Cakepunk Service Terms
Between: CAKEPUNK INC. operating as Cakepunk, an Alberta cake baking and decorating events business (“CAKEPUNK”), and any individual person, business or other entity who engages in services as provided by CAKEPUNK.
Please read this Service Agreement carefully before confirming your Order with CAKEPUNK. By proceeding with a custom order or reservation, you agree to be bound by this Service Agreement. If you do not intend to be bound by these terms and conditions, all activity related to an Order will cease.
For good and valuable consideration, the parties agree as follows:
Price & Payment: The Customer will pay to CAKEPUNK the full price of their order (the “Price”) based on agreed upon details as determined during the consultation or ordering phase, and provided to the customer on their Order Form for confirmation. Pricing will be inclusive of the following, with GST to be added where applicable:
ii). Decorating Studio/Supplies
Customer will pay an agreed upon amount as a non-refundable deposit upon confirmation of the Order (the “Deposit”). The Deposit will be credited against the Price of the Order. Customer will pay the remaining balance of the Price to CAKEPUNK on or before the requested date of completion for the Order, or prior to delivery if being delivered. If Customer fails to pay the Price before the Full Payment Date, prior to the order leaving for delivery, or at the time of pick up, then the Deposit shall be retained by CAKEPUNK as liquidated damages and this Agreement shall be terminated immediately without further action or notice.
Design: CAKEPUNK will use best efforts to create the Order in accordance with its specifications above, provided that an exact copy of any design may not be possible due to intellectual property laws, materials used, and environmental considerations and CAKEPUNK may, in its sole discretion, modify, change or replace some or all elements, design, materials and/or ingredients of the Order. Colour matching, structural elements, and the use of ornaments for the Order are not guaranteed. Any use of flowers or other ornaments (edible or not) by the Customer is at their own risk and Customer indemnifies and saves harmless CAKEPUNK from any and all claims, actions, costs and expenses howsoever arising from the use of flowers or other ornaments (edible or not) and this section shall survive this Agreement.
Marketing & Promotional Images: Any intellectual property (copyright, design, or otherwise) in the Order is hereby the property of CAKEPUNK. CAKEPUNK may use all elements of the Order, including with out limitation design, images, photos, or other representations of the Order for its own commercial use and for marketing and promotional purposes. CAKEPUNK may take and use images, photos, or other representations of the Order including after set-up for the foregoing purposes.
Changes & Cancellation: Any change to the Order must be in writing and signed by each party to this Agreement. Any change to the Order may result in additional changes to the Price or the completion or delivery date. Customer may cancel the Order at anytime prior to the Final Payment Date provided that in such case the Deposit shall be retained by CAKEPUNK. CAKEPUNK may cancel the Order at anytime prior to the Final Payment Date provided that in such case the Deposit shall be returned to Customer.
Rentals & Other items: Should the Order include the rental, use or borrowing of any ornaments, equipment, tools, or any other items (the “Rental Items”) then CAKEPUNK may, in its sole discretion, set any terms and conditions on such rental including any deposit or late fee to be held or paid pending the return of the Rental Items and any rules for the use, transport, return, storage, display, or possession of the Rental Items. Customer bears the risk of loss of all Rental Items during this Agreement and shall indemnify and save harmless CAKEPUNK from any and all claims, actions, costs and expenses howsoever arising from the use of the Rental Items and this section shall survive this Agreement.
Classroom or Studio Setting: Where the Order includes time at the studio or classroom of CAKEPUNK’s operations (the “SHOP”), the Customer shall have the non-exclusive, revocable, license to use the SHOP or portion thereof, subject to rules of use set by CAKEPUNK from time to time which may include the Customer and any guest, invitee, or visitor of the Customer be required to sign a waiver of liability on the terms and conditions as required by CAKEPUNK in its sole discretion. Where the Order includes time at the SHOP then Customer shall indemnify and save harmless CAKEPUNK from any and all claims, actions, costs and expenses howsoever arising from the use of the SHOP, or anything therein, and this section shall survive this Agreement.
Event & Class Refund Policy :
All requests for withdrawals or transfers must be received with a minimum of 14 days notice. Refunds can be made prior to 14 days notice, minus an 8% service charge. If the ticket holder is unable to attend the class the ticket can still be transferred to another participant however no refund or credit will be issued. Within 72 hours of an event, if the ticket holder is unable to attend and is unable to find someone to attend in their place, no refund or credit will be issued. Any exceptions to this policy will be determined by CAKEPUNK on an individual basis.
Additional Person Per Registration:
Class registration is typically 1 person per ‘spot’, unless otherwise stated in the class description. If you require another person to share or assist that registrant another ‘spot’ will need to be purchased at 50% the ticket price, unless otherwise stated in the class description.
Picked-Up & Shipped Orders: Where the Order includes the pick-up or shipping by Customer then CAKEPUNK will not be liable for the Order once in the possession of the Customer or once the Order has left the premises of CAKEPUNK at the direction of, or for the benefit of, the Customer (the “Shipped Order”). Customer assumes all liability for the transport, storage, set-up and display of the Shipped Order (including without limitation any level surface of sufficient weight bearing nature and temperature requirements etc.), or any failure or delay relating thereto. Customer may be required to confirm in writing their acceptance of the Shipped Order prior to the release of the same by CAKEPUNK. In the event that Customer fails to pick-up the Order by the date and time so indicated in the Order then CAKEPUNK may, in its sole discretion, charge additional storage fees to the Customer, provided that should such failure to pick-up continue for 7 days thereafter then the Order shall become the property of CAKEPUNK who may dispose or destroy the same with no compensation to Customer and the Price (including any Deposit) shall remain payable to CAKEPUNK.
The following recommendations are strongly suggested to ensure successful transportation from the Studio:
1. Always place product on a flat surface such as on the floor of the car, or in the trunk of a vehicle where it does not pose a hazard for damage. Please note ---> placing the cake box in someone's lap or on a car seat has a much higher likelihood of resulting damage.
2. Increase and decrease speed gradually to ensure there is no jarring or sudden movements to baked items. Turn corners slowly, the sharper the turn, the slower it should be maneuvered. Any sudden changes to either speed or direction can cause decorations to be dislodged or for the cake to tip over, even if the box appears to stay flat.
3. Be aware of road conditions. Poor surfaces, potholes and bumps are all hazards which must be avoided or driven over with caution. Cakes are fragile and will be susceptible to damage under these conditions. 4. Temperature can dramatically affect the stability and appearance of your cake. Orders should be transported and stored in dry, cool temperatures, away from any heat sources such as direct sunlight or floor heaters. Failure to do so can lead to drooping, melting, sagging or slumping of a cake or the decorations included.
Delivery & Set-Up: Where the Order includes delivery and/or the set-up by CAKEPUNK, then CAKEPUNK may, in its sole discretion, set rules to ensure the safety of the Order including anything relating to the transportation, storage, display, or use of the Order and including without limitation in relation to any surface, weight bearing structure, location, environment (indoors or outdoors), temperature, heat source, weather protection, plateaus, pedestals, risers , trays or any display whatsoever. CAKEPUNK may exclude any person from a specified distance from the Order until delivered or set-up is complete. Once the Order is delivered (or set-up if to be done by CAKEPUNK) then the Order is at the risk of loss or damage of the Customer. Any surface, structure, display, or area for the set-up or display of the Order to be supplied by Customer must be cleared and completed prior to delivery of the Order or CAKEPUNK may charge additional fees or retract or delay delivery in its sole discretion. In the event that Customer or its agent is not available at the time and location specified for delivery of the Order, then CAKEPUNK may charge additional delivery, set-up and/or storage fees in its sole discretion and CAKEPUNK may complete the delivery with any such variation as required in the circumstances, acting reasonably. Where delivery involves an outdoor location, CAKEPUNK will not be responsible for any damage or liability from such location including without limitation howsoever relating to bugs, weather, sunlight, humidity or temperature.
Dietary Restrictions & Allergies: CAKEPUNK shall not be liable for any dietary restrictions, sensitivities or allergies howsoever relating to the Order which may contain nuts, diary, wheat, corn, gluten, eggs, dyes, flavours and other natural and non-natural ingredients. Customer bears the risk of any and all reactions, illness, or responses (allegoric, medical, or otherwise) and shall indemnify and save harmless CAKEPUNK from any and all claims, actions, costs and expenses howsoever arising from reactions, illness, or responses relating to the Order and this section shall survive this Agreement. Customer shall take all prudent steps to determine any dietary restrictions, sensitivities or allergies of any person consuming the Order or any portion thereof.
Force Majeure: If, for any reason beyond a party’s control, (including but not limited to strike, labour dispute, acts of war, acts of God, fire, flood, weather, illness requiring hospitalization, delay in supplies, accidents, or other circumstances beyond the reasonable control of CAKEPUNK or Customer), that party is unable to perform its obligations under the provisions of this Agreement, such non-performance is excused and shall not constitute grounds for discount, refund or any other compensation, provided that if item(s) of the Order are not completed at the time of the uncontrollable circumstance, then all payments relating to those items will be refunded to the Customer, and further provided that if the entire Order is completed at the time of the uncontrollable circumstance, but cannot be delivered with four hours from the specified time due to uncontrollable circumstances as described above, the Customer will be refunded 50% of the total cost of item(s) plus any delivery fee charged should the Customer wish to cancel the delivery. Notwithstanding the foregoing, delay in transit beyond the reasonable control of CAKEPUNK shall not constitute grounds for discount, refund or any other compensation to Customer.
Warranty & Disclaimer: CAKEPUNK hereby warrants that the Order will be performed in a reasonable, professional, and workmanlike manner. The entire liability of CAKEPUNK, its directors, officers, employees, and agents (all CAKEPUNK for this Article), if any such liability, and the Customer’s exclusive remedy with respect to any claim, costs, damages, expenses or injuries under or in any way related to this Agreement shall be limited to the recovery of the Customer’s actual and direct damages as proven in and assessed by a Court in a maximum amount equal to the Price. Notwithstanding anything herein, in no event shall CAKEPUNK be liable for any loss, contracts or Customer’s use of equipment, facilities, interruption, failure to realize expected profits, savings, or results, or for any indirect, consequential, incidental, special, punitive or exemplary damages, howsoever caused or arising, incurred by Customer or any other person even if CAKEPUNK has been advised of the possibility of the same or even if same were reasonably foreseeable. The provisions of this Article shall apply whether the claims or actions for damages arise, either directly or indirectly, as a result of contract, tort (including negligence), or any other statutory, legal or equitable grounds. The terms and conditions contained in this Article shall survive this Agreement.
Miscellaneous: This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements between the parties. This Agreement may not be modified or amended except by an instrument in writing signed by both parties. The clauses in the Agreement are distinct and severable and if any clause is held to be illegal, void, or unenforceable in any way, it shall not affect the legality or validity of the remaining clauses of this Agreement. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. This Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta. The parties attorn to the jurisdiction of the Courts of Alberta and agree to such forum. This Agreement
__________________________________ Per: Heather McGrath, Director