Terms & Conditions for Trading and Exhibiting at The Beat-Herder Festival 2018

Please take the time to read these Terms and Conditions for Trading and Exhibiting at The Beat-Herder Festival 2018.

By ticking the “Read T&Cs” box on the initial online submission application and accepting the offer to trade at The Beat-Herder Festival, you acknowledge that you accept and will abide by these Terms and Conditions.

Terms

These Terms and Conditions are between The Beat-Herder Limited (hereafter “us” or “our” or “we”) and you, your employees and family (hereafter “the Trader” or “Traders” or “Trader’s” or “you” or “your” or “their” or “them” or “themselves”) as the “Trader”.

Payments and Cancellation

Full payment of the pitch fee (partial payments will not be accepted, unless pre-agreed in writing by us before confirmation of acceptance to trade) must be made to us before close of business on Friday 30th March, 2018. BACS is our preferred method of payment. Cheques are accepted but must be received by us no later than one (1) week before Friday 30th March, 2018, in order to ensure that payment has cleared by the deadline stated above.

If payment is not received by the stipulated date above the offer may be withdrawn and the pitch reallocated.

Any Trader wishing to cancel their pitch at the festival will be subject to the following pitch charges:

By Sunday 17th June, 2018 (4 weeks notice) - 50% refund will be made

By Sunday 1st July, 2018 (2 weeks notice) - 25% refund will be made

From Monday 2nd July, 2018 onwards (less than 2 weeks notice) - 0% - No refund will be made

All refunds will be paid into the original bank account we received the original monies from unless the Trader directs us in writing. Refunds will be made within thirty (30) days of the written acceptance by us of the refund.

Force Majeure- No refunds will be given to the Trader for reasons of a Force Majeure including, but not limited to, cancellation on the grounds of; the result of bad weather (fire, flood, earthquake or any other natural disaster), war or terrorism, industrial strike, the request of the police or government or a loss of our licence, change of performance programming or necessary re-siting of the Traders’ designated pitches.

We reserve the right to cancel any booking of the Trader, up to eight (8) weeks prior to the start date of the festival, if it is necessary to do so by reason of restructuring or reorganising of the layout of the site, that results in reduction of space available to trade.

We also reserve the right to cancel any booking of the Trader, up to 7 days prior to the start date of the festival, if it is necessary to do so by reason for any of the following reasons:-

Where we cancel the Trader’s booking, a full refund of any invoices paid will be given to the Trader affected. We hold no other liability and no other compensation will be paid (save that no refund will apply in the instance of the cancellation being as a result of force majeure as detailed above).

All refunds will be paid into the original bank account we received the original monies from unless Trader directs us in writing. Refunds will be made within thirty (30) days of the written cancellation.

Pitch

The designated pitch only includes; an area to trade and an allocation of attendees (as specified by us), access to water and electricity. If an electrical supply is required the Trader will be charged for this, in addition to the pitch fee. The electrical supply amount payable will be dependent on the Trader’s requirements and will need to be paid by the date stipulated to the Trader. The designated pitch excludes (including but not limited to); telephone line, free Wi-Fi, furniture, supplies, insurance and any other additional services as may be required by the Trader.

Trade

Traders are able to access the venue Dockber Laithe Farm, Sawley, Clitheroe, Lancashire, BB7 4LH from Wednesday 11th July, 2018 from 09.00 hrs. Traders must be set up and ready for Health and Safety inspection no later than 20.00 hrs on Thursday 12th July, 2018.

Any Trader who is not set up and installed within their designated pitch and ready for inspection by 20.00hrs on Thursday 12th July, 2018 will not be permitted on site/or to trade and will forfeit all payments made to us, will not receive any compensation and may be prohibited from trading at the venue in the future.

Traders are permitted to trade (with the exception of alcohol) as follows;

The Campsite

Friday 13th July, 2018 – from 09.00hrs (or when the gates open to the general public – if earlier, but not before 05.00hrs) until 11.00hrs on Monday 16th July, 2018

The Arena

Friday 13th July, 2018 – from 16.00hrs until 11.00hrs on Monday 16th July, 2018

(Subject to licence conditions)

Subject to our prior written approval only, Traders are permitted to trade alcohol as follows;

Friday 13th July, 2018 – from 12.00hrs until 03.00hrs on Saturday 14th July, 2018

Saturday 14th July, 2018 – from 11.00hrs until 03.00hrs on Sunday 15th July, 2018

Sunday 15th July, 2018 – from 11.00hrs until 23.55hrs on Sunday 15th July, 2018

(Subject to licence conditions)

Please note that all Traders that have our permission to sell alcohol must have a firm “Challenge 21” position.

Anyone supplying alcohol without or prior written approval and/or to under 18 year olds will be asked to cease trading, be escorted off the premises, will forfeit all payments made to us, will not receive any compensation and may be prohibited from trading at the festival in future years, along with criminal charges brought against them.

The general public will arrive at the venue Dockber Laithe Farm, Sawley, Clitheroe, Lancashire, BB7 4LH from 09.00hrs on Friday 13th July, 2018.

The general public must vacate the venue by 12.00hrs on Monday 16th July, 2018.

Traders are not permitted to vacate the venue on Sunday 15th July, 2018, unless for medical reasons or an emergency.

All Traders must vacate their designated pitch between 12.00hrs and 18.00hrs on Monday 16th July, 2018. It is not advisable or always possible to leave the site before 12.00hrs, due to traffic and in adverse weather conditions assistance will be available, where possible, from 14.00hrs.

Traders must only sell approved goods at reasonable prices (specified in their application and agreed by us in writing prior to trading). Sub-contracting or sub-letting to another Trader, pitch or any part of a pitch is strictly forbidden. Any sub-contracting or sub-letting to another Trader, pitch or any part of a pitch will result in the Trader being immediately escorted from the site and will forfeit all payments made to us, will not receive any compensation and may be prohibited from trading at the venue in the future. The Trader who has been appointed the designated pitch must be the Trader operating and managing the pitch.

In addition to our right in restructuring or reorganising of the layout of the site, that results in reduction of space available to trade, (as stated on page 2), we reserve the right to reallocate or re- site stalls upon arrival at site, at our sole discretion. This eventuality does not constitute a violation of these Terms and Conditions and does not permit the Trader to revoke these Terms and Conditions.

The 2015 Names and Trading Disclosures Regulation require all Traders to clearly display their business name and registered address at their designated pitch. Traders must display their trading name, as per their application, on the front of their stall (minimum size A4).

All Traders are asked to display at least one A5 ‘NO SMOKING’ sign at the front of their designated pitch.

As stated above, Traders must not sell alcohol or any products containing alcohol without prior written permission from us.

It is not permitted for ANY Trader to sell:

Any Trader found offering any prohibited items above, will have the items removed, be asked to cease trading, be escorted off the premises, will forfeit all payments made to us, will not receive any compensation and may be prohibited from trading at the venue in the future.

Traders must not collect payments/monies on behalf of charities or take data from customers without our prior written permission.

For all Traders that are selling non-food items please note that, under Consumer legislation, customers are now entitled to a full refund for faulty products for up to thirty (30) days after the purchase. This overrides previous legislation, where consumers were only entitled to refunds for seven (7) days. Please make sure you supply the consumer with the returns address and details of how to return the product, as this is now the law.

We do not accept liability for the Trader’s faulty products or the returns of any products bought from Traders.

A Trader or their staff must operate and manage their designated pitch throughout the opening hours.

The Trader grants us permission, free of charge, to photograph each Trader’s designated pitch and its Trader’s, for legal, reference and marketing purposes.

Insurance

All Traders are required to carry current Public Liability Insurance recognised in the UK.

If there is five (5) or more staff working for the Trade, then the Trader has a legal obligation to have Employers Liability Insurance.

The Trader is advised to insure its property against damage.

We will require a copy of all of the Traders’ current, valid insurance documents before permitting the Trader to trade. Copies of this documentation need to be submitted by the dates stipulated to you. The Trader will be solely liable for any damage caused by themselves to our property or any third party property whilst at the venue.

We accept no liability for the failure of the Trader to arrange the required insurance cover.

Following our confirmation of an offer to trade at the venue, the Trader must submit the following documentation by the dates stipulated by us, as applicable to the Traders business operation;

Health and Safety

Traders are expected to comply with the Health & Safety at Work Act 1974.

In addition, Food Traders are required to comply with the applicable food regulations relating to food safety.

Local Authority Registration; All Food Traders are required by law to be registered with a Local Authority. The Trader must provide proof of registration and contact details by the dates stipulated by us.

Traders must provide us with a copy of all their documentation as listed above. These documents will be reviewed by our Health & Safety department. The Trader’s designated pitch is subject to inspection at any time by members of the Health & Safety department, the Local Authority, the Police, Environmental Health, the Fire Brigade and other relevant governing bodies.

All Traders must comply with general legislation relating to Health & Safety and CDM 2015. This means working safely to build/dismantle the stall and using the correct PPE.

Fire Safety and First Aid

Fire Risk Assessments are required by law. This documentation must be available for inspection at all times and include information on preventing fire and action to be taken if a fire breaks out.

Fire Safety: All Traders are required to have a dry powder fire extinguisher at their stall. In addition, Food Traders are required to have a fire blanket. It is the responsibility of the Trader to make sure any fire safety equipment has not reached its expiry date and has been tested within the legal timescales.

All Traders who are offered a designated pitch will need to complete and return a Trader Stall Fire Risk Assessment Form by the dates stipulated by us.

If the form is not returned by the stipulated date, the offer to trade may be withdrawn and the pitch reallocated.

Traders must not cause any aisle or emergency exit to be blocked in any way by their goods, displays or anyone in their group. In case of any dispute the Fire Brigade’s decision is final.

First Aid: At least one (1) member of the Trader’s group must be first aid qualified. The Trader is responsible for supplying first aid to their employees and anyone else within their group. Traders are required to have a proper first aid box at their designated pitch for use by everyone within Trader’s group. Food Traders must have water proof blue plasters as part of their kit.

If Trader has five (5) or more staff (inclusive), the Trader must keep an accident report book to record all incidents that occur within their designated pitch.

Code of Conduct

Whilst on site the Trader, and everyone within their group, must not conduct their business in a manner that could bring our reputation or integrity into disrepute. We reserve the right to remove any of Trader’s display items, equipment, product or persons from the venue, deemed to be inappropriate or to be detrimental to our interests, without refund or compensation.

Trade Stall Structures & Equipment

Marquees are not provided, unless pre-arrange with us. Traders must provide their own catering unit or structures tents. Any tent or marquee canvas textiles MUST meet fire safety standards. The Trader must provide documentation to evidence compliance with these requirements. The Trader must meet all the criteria stipulated in the Fire Risk Assessment Form that needs to be completed and returned by the dates stipulated by us.

Marquees have to be fit for purpose. Makeshift constructions are not acceptable. If the Trader’s structure is considered to be unsafe, is unsuitable or the Trader has failed the Fire Risk Assessment, the Trader will be asked to cease operation, will be escorted from the venue, forfeiting all payments made to us, will not receive any compensation and may be prohibited from trading at the venue in the future.

Gas and Electricity on Site

Electrics: Due to licensed conditions, private generators are not allowed on site. All power to trade stalls will be provided by the on-site generators.

All Traders who are offered a designated pitch will be sent an Electrical Supply Requirements Form, which needs to be completed and returned by the dates stipulated by us.

There will be an additional charge for the Trader’s electrical supply, which will be dependent on their requirements.

The Trader is required to submit valid, current PAT certificates by the dates stipulated by us.

The Trader will need to provide their own outdoor extension lead to plug into the site generators (a 16/32amp socket). Additional cables can be supplied by us. A deposit will be required for any equipment that is leased to the Trader.

Electrical equipment must be tested and certified as fit for purpose. Equipment and wiring should be properly insulated and earthed. All sockets, plugs and wiring should be adapted for outdoor use and protected from the elements.

Should we or local government inspectors find faulty or untested electrical items or connections within the Trader’s designated pitch, the Trader will be asked to disengage the equipment and/or may be asked to cease operation, will be escorted from the venue, forfeiting all payments made to us, will not receive any compensation and may be prohibited from trading at the venue in the future.

Gas Appliances and Cylinders: The Trader must bring any LPG gas that they require. There is no gas available on site. Gas can be purchased from a garage 1⁄4 mile away from the venue on the A59.

Gas appliances must comply with relevant HSE regulations and must have undergone a Gas Safe check within twelve (12) months prior to the event. Food Traders must ensure that the Gas Safe registered engineer inspecting the Trader’s appliances is qualified to check catering units. We recommend that all Traders check on the Gas Safe Register website for an appropriately qualified engineer.

Only one (1) spare cylinder of LPG may be kept at the Trader’s stall at any time.

The Trader is required to submit valid, current gas safe certificates by the dates stipulated by us. Should we find faulty or untested gas appliances or connections within the Trader’s designated pitch, the Trader will be asked to disengage the equipment and/or may be asked to cease operation, will be escorted from the venue, forfeiting all payments made to us, will not receive any compensation and may be prohibited from trading at the venue in the future.

Waste

The Trader is responsible for good housekeeping throughout the event. The trader must keep their designated pitch clean and tidy. The Trader must provide at least one bin at the front of their stall and is responsible for ensuring it is maintained/emptied/replaced.

The Trader is responsible for ensuring that their designated pitch is clean, tidy and not damaged when they leave the venue. If the pitch is left in a state that we consider to be unacceptable, the trader will not be asked to Trade in future years and may be subject to a fine, post-event.

Recycle: The Trader is responsible for managing waste and recycling for their designated pitch. Any litter or waste tipping will result in a fine, as solely determined by us, and the Trader may be asked to cease operation, will be escorted from the venue, forfeiting all payments made to us, will not receive any compensation and may be prohibited from trading at the venue in the future.

Water Standpipes and Waste Water

Water will be available on-site from a variety of stand pipes located near the Trader’s designated pitch. Unfortunately, due to poor water pressure we cannot supply a direct feed to Trader’s stall. Water will have to be transported in containers and so the Trader is required to supply their own sterile water containers and a hand-method to transport them to their designated pitch.

Stand pipes are for communal use and we ask that, for the purpose of maintaining sanitation, Traders do not connect a hose directly to any tap when filling containers.

Any Trader found with an unauthorised connection or a hosepipe connection will be asked to disconnect it immediately. The finding of any unauthorised connection or hosepipe may result in a fine and/or the Trader may be asked to cease operation, will be escorted from the venue, forfeiting all payments made to us, will not receive any compensation and may be prohibited from trading at the venue in the future.

Waste water containers will be provided near to the Trader’s designated pitch. The Trader will be responsible for transporting their waste water to the designated containers. The Trader is required to bring a hand method of transport for this purpose.

Waste water must be put in the containers/drains provided. Disposal of waste water (as a result of trader or personal use) directly onto the ground or into ditches is strictly prohibited.

Traders must not bring their own toilets or showers. Chemical toilets must ONLY be emptied into a clearly identified designated container.

Any Trader found in breach of these requirements may be asked to cease operation, will be escorted from the venue, forfeiting all payments made to us, will not receive any compensation and may be prohibited from trading at the venue in the future.

Deliveries

All deliveries to site must be delivered before 20.00hrs on Thursday 12th July, 2018. The Trader must be equipped to ‘hand ball’ any deliveries from the production office/site entrance to their designated pitch.

We do not accept responsibility for any claims from delivery drivers/firms or any issues relating to deliveries before, during or after the event.

Any deliveries throughout the weekend will be turned away unless prior written arrangement has been made and pre-agreed by us.

Sound Systems

We have to comply with strict licensing conditions regarding noise levels. Traders are not permitted to have a PA sound system within their designated pitch. Any music at the Trader’s stall must only be audible to the immediate area within the designated pitch and must not interfere with any other Traders. If we, or any governing body, ask the Trader to reduce the sound levels, the Trader must comply immediately. No voice amplifiers are to be used by the Trader. Any music/loud noise must be completely off at 23.00hrs on each day of the event. Failure to do so may mean that the Trader will be asked to cease operation, will be escorted from the venue, forfeiting all payments made to us, will not receive any compensation and may be prohibited from trading at the venue in the future

Food Trade Stalls

Food Traders are not permitted to sell any products other than items of food and drinks.

Local Authority Registration: As previously stated on page 5.

Packaging: No packaging will be supplied by us. Traders are responsible for providing their own packaging. We encourage the use of eco-friendly products. No polystyrene, glass or plastic will be allowed on-site – only paper/ wooden products please.

Any Trader found using products/packaging that is not permitted for use at the event may be asked to cease operation, will be escorted from the venue, forfeiting all payments made to us, will not receive any compensation and may be prohibited from trading at the venue in the future.

Allergens: It is a legal requirement that all food items have written allergen information clearly available. The Trader must display a sign advising consumers that further information is available on request.

Written information must be displayed if any product contains Genetically Modified ingredients.

The Trader will be solely liable for any consumer that consumes food that has an allergic reaction due to non-disclosure by the Trader.

We are not liable for a member of the general public becoming ill or having an allergic reaction due them consuming food from any Trader at the venue.

Food Management Systems: The Trader agrees that, under the Food Hygiene Regulations 2006, the Trader is required to have a food safety management system based on HACCP. We will be checking and monitoring that on site Trader’s record keeping, food thermometers, chill unit temperatures is maintained throughout the event.

Hand Washing: Trader must have facilities for washing hands with hot water and soap that is separate from where the Trader washes utensils or washes/prepare ingredients.

Trader’s Approved Group

Any Trader that is offered a designated pitch will be require to provide the full names and ages of all adults and children within their approved group and who within their approved group requires access to the venue. We will provide you with online access to submit this information.

Traders will be asked to confirm that appropriate identification and Right to Work checks have been completed. All Traders must adhere to Section 54 of the Modern Slavery Act 2015.

The Trader must also provide us with accurate information about the number of vehicles that they require to be parked either onsite and/or within the crew car park area of the venue.

There is limited parking within the designated pitch and that we cannot guarantee that all vehicles can remain in this area after set up/installation.

Any vehicles that cannot be sited within the designated pitch must be moved to the crew cark park area of the venue.

Vehicle movement for Traders is strictly prohibited during the hours that the festival is open to the general public.

Traders must co-operate fully with our Security in any search of vehicles or designated pitch on our request.

All vehicles brought to the venue, and the designated parking areas, are at the risk of the Trader. Trader’s vehicles must be suitably insured. We are not responsible for any loss or damage that may occur to the Trader’s vehicles whilst at the venue.

We reserve the right to refuse admission to any Trader, or anyone within their group or a member of the public.

Set Up and Installation

If Trader pre-agrees with us in writing that they will arrive for set up/installation from Wednesday 11th July, 2018, they must acknowledge that the venue is still under construction until the hours of opening to the general public. The Trader is required to conduct themselves appropriately during this period, be aware of the working environment and is only permitted within the venue if they are assisting with the set up/installation of their designated pitch.

The Trader and their group are strictly prohibited from moving around the venue unless the requirement directly relates to the set up/installation of their designated pitch.

It is the Trader’s responsibility to ensure that everyone within their group refrains from wandering around the site prior to the previously stated opening hours to the general public.

Anyone within the group who is caught drinking alcohol and/or demonstrating unreasonable behaviour during set up/installation, break down (and where deemed applicable by us, during the event) will be removed from the venue and the Trader may be asked to cease trading, escorted from the venue, forfeiting all payments made to us, will not receive any compensation and may be prohibited from trading at the venue in the future.

Children on Site

If the Trader brings any children (under 18 year olds), prior to and/or after the opening times of the venue to the general public, the Trader must ensure that they stay within the Trader’s designated pitch area (or the crew camping area, (if Trader is not camping behind Trader’s stall) at all times. If there is any real or justified reason for the child to move from the designated pitch, the Trader must accompany them and is responsible for their safety at all times.

Animals

Save for guide dogs, no dogs or pets are permitted at the venue.

Liability

In addition to the previously state Terms and Conditions to Trade and Exhibit at The Beat-Herder Festival 2018, we do not accept any liability for loss or damage arising directly or indirectly from acts of terrorism as defined in the UK Terrorism Act 2000.

If the Trader is closed down and/or evicted from the festival for contravening the licence, any of the above Terms and Conditions or Environmental Health Standards, the Trader shall not be entitled to any rebate or compensation. In addition, we will not be held liable for your losses as per below.

By accepting these Terms and Conditions the Trader acknowledges that we or our representatives are not responsible or liable for:

We will not accept liability for the level of trading during the festival, including but not limited to, loss of profit or loss of goodwill.

We do not accept liability for any printing errors appearing on our literature advertising the festival that may or may not mention the Trader.

Nothing in these Terms and Conditions of Trading and Exhibiting at The Beat-Herder Festival shall limit or exclude us or the Traders liability for:

  1. death or personal injury caused by its negligence, or the negligence of its personnel, agents or subcontractors;
  2. fraud or fraudulent misrepresentation; and
  3. any other liability which cannot be limited or excluded by applicable law.

The Trader shall indemnify us against any liability (including but not limited to reasonable legal costs) for injury to persons or property arising from any cause whatsoever in connection with the Trader’s group and the Trader’s participation at the venue.

Disclaimer

Any Trader found in breach of the Terms and Conditions for Trading and Exhibiting at The Beat-Herder Festival may result in a fine – determined solely by us - and/or the Trader may be asked to cease operation, will be escorted from the venue, forfeiting all payments made to us, will not receive any compensation and may be prohibited from trading at the venue in the future.

Information is given by us in good faith and to the best of our knowledge at that point in time.

We will act at all times in the best interests of the festival and in doing so may from time to time alter these Terms and Conditions if required for operational or legal reasons. Where the Terms and Conditions are updated we will notify the Trader as soon as reasonably possible. Any subsequent changes cannot be taken by the Trader as cause to cancel the booking. In addition, we are not liable for any omission or error nor can it be held against us.

Severance

If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.

Third Party Rights

No provision of these Terms and Conditions is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not party to it.

Assignment

We may assign, transfer or grant the benefit of these Terms and Conditions or any of our rights or benefits under it in whole or in part to any associated company. The Trader may not assign, transfer or grant the benefit of these Terms and Conditions.

Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.