Stall Holder Client Terms and Conditions – (food and drink)

Last updated March 2021

These are the standard terms of Client Business of Bedworth Carnival Ltd (BC) trading as Bedworth Party In The Park, and all work undertaken by BC shall be on these terms unless specifically varied in writing and agreed to by both parties prior to the event.

 

1. Event Booking Details

1.1 All bookings will be regarded as provisional until a signed copy of these Terms & Conditions has been received from the client, along with a non-refundable deposit for the required services (as set out in Clause 2.4 (below), and only if accepted by BC will the booking be confirmed. BC is not under any obligation to continue holding provisional bookings beyond the given option date (usually 10 working days from the time of booking) if these have not been received. For the purposes of this Agreement “working days” shall mean Monday to Friday inclusive.

2. Price & Payment

2.1 All prices quoted by BC may be amended when agreed with the Client and the Client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of BC.

2.2 Any query arising from an invoice must be notified to BC in writing by the Client within 10 working days of the date of the invoice receipt. Failure to comply will render the full invoice payable on the due date.

2.3 It is strictly the responsibility of the representative of the Client confirming the booking to inform all relevant parties of the payment terms, as set out by BC.

2.4 Deposit – A deposit of 50% of the total fee payable, as quoted and agreed in the written proposal (attached), of any event or programme shall be payable on confirmation of the order. The remaining 50% shall be known as the “balance”.

2.5 Balance Due – the balance of the total fee shall be payable 25working days prior to the event date.

2.6 Additional Expenses – any additional expenses or fees resulting from any changes made by the Client, that have not been quoted in the agreed

proposal but subsequently incurred by BC, will be invoiced separately after the event. Payment will be due within 5 working days of presentation, any queries

thereon raised within 3 working days of presentation and payment shall be made in accordance with clause 2.9. BC will agree any additional expenses or fees

with the client prior to these being incurred.

2.8 Late Bookings – Should a booking be made within 20 working days of the event date, payment in full will be required to secure the event.

2.9 Methods of Payment Cheque payable to Bedworth Carnival Ltd Bank transfer: Details available upon request to info@bedworthpartyinthepark.co.uk

The Client must inform BC in writing (preferably by email) of any bank transfers.

3. Cancellation

3.1 This clause applies to the following: where the client (a) cancels the entire event, (b) cancels partial use of the facilities for the event or (c) reduces the duration of the event as a result of which the contracted value is reduced.

3.2 Should an event be cancelled, the following cancellation charges will apply and extend to the total charge which includes: any required accommodation, function room hire, equipment, pre-booked food and beverage charges. In addition, the client will settle any third-party charges incurred by BC on behalf of the client.

Cancelation Clause %

More than 120 working days prior to the event Nil

120 to 61 working days prior to the event 50%

60 to 31 working days prior to the event 80%

31 working days or less prior to the event 100%

3.3 All cancellations must be received in writing from the client and will be deemed to take effect from the date of receipt.

3.4 BC reserves the right to cancel the client’s booking if there has been a change of more than 40% of the client’s original contract. Written notification will be sent to the client.

3.5 Any postponements of confirmed and contracted business will be considered as a cancellation in accordance with the above cancellation clause.

However, provided the revised event date is agreed and takes place within 130 working days of the original event date, payments received by BC from the

client shall form a credit towards the future event. The client shall, in that eventuality, be liable for any and all costs or expenses incurred by BC as a direct result of the postponement.

4. Liability

4.1 On some events the activities that the Clients will undertake may be inherently dangerous although all guests are fully supervised throughout. As such neither BC or its employees or agents shall be liable for any damage, loss, delay or expenses caused to the client, its employees, agents, licensees or invitees or any other persons attending the event except insofar as it results from the negligence of BC or breach of contract. Please note that during particular events and on certain activities it may be necessary to request individuals to sign a liability waiver on the day of the event (although the same does not purport to exclude liability for damage to personal property of the Clients employees or staff or property damage caused to the Clients property or personal injury arising as a result of the negligence of BC), in which instances BC agrees to indemnify and hold the Client harmless against all such claims. BC shall provide Public Liability insurance cover of £5million for each and every claim.

4.2 The Trader SHALL ensure that the goods and/or services offered to the public are of the highest possible standard and are offered at prices which are consistent with those normally charged by the same trade.

6.2 Sell only those goods and/or services indicated in his/her application. The BC will not permit any changes unless these have been authorised by the Events Manager.

6.3 Comply with the application together with the specifications and prices applied.

6.4 Only outlets expressly licensed to do so by the BC shall offer food or refreshment for sale or for consumption.

5. Force Majeure

BC shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God (other than one arising from or related to directly or indirectly from volcanic ash), strikes, lock outs, accidents, war, fire, breakdown of plant or machinery, and BC shall be entitled to a reasonable extension of its obligations.

6. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

7. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

8. Privacy

8.1. Personal details are managed in accordance with the BC data protection and privacy policy. Events managed by the BC on behalf of a third party or affiliate, are subject to delegate information being shared with the third-party organisation.

8.2. Photography,

filming and recording may be carried out at the venue from time to time. Stall holder and guests give consent to being included in photographs, video and/or sound recordings which may be used by the BC, without payment, in printed and electronic media, including the BC website and social media, for promotion of BC and its activities and may be selected for permanent preservation in the BC archives and used for research, publication, education, broadcasting, public performance, displays and exhibitions.

9. All Licenses are to be obtained by the stall holder and not the responsibility of BC 10. Each group, organisation and/or society raising funds for themselves are responsible for their own insurance cover.

11. BC hold no responsibility for persons or goods associated with any pitch or stall.

12. No flammable goods or equipment are to be used at any time, except where appropriate. A fire extinguisher must be available and provided by the Stall Holder

13. Vendors pitch must carry the necessary certification for correct use and storage.

14. All pitch holders are responsible for supplying any equipment needed for a stall. This should be in good working order with a PAT test. Pitch size will be 3m x 3m unless prior arrangement.

15. Pitch holders are ultimately responsible for the safety of all persons associated with the stall as well as the goods used.

16. All vehicles associated with pitch holders are to display the parking permit issued and be parked in a sensible manner in a designated area. Failure to display will

result in refusal of entry onto the park area that is blocked off. (2 free passes will be issued additional permits will be at a cost of £5 per vehicle per day)

17. No alcohol will be permitted on the stall. This includes as Prizes. Without prior authorisation is required.

18. All stall/pitches are always to be manned by a responsible adult.

19. All refuse, must be stored safely until you are able to dispose of such material in a responsible way by all pitch holders.

20. All power, tables and Gazebo’s are to be provided by the Stall Holder unless prior arrangement has been made

21. Site opens from 07.30am and closes at 21.00pm on the Saturday and at 18.00pm on Sunday. No Vehicle movement during these times unless necessary and marshals will be available to assist.

22. All vehicles on site must have the hazard lights on at all time until parked up in designated area by 10.30am.

23. All Stall Holders must have and supply Antibacterial Hand Sanitiser available for all guests.

24. The Trader SHALL NOT

24.1 Outside of the Allocated Space display any signs or notices, or distribute literature, without the prior written consent of BC and shall remove the same immediately upon demand.

24.2 Obstruct the Access Ways or cause or permit them to become dirty or untidy

25. All vehicles are parked at owners risk

Entire Agreement

This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.