Terms & Conditions of Trading 2014

Organiser:

This document must be read by all stallholders accepted to trade.

Please ensure that everyone working with you or on your behalf has a copy & fully understand the terms & conditions of this document.

Stallholders who fail to comply with the Terms of Trading may be asked by the Organiser to leave the site. The Organiser reserves the right to request this without any obligation to Reason or to Refund any payment. In addition, the cost of removal may be charged to the stall-holder.

STALL REGULATIONS

Pitch Allocation

The allocation of the pitches and the positioning of spaces will be at the discretion of the organiser.

Pitches will not be allocated until stallholders have provided full payment along with all the required documentation, unless agreed in advance by the organiser.

The Organiser reserves the right to refuse or cancel any application which may already have been accepted.

The Organiser reserves the right to require the stallholders to move from their original allocated pitch should operational requirements dictate.

Payment Refund Policy

No refunds will be given in the event of adverse weather conditions, poor attendance or sales, or any other circumstance occurring outside the control of the Organisers.

Sub-letting

Participants MUST NOT sub-let or joint-let any part of their allocated pitch, unless agreed in advance with the organiser.

Cancellation by the Organisers

In the event of all or part of the event being postponed or cancelled, or in the event of failure or curtailment of any supplies, services or facilities offered to stallholders due to strikes, lockouts or other circumstance beyond the control of the Organiser, the Organiser shall not be liable in any way whatsoever in respect of any expenditure, damage or loss sustained or incurred by the stallholders.

If the Organiser cancels the event for whatever reason, the participant/stallholder agrees to accept the Organiser’s offer as complete settlement & discharge, & will not claim against the Organiser for any costs or expenses incurred.

Vehicle Access & Parking

Vehicle access to the site will only be to those authorised to unload/load and then move off site or to those authorised to park on site during the event.

Stallholders’ vehicles that form an integral part of the stall pitch will be permitted to remain onsite, if this is agreed with the Organiser in advance.

Stall Signage

Signs & exhibits must not be placed in such a way that they over shadow or obscure or cause a nuisance to any neighbouring displays.

Distribution of Leaflets

No promotional material is allowed to be distributed unless agreed in advance with the Organiser.

Alcohol

Stallholders MUST NOT sell alcohol products of any kind including low alcohol products or tasters/samples or offer alcohol as prizes in a raffle/tombola unless agreed by the Organiser. A Temporary Events Notice will be needed.

Security

Stallholders are responsible for the security of all goods on the pitch.

The Organiser is not responsible for overnight security.

If your activity/business requires any form of Licence, it must be available for inspection & agreed prior to the event.

Food/Catering

If you have any item on your stall that is to be put into the mouth to be eaten or drank (i.e. sweets, cakes,rolls, water, cans of drink, any other hot or cold food or drink etc), that you intend to sell or giveaway, these must have been declared on your booking form. Otherwise you will not be allowed to sell it/them.

Disposal of Refuse

Stallholders are solely responsible for the removal from their pitch of any refuse or other waste materials created as a direct result of their operation, to the designated collection point, if any or take rubbish home.

The Organiser will be responsible for maintaining the cleanliness of the public area between pitches. Stallholders are responsible for the maintenance of tidy & hygienic conditions in the immediate area of their pitch & for the removal of all waste material including packaging. The immediate area constitutes a 2m radius around each & every pitch.

Disposal of Hot Oil/Charcoals etc.

Please inform the Organiser in advance of your arrangement, if any.

Eviction of Stallholders

The Organiser reserves the right to evict any individuals connected to any stall, whose presence at the event is deemed to be prejudicial to the “Best Interest” of the event.

Non Compliance with Regulations

Failure to comply with the regulations will result in “pitch allocation withdrawal”. The Organisers’ decision is final.

Stall Health & Safety Requirements

The Organiser has a duty to ensure that the event takes place in the safest possible environment. In this respect you are reminded, that as an employer, you too have specific legal duties under the Health & Safety at Work Act 1974.

Section 2 of the act states that it is the duty of every employer to ensure so far as is reasonably practicable the health, safety & welfare at work of all their employees &/or volunteers.

Section 3 states that your operation be carried out in such a way as to ensure, so far as is reasonably practicable, that all persons not in your employment who may be affected by your operations are not exposed to risk to their health & safety.

Employers Liability Insurance is a legal requirement & should be included in your insurance, not merely an optional extra. You (or your organisation) must have this if you have any paid employees, members of your club, association or organisation and/or unpaid volunteers helping you on your stall.

Public Liability Insurance

All stallholders MUST produce Public Liability Insurance to cover their own legal liability arising out of their participation at the event. Cover of £5 millions is required, though a minimum of £2m may be accepted subject to agreement with the organiser. However, if you are selling any sort of food or drink, providing a fairground ride or similar, or anything mechanical or risky, the minimum cover MUST be £5m.This can be in the form of a general annual cover for your operation, which has already been arranged or specific cover for the event &/or activity.

Stallholders selling food and/or drink MUST have £5m public liability insurance, product liability insurance, food hygiene/handling certificate & provide confirmation of which Local Authority they are registered with.

Under NO circumstance shall the stallholder be allocated a pitch & permission to trade, without producing evidence of appropriate Insurance. A copy of the certificate MUST be forwarded with your application & available for inspection at every event.

No liability will be accepted by the Organiser, their servants, agents, independent contractors or sponsors for any injury (including fatal injury), illness, damage or loss whatsoever directly or indirectly occasioned to person or property, whether due to negligence or otherwise howsoever subject to the provisions of the Unfair Contract Terms Act 1977.

Power Supply

Stallholders must supply all their own “tested” electrical cables, when power is available on site. All electrical wiring & appliances MUST have been tested by a qualified electrician. An up to date copy of your test certificate, must be available for inspection, upon request. (Preferably NICEIC approved).

Petrol generators are NOT permitted unless agreed in advance with the Organiser & would be subject to same conditions as for diesel generators.

Silent diesel generators are permitted on the condition that the equipment is fit & safe for purpose & a “nuisance” is not caused to either, other traders or the public.

Equipment must not be running whilst refuelling & care must be taken to avoid fuel spillage. Fuel used & stored must be kept in an appropriate fuel transport container with a screw top lid. Containers must comply with all legal safety requirements, which the stallholder is responsible for.

Fuel must NOT be stored within your stall area.

Generators & cables must NOT be accessible to the general public. Barriers MUST be provided by the Stallholder & be erected safely & appropriately.

The Organiser reserves the right to demand the removal of any equipment deemed unsafe or about which complaints are received.

Moving Machinery & Equipment

The general public & visitors may not be familiar with certain equipment, machinery & set-up. Account MUST be taken of any problems which this may create.

Moving parts MUST be properly protected. Continuous safety precautions MUST exist & be maintained throughout the event. Children require specific consideration.

In the event of any incident or accident, a procedure to inform the Organiser & record in writing is the responsibility of the stallholder. The Organiser is responsible for giving you the means to do so, including any evacuation &/or emergency procedures.

Fire Precautions

All Stallholders MUST provide adequate fire precautions appropriate to their business, (Fire blanket &/or Extinguisher) & responsible for informing staff of Fire Emergency Procedures for their stall.

All participants using bottled gas MUST ensure the equipment is safely installed & provide inspection records for the equipment.

Stallholders are reminded of the need to comply with the Regulatory Reform Fire Safety Order 2005, whereby the onus is now firmly on the employer/stallholder to have in place adequate & sufficient fire safety arrangements & to have adequate & sufficient risk assessments in place & available for inspection.

Food Hygiene & Safety

All Caterers/ food stallholders MUST practice & have all relevant registration, qualification & Hygiene Certificates, which can be produced for inspection & verification, on application to trade with the Organiser.

All catering stallholders MUST produce for inspection a record of hot & cold food temperatures, along with their HACCP (hazard analysis critical control point).

All caterers will need to display signage describing any traces of NUT elements, allergies or substitutes to their produce.

All caterer/stallholders MUST produce for inspection COSH Risk Assessment for their business, including a Method Statement.

Temporary Structures

If using a gazebo, marquee or market stall or any other equipment, the stallholder is responsible for ensuring it is ‘fit for purpose’ and ‘fire regulated’ and inherently safe.

It is the stallholder’s responsibility to maintain the gazebo, marquee or market stall, whilst attending events & trading.

All structures & equipment will be subject to a visual inspection for safety. Please note this is at the discretion of the Organiser & is paramount that each stallholder carries out their own inspection & safety procedures in line with their duties of care under the Health & Safety at Work Act 1974.

The Organiser reserves the right to prohibit the use of structures &/or equipment and if necessary remove them from the event site if they are deemed unsafe.

Noise & Nuisance

Stallholders are NOT permitted to use amplification, unless previously agreed with the event Organiser, who in turn may have to make an application to the Local Authority, to be licensed to perform such an activity. This includes buzzers, bells, sirens, microphones & music.

The Organiser reserves the right to prohibit &/or remove any equipment or persons, which in the Organiser’s opinion is causing annoyance &/or disturbance to another. This is to include roaming promotional staff & distribution of promotional materials away from the Stallholder’s own pitch.

Where neighbouring stallholders cannot mutually agree on levels of such activities, the Organiser will act as arbiter. The Organiser’s decision will be final. Failure to comply with any decision the Organiser may implement will result in the persons concerned being dismissed from the event without prejudice.

Tombolas/Games of chance.

All tickets on one tombola/game of chance must be same price. No discounts for buying more than one ticket.

Tombolas/games of chance must be in aid of charity and proof of this must be supplied.

Damage to Site

Stallholders MUST ensure that no damage is caused to any carriageways, footpaths, street furniture, hard standing or grass areas, including trees, shrubs & plants.

Failure to do so will result in the Stallholder being liable for the cost of reinstatement of repair which will be undertaken by the Organiser.

Risk assessments.

Stallholders may be asked to produce a risk assessment for their stall, if deemed necessary or appropriate.

Further Information

Stallholders whose bookings are confirmed will be sent further information including the events trading times, setting up instructions & publicity material.

Any Questions?

Please contact the organiser on 01227 263595 or e-mail whitfest@btinternet.com

I confirm that I have read, understood & agree to these Terms & Conditions of Trading

I will give a copy of these Terms & Conditions to all others representing me/taking part at this event.

Please sign & date the booking form to confirm that you have received & agree to these terms & conditions.