Heswall ICE Festival Stallholders/Fairground Attractions /Mobile Caterers & Bars 

Terms and Conditions

1. STALLHOLDER APPLICATIONS 

1.1 Applications 

Completed application forms must be returned to the event organisers, Heswall Ice Festival by the stated deadline, together with all the requested paperwork and cheques. If any of the paperwork is missing, your application will not be considered. All applicants must read and agree to the terms and conditions prior to submitting their application. Please note that chalets cannot be secured or obtained from a third party under any circumstances. Applications will be accepted from individual persons or businesses. Joint applications will also be considered.  

1.2 Selection 

All applications are considered by the event organisers. (**There is no guarantee that stallholders who have exhibited in previous years will be offered a place in 2017) The submission of an application form and all the desired paperwork does not constitute the offer of a chalet. The decision of our selection and vetting process is final and binding. 

1.3 Offers and Declined Applications 

Successful applicants will be emailed with the offer of a chalet up to 30th November 2016. We cannot guarantee your preferred location but will do our best to accommodate where a pitch request has been forwarded. Unsuccessful applicants will be informed by email.  Please note that we reserve the right (at the event organisers’ discretion) to direct you to occupy another chalet at any time. 

1.4 Offer Acceptance 

Should your application be successful, you will be sent a Receipt confirmation.  If we do not receive payment from you by 21st November 2016, your pitch will be offered to another stall holder. No refunds are available, following acceptance, you are unable to take up your chalet.  No money will be refunded in the event of a cancellation.

2. LEGAL COMPLIANCE, INDEMNITY AND DISCLAIMER 

2.1 Health, Safety and Licensing 

Stallholders are expected to comply with all relevant legislation in respect of Trading Standards, Consumer Protection, Food Safety, Health and Safety and requirements of the Wirral Council Health, Safety and Environmental Health teams. Chalets will be inspected during the market and those deemed to not comply with good practice and general safety requirements will not be permitted to trade.  All stallholders wishing to sell alcohol are asked to apply for their own TEN. The organiser of the event Justine McLaughlin will have to receive a copy of your TEN before the event or any sale of alcohol. If you do not provide this on the day you will be asked to leave the event and unable to trade with no refund. 

2.2 Risk Assessment

All stallholders are required to have carried out a careful assessment of the potential risks associated with their particular activity and may be required to submit a written copy of this upon request. 

2.3 Insurance  

Heswall ICE Festival holds Public Liability Insurance, with a minimum cover of £5 million to cover the period of the festival for cancellation in the event of serious weather.    Heswall ICE Festival will provide security guards at both sites of the festival after the event has ended each day running through the night to the following day.  The security guards are responsible for keeping the sites safe and free from vandalism.  All stall holders are to make sure they have their own insurance to cover contents and the use of materials on their pitch.  Stall holders are responsible for locking their chalets each night the event is running and must coordinate with any joint stall holders.  Any items left in the chalets after each day of the event is left at the stall holders risk.

2.4 Indemnity

In signing the terms and conditions, stallholders (subject to approval by Heswall ICE Festival) shall indemnify Heswall ICE Festival and all event staff from and against actions, costs, losses (including legal fees), claims or demands in respect of any accident, damage, death or injury to any person or property arising directly or indirectly from the stallholder’s use of the chalet. 

2.5 Disclaimer

To the maximum extent permitted in law, you agree that Heswall ICE Festival are not responsible for any financial losses, or for any loss or damage to your equipment, goods or personal belongings and for any personal injury to you or any part or person connected with you. 

2.6 Data 

By signing the terms and conditions, you give permission for your company contact details to be stored on an electronic storage and retrieval system, which will be created for the exclusive use of those involved in the organisation of the Heswall ICE Festival. This will not be used by any third party without prior consent. 

3. STALLHOLDER CONDUCT 

Stallholders shall co-operate and comply with all reasonable requests and all other rules and regulations that may be advised from time to time by the Event Organisers and their nominated representative, Emergency Services and all other official organisation operating on site.  Rude or aggressive behaviour on site will not be tolerated by the event organisers and you may be asked to leave site. 

4. FINANCE AND PAYMENT 

4.1 All payments from successful stallholders will be banked on receipt. (After this time, first payments are non-refundable). 

4.2 Any late payments or payments not received by specified date may result in your pitch being reassigned to another stallholder and loss of monies paid to date 

5. CANCELLATIONS 

5.1 The event organisers reserve the right to delay, cancel, shorten or terminate the Heswall ICE Festival Market without notice in the event of adverse weather conditions, emergency situations or for any other reason beyond reasonable control. Stallholders will be informed in writing by email of any such decision or verbally if on site in the event of an incident. 

5.2 The event organisers’ further reserve the right to immediately terminate the right of any stallholder failing to comply with any of the terms and conditions, or any reasonable directions given by us or the parties specified in clause 3 above. 

5.3 No refunds or compensation of any sort will be paid to stallholders who fail to attend the Heswall ICE Festival or where we have exercised the right to delay, cancel, shorten or terminate the Market or where a stallholder has been instructed to cease trading due to non-compliance with any of the Terms and Conditions.  

By sending payment to secure a stall/pitch/fairground attraction pitch/mobile catering van pitch/bar pitch I confirm that the company will operate within the terms and conditions outlined in this document during our operation at the Heswall ICE Festival.  A copy of this document will be retained during our operation at the Heswall ICE Festival 2016.

** Relevant to 2017 Christmas events organised by Heswall District Business Association and/or Whitfield Business Support.