Wedding Cake Contract - A Slice of Heaven

PROVISIONS FOR EVENT CAKE CONTRACT WITH A SLICE OF HEAVEN page 1

The prices stated on this Special Event Cake Order shall only be effective for a thirty (30) day period from the date as specified thereon, and shall be deemed only a proposal until accepted by the customer. This Special Event Cake Order must be accepted, signed and deposit made to A Slice of Heaven within such thirty (30) day period. A Slice of Heaven reserves the right to correct quantities or prices on this Event Cake Order due to typographical or mathematical errors. A Slice of Heaven shall provide notice by email of such corrections to Customer within thirty (30) days of the discovery of the typographical or mathematical errors by A Slice of Heaven.

At the time that Customer accepts this Agreement, by and through Customer’s signature on the front hereof, A Slice of Heaven requires a twenty-five (25%) nonrefundable deposit of the total invoice as to place this Special Event Cake Order on A Slice of Heaven’s work schedule and to secure Customer’s designated event date. The remaining balance of the total purchase price of the cake must be paid by Customer to A Slice of Heaven at least thirty (30) days before the event date. There will be no alterations to the cake contract, design, or quantity within the (29) days before the event.  All event cake orders placed within thirty (30) days before the event date must be paid in full (cash/debit/credit card only, no checks) at the time the order is accepted.

A Slice of Heaven shall charge Customer a security deposit on all accessories and equipment provided to Customer so as to ensure that the accessories and equipment are returned by Customer to A Slice of Heaven in functional, good working order and undamaged. All accessories and equipment must be returned to A Slice of Heaven within five (5) days following the event date in order for Customer to receive a full refund of the deposit of monies. If the accessories and equipment are returned to A Slice of Heaven more than five (5) days following the event date, the Customer shall forfeit one-half (1/2) of his/her deposit monies. Damage to rental equipment forfeits deposit.

A Slice of Heaven shall not provide any type of cash refund to Customer (except for the return of the deposit monies for accessories and equipment as herein above discussed in prior paragraph), but rather if a refund is determined by A Slice of Heaven to be due to Customer, then A Slice of Heaven shall provide Customer with a store credit for said amount.

This Agreement is based upon A Slice of Heaven providing materials of good quality, and A Slice of Heaven reserves the right to substitute like kind materials in such work. If Customer wants specific types of materials (e.g. brand, special quality, etc.) then the costs of such materials shall be adjusted accordingly, and any additional costs shall be borne by Customer. Any alteration or deviation requested by Customer from the specifications herein stated in the Special Event Cake Order, must be authorized by both A Slice of Heaven and Customer, by and through their respective signatures, so as to evidence agreement related thereto. Any alteration or deviation involving extra costs over and above the amount indicated herein will be executed only upon written order and authorization for additional work, materials and charges signed by Customer, and will become an extra charge over and above the proposed amount and shall be borne by Customer. Payment of these extra charges must be made by Customer to A Slice of Heaven at the time such alteration or deviation has been authorized by both A Slice of Heaven and Customer.

If Customer requires a specific color for the icing, decorations, flowers or any other material on the cake then Customer must provide a color swatch to A Slice of Heaven so as A Slice of Heaven can utilize its best efforts to achieve the desired color match.  Edible food color can be effected by heat, humidity, and Ultra Violet light exposure.  Great efforts are made to achieve the best possible color matching accuracy, but exposure to elements beyond our control once cake is completed cannot be warranted. (all cakes are photographed) The failure of Customer to provide a color swatch to A Slice of Heaven at least thirty (30) days before the wedding date shall relieve A Slice of Heaven from any and all liability related to such desired color match.

If Customer makes any type of a claim against A Slice of Heaven based upon the cake being unacceptable, for whatsoever reason, then A Slice of Heaven shall require that Customer provide proof of the cake being unacceptable by bringing in a sample piece of the cake, in sufficient size, to A Slice of Heaven within forty-eight (48) hours after the event date in order to provide A Slice of Heaven the opportunity to investigate such claim, and to determine whether Customer is entitled to receive any type of store credit.

A Slice of Heaven’s Cancellation Policy. The twenty-five percent (25%) deposit which Customer had paid to A Slice of Heaven upon acceptance and execution of this Agreement (as herein above discussed in Paragraph #3) shall always be deemed to be nonrefundable by A Slice of Heaven, regardless of when Customer cancels this Agreement.

All caterers are required to provide notice to A Slice of Heaven of any cancellations at least seven (7) days prior to the event date. Customer Initials_____PROVISIONS FOR EVENT CAKE CONTRACT WITH A SLICE OF HEAVEN page 2 Performance will be made by A Slice of Heaven in a prompt manner, but A

Slice of Heaven shall not be held responsible for damage of delay due to unforeseen events, accidents, civil disturbances, delays in traffic, fires, strikes, war, or other causes beyond A Slice of Heavens’ reasonable control.

Customer agrees to indemnify and hold A Slice of Heaven harmless from and against any and all losses, costs, claims, causes of action, damages, liabilities, or other expenses suffered or incurred related to any non-edible items including though not limited to fresh floral decorations, used on the cake pursuant to Customer’s request. As such, Customer assumes any all liabilities related to such matter.

Allergy alert. A Slice of Heaven may use bakery products that are produced in facilities that share production machinery with items containing tree nuts. As such, Customer assumes any and all liabilities related to such matter. If client chooses to transports cake, he or she assumes all responsibilities for the cake once they first handle the product beginning the time they first touch the completed product at the bakery.

Most custom cakes are not completely boxed and need to travel on a clean flat surface with adequate flow of cool conditioned air. Never hold in lap. Speed is not a problem but smooth acceleration, braking, and turning is extremely important. A cake can be destroyed in seconds if special driving instructions are not obeyed and is the responsibility of the client.

If it becomes necessary to employ a collection agency and/or an attorney to collect this account, Customer agrees to pay all costs for collection, whether suit be brought or not, including reasonable attorney’s fees, court costs, collection expenses, and other expenses incurred by A Slice of Heaven in order to collect this account. Should any party institute legal action concerning the performances due hereunder, the enforcement of any of the terms and conditions of this Agreement, or the rights and duties of A Slice of Heaven and Customer in relation to the other, the prevailing party should be entitled, in addition to such other relief as my be granted, to recover reasonable attorney’s fees and all other related court costs.

This Agreement constitutes the entire understanding between the parties hereto, and supersedes any and all prior agreements (either oral or written between the parties hereto; and there are no further or other agreements or understandings, written or oral, in effect between the parties related to the subject matter hereof, unless expressly referred to herein. Verbal understandings and/or promises and are not recognized or binding upon A Slice of Heaven. The entire 4 pages of this Event Cake Order comprise the entire Agreement. This Agreement has been made and entered into in the State of Florida, and, as such, this Agreement, and the performances due here under, shall be construed and governed in accordance with the laws of the State of Florida. Venue for purposes of any court action shall be in Sarasota County, Florida.

A Slice of Heaven will not be held responsible for the care, handling, movement, temperature or weather conditions beyond the time of delivery and set up by us. BUTTERCREAM CAKES PLACED IN DIRECT SUNLIGHT OR TEMPERATURES OVER 75 DEGREES IN NEVER ADVISED.  The event planner or contracted caterer that dictates the location of product assumes responsibility of location and set up format.

PERCENTAGE OF TOTAL INVOICE RETAINED BY A SLICE OF HEAVEN UPON CANCELLATION 30 or more days: 25% retained 30 days or less: 100% retained  The remaining percentage not retained by Slice of Heaven will be given in store credit. Store credit is only valid for 1 year from the original event date.  No cash refunds provided on contracted event cakes. Customer Initials ____________