Terms & Conditions for Trading, 2016.
This document must be read by all stallholders accepted to trade.
Please ensure that everyone working with you or on your behalf sees & reads a copy & fully understands 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. Any cost of removal may be charged to the stallholder.
Though requests for positioning of space and allocation of pitches will be considered, the final allocation of pitches and the positioning of space will be at the discretion of the Organiser.
Stallholders will not be allocated a pitch until full payment and the required documentation have been received by the Organiser, unless agreed in advance by the Organiser e.g. if the stallholder is paying a percentage of takings on the day. The final allocation of pitches will be once the site has been marked up.
The Organiser reserves the right to charge stallholders more for their pitch should the stallholder take up more than their allocated pitch or moves to a more expensive pitch.
The Organiser reserves the right to require stallholders to move from their original allocated pitch should operational requirements dictate.
The Organiser reserves the right to refuse or cancel any application which may already have been accepted.
Stallholders must not sublet any part of their allocated pitch, unless agreed in advance with the Organisers.
Payment Refund Policy
No refunds will be given in the event of adverse weather conditions, poor attendance, poor sales or any other circumstance occurring outside or beyond the control of the Organisers.
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 any 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 any offer the Organiser may make as complete settlement & discharge, & will not claim against the Organiser for any costs or expenses incurred.
Signs & exhibits must not be placed in such a way that they overshadow, obscure or cause a nuisance to any neighbouring stallholder/display or cover any Health & safety related signage
Distribution of Leaflets
Any one, including stallholders & attractions, must ask the Organiser for permission to hand out promotional leaflets whilst walking around the site.
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. This should be taken home to be disposed of or placed in the bins provided.
The Organiser will be responsible for maintaining the cleanliness of the public area. Stallholders are responsible for the maintenance of tidy & hygienic conditions in the immediate area of their pitch & for the removal of all waste packaging.
Disposal of Hot Oil/Charcoals etc
Please inform/liaise with the Organiser if this needs to be done.
If using a gazebo, marquee or market stall or any other equipment, the stallholder is responsible for ensuring it is ‘fit for purpose’ , ‘fire regulated’ , inherently safe and maintains it whilst trading.
All structures & equipment will be subject to a visual inspection for safety. Please note this is at the discretion of the organiser & it 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 structures &/or equipment and if necessary remove them from the event if they are deemed unsafe.
Staff 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 mended 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 that the health, safety & welfare at work of all their employees and/or volunteers is maintained so far as is reasonably practical.
Section 3 states that your operation is carried out in such a way as to ensure, as far as it is reasonably practical, 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 as an optional extra. You (or your organisation) must have this if you have any paid employees and/or any unpaid volunteers helping you or members of your club, association or organisation on your stall.
Public Liability Insurance
All stallholders MUST have adequate Public Liability Insurance. Under NO circumstance shall a stallholder be allocated a pitch & permission to trade without producing evidence of appropriate insurance. Under NO circumstance will this insurance be less than £2m. In most cases, the required appropriate insurance will be £5m, though £2m MAY be accepted if absolutely necessary.
If you are selling any sort of food or drink, you MUST produce Public Liability Insurance of £5m to cover your own legal liability arising from your participation at the event. In addition, anyone providing a fairground ride or similar, or anything mechanical or anything deemed risky by the Organiser must also provide evidence of cover of £5m.
Stallholders selling food and/or drink MUST have Public Liability Insurance of £5m, Product Liability Insurance of £5m, Employers Liability Insurance of £10m (see above), a food hygiene/handling certificate & confirmation of which Local Authority they are registered with,
and a copy of these documents MUST be forwarded to the Organiser when booking.
No liability will be accepted by the Organisers, 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.
Stallholders MUST NOT sell alcohol products of any kind including low alcohol products or tasters/samples or offer alcohol as prizes. If the event is an appropriate one for alcohol, a Temporary Events Notice must be obtained from the Local Authority & a copy be forwarded to the Organiser before the event. However, the Licensing Dept of Canterbury City Council advised on 13 Jan 2016 that if a charity stall had some sealed & wrapped bottles of alcohol on the stall as prizes in a tombola, that stall would not need a Temporary Events Notice.
Food Hygiene & Safety
All food traders MUST have all relevant registration, qualification, Hygiene certificates etc which can be produced for inspection & verification, on application to trade at the event.
All food traders MUST produce for inspection a record of hot & cold food temperatures, along with their HACCP (hazard analysis critical control point).
All food traders MUST produce for inspection COSH Risk Assessment for their business; including a method statement (this does not need sending prior to the event).
All food traders MUST display signage describing any traces of NUT elements, allergies or substitutes to their produce.
ALL traders must declare on their booking form if they intend to sell or give away any item on their stall that is to be put into the mouth to be eaten or drunk (e.g. sweets,cakes,rolls,water,cans of drink, any other hot or cold food or drink etc). Otherwise the trader will not be allowed to sell or give these items away.
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).
Moving Machinery & Equipment
The general public & visitors may not be familiar with certain equipment, machinery & set-up. Therefore account MUST be taken of any problems that 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.
Generators are permitted on the condition that the equipment is fit & safe for purpose & a ‘nuisance’ is not caused to other traders or the public. Ideally silent diesel but petrol generators may be used subject to the Organisers permission & the demands of the site.
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.
All stallholders MUST provide adequate fire precautions appropriate to their business, (Fire blanket &/or Extinguisher) & be 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 adequate & sufficient fire safety arrangements & risk assessments in place & available for inspection.
Noise & Nuisance
The Organiser reserves the right to prohibit &/or remove any equipment or persons, which or who in the Organisers opinion is/are 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 Organisers’ 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.
Damage to the Site
Stallholders MUST ensure that no damage is caused to any carriageways, footpaths, street furniture, hard standing or grass areas including trees, shrubs & plants. If the event is inside a building, stallholders must ensure that no damage is caused to floors, ceilings, walls, woodwork or furniture.
Failure to do so will result in the stallholder being liable for the cost of reinstatement of repair.
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 aid of charity & proof of this MUST be supplied.
Vehicle Access & Parking
Vehicle access to the site will only be to those authorised to unload/load & 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 on site, provided this has been agreed with the Organiser in advance.
Stallholders are responsible for the security of all goods on their pitch at all times, including if allowed to stay overnight on the pitch. Depending on the event, there is not necessarily a guarantee of an overnight general security team being present.
Eviction of Stallholders and Non Compliance with Regulations
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.
Failure to comply with the regulations will result in ‘pitch allocation withdrawal’. The Organisers decision is final.
If you have requested confirmation of your pitch fee being paid, your receipt will be sent out nearer the time of the event along with your setting up instructions, unloading or parking permit and publicity material. It is requested that you include a medium sized SAE with your booking form so that your receipt etc can be sent to you. Please ensure the envelope is NOT small (though does not to be large) & that there is sufficient postage on the envelope.
Stallholders may be asked to produce a risk assessment for their stall, if deemed necessary or appropriate.
Acceptance of the Terms & Conditions.
Though you are not asked to sign this copy of the Terms & Conditions & return them to the Organiser, you ARE asked to sign & date your booking form to say that you have read, understood & agree to these Terms & Conditions of Trading & that you will make the others on your stall aware of these Terms & Conditions.
If you have any questions, please contact the Organiser on 01227 263595 or e-mail email@example.com.