Catering Services Terms and Conditions
When contracting Catering Services from Cake Palate Designs, LLC® (hereinafter “Me”, My”, “I”, "We", "Us", "Our", “Cake Palate Designs, LLC”) you (hereinafter “You”, “Your”, “Customer”, “Client”) agree to the following Rental Terms & Conditions:
Your signature or payment on your contract establishes a legally binding agreement between you and Cake Palate Designs, LLC. Cake Palate Designs, LLC reserves the right to decline to provide our goods or services to a customer. It is our policy to comply with all applicable state and federal laws prohibiting discrimination in employment based on race, age, color, sex, religion, national origin, disability, or other protected classifications.
Cake Palate Designs, LLC Responsibilities
You acknowledge that Cake Palate Designs, LLC is not responsible for breaches of the contract timeframe that are beyond our control, including vehicle failure, weather, heat, humidity, rain, snow, sleet, ice, freezing rain, labor disputes, or strikes, inclement weather, transportation problems, illness, or other factors beyond our control will not be honored; also known as Force Majure. In the case of an unavoidable occurrence, regional security or any acts of God, a car accident, poor road conditions”. The delivery schedule included in your contract is an approximation that doesn't constitute a guarantee. Cake Palate Designs, LLC reserves the right to substitute items based on availability at our sole discretion.
Your order is very important to me please look over your contract thoroughly, and the event details to ensure everything is correct. If you find a mistake, please let us know immediately.
Order Policy: Due to the time it takes to prepare catering orders, all orders need to be received and paid in full 60 days before your event. Note, some menu selections may require additional notice or a substitution may be required.
Date Hold – A non-refundable $100.00 retainer is required to reserve your event date if you are not ready to place an order. The retainer will be applied toward the balance of your order if you book with Cake Palate Designs, LLC. A signed contract and a deposit of 50% of the order total are due within 30 days of paying your retainer.
If you are planning for a small event with fewer than 25 people, call for a customized quote. Otherwise, there is a 25-person minimum and a $250 order minimum for delivery for the Mini Dessert Bar. You are responsible for providing a final guest count two weeks before the event.
Special customized items must be paid in full at the time of order. These orders may not be changed within six weeks of your event or once the products have been received/completed by Cake Palate Designs, LLC. Specialty names, items, or cake toppers must be paid in full when the order is placed. Specialty items, cake toppers, and names are yours to keep.
We do not and will not install, set up, or decorate items that were not provided by us or included in the contract. The catering services contract total includes set-up, cleanup, and removal of all items provided by Cake Palate Designs, LLC with delivery. These terms do not apply to pick-up orders. If you opt to pick up the order the cost of catering services will not be adjusted.
After pick up or delivery, it is your sole responsibility to ensure that the catering services provided are adequately refrigerated and served promptly. Grazing tables, boards, charcuterie services, and desserts can and should be refrigerated at all times until one hour before serving. After four hours items must be refrigerated or discarded to maintain food safety for consumption.
Cake Palate Designs, LLC does not issue refunds for any reason, including inclement weather. Should severe weather or wind become an issue, Cake Palate Designs, LLC reserves the right to refuse or deliver the order due to the risk of inclement weather conditions. The client assumes all risks and hardships involved with having an order delivered during inclement weather or an outdoor event. Please discuss alternate plans with your event coordinator or with us ahead of the weather.
Cake Palate Designs, LLC is not responsible for revising your event design the day of or before your event, should inclement weather be ensuing. We desire your event goes as smoothly as possible. However, if you choose to proceed with your plans during inclement weather, you assume full responsibility for wind and weather damages. If Cake Palate Designs, LLC arrives for a delivery and the weather is bad or impending, we will call you or a contact person to discuss alternate arrangements. Please provide an alternate point of contact name and number should you be unavailable on the day of your event.
Your credit card will be used for your contract, reservations, damages, missing items, late fees, replacement fees, cleaning fees, or added services. For all orders, 50% of the order total is due at the signing of the contract unless a retainer is paid. The remaining balance is due in full 30 days before the date of the event. If the balance has not been paid by the due date indicated, we cannot guarantee the services requested, and any deposits or payments made will not be refunded and are non-transferable.
The credit card will be charged if changes are made on the day of the event, such as added services, labor, or additional items that are requested or required. Checks are not accepted! If payment is not rendered, we will only provide the paid contracted services.
Once the contract has been confirmed, signed, and established, only additional items may be added to the menu with additional costs paid at the time of addition. Deletions and or exchanging of the menu will not be allowed. The date of your final payment is the final date for any changes or additions, styles, or flavors of the cake, desserts, and or food products ordered. Any changes after this date cannot be guaranteed and may be subject to additional charges.
All order or service changes must be made in writing and mailed or emailed to avoid any confusion. An updated detailed invoice will be submitted following any changes to your order by email. Additional services require an appropriate payment and will be charged to your credit card unless other terms and payments are specified. Emails are considered legal and binding and do not require a signature to be valid. There will not be any other changes allowed outside of the terms and conditions noted. You or your authorized representative must sign for your delivery. Cake Palate Designs, LLC reserves the right to substitute items based on availability at our sole discretion.
If you cancel your order before the event, or before we have a chance to deliver your order to you, you forfeit the entire value of the order. When I take your event order, I begin the process of declining other orders. As I get closer and closer to your event date, the chances of re-booking your date are greatly reduced. Therefore, there will be no refunds, future credit, or date changes permitted under any circumstances. We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on canceling your purchase.
If unforeseen or emergency circumstances outside the control of the parties make it impracticable to uphold this contract, including but not limited to force majeure events, ongoing COVID-19 outbreaks, or an emergency affecting the Client’s event venue, the parties agree to give notice to one another as soon as possible. You understand that your payment is nonrefundable in these circumstances. If unforeseen or emergency circumstances arise fewer than 5 days before the event date, the Client agrees to pay Cake Palate Designs, LLC in full despite the emergency.
We do not offer refunds on any purchases made on Cake Palate Designs, LLCs website. We will not offer refunds or exchanges for products that meet our quality standards once an order has been picked up, or delivered and “Accepted” by you, or another designated party. Additionally, under no circumstances will Cake Palate Designs, LLC provide a refund above the cost of the order if a refund were to be issued. All products are the responsibility of the customer once it leaves our possession. Any refund determined will be at the sole discretion of Cake Palate Designs, LLCs owner Arisha Love only.
With advance notice and availability if you need to reschedule your event for another date you may do so within 75 days before the date without a penalty if the contract is paid in full at the time of the rescheduling. If less than 75 days or only a deposit has been paid there will be a rescheduling fee of $250 to secure the new date if available since I will lose the ability to fill that vacancy on short notice. If you decide to cancel the event at this time, you forfeit the entire value of the order per our cancellation terms. There will be no refunds, future credit, or date changes permitted under any circumstances.
You agree to assume full responsibility and liability for any claims arising out of the use of catering services or attendants. You assume full responsibility to remove all non-edible décor before serving. Cake Palate Designs, LLC will not be liable for any injury, allergic reaction, loss, or damage directly or consequently arising out of the use of rental or any items provided by Cake Palate Designs, LLC. You agree to indemnify us harmless from all claims, actions, proceedings, costs, damages, and liability including attorney's fees and court costs arising out in connection with or resulting from the services of Cake Palate Designs, LLC.
Venue & Choice of Law:
Any lawsuit concerning this Contract must be brought in the courts located in Tulsa County, ColorOklahoma, or the US District Court for the State of Oklahoma. This Contract is governed and construed by the laws of the State of Oklahoma (without regard to its conflict of law provisions).
Although we take every precaution to prepare your food safely. Cake Palate Designs, LLC orders are made in an environment where milk, eggs, peanuts, tree nuts, chocolate, soy, sesame, wheat, and gluten products are used. For this reason Cake Palate Designs, LLC cannot guarantee they are free from traces of these or other allergens. You agree to notify your guests of this risk and hold Cake Palate Designs, LLC harmless for allergic reactions.
I cannot match a “verbal” color, or a color sent via an electronic device, as all monitors display color differently. To attempt a color match, you must provide a color swatch 30 days before the event. Although I make every attempt to provide the design as requested including matching colors, it may not be possible to match an exact shade, but I will come as close as possible.
Cake Palate Designs, LLC is not responsible for any damage to the catering selections after pick-up, delivery, or after setup is complete. We will not replace or refund damaged items. You are responsible for providing an appropriate and sturdy table and environment for catering services. We recommend an optimal room temperature of 70 degrees Fahrenheit or below. In some instances, refrigeration may be required up to the point of serving.
If you opt to assign a designated person to pick up the dessert items, be sure they can transport, lift and carry all the items and ensure there is a clean and clear space for the items to be level set. You assume all liability and responsibility for the condition of the desserts once the items leave our possession. If the desserts are damaged and in need of repair, we assess a $75 damage fee if we are available. If we must travel to make the repairs mileage will be assessed at $1.24 per mile.
Upon pickup or delivery, we require you or someone you trust responsibly to inspect that the items are satisfactory and sign a release waiver. Any concerns must be addressed at the time of pickup, delivery, and setup before exiting the premises. Once the release is signed, we are not responsible or liable for any concerns, mishaps, or complaints thereafter.
Damaged Missing or Stolen Items
In the event any item(s) owned by Cake Palate Designs, LLC is damaged due to the guest misuse, stolen, or missing. You assume full responsibility for the item(s) upon possession and agree to pay the full replacement cost for the item(s). If damaged, you agree that you will cease using the item or equipment as soon as it becomes unsafe, or you observe it in a state of disrepair. You will notify us of the hazard immediately and continue taking reasonable steps to prevent persons and properties from sustaining injury or damage until our representatives personally relieve you of responsibility for the item(s). You agree to indemnify us harmless from all claims, actions, proceedings, costs, damages, and liability including attorney's fees and court costs arising out of, in connection with, or resulting from the use, or continued use of the item(s) or equipment belonging to, rented from or loaned by Cake Palate Designs, LLC.
In the event, you are dissatisfied with Cake Palate Desings, LLC's performance of its obligations contained in your Contract and claim any breach of this Contract and or claims any breach of duty on the part of Cake Palate Desings, LLC including, but not limited to, claims of negligence, breach of contract, breach of warranty, or any other claim of any kind or sort, the maximum amount you can recover from Cake Palate Designs, LLC in any suit against Cake Palate Designs, LLC is the amount you paid to Cake Palate Desings, LLC. Under no circumstances will you be entitled to recover any damages from Cake Palate Designs, LLC, beyond the Contract price.
If you intend to use fresh flowers to decorate any items, you must obtain your flowers from an outside reputable florist. You acknowledge that fresh flowers are not a food product, and may contain pesticides, insects, dirt, or other contaminants. The person placing this order should obtain a notice of plant safety, in question, from the florist. We will carefully wrap the stems before placing them on any of the items. You assume all liability and responsibility if anyone other than Cake Palate Designs, LLC, places fresh flowers on any ingestible item(s) provided by us, and agree to indemnify us harmless from all claims, actions, proceedings, costs, damages, and liability including attorney's fees and court costs arising out of in connection with or resulting from the actions of someone else providing this service.
By signing this agreement, you agree that Cake Palate Designs, LLC reserves the right to take and use photos taken at your event containing our products for marketing and promotional purposes without approval, or compensation to you. We will also request photographs from your photographer for the same purpose, and properly credit the photographer in our marketing (if the photographer agrees thereto).
Non-Payment or Breach of Contract
No services contained in this contract will be rendered, delivered, or available if the Dessert Bar Contract is not signed and any balance due remains unpaid before your event.
Once the contract has been signed and any balance remains beyond the due date at my discretion, if the invoice remains in effect a late fee of 15% of the total order cost (excluding taxes) will be assessed and payment in full is due at the time of confirmation. Order(s) may be donated to charity or resold at the discretion of Cake Palate Designs, LLC.
No payments will be accepted beyond the event date. No exceptions!
If payments are not received by the due date, and the credit card on file becomes invalid, expires, or we are unable to authorize it, your non-payment will be considered a breach of contract, and all previous payments are forfeited.
Cake Palate Designs, LLC is not contractually obligated until the Dessert Bar Contract has been signed or payment in full has been made. We will attempt to contact you using all phone numbers and email addresses provided. You will not receive a notice in the mail. We understand situations happen outside of your control, and we will work with you if you experience difficulties. It is possible to modify your contract, but we must be notified immediately of any changes and all changes must be approved by Cake Palate Designs, LLC in advance. Please call us directly to discuss this – please do not email or text. All requests received by email or text will be disregarded and are not honorable.
If you, your family members, or your friends are opting to decorate yourself or use your decorator, such person(s) are also required to abide by our guidelines, but you (the client) will be held responsible for damaged or missing items owned by Cake Palate Designs, LLC.
Cleaning Preparation and Room Readiness
If upon arrival, Cake Palate Designs, LLC discovers that tables, containers, the area for set-up, or other items require cleaning before we can properly set up. We will attempt to locate someone to properly clean the area. If we are unable to identify someone, we will drop off your dessert bar items, and the remainder of your contract will be considered contractually fulfilled. You will be responsible for clean-up, or any other actions needed thereafter. We will only return to retrieve any item(s) owned by Cake Palate Designs, LLC unless the item(s) are rented. The rental contract remains in force as outlined in the Rental contract. There will be no refunds issued for set-up or cleanup fees.
Thank you again for choosing Cake Palate Designs, LLC for your event!
Last updated January 25, 2023