Penistone Gala, Terms & Conditions for Traders and Exhibitors
1. In these Terms and Conditions:
a. “Applicant” means any person, partnership, company or group who applies for a Stand/Pitch
b. “Exhibitor” means any Applicant who receives official notification from the Organisers that a Stand has been reserved for them.
c. “Gala” means Penistone Gala 2018, which is scheduled to be held at the Site on Sunday 10th June 2018.
d. “Organisers” means Penistone Gala events team.
e. “Site” means the Penistone Showground and adjacent field.
f. “Stand” means a space at the Site which is reserved by the Organisers for an Exhibitor at the Gala.
2. These Terms and Conditions apply to each Applicant and to each Exhibitor. An Applicant accepts these Terms and Conditions by applying for a Stand. An Exhibitor accepts these Terms and Conditions by confirming they wish to reserve a Stand at the price notified by the Organisers, by making payment for a Stand and/or by attending their Stand at the Gala.
Applications and Payment
3. The Applicant shall ensure that it provides full and complete information in relation to its application for the Stand, and will notify the Organisers immediately if circumstances change and the information requires updating. The Organisers may, at their absolute discretion, withdraw any offer of a Stand or cancel the booking (including on the day of the Gala) in the event that full or complete information is not provided or there are any changes to this information.
4. The Organisers will notify the Applicant of fees that would apply in respect of a Stand. The Organisers have complete discretion over whether to offer a Stand to any Applicant.
5. The Exhibitor shall ensure that all fees for its Stand are paid in full by 5pm, 1st June 2018 (unless prior arrangement has been agreed by the Organisers). The Organisers shall be entitled to cancel any Exhibitor’s Stand without liability where payment has not been made in full by this time.
6. The Exhibitor shall ensure that it has in place at least £1,000,000 of public liability insurance on the day of the Gala which will cover its activities at the Site. The Exhibitor will provide a copy of its insurance documentation to the Organisers on request.
7. The Organisers have complete discretion on the location of each Stand, and may change the location of the Stand at any time.
On The Day
8. The Exhibitor will arrive at the Site on the day of the Gala between 7.30am and 11:00am.
9. Immediately on arrival, the Exhibitor will notify the Organisers’ Trade Stand Manager to identify which Stand has been allocated to the Exhibitor. (Entry to the Site will be by the official entrance only)
10. In the interests of public safety, the Exhibitor shall not move any vehicle and/or trailer on the Site between 11:30am and 4.30pm unless express prior permission has been given by the Organiser.
11. The Exhibitor will ensure that the Stand is manned and ready for business by 12pm on the day of the Gala, and remains open for business until at least 3pm.
12. The Exhibitor will offer goods and services from its Stand at the Gala in accordance with all applicable laws and regulations (including applicable trading standards) and good industry practice. The Exhibitor will not offer any goods or services at the Gala which were not detailed in its application for a Stand.
13. The Exhibitor will:
a. not allow any third party to use its Stand (and will not sub-let its Stand in whole or part);
b. not encroach outside of the space allocated for its Stand;
c. not canvas for business nor operate at the Site, other than at the Stand;
d. not use any loudspeakers, megaphones or other voice enhancing equipment, without the express prior permission of the Organisers;
e. not operate in a way which could constitute a nuisance;
f. not damage the Site or any third party’s property;
g. not use any generator at a Stand unless it is adequately protected from the public; and
h. not use any cables at a Stand unless they are flown or protected using suitable cable matting.
14. If the Exhibitor offers food or drinks to the public, it must comply with all relevant sections of the Food Safety Act 1990, Food Safety (General Food Hygiene) Regulations 1995 and the Food Safety (Temperature Control) Regulations 1995. Environmental Services Officers of Barnsley MBC may be in attendance.
15. The Exhibitor is solely responsible for the security of its Stand.
16. The Exhibitor will operate its Stand safely and is solely responsible for the safety of its goods and services. The Exhibitor will ensure that its personnel are fully familiar with any equipment that is used at the Stand, including any emergency procedures.
17. In the event of any accident or emergency at the Site, the Exhibitor will immediately provide full details to the Organisers’ Trade Stand Manager. The Exhibitor will work with the Organisers to ensure that all people are calmly moved away from any incident and ensure there is access for any emergency vehicle that may be required.
18. The Exhibitor is responsible for ensuring all personnel understand and follow all emergency procedures which may be invoked by the Organisers at the Gala.
19. The Exhibitor will leave the Stand free from litter and in a clean and tidy state by 5pm on the day of the Gala.
General
20. The Exhibitor will comply with all requests and directions issued by the Organisers and will treat all the Organisers’ personnel with courtesy and respect.
21. The Organisers may take any action they deem necessary to protect the health and safety of members of the public at the Gala. This includes the right to close any Stand which does not comply with the terms of this agreement and the right to remove any generator which is not properly protected.
22. The Exhibitor will ensure that all its personnel and/or persons working at the Stand will comply with these Terms and Conditions.
23. The Organisers reserve the right to close a Stand and/or terminate this agreement without liability where:
a. the Exhibitor breaches any term of this agreement;
b. the Organisers deem that the Exhibiter’s goods or services do not conform to the Exhibitor’s application; or
c. the Organisers decide to cancel, abandon or curtail the Gala.
24. Termination of this agreement does not affect any rights accrued prior to termination.
25. The Organisers give no warranty as to the number of attendees at the Gala and give no warranty as to the goods or services which may be offered at the Gala by other Stands.
26. Neither party excludes its liability for fraud or for death or personal injury caused by its negligence or for any other matter which cannot be excluded by law.
27. The Organisers’ liability in relation to this agreement (whether in contract, tort or otherwise) shall not exceed the amount fees paid or payable by the Exhibitor under this agreement.
