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Special Notes: Final count for people attending the event must be submitted to CL by customer no later than two (2) weeks before the engagement. Attached to this contract shall be a rough sketch of the cake to be created by CL. This rough Sketch must be signed by Customer in addition to this contract or Customer agrees that Customer waives all liability or complaints as to appearance of the cakes. Signature of the attached rough sketch by Customer constitutes an approval of the cake design by Customer and an acceptance of the understanding by Customer that the ultimate Cake may not look exactly like the rough sketch, but will look similar to the rough sketch.
Price: Upon acceptance of this contract by Customer, a $25.00 deposit is required at the time of signing this agreement. An additional deposit may be required if CL is to deliver to Customer any valuable supplies, such as silver cake stands or other items, that need to be returned to CL. The deposit to be agreed upon is set forth above. Deposits will be returned to Customer so long as the items to be returned to CL are returned within ________ weeks of the engagement. Failure to return the said items within ________ weeks of the engagement by Customer shall constitute a breach of this Agreement by Customer and a forfeiture of Customer's deposit to CL. Customer agrees the price for the services provided for the Customer under this contract shall be _____________________. Payment in full for the services to be performed by CL shall be due by Customer no later than 72 hours before the event. Failure to provide payment by the due date by Customer shall constitute a breach of contract by Customer. In the event of a breach of contract by Customer for failure to provide payment by the due date, CL shall not perform the services described hereunder, and Customer shall be liable to CL for 50% of the full contract price as liquidated damages to cover for supplies purchased and other damages incurred by CL. Customer agrees this is a proper damage amount and agrees to said damage figures. In the event of a breach of contract by Customer, Customer waives any and all liability claims against CL for failure to perform the services described herein. In the event CL must take Court action to enforce the payment obligations of Customer and is successful in a Court of competent jurisdiction, CL shall be entitled to reasonable attorney=s fees from Customer in addition to any other damages it may be entitled to in a Court of Law.
Liability: CL is excited about the opportunity to provide excellent goods to Customer, however, Customer recognizes certain liabilities are out of the control of CL. Once any perishable item has been delivered to the Customer it is no longer in the control of CL, and Customer acknowledges that responsibility to refrigerate and preserve any and all items becomes the sole responsibility of Customer once the item has been delivered to Customer. Therefore, Customer waives any and all liability claims against CL for any liability arising from a failure to properly preserve and maintain any perishable food item after the item has been delivered to Customer by CL and Customer agrees to indemnify CL for any such claims made by any other party, including indemnifying reasonable attorney's fees. In any instance, Customer agrees the liability of CL cannot exceed the fees paid to CL by Customer under this contract, and cannot include any incidental, special, punitive, or consequential damages of Customer even if CL was advised of the possibility of such damages. This Agreement shall not be amended except by a written document duly signed by both parties. If any portion of this Agreement shall be declared invalid or unenforceable by a Court of competent jurisdiction in the Commonwealth of Pennsylvania, the remainder of this Agreement shall remain in full force and effect as though this Agreement never contained that portion. This Agreement and all controversies hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its principles of conflicts of law. Customer agrees that the Commonwealth of Pennsylvania, and specifically Berks County, shall be the sole venue for any litigation as a result of any disputes under this Agreement. No failure or delay on the part of CL to enforce any obligations of Customer under this Agreement shall be deemed a waiver of the rights of CL to enforce those obligations in the future. Customer may not assign any rights under this Agreement.
Lauren Ressler, The Cake Lady, LLC














