CONTRACT/WAIVER
TERMS AND CONDITIONS
DEPOSITS, & PAYMENTS
1. The date of the event is considered “booked” upon receipt of a non-refundable deposit and signed contract.
2. The final payment is due on the date specified on the invoice.
3. Preferred methods of payment are Zelle, Square, paypal and Venmo, Cash payments are accepted at time of pickup for balance due.
FULFILLMENT OF CONTRACT
1. A contract that is unsigned by the customer will still be valid if the customer submits a deposit. By doing so, the customer agrees and acknowledges all terms of the contract.
POSTPONEMENT/CANCELLATION
1. The customer must notify Kellie Jo’s Sweet Treats if there is a change in the date of the event or a complete cancellation.
2. If the postponement occurs before 7 days of the event, no penalty fee will be charged.
3. If the postponement occurs after 5 days prior to the event, the customer will be charged a postponement fee.
CHANGES TO ORDER
1. Any changes must be submitted 7 days in advance.
2. There will be no changes allowed 4 days prior to the event.
3. Changes to the order may result in additional fees.
DESIGN OF THE ORDER
1. Kellie Jo’s Sweet Treats will follow the customer's requests closely to create the order as discussed.
2. Kellie Jo’s Sweet Treats cannot duplicate an exact copy of another cake artist’s work but will take into
account any inspiration pictures submitted.
3. Color matching is not a precise science and different sugar substrates take color differently.
4. Kellie Jo’s Sweet Treats 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. Kellie Jo’s Sweet Treats cannot match a color sent via electronic device, as all monitors display color differently. To attempt a color match, you must provide a color swatch 7 days in advance of the event.
STRUCTURAL INTEGRITY OF CAKES
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. Kellie Jo’s Sweet Treats takes no liability for any damages to cake or personal injury by these structural additions. The we reserves the right to make design and structural changes to your cake off site , without prior notification.
SERVING AMOUNT & SIZES
1. The serving size is 1⁄2 inches wide x 1 inches long
2. Serving size estimations are not guaranteed to be exact.
3. Kellie Jo’s Sweet Treats is not responsible for a shortage of cake if the pieces are cut too large.
ALLERGY & DIETARY WARNINGS
Kellie Jo’s Sweet Treats can attempt to reduce some allergens in your cakes, we cannot prevent cross contamination in our common prep areas. Kellie Jo's Sweet Treats 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.
Kellie Jo’s Sweet Treats baked goods may have come in contact with the following ingredients:
● Diary
● Soy
● Eggs
● Tree nuts
● Peanuts
● Wheat
● Natural dyes, artificial dyes, artificial flavorings, sugar, artificial sweeteners, artificial color and other allergens not listed.
The customer is responsible for pointing out potential allergy hazards to guests.
ORNAMENTS, TOPPERS, FLOWERS
1. All ornaments and toppers not provided by the Kellie Jo's Sweet Treats, should be brought to the Kellie Jo's Sweet Treats 7 days prior to your event so they can be assessed for weight and stability and cake reinforcements can be prepared. Kellie Jo’s Sweet Treats reserves the right not to place ornaments on your cake if Kellie Jo’s Sweet Treats feels that doing so will cause damage to your cake. Any toppers not used will be returned to you on the date of the event.
2. Fresh flowers should be brought to the Kellie Jo's Sweet Treats one or two days before your event to be prepped and ready for use. Keep in mind that some flowers are harmful when consumed, and caution should be exercised by you and your florist when selecting flowers for your cake.
3. Kellie Jo’s Sweet Treats is not liable for any damage or illness caused by floral inserts into the cake.
4. You are responsible for ordering flowers from your florist to adorn your cake unless other
arrangements are discussed and approved by the Kellie Jo's Sweet Treats.
5. All flowers and florals used by the Kellie Jo's Sweet Treats will be prepped and safely wrapped to ensure that they are safe to be applied to the cake. This does not mean flowers should be consumed. Kellie Jo's Sweet Treats strongly advises against the consumption of any flowers placed on the cake and does not assume liability for any injury as a result of this.
**All personally supplied items must be submitted to Kellie Jo’s Sweet Treats at least 2 days prior to the event.
PHOTOGRAPHS
Kellie Jo’s Sweet Treats reserves the right to take and use photographs of the cake for advertising, marketing, and promotional purposes without compensation to you.
OUTDOOR VENUE SETTINGS
Outdoor settings are unpredictable. While Kellie Jo's Sweet Treats will do everything in its power to minimize weather damage, cake and sugar will melt in temperatures above 72 °F and in high humidity. Kellie Jo’s Sweet Treats is not responsible for damage caused by weather.
COMPLAINTS/NEGATIVE REVIEWS
1. Kellie Jo’s Sweet Treats prohibits any customer from slandering, backbiting, or negatively reviewing our products/services online, in-person, or via any other forum before a complaint is made to us in writing.
2. Once the issue is settled, legally, monetarily, or otherwise, the customer is no longer allowed to mention the dispute on public forums, social media, or other platforms.
3. If a refund is issued to resolve a complaint, the customer accepts it as a sign of good faith, not an acknowledgment of fault and therefore they are not entitled to negatively review Kellie Jo’s Sweet Treats on the matter.
JURISDICTION/CHOICE OF LAW
The Parties agree under this contract that any dispute, whether in law or equity, will be determined under the Laws of the State of Utah.