Much Wenlock Christmas Fayre

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MUCH WENLOCK CHRISTMAS FAYRE
BOOKING TERMS AND CONDITIONS


MEANINGS:

  1. The Fayre means Much Wenlock Christmas Fayre

  2. Fayre Site means anywhere within Much Wenlock authorised for use by the Committee for the purposes of conducting the Fayre and includes High Street, Barrow Street, Wilmore Street, Bull Ring, the Church Green and any private land allocated for use as a Fayre car park.

  3. The terms “Committee”, “we”, “us”, and “our” shall be understood to refer to the Much Wenlock Christmas Fayre Committee.

  4. The terms “you”, “your” and “they” shall be understood to refer to the Applicant.

  5. Applicant means the person, persons or organisation submitting the booking form and any person or organisation working in any capacity on behalf of or under the direction of that person, persons or organisation.

  6. Booking Secretary means the member of the Committee authorised to deal with all aspects of booking stall spaces at the Fayre

  7. Reservation means a booking properly submitted and paid for by the Applicant and for which the Applicant has received e-mail acknowledgements from the computerised Fayre booking system and/or the Booking Secretary.

  8. Confirmed Booking means a Reservation which has satisfied all pre-conditions of booking and has been accepted by the Committee.

  9. Conditional Confirmed Bookings means a Reservation which has not yet satisfied all pre-conditions of booking but where the Applicant has committed to do so by the day of the Fayre and which has been approved in writing by the Booking Secretary.

  10. Stallholder means an Applicant with a Confirmed Booking or a Conditional Confirmed Booking, who has been allocated a Stall Space at the Fayre and received a Stallholders Pack confirming the booking.

  11. Stall Space means a location at the Fayre which has been authorised by the Committee for use by the Applicant

  12. Stall means structure or vehicle placed in a Stall Space by an Applicant

  13. PLI means Public Liability Insurance

  14. TEN means Temporary Event Notice

A) BOOKING & CONFIRMATION

  1. Valid applications for Stall Spaces can only be made by using the online booking system at https://wenlockchristmasfayre.org.uk or by lodging a completed hard-copy booking form with the Booking Secretary.

  2. The maximum number of Stall Spaces per Applicant is two.

  3. An application made online will receive an automatically generated e-mail acknowledgement and no online application will be deemed to have been received until the acknowledgement has been generated.

  4. An application made using a hard-copy booking form will be acknowledged by the Booking Secretary via e-mail. Applications using a hard-copy form will only be deemed to have been received when the acknowledgement has been e-mailed.

  5. It is the responsibility of the Applicant to ensure that they have obtained an acknowledgement that their application has been lodged correctly.

  6. The application can only become a Reservation once full payment has been received and a receipt has been issued by the Booking Secretary. It is the responsibility of the Applicant to ensure that they have received a receipt for their payment and no Reservation will be deemed valid unless verified by such a receipt.

  7. Once the Reservation has been made it is the responsibility of the Applicant to ensure that all further pre-conditions relevant to their application are met by the stipulated deadlines in order for the Reservation to go through a final review by the Committee and become a Confirmed Booking.

  8. Applicants may cancel their booking by submitting a written cancellation request to the Booking Secretary which must be received prior to midnight 31st October. Subject to this condition being met all monies paid by the Applicant will be returned in full and that shall remove all liability by the Committee to the Applicant.

  9. The Committee reserves the right to reject any application or cancel any Reservation without explanation. If an application is rejected or a Reservation is cancelled by the Committee prior to midnight 31st October all monies paid by the Applicant will be returned in full and that shall remove all liability by the Committee to the Applicant.

  10. All Confirmed Bookings will receive a Stallholders Pack approximately 3 weeks prior to the Fayre. This pack will include an Access Pass to the Fayre which should be displayed in the windscreen of any vehicle needing access to the Fayre site for set-up.

  11. The Committee reserves the right to deny access to any Stallholder who does not have an Access Pass.

  12. The Committee reserves the right to expel any Stallholder from the Fayre for any justifiable reason including but not limited to endangering others by breaching health and safety regulations, abusive, unruly or anti-social behaviour, failing to follow the reasonable instructions of Fayre officials authorised by the Committee, not abiding by the Booking Terms and Conditions, excessive noise or creating any other nuisance likely to offend or harm others etc. Any Stallholder expelled under this clause will not be entitled to refund of monies paid.

  13. All Stallholders accept full legal responsibility for the products they sell at the Fayre and accept they have no claim whatsoever against the Committee or insurers engaged by the Committee if they are in breach of English laws or regulations relating to their products and/or the sale of such.

B) PRE-CONDITIONS FOR CONFIRMED BOOKINGS

All pre-conditions relevant to any Reservation must be satisfied by midnight 31st October for it to become a valid Confirmed Booking. Stallholder Packs will only be issued to Applicants with Confirmed Bookings. Applications which do not satisfy the relevant pre-conditions of booking for their stall by October 31st (except where agreed in writing by the Booking Secretary) may be subsequently cancelled with no refund of any monies paid. Any refunds after October 31st are entirely at the discretion of the Committee.

1) Public Liability Insurance (PLI)

  1. All stallholders at the Fayre must have valid Public Liability Insurance in effect on the day of the Fayre.

  2. Acceptable evidence of PLI, usually in the form of a Certificate of Insurance, must be provided to the Booking Secretary either at the time of submitting the booking form or as soon as possible thereafter.

  3. In the event that PLI needs renewal between the date of making the Reservation and October 31st then proof of PLI should be submitted to the Booking Secretary as soon as it is received by the Stallholder and no later than October 31st.

  4. In the event that PLI needs renewal between November 1st and the day of the Fayre then, with the written agreement of the Booking Secretary, proof of PLI should be submitted to the Booking Secretary as soon as it is received by the Stallholder. In such cases a Conditional Confirmation of Booking will be deemed to be in force and a Stallholders Pack will be issued. If no proof of PLI is received prior to the day of the Fayre then the Conditional Confirmation of Booking and the corresponding Access Pass will be cancelled with no refund of monies paid.

  5. In exceptional cases, and only with the written permission of the Booking Secretary, Stallholders may be permitted to self-certify responsibility for public liability. Self-certification should be made in writing using specific wording provided by the Booking Secretary and received prior to the day of the Fayre. Attention is drawn to clause E2 of these terms and conditions.

2) Selling of Food

All Stallholders selling foodstuffs undertake:-

  1. To comply with English laws and regulations with regard to the preparation and selling of their products

  2. To have at their Stall Space on the day of the Fayre, copies of food hygiene certificates which show that they have food hygiene training and/or the places where their food is prepared has passed a hygiene inspection.

  3. To complete a CFOA Checklist for Food Concessions (copies available on the Fayre website or from the Booking Secretary), where applicable, and have the completed checklist available on their stall at all times during the Fayre.

3) Selling of Alcohol

  1. All stallholders selling alcohol undertake to comply with English laws and regulations with regard to the preparation and selling of their products.

  2. All stallholders selling alcohol undertake to obtain a Temporary Event Notice (TEN) from Shropshire Council permitting them to sell alcohol at the Fayre and to supply a copy of the TEN to the Booking Secretary prior to the day of the Fayre.

  3. If no TEN is received by the Booking Secretary prior to the day of the Fayre then the Conditional Confirmation of Booking and the corresponding Access Pass will be cancelled with no refund of monies paid.

C) RESPONSIBILITY OF STALLHOLDERS

All Stallholders:-

  1. undertake to comply with the current laws and regulations of England regarding Health & Safety and any other laws and regulations relevant to the operation of their Stall Space during the Fayre.

  2. accept sole responsibility for the safety (including fire precautions) of equipment and activities within their allotted Stall Space and within the boundaries of the Fayre generally.

  3. undertake not to inhibit, in any way, access of emergency vehicles to the Fayre Site.

  4. undertake to ensure that any electrical equipment connected to an electrical supply within the Fayre Site has been inspected & tested to the current Institute of Electrical Engineers (IEE) Wiring Regulations and that each piece of equipment has been PAT (Portable Appliance Test) tested and is labelled with a sticker showing the date of the test which should be within the 12 months prior to the day of the Fayre.

  5. undertake not to use any gas appliance within the Fayre Site unless approved in writing by the Booking Secretary and that any and all such appliances have a current GAS SAFE test certificate which will be available for inspection at the Fayre Site on the day of the Fayre. If approved appliances are being used on site the Stallholder also undertakes that all hose connections are made with “crimped” fastenings and that an adequate number of fire extinguishers/fire blankets are available in a prominent position for easy access.

  6. undertake not to use any portable generators, motors or engines of any kind, amplifiers and/or loud speakers without the written approval of the Booking Secretary.

  7. undertake to minimize trip hazards in and around their Stall Space and to use weights instead of guy ropes wherever possible to secure their Stall.

  8. accept sole responsibility for all claims arising from the operation of their stall at the Fayre including, but not limited to, the sale or handling of goods, services, food and/or alcohol and the structure of any gazebo, table, vehicle or apparatus of whatever kind in their allotted stall space and within the boundaries of the Fayre generally.

  9. undertake not to restrict access to any building, shop or otherwise that may be behind their Stall and to have nothing hanging at the back of their Stall which will prevent the public seeing such building or shop.

  10. shall indemnify the Committee against all claims, damages or expenses arising in any way out of their presence at the Fayre.

  11. if selling alcohol at the Fayre, must provide or give access to free drinking water on their Stall.

  12. selling or providing food and/or drinks on their Stall must comply with all relevant and applicable English laws, regulations and guidance in respect of food allergens and food labelling. In particular, but not exclusively, they should ensure that they and anyone representing the Stallholder and dealing with the public, is trained in relation to the allergen content of items on their Stall, that items are appropriately labelled and that information is clearly visible to all.

  13. are not permitted entry to the Fayre site prior to the entry time printed on their Access Pass.

  14. undertake not to dismantle their Stall before 4.30pm or move vehicles within the Fayre Site between the hours of 10am and 5pm unless authorized by the Committee or the emergency services.

  15. shall keep their allotted Stall Space clean, tidy and remove boxes and packaging from the space or keep them out of sight.

  16. shall remove all rubbish from their allotted Stall Space at the end of the day of the Fayre either by bagging it and taking it to the designated waste disposal areas at the Fayre or by taking it away with them.

  17. agree to pay a £50 waste removal charge, or the full cost of removal if higher, if, in the reasonable opinion of the Committee, they fail to comply with clause C16 above.

  18. give their express consent to appearing in publicity photographs and videos which may be taken on the day of the Fayre and authorised by the Committee for the purposes of publicity

  19. give express consent for their company details to be used for the purposes of publicity of the Fayre and for contact details to be passed to other Much Wenlock event organisers.

  20. undertake not to reassign the Stall Space to a party other than the Applicant or to use the Stall Space to promote other parties without the written approval of the Booking Secretary.

D) POSTPONEMENT, CANCELLATION OR RELOCATION OF THE FAYRE

  1. If, due to reasons beyond our control, the Fayre is cancelled, postponed or relocated, Applicants with Reservations, Confirmed Bookings or Conditional Confirmed Bookings shall have no claim whatsoever against the Committee for any loss or damage arising from the cancellation, postponement or relocation. Such reasons may include, but are not limited to, war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, pandemics and all similar events outside of our control.

  1. If the Fayre is cancelled under clause D1 above the Committee shall be entitled to retain all monies paid by Applicants to the extent necessary to cover all reasonable costs and liabilities incidental to the organization of the Fayre incurred to the point of cancellation, postponement or relocation.

  1. If, in the opinion of the Committee, by rearranging of the dates of the Fayre or by substitution of venues the Fayre can take place, Reservations, Confirmed Bookings and Conditional Confirmed Bookings shall remain in full force and effect except as to the size and position of the Stall Space whereby any modification or rearrangement shall be at our sole discretion.

E) DISCLAIMER

In addition to Public Liability Insurance all Stallholders are strongly recommended to take out insurance to cover fire, theft, damage and cancellation.

  1. The Committee shall in no way, unless proven legally liable, be responsible for any of the following:

  1. any claim for compensation or otherwise concerning the holding of or for anything arising out of or in any connection with, the Fayre.

  2. Any accident that may occur or for any death, injury, disease or loss arising at the Fayre or arising out of or in any connection with, the Fayre.

  1. If, by agreement with the Booking Secretary, a Stallholder is self-certifying responsibility for public liability you understand that:-

  1. in the event of an issue with the items you sell any and all liability will be entirely yours

  2. you are not covered under the insurances carried by the Much Wenlock Christmas Fayre.

  3. self-certification must be received by the Booking Secretary in writing, using wording supplied by the Booking Secretary, as soon as possible but definitely prior to the day of the Fayre otherwise your booking is cancelled without refund.

  1. The Committee will not be responsible for any loss or damage to your stock or for your expenses incurred, howsoever caused including, but not limited to, fire, theft, impact and water damage, cancellation or rescheduling of the Fayre etc.