Food Trader Terms and Conditions
Effective as of Wednesday, 17 May 2023.
Welcome to the Terms and Conditions of Trading. It is important that you carefully review the following information as it governs our agreement with you regarding the Event. We highly value your participation, and it is crucial to us that you understand the terms and conditions that apply to this agreement. Please take the time to read and comprehend all the contents before proceeding with booking to trade at the Event.
Last updated Sunday 10 September 2023.
Updated to announce one vehicle parking per day is now included in the cost of trading.
Definitions and Interpretation
In these Terms and Conditions, the following expressions shall, unless the context otherwise requires, have the following meanings:
• 'Agreement', 'Contract' - these terms and conditions, the Booking between the Trader and the Organisers for the hire of Space and facilities at the Event.
• 'Authorities' - the relevant local authority, the Fire Authority, the environmental health office and the Health & Safety Executive and any other public authority claiming jurisdiction over the Event and/or Venue;
• ‘Breakdown’ means the period during which the Organisers, and Trader, are deconstructing their pitch and removing all items following Event Closing.
• ‘Booking', 'Order', "Booking Order' - any person, organisation or company who has made an application to Trader. The Organisers reserves the right to accept or reject any Booking.
• ‘Build-Up’ - the period during which the Organisers and Trader build their pitch and position pitch prior to the Event Opening.
• ‘Build Up & Breakdown Schedule’ means the detailed schedule for movement of Items, and other property during Build Up and Breakdown of the Event.
• 'Event' – the particular marketplace, show or event where you wish to book a space and specified in your Booking.
• ‘Event Closing’ - the date and time when the Event finally closes to Visitors.
• ‘Event Opening’ - the date and time when the Event first opens to Visitors.
• ‘Items’ - any structures, equipment, products, or packaging which are displayed, for sale, or promoted within the Trader Space
• 'Festival-goers', "Attendees' or 'Visitors' - people who are inside the Event.
• 'Marketplace' - the particular marketplace, show or event where you apply to book a space and specified in your Booking;
• 'Organisers’, ‘We’, ‘Our’, ‘Ours’, and ‘Us’ - refers to the Event Organisers, their partners and others appointed by us to organise the Event together with our suppliers.
• 'Parties’ - refers the Event Organisers and the Trader.
• ‘Rent’ - the sum Trader agree to pay the Organiser in return for the allocation and provision of Space and (where agreed) a Pitch at the Event.
• ‘Pitch’ - the pitch size purchased for trading.
• 'Trader Space’ and ‘Space’ - any individual, business, company or other legal entity which enters into a legally binding agreement with the Organiser to hire Space at the Event.
• 'Trader', ‘Licensee’, 'You' and 'Yours', 'Food Trader' 'Street Food Trader' - any person, organisation or company who has made an application for and who has been granted space in the Marketplace.
• ‘Trader Liability Insurance’ or ‘Liability Insurance’ - insurance that would cover legal liability to pay compensation, legal costs and expenses as a result of accidental death or injury to a third party and/or damage to their property at the Venue;
• ‘Trader Manual’ - a collection of practical guidance notes and information that the Organiser shall issue to Traders once Space / Pitch has been allocated.
• ‘Venue’ - the facilities or location where the Event will take place.
• 'Visitors’, ‘Attendees’ and ‘Guests’ - applies to ticket holders attending the Event.
Booking a Pitch
Requirements of Trading
To become a food street trader, you will need to meet several requirements. The requirements are as follows:
Proof of Identification: Valid passport or full UK driving license and a National Insurance Number
Street Trading License: All food and drinks street traders, must have a valid street trading license.
Food Safety and Hygiene Certification: You must hold a valid food safety and hygiene certificate. The certificate must be up to date, minumim rating of 4, and be available for inspection at all times.
Public Liability Insurance: You will need to have public liability insurance to protect yourself and others against any accidents or injuries that may occur while trading.
Compliance with Regulations: You must comply with all relevant regulations, including those relating to food hygiene, health and safety, and environmental health.
Compliance with Trading Hours: You must trade within the designated trading hours, 10 am to 7 pm.
Compliance with Waste Disposal: You must dispose of all waste appropriately and in accordance with our waste management regulations.
Fee: Full payment of traders fee.
Booking Confirmation or Rejection
The Event Organisers have the right to accept or decline any booking. If someone is making a booking on behalf of someone else, they must let the Organisers know.
All Vendor Spaces available are sold on a first-come-first-served basis in line with the ethos of the Event.
Trader Agreement
As a Trader, you agree to follow the terms and conditions set by the Organisers. The Organisers have the final say in creating any necessary rules or regulations before, during, and after the Event.
Pitch
Licensee: When you book a Pitch, you will occupy it as our licensee. However, you won't have any rights to exclusive possession or ownership of the Space or Pitch. You can't share, sublet or part with the occupation of any part of the Space.
Layout changes: We have the right to make changes to the layout of the Floor plan, for example, to accommodate additional features or events or to comply with the requirements or regulations of the Venue or Authorities.
Tidy: You are responsible for keeping your Pitch clean and tidy at all times. Please deposit your rubbish in a designated area so that waste management can remove it at the end of the day.
Boundaries: The boundaries of your Pitch are determined by your Booking and does not include any additional space. Please don't place anything outside of the booked Pitch.
Activities: If you plan to organise activities at your Pitch that may pose a risk to participants or other festival-goers, we will require you to enter into a separate indemnity and obtain waivers from participants.
Electricity & Generators
The Organisers do provide electricity. But Traders must bring their own PAT-tested sockets.
Traders are permitted to bring their own generators to the event. However, they must meet certain requirements, such as being diesel-powered and fitted within the allocated pitch size. Additionally, traders must provide their annual generator certificate upon request.
Communication
We value consistent communication, to maintain clear and efficient communication, we have established the following:
- Primary Communication: You agree that our primary form of communication with you will be through email. We will send all important information and updates related to the Event via email.
- Language: You agree to receive all our communications in English and in electronic form. This means that we will not send any communication in paper format and all our emails will be written in UK English.
- Confidentiality: All information contained in our emails is confidential and intended solely for the addressee. If you receive any emails that are not intended for you, please do not read, copy, or share the contents of the email.
- Contact Information: As a Trader you can contact us directly at [email protected]. Please use this email address for all communication related to the Event.
Use of Name and Logo in Advertising
As part of this agreement, you are giving the Organisers the permission to use your business/brand name and logo in our marketing materials. This usage includes, but is not limited to, our website, social media, and printed materials. The purpose of displaying your branding is to demonstrate that you are or have taken part in the Event.
Missed Deadline(s)
The Trader is responsible for meeting each Event deadline, and the Organisers are not responsible for the Trader missing any deadlines concerning taking part at the Event.
The Organisers can not make special accommodations for Trader who miss any deadlines. This includes but are not limited to deadlines for:
• completing payment before the Event
• pitch allocation confirmation
• social media promotion information
• information for promotion on the event web page
• information for event guide inclusion
Trader Conduct
Signage and Materials
- Traders are prohibited from posting, nailing, screwing, attaching, or placing any signage or materials on any part of the Venue.
Setup and Opening Hours
- All Traders must complete their setup at least 60 minutes before the public opening time, and the Event will open during the advertised hours.
Dismantling
- Traders must not dismantle, pack up, or abandon their Trader Space before the advertised public closing time, even if they sell out of products early. Failure to comply may result in exclusion from future events.
- Traders must occupy their allocated space during the entire Event. Failure to do so will be considered as withdrawal, and the terms and conditions for withdrawal will apply. The Organiser may use, resell, or reallocate the space.
Pack Down:
- The Trader is required to pack up their items by the specified date and time. If they fail to do so, they may be held responsible for all costs related to storing and handling the items as well as any additional site rental costs imposed by the Venue or Suppliers. The Trader must also ensure that their space is clean and free of any waste or materials after the event.
Sales and Display
- Soliciting orders and displaying printed materials outside the Trader Space is strictly prohibited. Traders must only sell within their designated space.
- Traders must not block neighboring pitches with their items or arrange their Pitch in a way that obstructs the aisle in front of their Pitch or any adjacent stand.
Conduct of Trader Staff
- The Trader must operate at the Event without annoying, endangering, or interfering with the rights of other Traders and visitors.
- Traders must only use their space for products and services agreed upon by the Organisers and must not use it to promote external events.
- The Organisers may prohibit any practices resulting in complaints from other Traders or visitors that, in the Organisers' opinion, interferes with others' rights or exposes them to annoyance or danger.
Health and Safety
We want to ensure the safety of everyone at the Event, including our Traders. Here are some important points that must be adhered to:
- Equipment: Equipment brought to the event by Traders or the Trader's suppliers must be safe and suitable for use, including electrical equipment, which requires safety checks through visual inspections and portable appliance testing. Overloading sockets is prohibited, and Traders must consider other Traders sharing the temporary electricity supply. The Event Organisers reserve the right to prevent the use of any equipment deemed unsafe. Traders planning to use electrical equipment or appliances must have a current Portable Appliance Test (PAT) certificate, and all materials, fittings, or stands used at the event must resist fire according to relevant laws. The Event Organisers may ask Traders to remove anything uncertified or unsuitable.
- Mechanical equipment: We also expect that all mechanical equipment, such as displays, stands, lighting rigs, tables, and chairs, brought on-site by Traders is safe and suitable for use. Traders are responsible for ensuring their equipment is safe through their own checks, such as visual inspections and testing, and taking health and safety precautions when necessary. We reserve the right to prevent the use of any equipment deemed unsafe.
- Food hygiene and safety: Traders are not permitted to serve drinks at Trader Stand / Pitch.
- General health & safety: We take precautions to protect the health and safety of everyone at the Event. We conduct site-specific risk assessments before the Event and ensure that fire precautions, welfare facilities, and the general environment are acceptable. We consider common hazards such as slips, trips, falls, manual handling of heavy items, sharp objects, crushing/trapped fingers, scalds, burns, and electric shock. We expect Traders to take reasonable precautions against these hazards, such as using equipment carefully and maintaining a tidy display area.
Requirements for Hygiene, Food Safety, and Structural Standards
Food Safety and Hygiene (England) Regulations 2013 Markets Stalls, Mobile Vehicles, etc
Requirements for a Catering Stall
Paragraph 1:
The premises should be sited, designed, constructed and kept clean and maintained in good repair and condition, to avoid risk of contamination, in particular by animals and pests (including the provision of canopy, etc):- Fully covered to the top and sides, including the food preparation, food storage areas and the wash-up areas
- All surfaces should be smooth, impervious
- All surfaces should be clean and in good repair
Paragraph 2:
(a) Appropriate personal hygiene facilities, as appropriate, for the hygienic washing and drying of hands, hygienic sanitary arrangements and changing facilities (for example, provision of wash hand basin with hot/cold water, liquid soap, paper towels and/or antibacterial hand-wipes):- A basin or sink must be provided with an instant supply of hot and cold water with drainage facilities (Thermos flasks of hot water and hot water from a kettle are NOT acceptable)
- Soap must be provided for the hygienic cleaning of hands (ideally antibacterial liquid soap)
- Paper towels for hygienic drying of hands must be provided
- Alcohol based hand gel/sanitiser or wipes may be used to supplement other means of hand wash facilities
- Smooth, washable chopping boards or worktops must be provided
- There must be adequate separation between raw and cooked/ready-toeat foods
- A sink unit must be provided for the hygienic washing of work equipment and utensils with an instant supply of hot and cold water
- Sink units must drain hygienically to a waste water container (large open buckets, dustbins, plastic crates and similar are NOT acceptable as this will present a significant manual handling risk)
- Detergent and sanitiser must be provided
- Clean, preferably disposable cloths should be provided
- A sink unit with drinking/potable water should be provided for washing food, e.g. salad ingredients
- Sink units must drain hygienically to a waste water container (large open buckets, dustbins, plastic crates and similar are NOT acceptable as this will present a significant manual handling risk)
- Mains piped drinking water or bottled water should be provided to the catering premises
- Waste water should discharge into a proper drainage system where available. Alternatively, closed holding containers with adequate capacity may be used with arrangements for having the containers emptied
- Sealed containers should be provided for waste water, as this must NOT be poured onto the ground, into surface water systems or into a watercourse
- Refuse sacks or containers should be provided for waste food and packaging
- Arrangements should be in place for the correct disposal of waste food
- Fats, oils and grease must be disposed of appropriately and not put into waste water containers and/or into the drainage system
- Evidence of suitable disposal/collection methods, e.g. waste transfer notes from a licensed waste collection contractor (check with the Environment Agency)
- Refrigerated equipment must be provided to ensure food can be stored at a temperature of 8oC or below (cool boxes MAY be used in place of refrigeration ONLY if the effectiveness of such storage can be demonstrated)
- Hot-holding equipment such as hotplates, hot-cupboards or a bainmarie should be provided to ensure that hot food is stored or displayed at a temperature at or above 63oC
- Thermometers must be provided to monitor the temperatures of chilled, cooked and hot-held food
- Food must NOT be placed directly onto the floor
- Food should be placed in clean, lidded food storage containers away from sources of contamination
- Raw food must be kept separate from cooked/ready-to-eat food
- Food should be protected from public touching, coughing or sneezing
- Clean, protective clothing should be worn by staff
- Vehicles used for transporting foodstuffs to the market must be kept clean and in good repair
Requirements for a low risk food retail stall (e.g no catering or heating of food but selling for example sweets and cakes
Paragraph 1:
The premises should be sited, designed, constructed and kept clean and maintained in good repair and condition, to avoid risk of contamination, in particular by animals and pests (including the provision of canopy, etc):- Canopy to the top (and ideally three other sides) to protect food from contamination
- All surfaces should be clean and in good repair
- All surfaces should be smooth and washable
Paragraph 2:
(i) Appropriate personal hygiene facilities, as appropriate, for the hygienic washing and drying of hands, hygienic sanitary arrangements and changing facilities (for example, provision of wash hand basin with hot/cold water, liquid soap, paper towels and/or antibacterial hand-wipes):- Antibacterial hand wipes
- Clean, washable surfaces in a sound and easy to clean condition
- Sanitiser
- Clean cloths or
- Antibacterial surface wipes
- Container used for the storage of waste food and packaging
- Bread, cakes and other ‘ready-to-eat’ foods should NOT be stored directly onto the public highway or pavement
- Bread, cakes and other ‘ready-to-eat’ food should ideally be covered to ensure protection from sources of contamination.
Security at the Event
The Event Organisers takes precautions to ensure that people and belongings are safe and secure at the Event by only allowing named visitors, Traders and staff into the Event areas.
Please be aware that Traders are responsible for the safety and security of their belongings, and the Event Organisers and Venue won't be responsible for any loss or damage.
Gazebos & Food Trunks
Traders are required to provide their own gazebos or food trucks that are suitable for conducting business. The stalls, equipment, and canopy (if used) must fit within the designated area provided.
Only market-grade structures are permitted for traders to use; flimsy or unstable gazebos will not be allowed. The gazebos must be constructed of metal and able to support the weight of all equipment and products. They must also have a roof cover on top and ideally three sides.
Parking
Each trader can park only one vehicle at the venue per day. Each trader will be provided with one vehicle parking pass, which must be securely affixed to your vehicle's windshield. This pass will grant you access to the designated parking area designated for the event. To ensure your pass is allocated correctly, please submit the vehicle's registration number and description by no later than September 15th. Please be aware that height restrictions may apply.
Photography and Recording
The official photographers and videographers hired by the Event Organisers will take photographs and record and stream videos at the Event.
The Vendor consents to such photography and filming without compensation and confirms that the Organisers shall be entitled to use such photos and videos, which may include photographs and videos, for marketing the Event in the future, for exploitation in any media, without liability or payment.
The Trader at the Event cannot take photographs or film videos or make any form of recording on any media for selling or commercial purposes at the Event under any circumstances without the prior written permission of the organisers.
The Organisers permit Trader to film and share video and photo content at the Event tagging and mentioning the Event on social media.
If the Trader publishes content from the Event elsewhere, including websites and presentations, credit to the Event must be included.
Withdrawal of Trader
You can choose to not participate in the Event at any time by letting the Organisers know in writing through email. However, if you decide to leave, a cancellation fee will be applied. The fee charged will vary based on the timing of your cancellation:
- If you cancel more than 6 months prior to the first day of the Event, 50% of the total cost will be retained.
- If you cancel within 6 months of the first day of the Event, the entire fee will be retained.
If you decide to withdraw, we may resell or reallocate your Space. However, if we do, we are not obliged to reimburse or reduce any payment you have made.
For the purposes of this section, withdrawal shall be deemed to be effective on the date upon which we receive your withdrawal notice in email.
Failure of Trade and Other Traders
Cancellations, Changing Dates, and Venue
The Event Organisers can cancel, postpone, or move the Event to a different date or location. But, the Event Organisers will let you know as soon as possible if they do.
The Event Organisers can cancel your bookings if it might harm their reputation or the Event's reputation.
If the Event is cancelled, you'll get a refund of the amount you paid for your booking only.
If the Event is postponed or moved to a different location, the Organisers will give you the new date and location. But, this doesn't give you the right to cancel your reservation.
You agree that the Organisers are not responsible in any way (whether it's their fault or not) for any problems that arise from the cancellation, postponement, or change of location of the Event.
Event Attendance and Trader Expectations
The Trader acknowledges that the Organisers shall not be held responsible for the failure of any other contracted Traders to attend the Event.
No representation by the Organisers regarding the anticipated levels of the number of attendees, demographics of attendees and other Traders at the Event shall form part of this agreement.
The Organisers does not make any warranty as to the Event in general, such as the minimum volume of business arising from the Event, particularly about the presence or absence or location of any other Trader or potential Trader.
While every effort is made to promote the Event and ensure it is a success for all concerned, no guarantees or warranties are given.
Intellectual Property
The Event and its Organisers have the ownership of all the intellectual property rights of the Event. You are not allowed to use any professional photos, videos, sound recordings, or other media without obtaining permission from them. If you use these materials without permission, it would infringe on their intellectual property rights, which is not permitted.
Insurance
You must have and maintain Public Liability Insurance for the entire duration. This insurance should cover any losses, costs, or expenses that you may incur related to this agreement. To ensure you are adequately covered, the insurance should have a value of no less than £5,000,000 for any occurrence.
Exclusivity
The Organisers does not grant exclusive pitch, display, or sales rights to any Trader for any specific product or service.
Liability
The Organisers cannot be held responsible for any losses or compensation claims made by the Trader due to the Event or the terms and conditions of this agreement. This includes any loss of profit, loss of business, or harm to the Trader's reputation, whether the damages are direct, indirect, or consequential.
If the Event is cancelled and not rescheduled, the Organisers' liability to the Trader will be limited to the amount that the Trader paid to the Organisers.
The Organisers are not in breach of this agreement and is not liable for any delays or failures in meeting obligations if there are circumstances beyond their reasonable control, such as accidents, events, omissions, or acts.
The Organisers are not responsible for any third party involved in the Event, including venues, sponsors, Traders, talent, and speakers. However, the Organisers can still be held liable for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
The Organisers are not liable for any errors in the literature associated with the Event.
Third-Party Rights
Only the businesses that have signed with Trader can use and enforce the terms outlined in this agreement. No other business is entitled to do so.
Bankruptcy
If you, the Trader go bankrupt, the Organisers can cancel the contract between us, and the cancellation terms will apply.
Severability
If any provision of this agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the extent permitted by law. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The invalidity of any provision shall not affect the validity of the remainder of this agreement.
Indemnity
The Trader has to make sure that the Organisers are not responsible for any expenses, claims, demands, legal actions, or losses that might happen because of the Trader's goods or services being sold or promoted at the Event, or because of the Trader's Stand.
Status of Parties
This agreement does not establish a partnership, joint venture, or any type of employer-employee or principal-agent relationship between the Parties.
Force Majeure
In case something unexpected happens that is outside of our control, such as a natural disaster, a government order, a communicable disease outbreak, or a communication line failure, we cannot be held responsible if it causes a delay or prevents us from doing what we promised to do. This is called a "Force Majeure Event." If this happens, we will try our best to reschedule and fulfill our obligations, as long as we have taken reasonable steps to prevent or lessen the impact of the Event.
Entire Agreement & Changes to Agreement
Governing law and jurisdiction
This agreement and any disagreement or dispute related to it, including non-contractual issues, will be governed and interpreted according to the laws of England and Wales. The Parties agree that any disagreement or argument related to this agreement must be brought up in the courts of England and Wales, and only these courts will have the authority to solve the dispute. This means that if there is any legal action related to this agreement, it must be taken in the courts of England and Wales, and the laws of England and Wales will be used to understand and enforce this agreement.
