Wedding/Custom Cake Contract
We are excited you have chosen The Buttery to be a part of your special day! Your cake is one of the most important accessories to your big day and our job is to make it beautiful, unique, delicious, and worry free.
DISCLAIMER: By paying the for this cake, it is an act of signing this contract that is legal and binding to the fullest extent of the law.
This Wedding/Custom cake contract (the "Agreement") is entered into by Buttery Bakery located at 702 Soquel avenue Santa Cruz, CA and (the "Client"). The Buttery Bakery agrees to create the quoted cake(s) as agreed upon. The client agrees to pay Buttery Bakery for the production of quoted cake(s). The following terms and conditions apply:
Deposit (For non-wedding cakes, full payment is required)
A deposit that is 50% of your quoted cake(s) holds your date. We will try to accommodate late inquiries but please contact us at least 6 weeks before. Again, without a deposit, there is no guarantee your date is reserved with us.
Final Payment
We require final payment 4 -5 week before the event. You are welcome to pay earlier for a peace of mind. The cake(s) will not be created if the final payment is not made. If the Client fails to make the final payment and does not respond, The Buttery will cease all work, the order will be cancelled and no refund will be given.
Changes to Quote
Please keep in mind, we are creating multiple cakes for any weekend so we need to be organized ahead of time. However, everything from design, flavor, serving count, logistics can be changed before the final payment is due. After the final payment, if changes are required, we may not be able to accommodate and there will be an additional fee.
Rescheduling/Postponement
The Client must notify us if there is a change in the date of the event. We will try to accommodate your schedule change; however, we ask that you give us at least a 2 week notice. Failure to do so will result in a change fee.
Cancellation
Any cancellations after the deposit has been made will result in a charge of $75 fee. After the final payment, cancellations will result in a charge of $250 or 50% (whichever is less). If a cancellation occurs 7 days before the event, there will be no refund.
Design of the Cake
Each cake(s) is custom designed by The Buttery. Therefore, cakes will never look exactly like a photo provided for inspiration. We reserve the right to alter any structural or aesthetic elements of the cake(s) without notice in order to create the design and determine the level of replication. The client understands that copyrighted images will not be duplicated under any circumstances.
The colors black, blue, purple, hot pink, red, or any shade of these colors cannot be guaranteed. These colors are unstable and may fade and /or bleed into surrounding areas. Dark colors may stain teeth and have residual flavor, and we determine color match quality.
Detail work out of frosting on the cake may not be possible in certain colors due to the risk of bleeding from high humidity in late spring to early fall.
It is understood that any ribbon added to the cake will darken in color due to the butter content in the icing. Ribbon that is added to a tiered cake will be provided by the client unless the bakery agrees to supply ribbon.
Adverse weather conditions (heat, rain, humidity) will affect the look of the finished product. Cake condition will not be guaranteed in this situation, or outdoors in any weather condition. You are responsible for providing an appropriate and secure table and environment for the cake. Cakes are heavy and require a sturdy table and optimal room temperature of 75 degrees or below.
Ornaments & Decor
All personally supplied items must be submitted to The Buttery at least 2 days before the event. It is understood that any items brought into The Buttery to be added on a cake for decoration is to be used at the bakery’s discretion. Clients assumes full responsibility for making sure all non-edible cake décor, including but not limited to, sugar flowers, 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.
Serving Amount & Sizes
We will do our best to make sure all your guest have enough cake. The industry standard for a serving size of cake at a wedding is 1”W x 2”L x 4”H. With different caterers/people slicing cake, serving size estimations are not guaranteed to be exact. The Buttery is not responsible for a shortage of cake if the pieces are cut too large.
Allergy & Dietary Warnings
We take cross contamination very seriously and do our best to keep ingredients separate. Our establishment uses nuts, dairy, egg, and wheat products daily so we can not 100% guarantee there isn’t possible contact. The Client is responsible for pointing out to guests of potential allergy hazards.
Fresh Flowers
We recommend that you consider adding inexpensive, fresh greenery around the base of your cake(s). If you are wanting fresh flowers on your cake, the Client has the choice of using our services or your florist. If you decide to purchase flowers and have The Buttery place them, flowers will be brought to us no later than 2 days before the event. It is important to note that not all flowers are safe to come into contact with food, so please discuss these options with your florist.
Delivery
The Client will provide clear delivery instructions to location and inform The Buttery of any adverse conditions or obstacles (steep incline, windy roads, dirt paths, etc) that may hinder the delivery and affect the quality of finished cake(s). Failure to disclose adverse conditions will result in the cake(s) possibly not being delivered. After satisfactory delivery and set up by The Buttery, the Client assumes full responsibility for the condition of the cake(s). The Buttery is not responsible for any damages to the cake(s) caused by a guest, caterer, or any other person not employed by The Buttery. The Client is responsible for providing a suitable environment for the cake(s) (away from heaters, vibrations, people, suitable surface, suitable outdoor setting). The Buttery is not responsible for tardiness if the venue is changed within 48 hours of the event.
Outdoor Setup
The Client understands that The Buttery is not responsible for the condition of products following outdoor setup. Due to the effects of outdoor weather conditions, table on unlevel ground, wind blowing undesirable atmospheric items (e.g., dirt, leaves, or branches), sunlight, insects and other wildlife, it is understood that products such as icings, fillings, cake decorations, etc, may not hold up and cannot be insured past satisfactory delivery.
Cake Toppers
Any items used to add decoration to the cake(s) such as cake toppers or other figurines will be added at the reception site upon request from the Client. If once at the site, the cake topper or figurines do not seem stable enough to leave on the cake(s), The Buttery reserves the right to leave them off the cake(s) in order to insure the structure and stability of the cake(s).
Self-Pick up
Our suggestion to the person selected to pick up the cake(s) is to completely clear the area in which you plan on placing the cake. We suggest a minivan, SUV or any vehicle that had great space in the back. The Buttery is not responsible for any aspect of the cake after it has been deemed satisfactory upon pickup. Poor road conditions, improper transportation methods and careless driving by the client may damage the cake(s). If you or your representative elects to pick up, transport, and set up the cake(s), you assume all liability and responsibility for the condition of the cake(s) once it leaves The Buttery. Please keep the cake(s) cool and away from the sun to prevent softening and melting. Please refer to our cake care instructions.
Our Obligation
We take our obligation to provide your cake(s) as agreed in this contract very seriously. However, should an unforeseeable event, including but not limited to inclement weather, vehicle accidents, acts of god, and other causes beyond reasonable control occur which prevents us from fulfilling our obligation, The Buttery cannot be held liable for more than the price of the cake, we will refund your payment in-full. In addition, if at all possible, we will work with you to find another qualified bakery to assist you with your cake(s) and will cooperate in transferring materials to the new bakery.
Photographs
We reserve the right to take and use our own photos of your cake(s) to use for marketing and promotional purposes, including advertising and promotion through our marketing partners, without compensation to you. We may also request photographs from your photographer for the same purpose again without compensation to you, though we may be able to credit the photographer in some marketing if agreed by us and the photographer.