Terms & Conditions 2020
Radiate Windrush Festival 2020
Exhibitor & Operational Terms & Conditions
Version 1.2020-0125
Our Definitions
‘The Event’ means Radiate Windrush Festival
‘The Organisers’ means Wanda Nation
‘The Event Trading Licence’ means the permissions granted by The Organisers and will hereafter be referred to as TETL
‘Exhibitor’ means any Company, Trader, Organisation or Staff/Agents of any such company who receive an Event Trading License from The Organisers to take a Trading Area / Exhibition Space
‘The Venue’ or ‘The Event Site’ means The Event within Crystal Palace Park, Ledrington Road, SE19 2GA
‘Official Contractor’ means any contractor appointed by The Organisers
‘Open Ground Area’ means the environmental space provided by The Organisers
‘The Trading Area’ means the marked-out / allocated open ground area and/or any furniture allocated on the marked-out open ground area
‘Operate’ or ‘Operation’ or ‘Operating’ means to sell goods, trade, exhibit, perform or similar
‘Trading Times’ means the timeframe permitted to Operate
Throughout these Term & Conditions Our Definitions may appear as BOLD, Underlined, Italic, Normal or as a mixture
1. Schedule Overview / Key Dates
Subject to change by The Organisers
· Event Site Build:
17 June - 20 June 2020
Exhibitor Entry & Set Up will be advised 2 weeks prior to The Event
· Event Dates:
20 and 21 June 2020
· Exhibitor Breakdown
21 June 2020 (20:00 until 23:00 and again on 22 June 2020 from 08:00 – 12:00)
· Exhibitor Exit:
Exhibitors MUST clear site of all debris, equipment and persons by latest 12:00 (noon) on Monday 22 June 2020 leaving their trading area as initially found on allocation
· Event Site Breakdown:
21 June 2020 (From the event close) – 24 June 2020
2. Timings
Timings may be subject to changes by The Organisers
2.1. Trading hours
Trading hours will be from 12:00hrs – 20:00hrs on Saturday and 12:00hrs to 19:00hrs on Sunday. Exhibitors are required to operate a ‘soft close’ prior to The Event finishing times on both days. Trading & closure times will be stipulated on the TETL
2.2. Closure Times Soft Close & Hard Close
2.2.1. SOFT CLOSE
Soft Close means an allocated time before Hard close.
- All catering preparation and cooking should cease by the time of SOFT CLOSE
- New admittance to rides and attractions should cease by the time of the SOFT CLOSE
- Winding down of performance and entertainment should cease by the time of SOFT CLOSE
Any activity already started before SOFT CLOSE may continue until HARD CLOSE
2.2.2. HARD CLOSE
Hard Close means that all trading must cease at the stated time on the issued Trading Licence.
Any Exhibitor/concession/activity/attraction/feature or the like trading after the hard close will not be permitted to trade for the rest of The Event or potentially for any other future events produced by The Organisers.
3. The Event Trading Licence (TETL) Specifications
Exhibitors may only Operate within the Licence Categories as specified in The Event Trading Licence (TETL) which is at the discretion of The Organisers.
DRINKS AND BEVERAGES ARE NOT PERMITTED TO BE SOLD AND YOU WILL NOT RECEIVE TETL
There are the following Licence Categories:
· Catering Hot & Cold Food
· Retail Goods & Services (Non-Food)
· Retail Goods & Services (Food & Grocery)
· Performing Arts
· Fundraising
· Informational
· Children & Minors
· Other
The Event Trading Licence (TETL) is granted based on the Licence Categories agreed on final review. Any change request to the Licence Categories must be made in writing to The Organisers no less than 5 weeks prior to The Event. All Licence Categories will be non-changeable and non-transferable after this time. The Exhibitor is contractually obliged to display TETL at all times whilst in Operation at The Event. Exhibitors Operating in Licence Categories not displayed on TETL they hold with The Organisers will be asked to cease trading, as a result there will be the immediate forfeiting of The Trading Area and TETL for the legal rights to Operate at The Event will be revoked forthwith.
4. Policies
4.1. Family Festival Policy
The Event is created for all the family to attend.
It is a requirement that all Exhibitors provide some type of option for lower income persons and families on restricted budgets to ensure that all event attendees can participate in the purchase of goods and services throughout The Event
5. Operations
5.1. Trading Area Allocation
The minimum Open Ground Area Operation size is 3m x 3m (9 sq. m)
Trading Area sizes can be viewed here
All Vans and Trailers must book the appropriate open ground space
All Catering Exhibitors must book a Trading Area which allows sufficient areas to prepare, trade, store & hold waste
5.2. Sub-Contracting, Sharing or Sub-Letting
The sub-contracting, Trading Area sharing or sub-letting of any part of The Trading Area by Exhibitors is strictly prohibited unless a written confirmation has been obtained from The Organisers. Anyone in breach of this condition will be removed from the event and the contract will be terminated with no refund.
5.3. Roving, Revelling & Amplification
Exhibitors must use their allocated Trading Area only. The use of megaphones or amplification to sell or promote is prohibited unless specified as part of the TETL
5.4. Exhibitor Noise & Music
The addition of a sound system large or otherwise is not permitted.
There is to be no amplified noise or music system large or small as part of your Trading Area unless specifically agreed with the trading manager on behalf of The Organiser.
A small personal phone or radio is permitted at the back of The Trading Area as long as it does not impact on the noise levels or neighbouring Exhibitors
5.5. Arrivals & Departures
All staff and contractors must arrive and depart as per The Schedule
5.6. Deliveries & Vehicular Movement
DELIVERIES MUST BE MADE BETWEEN THE SPECIFIED TIMES ONLY on each event day, after this time there will be NO VEHICLE MOVEMENT PERMITTED ON SITE. The operations manager reserves the right to change the movement times as necessary. Permitted vehicles will only be allowed to remain in the designated areas after these times. Non-compliance will result in the termination of TETL. Any Exhibitor found in breech will be requested to cease trading until the issue is resolved and maybe asked to leave The Event & Event Site by The Organiser or Designated Operations Manager and / or Head of Security.
All vehicles are to be parked in the Exhibitor Car Park unless prior permission from the Organisers has been given for on-site parking permit. Exhibitors must co-operate fully with the Event Security in any search of any Trading Area including Vehicles remaining within the Trading Area. No motor cycles, quad bikes or buggies are allowed on-site apart from those that will be operated by The Organisers. Vehicles being used in an irresponsible or uncooperative way, without relevant authority from the Organisers, will be evicted from the site or in some cases towed off-site at the owner’s expense. All vehicles on site must have a parking permit. Please ensure hazard lights are turned on when entering the Park. All vehicles are brought on site at the owner’s risk and must be suitably insured. The Organisers do not accept any responsibility for any loss or damage that may occur.
A strict vehicle movement curfew will be in place from 2 hours prior to opening on Event days until 45 minutes after the Event ends. Under no circumstances should vehicles be operated during these times. The Venue operates a 5mph speed limit within the park and this is governed by the law of England & Wales. The Highway Code is still applicable within the Venue.
5.7. Installation
Exhibitors MUST be setup and ready to Operate in compliance with The Schedule
Exhibitors will be provided with a pitch location number on arrival where their pitch must be set up
Exhibitors with more than 1 Trading Area can request to have them side by side
All goods must be confined to the Trading Area booked, paid for & confirmed. No overflow or over hanging onto adjacent areas will be permitted any overflow is chargeable and will be paid before permission is granted to Operate otherwise the TETL will be revoked and the Exhibitor will be requested to pack down and remove their set up from the Event Site
Trading Areas must be cleared of all goods and litter no later than 2 hours at the end of each of the event. Structures can be removed as per The Schedule.
Final event team clearance of the site will begin 30 minutes after the event closes on the final day
5.8. Entrance Wristbands & Passes
The event is ticketed - Persons without a ticket will not be permitted entry
Exhibitor Wristbands are for the use of Exhibitor staff & personnel only for the event days. They are not required for the build and breakdown days. Each wristband will act as a security pass for entry & exit to the event and will identify the Exhibitor Team to event Staff, Visitors & Security. It should be worn at all times during event days.
Each Exhibitor will receive an allocation of complimentary entry passes which can be used for friends, family, clients & existing customers. Exhibitors are encouraged to run competitions and promotional activity to distribute their allocation.
5.9. Prohibited Activities
No selling goods from any area other than your designated Trading Area
No selling goods other than those indicated on TETL issued
No selling onsite outside of the designated trading hours
Any or all of these actions will constitute illegal trading and you will be closed down and / or fined
The sale of alcohol, tobacco products, weapons, wax flares and portable bbqs are all banned. Anyone found to be breaching the terms of TETL will be removed from The Event Site immediately and prosecuted.
Anyone found to be using or selling or supplying illegal drugs will be immediately shut down and reported to the authorities.
Exhibitors must not promote hate speech or explicit nude content at any time throughout The Event
There is to be no amplified noise or music as part of the Trading Area unless specifically agreed with the trading manager on behalf of the festival management/licensing authority.
Exhibitors may under no circumstance sub-let all or part of the Trading Area, TETL issued is an explicit contract between the Exhibitor and The Organisers only.
Exhibitors will be allocated a set number of wristbands which must be carefully worn by yourself and your staff at all times on site. Any broken, incomplete or loose wristband will not be considered valid and persons may be asked to leave the festival site and will be prohibited from Operating within The Event Site
If it appears to The Organisers that the Exhibitor may be engaged in activities which are deemed to be contrary to the best interests of The Event and / or are unethical and / or deemed to be in breach of the law, The Organisers may, without being under any liability to refund or abate any charges paid or due herein, cancel TETL and Trading Area allocation agreed with the Exhibitor and require the Exhibitor to immediately vacate the Trading Area allocated to them and refuse the Exhibitor the right to participate further in The Event. If deemed necessary the relevant authority will be called.
6. Health, Safety & Environment
6.1. Food Hygiene & Food Safety
All Exhibitors offering food or food items must comply with the requirements of the Food Safety and Hygiene (England) Regulation 2013
Catering Exhibitors selling food for immediate consumption must:
· Hold a valid level 3 certificate for food safety and hygiene
· Be registered with their Local Authority as an event food supplier (This will be checked in the vetting period)
· Possess a food allergens list
· Preferably be registered with “Food Standards Agency” with a rating of 3 - 5
All food hygiene and safety documentation and booklets must be kept in The Trading Area and be available for inspection by the Environmental Health staff and/or Trading Inspector and/or The Organisers
See the Food Safety & Hygiene Document
6.2. Environmental Sustainability
All Exhibitors must have some form of Environmental & Waste Management statement in place and must have some commitment to reducing the use of plastic in services
6.3. Risk Assessment
All Exhibitors should have completed their own Risk Assessment and uploaded it to the Document Store no less than 4 weeks prior to The Event
6.4. Fire Safety
All Food Exhibitors must provide a 5kg dry powder fire extinguisher and a light duty fire blanket. Each Trading Area must have an appropriate first aid kit for staff use
6.5. Gas Safety
All Food Exhibitors using gas should provide certification to the effect that any approved LPG installations have been recently inspected by a CORGI registered engineer. All gas piping must be connected using gas crimp connector. Evidence must be kept on site at all times available for inspection
6.6. Electrical Safety
All electrical equipment must carry PAT/electrical safety certification - this must be available for inspection at the event.
As far as practicable, all electrical equipment must be located so that it cannot be touched by members of the public or unauthorised workers.
Personal generators are not permitted onsite – all electricity must be purchased from The Organisers
Sockets must not be overloaded and cause a fire hazard
6.7. Cleaning & Refuse
Each Exhibitor is personally responsible for the cleanliness of their Trading Area, both back and front, including the public area immediately outside of the allocated Trading Area. Litter inspections will be randomly carried out over the course of the day, if your area is unacceptably littered you may be asked to cease trading whilst you carry out cleaning.
All refuse must be placed in the correct receptacles. Refuse and contaminated liquids must be disposed of responsibly.
No LPG bottles or Oil drums are to be left on site and must be taken away by the Exhibitor.
Where possible Exhibitors should be as environmentally as feasible
6.8. Structures & Constructions
All Exhibitors on Open Ground are required to provide structures of sound and safe construction and use suitable marquees, tents or other self-build structures with all supporting poles, frames, guy ropes and fastenings etc. All guy ropes and fixing stays must be conspicuously marked to ensure they do not present a trip hazard. All structures should be fully and properly weighted down to ensure stability. Exhibitors must not create wind sail hazards
7. Administration
7.1. Exhibitor Deposit Scheme
In order to Operate at The Event, Exhibitors may be required to pay a Scheme Deposit in advance of The Event commencing. The aim of this refundable Scheme Deposit is to help us to reduce our impact factor on our parks and open spaces alongside the overall impact of waste on the environment. We aim to keep waste management costs to a minimum by reducing the amount of waste being left on site, as well as coming on to site in the first instance.
Recyclable and compostable materials are preferred on site options.
Any Exhibitors who do not comply with this requirement will forfeit their deposit in full and may be liable for additional charges which will be billed post Event
If the Exhibitor Deposit Scheme applies full documentation will be provided
7.2. Fees & Payments
7.2.1 Deposit Payments
All Exhibitor payments consist of a deposit which is approximately equal to 1/3 (One Third) of the total charged for the Trading Area and or invoice amount, whichever is greater and this is non-refundable in line with the terms and conditions. Payments must be paid upon the issuing of an electronic payment request via online booking or offline invoices.
7.2.2 Late Payments / Non-Payments
All Exhibitor payments, charges and fees must be cleared upon payment schedule. Any outstanding and overdue payments will result in the non-issuance of TETL and the forfeiting of any allocated Trading Area and /or allocated Furniture with no exceptions to these conditions and without prejudice.
All final balances must be cleared no less than 28 days prior to The Event
7.3. Changes & Cancellation
All Exhibitor and Trading Area deposits are non-refundable, remaining payments are refundable up to 9 weeks before the event
7.4. Abandonment and limitation
In the event of any abandonment, postponement or limitation of the use of the Event premises or any of the services provided therein, resulting from unforeseen circumstances or intervention by an outside authority, or by a decision found necessary by the Organisers, Exhibitors or their Agent or Contractors shall have no claim against the Organisers in respect of any resulting loss or damage and the Exhibitor’s liability under this contract shall not be reduced. The Organisers reserve the right to alter the layout of the Event in any respect and at any time. The Organisers will not be liable to make any payment or compensation, and the Exhibitor will not be entitled to withdraw from their contract. The Provision of the Laws Reform (Frustrated Contracts) Act 1943 shall not apply to the Contract or any part thereof.
7.5. Insurances
All Exhibitors must have PLI (Public Liability Insurance) with a minimum cover of £5m - Proof is required to be provided. Further advice and insurance recommendations can be obtained from The Organisers however, each Exhibitor shall indemnify the Organisers against all liabilities, action costs, claims and compensations for injury or loss to any person or damage to or loss of property arising as a result of their occupancy of an allotted stand space or of any act, omission or negligence done or omitted by The Exhibitor, Exhibitor Staff, their Agent or any other person under their direction. Each Exhibitor must adequately insure and keep themselves insured to cover their liabilities under these Terms and Conditions. Exhibitors must also hold a General Third Party Policy of insurance to cover their legal liability for negligence of an indemnity of at least £5,000,000 (five million pounds). Likewise, Exhibitors are responsible for ensuring contractors delivering to, or working on their Trading Area, are suitable insured. The Exhibitor’s public liability insurance policy certificate must be submitted to the Organisers prior to Operation
8. General Observances
8.1. Attendance
Exhibitors acknowledge that The Organisers shall not be held responsible or liable for the failure of all or any other contracted exhibitors to attend the Event or the failure of any number of visitors to attend the Event for any reason beyond the reasonable control of The Organisers.
8.2. Other Exhibitors & Visitors
Exhibitors acknowledge that the Organisers shall not be held responsible or liable for the failure or conduct of all or any other Exhibitors and / or Event Visitors within the Event beyond the reasonable expectations of management control.
8.3. Conduct
Exhibitors and their staff must carry out business and conduct themselves in a manner not objectionable to other Exhibitors, Visitors or the Organisers. In the event of this regulation not being observed, The Organisers shall be entitled forthwith to terminate the Exhibitor’s license to occupy the stand. Exhibitors are not allowed to fix advertisements upon any part of the Venue. Exhibitors and their staff must provide assurances that any staff that are likely to come into contact with children have had a satisfactory Disclosure and Barring Service (DBS) check within the last 12 months
Any complaints made about an Exhibitor by, but not limited to, a member of the public, Official Event staff members, or elected members will be investigated and, if in the reasonable opinion of the Organisers the complaint is substantiated, the Organisers will implement the following three-stage process:-
1. A verbal communication and warning to the Exhibitor and demand that the substance of the complaint be remedied.
2. A written warning to The Exhibitor stating that the verbal warning and demand were not acted upon by The Exhibitor to the Organiser’s reasonable satisfaction.
3. Written ejection letter to The Exhibitor stating that neither the verbal warning and demand, nor the written warning were acted upon by The Exhibitor to The Organiser’s reasonable satisfaction.
Any breeches deemed serious will result in the immediate stage 3 ejection.
Following the ejection letter, The Exhibitor will be requested to cease Operation and escorted off the site by the Event Security once the Trading Area has been cleared.
8.4. Date Change and/or Cancellation
In the case of any event or issue outside The Organiser’s reasonable control (including, without limitation, any strike or other industrial action involving The Organiser’s own workforce) which causes The Event or any part thereof to be held on a particular date or delivered in full, the Organisers shall be entitled in its absolute discretion to cancel, relocate or change the date of all or any part of the Event or reduce the planned period for preparation, display or dismantling of the Event and in such event any refund of payments to the Exhibitor shall be at the absolute discretion of the Organisers. In the event that The Event (or part thereof) is Cancelled by the Organisers for commercial reasons, without limitation, then all payments made by the Exhibitor to the Organisers will be refunded, herein the Exhibitor thereby agrees that in such circumstances they will have no further claim, whether for damages or otherwise against the Organisers.
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