a 100% perfect color match and some colors are just not achievable using food grade dyes.
3. The Bakery cannot match a “verbal” color or a color sent via electronic device, as all monitors display color differently. To attempt a color match, you must provide a color swatch 14 days in advance of the event.
4. To maintain stability and the integrity of your event cake, your cake will be equipped with items used in construction for stability, support and transportation. These include, but not limited by, dowels, pvc pipe, skewers, wires and straws. These will have to be removed during the cake cutting process and is the responsibility of the cake purchaser. The Sugar Shop – Bakery & Gifts takes no liability  for any damages to cake or personal injury by these structural additions. The Bakery reserves the right to make design and structural changes to your cake on site or off, without prior notification.
      a. Client Initial__________

ORNAMENTS, TOPPERS, FLOWERS
1. All ornaments and toppers should be brought to the bakery 7 days prior to your event so they can be assessed for weight and stability and cake reinforcements prepared. The Bakery reserves the right not to place ornaments on your cake if The Bakery feels that so doing will cause damage to your cake.
2. Our staff will add flowers to and around your cake for a nominal fee, if arrangements have been made in advance during consultation. Keep in mind that some flowers are harmful when eaten, and caution should be used by you and your florist when selecting flowers to insert into cake.
3. Fresh flowers should be brought to the bakery one or two days before your event, or be placed at the cake table at the venue, prepped and ready for use.
4. The Sugar Shop - Bakery & Gifts is not liable for any damage or illness caused by floral inserts into the cake.
     a. Client initial____________
5. You are responsible for ordering flowers from your florist to adorn your cake. ***We do have a floral account and we CAN order flowers, but we have a minimum order requirement of 25 stems per variety/color through our resource. A separate invoice is created for floral purchases through The Bakery.
6. Unplanned ornamentation, left for us at the cake table, will result in additional charges and an invoice for staff labor will be sent after setup. Please be sure to discuss on site decoration with us in advance of delivery to avoid additional charges.
     a. *Floral arranging fees are included in our Package Pricing, but not in A-La-Carte Pricing.
     b. Client Initial_____________

RENTALS
1. All rented equipment is to be returned to the bakery by Wednesday following your event, unless prior arrangements are made. (Keep in mind that we are closed Sundays and Mondays.)
2. A late return fee of $15 per day will be added to all returns made later than Wednesday following your event, unless prior arrangements are made.

PHOTOGRAPHY OF YOUR CAKE
1. The Bakery reserves the right to take and use photographs of your cake(s) and desserts, before, during and after set up, including scene type photos of the event location, to use for marketing, advertising, and promotional purposes, without compensation to you.

ALLERGENS
1. The Sugar Shop - Bakery & Gifts, is a licensed, insured, and health permitted bakery. While The Bakery can attempt to reduce some allergens in your cakes, The Bakery cannot prevent cross contamination in our common prep areas. The Bakery processes known allergens such as tree nuts, peanuts, wheat, dairy, corn, gluten, and eggs. You agree to notify guests of allergen risks and hold us harmless for any allergic reaction.

NATURAL DISASTER/ACTS OF GOD
1. Performance of this agreement is contingent upon the ability of The Sugar Shop – Bakery & Gifts, to complete this agreement when delay or default is caused by conditions beyond its control, including but not limited to , Acts of God, Government restrictions, war, terrorism, criminal act, insurrection, and/or any other causes beyond the reasonable control of the company.

The Sugar Shop - Bakery & Gifts LIABILITY
 1. The Sugar Shop - Bakery & Gifts, is limited to the liability of cost of your cakes ordered from The Bakery only.

JURISDICTION/CHOICE OF LAW
1. The Parties agree under this contract that any dispute, whether in law or equity, will be determined under the Laws of the State of Texas and agree that jurisdiction for any dispute arising from this contract or between the Parties hereto shall be in Harris County, Texas.

Client:

 ___________________________________________________


Date:

___________________

 

The Sugar Shop- Bakery & Gifts Representative:

___________________________________________________

Date:

____________________

 

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Revised 04/2016                                                                                                                                                                       Page 5