Terms and Conditions

 TERMS AND CONDITIONS FOR TRADERS, STALL HOLDERS, EXHIBITORS AND CATERERS 

The terms and conditions set out below are intended to assist all parties involved in maintaining a safe operation while at the Bridgwater Food and Drink Festival.

These terms and conditions replace any previously provided relating to Bridgwater Food and Drink Festival. 

 

DEFINITIONS 

The Festival - Bridgwater Food and Drink Festival 

The Organisers - British Flag Carnival Club

Exhibitor - Any trade stall; food and drink stand; charity stand; Fair ride or Entertainment

Customers – any member of the public attending the Festival

Pitch Fees – fees due for booked pitches, in line with the fee structure stated on the Application Form

Booking – a confirmed pitch offer, made in writing, subject to these Terms & Conditions.

1. BOOKINGS AND CANCELLATIONS

All bookings must be submitted in writing using the application form XXX and emailed to XXX 

Telephone bookings will not be finalised until an application form has been received. 

Full payment is due at the time of booking. Only once full payment is received will a pitch be reserved. 

The Organisers reserve the right to refuse a booking without giving reason. The Organisers reserve the right to cancel any booking up to 28 days before Festival and will refund 100% of the Fee. This will be done in writing. Exhibitors wishing to cancel their booking must do so in writing. 

A 50% refund or a booking credit will be carried over for bookings cancelled up to 28 days of the Festival. No refunds will be given if the stallholder cancels within 28 days of the Festival date.

2. COOLING OFF PERIOD

Once the Organiser offers you a pitch the Exhibitor has a 14-day cooling off period, except if the offer was made within 4 weeks of the festival. The Exhibitor can cancel the order within the cooling off period with no penalty. After the 14-day cooling off period the booking is binding and section 3 of the terms and conditions applies. In cases where the offer was made within 4 weeks of a festival there will be no cooling off period unless the Applicant rejects the offer in writing on the day of receipt.

3. CANCELLATION AND REFUNDS

No refunds will be given if the Festival has to be cancelled within 14 days of the event date for reasons beyond the Organisers control including but not limited to, extreme weather, public order advice, public health advice, national mourning, terrorism threat level increase, emergency ground works adverse weather. If the Festival needs to be cancelled for reasons beyond the Organisers control up to 14 days before the Festival the Organiser may give credit at their discretion to put towards another market. This will be decided on an event by event basis. 

Any refunds made by the Organiser under the terms above, shall be based solely on Fees previously received from the relevant Exhibitors or their sponsors. For the avoidance of doubt, the Organiser shall not become liable for any consequential losses including but not limited to opportunity costs or losses incurred by the Exhibitor. 

4. SAFETY 

The Organisation will appoint a Safety Officer who will be responsible for monitoring all aspects of safety in regards of the Festival. The Safety Officer will make themselves known to all Exhibitors on the day and will carry out a local risk assessment and briefing. The Safety Officer will be responsible for organising the evacuation of relevant areas should a dangerous situation arise. In the event of an evacuation all personnel should follow the instruction of the Organisers which will be by word of mouth, loudspeaker or loud hailer or any other means deemed necessary until emergency services arrive.

Exhibitors are responsible for carrying out their own risk assessment of their trade area, including checking the safety of their own equipment. They should report any concerns immediately to the Organiser. 

5. INSURANCE

Exhibitors must have appropriate and proper insurance against Public Liability and Third-Party risks. The minimum cover should be £5 million and should cover the exhibitors stand or display and any additional equipment under their control. Where food is sold there should be specific insurance to cover against food poisoning for the same amount. A copy of the Exhibitors insurance certificate should be submitted on application. 

6. LEGISLATION AND CERTIFICATION

Exhibitors must ensure that all Exhibits are compliant with current legislation relevant to food hygiene and trading standards. 

Exhibitors must ensure that catering units carry a copy of their Health and Safety and food hygiene certification. Food Producers must be registered with your local authority and registered under the FSA food hygiene register or have undertaken SALSA accreditation. Where you have been inspected and FSA rated, we require you to maintain a FSA rating of at least 3. You must supply a link to your rating online when applying and supply a new link if you are reinspected during the year. FSA ratings should be displayed at the Festival. 

Environmental Health, Inland Revenue or Trading Standards officer is entitled to inspect any stand to ensure full compliance with the relevant legislation.

7. FOOD HYGIENE

At a minimum, Exhibitors must conform to the requirements of the Food Hygiene (England) Regulations 2006 (as amended), The Food Hygiene (Market, Stalls and Delivery Vehicles) Regulations 1966 (as amended), the Alcohol Licensing Act of 2003, the Health & Safety at Work etc. Act 1947, and where applicable the Fire Dangerous Substances and Explosive Atmosphere Regulations 2002 (DSEAR), the UK Food Information Amendment 2019 and any other relevant health and safety legislation.

8. SELLING OF ALCOHOL

All Traders undertaking licensable activities, i.e selling or serving alcohol should comply with the relevant licensing regulations and guidance including keeping a refusal log, not serving minors or inebriated customers. No person under the age of 18 may sell alcohol related produce.

9. ACCIDENTS/FIRST AID 

In the event of a serious incident please dial 999 and alert the Organisers as soon as possible. 

Exhibitors are responsible for any accidents or injuries to the public caused by their products, displays, stands or their use of the space allocated to them. The Festival is subject to unannounced visits by representatives of the Health & Safety enforcing authority, not only during the Festival but during the setup and set-down periods. Any Exhibitor not complying with the relevant legal requirement will be liable for prosecution.

Exhibitors are reminded of: their responsibility for the Health & Safety of the general public whilst on

their stands; the need for adequate supervision of stands by competent persons at all times; the need to ensure that items offered for sale comply with current legislation; the need for safe storage and location of flammable materials.

10. HOUSEKEEPING

Exhibitors are responsible for keeping the area in front of their stalls as well as their back of their allocated space tidy and free of rubbish. All rubbish must be put into the appropriate bins or containers. Exhibitors must leave their site as they found it. Exhibitors leaving any rubbish, refrigerators, furniture, equipment or structures will be charged for the cost of clearing their site and disposing of the rubbish - and may not be invited to trade at future festivals. 

Exhibitors must ensure that goods and materials are safely stored and stacked so they do not pose a hazard. Exhibitors must ensure that walkways and exits are clear of obstruction at all times. Exhibitors must ensure that only suitably qualified and experienced persons have access to the operation of plant and equipment e.g. generators, water boilers. 

11. SITE ACCESS 

Exhibitors must be ready to trade during the hours of 10am and 3pm. Access to the trading area for set up and pack down will ONLY be permitted during a strict timetable of allocated slots which will be communicated to Exhibitors at least 48 hours before the Festival. 

The Organisers will enforce road blocks for the duration of the Festival which should be adhered to at all times. Vehicles may enter for set up and pack down only and must vacate the Festival site during opening hours. All other vehicle access is prohibited, except for Emergency Vehicles. 

If Exhibitors sell out of produce before the end of the festival stands must remain in place until close to ensure continuity for other Exhibitors and Customers.  

12. STANDS, STRUCTURES AND PROVISIONS

If trading outside Exhibitors must provide their own gazebo or similar structure unless otherwise advised by the Organiser. Gazebos must be fit for purpose; sturdy, weatherproof, windproof and of fire-retardant material. All gazebos must be pegged (where possible) or tethered to appropriate weights of no less than 10kg at each leg. 

The Organisers will conduct spot checks at the Festival. If a structure is deemed unsafe or unsuitable the Exhibitor may be asked by The Organisers to cease operations.

Exhibitors must bring any necessary provisions with them to the Festival. The Organisers do not provide electricity, internet, water, fuel etc

13. LIQUID PETROLIUM GAS (LPG) AND BOTTLED GAS

Exhibitors who use LPG must comply with all relevant legislation and guidance notes in respect of storage and use of any containers they bring into the Festival. 

Exhibitors must ensure that all gas appliances have been recently tested and examined by a competent person prior to use at the Festival. Equipment must be labelled giving the date of the test and the name of the person carrying out the test. 

Bottled Gas. All gas equipment in catering units must have current safety certification. Safety precautions regarding storage of bottled gas must be followed. 

Exhibitors must ensure that no heating or cooking appliance is installed inside an Exhibit e.g. tent or stand, which is not specifically laid out for the purpose. 

Failure to comply with these requirements may mean that the Organisers prevent the use of non-conforming appliances.

14. ELECTRICITY

All electrical installations and equipment should comply with the general requirements of the Electricity at Work Regulations 1989 and be protected from weather. All electrical connections and adaptations should be made by a competent electrician, in accordance with the IEE Wiring Regulations (17th Edition). Cables should be covered, presenting no trip hazard, and appliances placed safely and away from any hazardous materials. All appliances should have valid Electrical PAT certificates as applicable.

15. FIRE PRECAUTIONS 

Exhibitors must ensure that smoking and naked flames inside marquees, is not permitted. 

Exhibitors must ensure that no heating or cooking appliance is installed inside an Exhibit e.g. tent or stand, which is not specifically laid out for the purpose. 

Exhibitors wishing to use heating or cooking appliances for serving refreshments or for other purposes must ensure that appliances are installed at a safe distance from combustible material; heating appliances must be fixed securely on a firm, non-combustible, heat-insulated base and surrounded on three sides by shields of similar material. Appliances should be at least one metre from combustible fabrics or other materials and appropriate actions must be taken to ensure that no combustible material can be blown against the heater. 

Exhibitors must ensure that suitable and appropriate firefighting equipment such as portable fire extinguishers should be provided where necessary and in accordance with any appropriate statutory legislation.

16. ACCESSIBILITY 

If the Exhibitor or any member of their staff has any physical disability or neuro diversity, they should let the Organiser know of any requirements at the time of booking so that we can do our best to provide them. This regards pitch location as well as emergency evacuation, including elements such as level access, noise level, sensory stimuli, proximity to toilet etc. 

Exhibitors must make adequate provision to ensure that any areas for which they are responsible comply with the correct requirements of the Disabled Facilities and the Equality Act

[2010]. It is essential that all Exhibiters consider access to their stalls in order to provide the best

possible service to visitors with diverse abilities. 

17. DIVERSITY AND INCLUSION 

The Organisers will not tolerate any form of discrimination on any grounds

including sex, gender identity, sexuality, race, religion or belief, social class, health, age, physical ability or neurodiversity. Whilst trading with British Flag Carnival Club and the Bridgwater Food and Drink Festival, our crew will defend The Trader’s right to operate free from discriminatory behaviour, harassment, micro-aggressions, abuse or intimidation, as well as that of our visitors. We are committed to ensuring that we provide an inclusive and safe space for individuals targeted by discrimination such as racism, sexism, transphobia, ableism, ageism and homophobia. Every person who participates in at our Festival has a shared responsibility to oppose discriminatory behaviour and promote inclusivity. 

18. COMMUNICATION

The pitch details will be confirmed by email shortly before the festival along with logistics, directions and any specific instructions for the festival etc. using the email address supplied on application. If there is a change of personnel, email address or business address, it is the exhibitors responsibility to inform The Organisers. 

19. GREIVANCE PROCEDURE

We like working with successful, friendly, collaborative Traders. If stewards, production partners, sponsors, mystery shoppers, traders or a member of the public raises a concern about a Trader’s conduct, demeanour, branding or service The Organisers will raise that concern with the Trader. Depending on the outcome of our discussion, The Organisers may relay that Trader’s satisfactory explanation to the complainant on their behalf and take further action to defend their reputation. In the event of an unsatisfactory outcome however The Organisers reserve the right to withdraw any subsequent pitch offers and bookings. Any Applicant found to have submitted fraudulent or deceptive data on application will have offers withdrawn and deposit withheld, at the

Organisers discretion. 

If an Exhibitor feels we have acted against any of the conditions within this contract then we welcome their feedback directly or via Bridgwater Town Council or Somerset County Council who grant our license. 

20. FORCE MAJEURE 

The Organisers shall not be considered in breach of its obligations to provide any Services referred to in these Terms or under any liability whatsoever to the Exhibitor for non performance, part-performance, defective performance or delay in the performance of any Services supplied or to be supplied by the Organisers which is directly or indirectly caused by or as a result of circumstances beyond its reasonable control [each a “Force Majeure Event”]. A Force Majeure Event is a) any cause preventing the Organisers from hosting or staging the Festival [in whole or in part] or otherwise from entering the Festival site due to any unavailability of the Festival site and/or b) including but not limited to the occurrence, or real likelihood or material threat of the occurrence of any of the following: adverse weather conditions; failure of utility service; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or legally constituted local authority; Acts of Nature, including but not limited to fire, flood, earthquake, windstorm or other natural disaster; Acts of terrorism, civil disturbances, royal demise, national emergency or riots; war, threat of or preparation for war; fire or explosion.

A Force Majeure Event shall have the effect of suspending any of the services provided by the

Organiser to the Exhibitor and/or terminating all or part of The Festival and suspending and/or

terminating the Organisers’ obligations.

Within 60 days of the date of a Force Majeure Event that results in the termination of the booking, the Organisers will refund the Pitch Fee less an amount to be deducted for administration costs that shall be decided by the Organiser at its absolute discretion.

21. DATA PROTECTION

The Organisers will only process the Exhibitors data for marketing purposes where they have given express consent for us to do so or where there is a legitimate interest for us to do so.

The Organisers comply fully with the Data Protection Act 2018 and General Data Protection

Regulation.