Heswall ICE Festival 2016
Workshop Provider Terms and Conditions

1. ACCEPTANCE OF TERMS AND CONDITIONS

By agreeing to hold a workshop at the Heswall ICE Festival 2016, you are agreeing to the terms and conditions set out below and they form part of the contract between you and the Heswall ICE Festival. You will ensure that your employees, partners, agents, contractors, subcontractors and any other person attending the Workshop with you or on your behalf shall comply with these Terms. The Contract is formed when we send you a receipt of payment and booking confirmation.

2. WORKSHOP APPLICATIONS 

2.1 Applications 

Applications must be confirmed with Heswall ICE Festival by 30th November 2016 together with all the requested paperwork and fees. If any of the paperwork is missing, your application may not be considered. All applicants must read and agree to the terms and conditions once their application has been received. Please note that the workshop site 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. 

2.2 Selection 

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

2.3 Offers and Declined Applications 

Successful applicants will be emailed with the offer of a workshop up to 30th November 2016. We cannot guarantee your preferred location but will do our best to accommodate where a site 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 site at any time. 

2.4 Offer Acceptance 

Should your application be successful, you will be sent a Receipt confirmation.  If we do not receive confirmation of your workshop details from you by 30th November 2016, your workshop slot may be offered to another applicant. No refunds are available, following acceptance, if you are unable to take up your workshop.  No money will be refunded in the event of a cancellation.

3. LEGAL COMPLIANCE, INDEMNITY AND DISCLAIMER 

3.1 Your obligations

If you act in any way which in our opinion is likely to cause any harm or nuisance to any person at the Workshop, you will be required to leave the Workshop and we shall not be liable to refund you or any other payment.  You must comply at all times with the health and safety policy of the venue. You must comply with all requests from us or the venue with regard to health and safety and failure to do so will result in you being asked to leave the workshop (in which case no refund will be provided). You may not bring any equipment or items of a hazardous or dangerous nature to the Workshop.  You shall not cause any damage to any part of the venue (including outside areas, and all inside walls, flooring, fixtures and fittings). You are solely liable for any damage caused by you, your employees, contractors, sub-contractors and agents to any such area of the venue and shall fully reimburse us in relation to any damage so caused.  You must keep your personal belongings with you at all times and we accept no liability for any damage to, loss of or theft of any of your belongings or other items brought to the Workshop by you.

3.2 Health, Safety and Licensing 

Workshop providers 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.  The workshop marquee/tent may be inspected during the Heswall ICE Festival and those deemed to not comply with good practice and general safety requirements will not be permitted to trade.  It is at your discretion as to whether attendees of the workshop are able to consume alcohol purchased from the event or workshop itself during the workshop.

3.3 Risk Assessment

All workshop providers are required to have carried out a careful assessment of the potential risks associated with their particular activity and will be required to submit a written copy of this before 1st December 2016 or produced on the day.  Failure to do so could relate in cancellation of the workshop 

3.4 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.  All workshop providers are to make sure they have their own insurance to cover contents and the use of materials during their workshops.  Workshop providers are responsible for removing any of their own items and materials after their workshops have ended each day.  Any items left in the workshops after each day of the event is left at the workshop providers’ risk.

3.5 Indemnity

In providing a workshop at the Heswall ICE Festival, workshop providers (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 workshop providers workshop or use of the marquee/tent.

4. LIMITATIONS OF LIABILITY

4.1 Whilst every reasonable precaution is taken by us to ensure security and safety at the workshop, we shall not in any way be liable for any loss or damage suffered by you whatsoever in relation to the Workshop, save that nothing in these Terms shall be deemed to limit the liability of any person for death or personal injury caused by negligence.  Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, any fraudulent misrepresentation or any other liability for which it is unlawful to exclude or limit liability. Our total liability for any matter arising out of the Contract shall in all circumstances be limited to the price paid by you for the Workshop or its materials and we shall not in any circumstances be liable to you for any consequential loss whatsoever.

4.2 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. 

4.3 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. 

5. PROMOTIONAL MATERIALS AND MATERIALS AT THE WORKSHOP

You agree that we may include your details in any promotional materials relating to the Workshop and/or any materials used at the Workshop. We are not liable for errors or omissions contained in such information.  Unless otherwise stated, the copyright for any such promotional materials and any materials used at the Workshop (including course notes, slides, brochures, articles and case studies) belongs to us and may not be reproduced in any medium without our prior written consent.  You may use such materials for your own business purposes only and may not reproduce, publish or deal with such materials in any way for any commercial use.  We reserve the right to change the published programme or materials as we think fit.

6. PHOTOGRAPHY AND FILMING

We may wish to photograph or film the Workshop and reserve the right to do so for the purposes of promoting future workshops or otherwise. You consent to us (or any other person attending the Workshop) photographing or filming you and any persons attending the Workshop with you. You may not photograph or video the Workshop without prior consent of the attendees.

7.  TICKETS & BOOKINGS

Bookings for every workshop will be taken via the Heswall ICE Festival website; www.heswallicechristmas.co.uk.  All booking enquiries must be referred to and made through the website.  Tickets will be sent to attendees via email confirming the date, time and location of the workshop.  We shall not send you tickets for the workshop but will provide you with an attendee list before each workshop takes place.  Heswall ICE Festival and its organisers will not be responsible for any workshop slots not filled.  Heswall ICE Festival will keep you up to date with bookings on a weekly basis – an email will be sent to you every Friday up to the event the last email being 30th November 2016.

8. WORKSHOP CONDUCT 

Workshop providers 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 Heswall ICE Festival 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.  

9. FINANCE AND PAYMENT 

9.1 All payments from due from workshop attendees will be banked on receipt. (After this time, payments are non-refundable for workshop attendees).  No workshops will be advertised prior to receiving the deposit, this deposit is only refundable after completion of the workshop.

The fee for attending the Workshop will be agreed with workshop providers prior to the workshops. Prices are exclusive of VAT except where expressly stated otherwise. All payments for the workshop attendance must be made in full at the time of completing the registration form via the website and in any event prior to the date of the workshop.  Payment will be made via our merchant account provider (and you consent to us passing your necessary details to the merchant account provider to enable them to take payment for the workshop).

9.2 Profits received by each workshop will be transferred via bank transfer to the workshop provider using the bank details provided by them.  All proceeds received will be counted and collected via the website bookings and transferred to the workshop provider by 16th December 2016.  Please provide us with your bank details before 30th November 2016 to enable the transfer to be completed as quickly as possible.  Heswall ICE Festival does not take any responsibility for delayed payments but will endeavour to pay Workshop providers as quickly as possible. 

10.  TRAVEL, PARKING & ACCOMMODATION 

You shall be responsible for making and paying for your own travel and accommodation arrangements to and from the Workshop. If you are late at the workshop or prevented from attending the Workshop due to travel delays or any other circumstances, we shall not be obliged to provide you or the workshop attendees with a refund. Please be aware there is limited parking at the event and loading bays will only be able to use for loading for a maximum of 10 minutes.

11. CANCELLATIONS

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

12. POSTPONEMENT OR CHANGE TO VENUE

12.1 There may be circumstances in which we need to postpone the Workshop or change the venue at which the Workshop is to be held and if we do, we shall advise you of this as soon as we possibly can 

12.2 The event organisers’ further reserve the right to immediately terminate the right of any workshop providers 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. 

12.3 No refunds or compensation of any sort will be paid to workshop providers 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 workshop provider has been instructed to cease trading due to non-compliance with any of the Terms and Conditions.    

By agreeing to provide a workshop at the Heswall ICE Festival workshop providers confirm that they 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.

13. REFUNDS

All tickets for the Workshop shall be non-refundable.  If you are unable to attend the Workshop for any reason you may email us at Georgia.catherall@whitfieldbusiness.co.uk to provide us with the name of a substitute to attend the Workshop on your behalf and on receipt of this email we shall make such substitution and allow the substitute access to the Workshop.

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