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Equipment Details If your cake / cupcakes require equipment such as a stand, or supports, a rental fee must be left with us at the time of final payment. The equipment must be returned to us in original condition no later than one week past the event date unless otherwise noted. If the equipment is not returned, returned late, or returned damaged, we reserve the right to charge you late fees and or the replacement value of the equipment.
Equipment Return Date:					______________	Equipment Rental fee:
Person Responsible for Return:				__________________________________________________			Phone:
Equipment Details

 

Cost
Cake Total:			Deposit Amount:
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Misc:			Deposit Due Date:
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Delivery			Balance:
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Equipment fee			Balance Due Date:
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Terms:

Deposits, Fees, and Payments Your initial deposit reserves your event date and is non-refundable. After acceptance of this contract by the said parties, signatures will bind promise of full payment by the customer for goods and services rendered. In the event of breach of contract, the deposit will be forfeited; if no deposit was made a fee of $50.00 will be charged. The date of the event is considered “booked” upon receipt by Enchanted Cakes of Brevard of a non-refundable deposit, any equipment deposit, and the completed, signed contract. Payments of the balance due are to be made as follows: by the due date indicated above or contract is null and void, and deposit will not be refunded. A fee of $35.00 will be applied for any returned checks. Payment must be made ONLY by cash, money order, in state personal check or PayPal. Upon final payment, a receipt will be issued and all elements of size, style, and other requirements finalized. The Client is responsible for keeping track of any payments due and ensuring their timely payment. The Client will have a grace period of five (5) calendar days — not business days — after the stated payment due date before cancellation of the order and forfeiture of all monies paid to date. Late payments received during the grace period will be assessed an additional $50 late fee. Return of any equipment past the return date will incur a $25 late fee. Cancellation Due to Non-payment. Should the Client fail to make any periodic or installment payment due Enchanted Cakes of Brevard will cease work without breach of contract, the order will be considered canceled and no refund will be given. Enchanted Cakes of Brevard is not responsible for the Client not having a cake supplied by Enchanted Cakes of Brevard if the Client fails to complete all payments and deposits required prior to the reception by the specified deadlines. If payment is not made in full by at least 14 days before the reception date, NO cake will be made and the order will be canceled with forfeiture of all monies paid to date. Liability The Client assumes full responsibility for the guests and agrees to indemnify and hold Enchanted Cakes of Brevard harmless from and against all bodily injury, property damage or consequential damages the guest may cause to the item(s). Enchanted Cakes of Brevard is not responsible for any shortage of servings, caused by a guest, caterer, wait staff member, or any other person not employed by Enchanted Cakes of Brevard who serves the item(s). Fulfillment of Contract Enchanted Cakes of Brevard shall not be held liable for any delay or inability to deliver and its obligation to perform will be modified to the extent necessary based on: accidents; natural disasters; unforeseen transportation problems the day of delivery; inclement weather that prohibits travel; illness, hospitalization, or death in the immediate family; labor troubles, disputes or strikes; delays in delivery of supplies; non-performance of suppliers; an act of God; or any other circumstances or causes beyond Enchanted Cakes of Brevard control that affect performance as contracted. Delay in transit shall not constitute grounds for discount, refund or any other compensation to Client. If Enchanted Cakes of Brevard cannot perform as contracted due to the aforementioned conditions: If item(s) ordered are not completed at time of uncontrollable circumstance, all payments, including the non-refundable retainer fee, will be refunded in full. If item(s) are completed at the appropriate time, but cannot be delivered due to uncontrollable circumstances as described above, the Client will be refunded 50% of the total cost of item(s) plus any delivery fee charged. Refunds will be issued within 90 days. Client agrees to hold Enchanted Cakes of Brevard harmless for any cost beyond the cost of the cake. Postponement/Cancellation Policy If for any reason the event must be postponed, the Client must contact Enchanted Cakes of Brevard immediately as the requested new date may or may not be available. If the requested new date is available the following conditions apply: If the postponement occurs before the final payment date, 14) days prior to the event, no penalty or change fee will be assessed. If the postponement occurs after final payment, 14 days prior to the event, a change fee of at least $100 or more will be assessed based upon the cost of the amount of product already made and now unusable. If the requested new date is not available, the order will be cancelled. If such cancellation occurs before the final payment date, 14 days prior to the reception, a refund of all monies paid less the non-refundable retainer will be made. If such cancellation occurs after final payment, 14 days prior to the reception, a refund of 50% of all monies paid less the non-refundable retainer will be made. If the Client cancels the order for any reason save the death of the bride or groom, or of an immediate family member (parent, sibling, grandparent, bride’s or groom’s child), these conditions apply: Cancellations up to sixty (60) days in advance of your reception date, will receive a refund all of payments less the non-refundable retainer. Cancellations between 60 and 30 days in advance will receive a 50% refund of all monies paid less the non-refundable retainer. Cancellations after final payment, 30 days before your reception, forfeit all monies paid. Changes to Order: Any changes will affect the final cost of the cake and will be included in the amount due. Only the Client, the signatory on this contract, and NO other individual (e.g. mother, father, mother-in-law, father-in-law, fiancée, sibling, relative, friend, wedding planner/coordinator, etc.) is authorized to make changes to this contract. Any change to the overall design concept, must be submitted no less than 14 days before the reserved date. The date of the final payment, 14 days in advance of the reserved date, is the final date for any change to the number of servings required and/or the flavor(s) of the cake. When the final payment is made, the number of servings required and the flavor(s) of the cake will finalized. Enchanted Cakes of Brevard shall be the sole arbiter as to what constitutes a reasonable change and reserves the right to refuse those changes deemed unreasonable. All changes are subject to availability. Replication of Supplied Cake Design and Design Elements Enchanted Cakes of Brevard cakes are individually designed. Exact replication of a supplied pattern, design, style, decoration or of another cake artist’s work is not possible and cannot and will not be guaranteed and may be illegal due to copyright restrictions upon the original pattern, design, style, decoration or another cake artist’s work. Enchanted Cakes of Brevard will provide a product representing Enchanted Cakes of Brevard interpretation of the desired pattern, design, style, decoration or another cake artist’s work. Cake designs are the sole property of Enchanted Cakes of Brevard and the cake artist has total creative freedom in the final design of the cake. The cake artist reserves the right to make last minute changes or substitutions. Serving Amounts and Sizes Serving amounts provided by standard shape cakes are based on the wedding industry standard of eight (8) cubic inches of cake per serving: a 1 inch wide x 2 inch long x 4 inch high slice of cake. Specialty carved cake serving amounts are estimated and are not guaranteed to be exact. Enchanted Cakes of Brevard warrants all cakes will provide at least the requested industry standard size number of servings when properly served according to the industry standard size. The number of actual servings created during actual service of the cake cannot be guaranteed as methods of slicing, such as serving larger than then industry standard 1x2x4 size slice, or other preparations will affect the number of actual servings. The Client understands and accepts these terms and variables and has ordered accordingly Use of Fresh Flowers Flowers for cake decoration are the responsibility of the Client to purchase. It is the Client’s responsibility to select wisely with the assistance of the Client’s florist. The Client acknowledges that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants and that some flowers and foliage are in fact toxic and poisonous. The Client’s florist is responsible for making sure that the flowers and foliage are safe to place on an edible cake, are free from any kind of chemicals/toxins, and will not result in chemical ingestion and/or poisoning of the guests. The florist must deliver the flowers to the venue at least 1 hour prior to the event so that Enchanted Cakes of Brevard may place the flowers on the cake. Under NO circumstances is the florist or any other person other than Enchanted Cakes of Brevard allowed to place the flowers on the cake. If there are flowers Enchanted Cakes of Brevard will arrange up to 25 stems free; $1 for each additional stem plus any flower picks needed. Allergy & Dietary Warning Enchanted Cakes of Brevard does not, cannot, and will not cater to specific allergy or dietary restrictions. baked goods may contain or have come in contact with one or more of the following ingredients, any one of which can produce an allergic or other medical reaction: Wheat and its derivatives, Gluten and its derivatives, Corn and its derivatives, Soybeans and their derivatives, Eggs (whole, whites, and/or yolks), Milk and milk products/derivatives, Tree nuts and their derivatives, Peanuts and their derivatives, Tree nut oils and their derivatives, Peanut oil and their derivatives, Tree nut extracts, Natural dyes, Natural flavorings, Artificial dyes, Artificial flavorings, Sugar, Artificial sweeteners, Other allergens not listed Enchanted Cakes of Brevard cannot be held responsible for allergic, medical reactions, or a resulting allergy or medical reaction related illness to the ingredients resulting from eating the baked goods. The client will need to place a separate order with Heavenly Bake Shoppe if they require a cake with Allergy or Dietary restrictions. Ornaments(s)/Cake Topper Any ornament/cake topper must be given to Enchanted Cakes of Brevard by the final payment date, 14 days prior to reception. Enchanted Cakes of Brevard will not provide an inedible ornament/cake topper. Delivery & Setup A delivery fee is charged at the rate of $35 for the first 20 miles and $10 for each additional 10 miles or part thereof as determined using Google Maps and/or Garmin. This fee will be added to the final cost of the cake. Should the date, time or location of the reception change, the Client must notify Enchanted Cakes of Brevard immediately Enchanted Cakes of Brevard will not be responsible for the cake being late due to changes on he Client’s part of which Enchanted Cakes of Brevard is not made aware at least 48 hours in advance of the originally scheduled delivery date and time. Self Pick-up & Self Set-up If the Client elects to pick up and set up the cake, the Client assumes all liability for the integrity of the cake once it passes into the Client’s possession and the Client cannot hold Enchanted Cakes of Brevard having not delivered and set-up the cake, responsible for any problems that may develop with the cake after is has been transferred to the Client or the Client’s agent. Responsibilities of Client for Set-Up of Cake Due to the fragile nature of cakes, and to prevent any damage from occurring, the Client is responsible to provide: a detailed description of where cake is to be set up; an appropriate and secure table and environment for the cake to include: a sturdy, flat, and level cake table capable of easily supporting the weight of the cake without wobbling, leaning, or tilting, collapsing, or vibrating; the cake table in position and fully decorated (tablecloth, skirt, lights, etc.) before delivery of the cake; a temperature controlled environment, whether indoors or outdoors, that is maintained at 68-72 degrees from the time the cake is delivered and until the time the cake is served; a display area that is away from any and all known heat sources, including, but not limited to: central heating vents, radiators, portable heaters, massed displays of candles, high intensity lights, and/or sunlight whether direct or through an opening such as a window or door; a display area that is not subject to vibrations, regardless of source, including but not limited to being near the dance floor, near loudspeakers, or near a high-traffic area; if outdoors, a display area protected from wind, sun and any objects that might dislodge and/or damage the cake as well a cake table standing on a solid, immobile footing and not standing on bare ground. It is also the Client’s responsibility to make sure that the reception venue is open and available for set up no less than two hours before the start of the reception. Should the venue not be open and Enchanted Cakes of Brevard not able to setup the cake, we will continue on our delivery route and return to setup the cake at the end of the route. In this case, your cake may be late and Enchanted Cakes of Brevard will not be held responsible for late delivery. Should Enchanted Cakes of Brevard have to wait at the site for the hall to be opened; the Client will be billed for the time spent waiting at an hourly rate of $40 per hour prorated to the minute payable in CASH immediately. Liability after Set-up After setup is complete Enchanted Cakes of Brevard is not liable for any damage to the cake, including total collapse, which may occur as result of the actions of anyone present, be they any member of the bridal party, immediate family, relatives, guests (both adults and children), the photographer, the videographer, any performers (live or DJ), wait staff, and any and all other persons, who disturb or damage the cake by any means including, but not limited to: poking, touching, bumping the cake or the table/display stand/surface on which the cake is displayed, causing vibrations, exposing the cake to heat sources, exposing the cake to the sun and/or wind, and/or moving the cake to a different location or display area. Once cake has been delivered and assembled, Enchanted Cakes of Brevard is not liable for any damage including, but not limited to, cake spoilage or icing melting off the cake that may occur as a result of high temperatures, weather conditions, failure of the Client to provide a temperature-controlled environment at the appointed location, and/or failure to properly store and display the cake. Problems with decorations must be brought to the attention of the delivery person and must be photographed and problems with the cake must have a frozen sample returned for verification, no refunds on unsubstantiated claims and only partial credit on future orders for disagreements on quality of product. Photographs Enchanted Cakes of Brevard will photograph its cakes as well as possibly order copies of pictures from your photographer. Enchanted Cakes of Brevard reserves the right to use any photographs so acquired either for our own reference, for display, and/or promotion without compensation to you. Additionally, the signing of this contract shall constitute both a model release and a publication release regarding any use of the aforementioned photographs by any means of publication or reproduction for any editorial, advertising, and/or promotional use. Court and Attorney’s Fees In the event that the Client fails to pay Enchanted Cakes of Brevard all or part of the amount due, and collection procedures are initiated, the Client will be responsible for Enchanted Cakes of Brevard reasonable attorney's fees and costs, including on any appeal. Venue for any such action shall be in Brevard County , FL. If the Client initiates court proceedings and Enchanted Cakes of Brevard is found not at fault in the case, the Client will be held responsible to Enchanted Cakes of Brevard reasonable attorney's fees and court costs, including on any appeal. As necessary, Enchanted Cakes of Brevard will pursue legal action for reimbursement of said fees and costs. Term The term of this Agreement shall begin on _________ , 20____ , and shall expire on ____________ , 20____. General Provisions All work shall be completed in a professional manner. Neither the Client nor Enchanted Cakes of Brevard may assign this agreement without prior written consent from the non-assigning party. This agreement constitutes the entire agreement between the Client and Enchanted Cakes of Brevard, and supersedes any prior understanding or representation of any kind preceding the date of this agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this agreement. Enchanted Cakes of Brevard appreciates the Client’s willingness to follow these provisions. They exist to insure that the Client experiences a reception day with truly unique cake designs created especially for the Client and the style of reception.   CLIENT: I have read, understand, and agree to all that has been stated. I have received a copy of this contract for my records. I understand that I (the bride) am the only one authorized to make changes to this contract. Signature ____________________________________________________________ Name (please print)____________________________________________________ Date________________________________________________________________

 

Enchanted Cakes

(321)266-1566

info@enchantedcakes.net