ECBG, LLC WEDDING ORDER TERMS & CONDITIONS

Your wedding cake order is subject to the following Terms and Conditions. Please read them carefully. By placing your wedding cake order, you accept these Terms and Conditions.

1. Order placement; cancelation; Request for Reschedule. Wedding cake orders may be placed online through our website or via email; phone orders are not accepted. Orders must be placed at least 30 calendar days before your event. Orders placed less than 14 calendar days before your event may result in a rush fee. Orders are not considered accepted until the deposit is paid in full. Orders canceled 7 calendar days or more before your event date will be refunded less the deposit. Orders canceled less than 7 calendar days before your event date will not be refunded and the deposit will be forfeited. Contract and proposal is valid for 30 days without down payment. After 30 days and no down payment, price is subject to change. Contract is valid as is with down payment. Request for reschedule of event date must be made 30 day in advance of original event date. Reschedule requests made in less than 14 days of original event date may result in an additional fee. No reschedule request will be considered within 7 days of original event date. Acceptance and confirmation of reschedule request is contingent on available production capacity on the date requested.

2. Deposit; Payment. A nonrefundable 50% security deposit is required and must be paid within 7 calendar days following your cake tasting. Orders must be paid in full at least 30 calendar days before your event date. Orders will not be fulfilled unless the entire balance due is paid in full at least 30 calendar days before your event date. Price is subject to change on a yearly basis.

3. Delivery; Setup. Delivery and setup is available for an additional charge which ECBG, LLC (“ECBG”) will determine. The delivery/setup charge will be added to your order when you place your order. You must make arrangements with ECBG for delivery and set up at least 7 calendar days before your event date. Rush charges may apply. ECBG is not responsible for failure of delivery caused by circumstances beyond its control, including without limitation, accidents, natural disasters, weather, illness or death, or labor disputes. ECBG is not responsible for damage to the cake after it is set up. Cakes are heavy and require a secure, sturdy table and suitable temperature. If you prefer to pick up your cake, please make arrangements with ECBG to pick up your cake. Pick up time will be between 11a - 1pm. *Subject to change. You assume all responsibility for the cake once you pick it up.

4. Changes. We will do our best to accommodate changes in flavors or decoration provided you notify us in a timely manner before your event date. For Weddings, we do not accept any changes less than three weeks prior to your event date. We do not guarantee that change requests will be accommodated. Changes may change the price of your cake.

5. Design/Decoration. Inspiration for your preferred decoration/design is appreciated and will be followed to the best of the decorator’s ability. Certain designs and colors may vary and are subject to the decorator’s discretion, ability and style. We cannot duplicate an exact copy of another cake or artist’s work.

6. Use of Cake Design. ECBG reserves the right to use any photos or media of your cake on its website and in any advertising or marketing/promotional materials without compensation to you.

7. Non-edible components; allergens. Your cake may contain non-edible items. We will tell you which items cannot be eaten. It is your responsibility to remove these items before serving the cake. We are not a certified gluten-free or certified vegan facility. Our cakes may contain or come in contact with ingredients which some people are allergic to including, without limitation, milk, wheat, nuts, soy, or other allergens. You agree to notify all who may eat the cake of this risk and defend, indemnify and hold ECBG harmless in the event any person who eats the cake has an adverse reaction.

8. Equipment. If you are renting materials such as a cake stand, columns, risers, acrylic tiers, etc., you are required to arrange for the return of these items to ECBG the week following the wedding date. If the materials are not returned within 7 days following the event, you will be subject to paying replacement costs.

9. Miscellaneous.

   • (a) Damage waiver; Indemnification. Neither ECBG nor its members, managers, officers, employees, or agents may be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the work performed by ECBG or products prepared for you by ECBG. You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless ECBG and its members, managers, officers, employees, and agents, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or arising out of any of your acts or omissions. These obligations shall survive ECBG’s completion of your order for all purposes.

   • (b) Severability. In the event that any provision of these Terms and Conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

   • (c) No waiver. The failure of ECBG to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions constitute the entire agreement between you and ECBG and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

   • (d) Venue; Jurisdiction; Attorney’s fees. These Terms and Conditions shall be governed by and construed in accordance with the laws of Illinois. In the event of any litigation to enforce or interpret these Terms and Conditions, the only proper venue shall be the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois, and each party hereby consents to the jurisdiction of that court. If ECBG retains the services of an attorney to collect payment due, ECBG shall be entitled to recover from you its reasonable attorney’s fees and costs even if ECBG does not initiate litigation. In the event of litigation to enforce or interpret these Terms and Conditions, ECBG shall be entitled to recover from you its reasonable attorney’s fees and costs in addition to any other remedy available to ECBG at law or equity.