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This exhibition of goods, food or drink at the Yorkshire Dales Food & Drink Festival at Funkirk Farm for two event days on the 23rd & 24th July 2022 agreement (“this agreement) dated 03 November 2021.
Events By B3 Ltd a company incorporated in England under number 9770707 whose registered office is at c/o Pearson & Associates, Suite E, Canal Wharf, Eshton Road, Gargrave, Skipton, BD23 3SE, (hereinafter referred to as EBB3 Ltd).
OF THE FIRST PART
OF THE SECOND PART
- Events By B3 is the organiser of the event and owner of the Yorkshire Dales Food & Drink Festival (hereinafter referred to as ‘YDFADF’
- The Exhibitor wishes to exhibit and/or sell its goods / services and products at the event.
- The parties wish their agreement to be recorded in writing.
It is agreed as follows:
- In this agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings.
Agreed Purpose: means the sale / marketing of the Exhibitors goods, services / products within the allocated space.
Allocated Space: means the space at the venue, as described in schedule 1. The space number is the operational plan number and EBB3 Ltd have the sole right to place the Exhibitor where they see fit at any time.
Owner: means the owner of the venue and his representative(s).
Payment Date: means the date on which the fee for the allocated space will be taken by Direct Debit.
Payment Charge: means the rental charge as defined in Schedule 1 to this agreement, and in respect of the allotted space.
Event: means the YDFADF to be held at the venue on the event dates.
Event Dates: means Saturday 23rd and Sunday 24th July 2022 and for those specifically trading for the evening trade or campers Friday 22nd July 2022.
VAT: means value added tax or any other tax of a similar nature unless otherwise expressly stated all references to exhibitor fees or other sums payable by the Exhibitor are exclusive of VAT. VAT will be charged at the current rate.
Venue: means Funkirk Farm, Carleton, Skipton BD23 3AB.
Trading Hours: Saturday 9am – 7pm, Sunday 9am – 7pm and for those allocated a space in the designated evening trading areas, Friday 2pm until 11pm, Saturday 9am until 11pm and Sunday 9am until 11pm.
2.1 In this agreement:
2.1.1 Clause headings do not form part of affect the interpretation of this agreement.
2.1.2 Reference to any legislation will include any statutory or other re-enactment or modification thereof (whether before or after the date of this agreement).
2.1.3 Where the context requires, words denoting the singular include the plural and vice versa and words denoting gender include all genders.
2.1.4 References to clause and schedule numbers are to clauses and schedules in this agreement so numbered.
2.1.5 References to parties include references to their respective successors in title, permitted assignees and notates.
3.1 Exhibitor must pay to EBB3 Ltd, deposits, rental charges, tickets, license and electricity fees, via Direct Debit on the payment due date.
3.2 Subject to the provisions of this agreement, EBB3 Ltd endeavours to allocate an exhibition space in a specific area if requested. Once our festival content and layout plan has been confirmed we will then issue you with an exhibitor space. We reserve the right to change your position to suit our planning requirements up to and including the setup day Friday 22nd July 2022. All iterations of the event map are for guide purposes only, are not to scale and may change at any time.
3.3 EBB3 Ltd shall have the right to terminate this agreement and re-allocate the allotted space to another exhibitor in the event of a Direct Debit Cancellation, Direct Debit funds collection failure, non/late payment of any invoices and/or failure to respond to any communications within 30 days. No refunds will be given. No exhibitor will be allowed to trade at the event in the event that any parts of their invoice remains unpaid including any VAT.
4. EXHIBITOR UNDERTAKINGS
The Exhibitor hereby agrees and undertakes as follows:
4.1 To use the allocated space only for the agreed purpose only trading within the trade-lines as agreed with EBB3 Ltd as described in schedule 1. If during any trade-line checks undertaken prior to or throughout the running of the event EBB3 Ltd find that an exhibitor has breached this term EBB3 Ltd have the absolute right to demand the removal of any non-approved goods or products and may ask the exhibitor to leave the event. No refunds will be given.
4.2 To ensure that the allocated space is manned at all times during the continuance of the event trading hours as stipulated in Section 1. definitions.
4.3 To ensure that NO VEHICLE is moved anywhere inside the boundary of the event during the main event operational hours which are 8.30am until 7pm Saturday 24th July and Sunday 25th July. For those trading in the evening trading zone there is no vehicle movement between 1.30pm until 11pm on Friday 23rd July, 8.30am and 11pm on Saturday 24th July and 8.30am and 11pm on Sunday 25th. Those not trading for the campers will be allowed to move their vehicle after 7:30pm but will be escorted off site by the event team to ensure public safety at all times. No vehicle will be permitted onto or off site before 7.30pm on Sunday.
4.4. To comply with all reasonable and lawful directions and / or instructions of the owner or EBB3 Ltd and or any of our subcontractors.
4.5 To pay the rental charge, together with any sums due under the terms of this agreement, by Direct Debit on the payment date and in accordance with the terms of schedule 1.
4.6 To ensure that it does nothing that may, in the reasonable opinion of EBB3 Ltd, cause any harm, damage, nuisance, inconvenience or annoyance to other exhibitors or visitors or otherwise bring the reputation of the event into disrepute.
4.7 To install and arrange its goods and products, within the allocated space within your given time slot on the 22nd July 2022. Those in the evening trading zone need to be ready to trade by 2pm. No arrangements are available for setup outside of these times. You will receive your allocated time slot in your event pack. Allocated times are in place to ensure that the exhibitor booking in process is as efficient as possible. Exhibitors are permitted access the main event fields to restock between 7am and 8:30am on Saturday and Sunday morning. Entry to the Main Event Field and other fields is via GATE C only.
4.8 Exhibitors that have booked electric supply from EBB3 Ltd must arrive on site by 2pm Friday 22nd July. EBB3 Ltd do not guarantee that the electricity will be connected on that day. It may also take several hours to connect the electricity supply especially if the Exhibitor fails to bring the correct connectors, notify EBB3 Ltd of the correct connection type required and / or require more power than what has been ordered on the exhibitor electrical requirements form. No refunds will be given and EBB3 Ltd does not accept any responsibility for any losses incurred however they arise. Exhibitors using or requiring more power above their allocation will be charged accordingly plus an additional £50.00 + VAT fee. In the artisan electric area, overnight electric will be mandated, and you will be invoiced accordingly.
4.9 Arrive on site each event day in sufficient time be ready to trade to the public by 8.45am. Access to the exhibitor parking area will be stopped at 8.30am and any vehicles arriving after this time will have to park in the public parking area for which there will be a £5 charge payable at the main gate. Any exhibitor arriving late may not be permitted into the event to trade. EBB3 Ltd or the venue owner are not liable for any damage or loss incurred to any vehicle parked at the event at any times however so arising. There are certain areas of the event field where Exhibitors may be permitted to park behind / near their stand. You will be notified of this in Schedule 1. Areas where exhibitors WILL NOT be able to park behind their stand include Artisan Areas, The Makers, Yorkshire Ginnel, Dales Cafe and The Garden/Watering Hole on the Celebrity Big Top side.
4.10 To ensure that no vehicles larger than a Ford Transit Van are brought into the exhibitor car parks or anywhere in the event fields.
4.11 To ensure that all caravans, motorhomes, VW camper vans and tents are sited in the relevant festival fields and a ticket for these has been purchased in advance. Anyone found camping / caravanning, in a motorhome or VW Camper behind their stand or in any other location in the main event fields will be charged and removed from the event. No refunds will be given.
4.12 To ensure that no children (persons under the age of 16) are brought onto their exhibitor space to either work or be supervised during the event operational times or evening trading times if that exhibitor is trading to the public.
4.13 To ensure that no animals are brought onto their exhibitor space without the prior consent of EBB3 Ltd and inclusion in the event plan. No Food or Drink Traders may bring animals onto their exhibition space, with the exception of support dogs.
4.14 To ensure that no employee of the exhibitor consumes any alcohol within trading times. This includes Food/Craft & Bar Traders within Watering Hole, Yorkshire Ginnel, Dales Café & The Garden.
4.15 All Street Food Exhibitors are to provide one meal to a member of The Yorkshire Dales Food & Drink Festival Staff / Performers within the weekend of the festival. The exhibitor is only required to provide one meal throughout the weekend up to the value of £10.
4.16 To remove all goods, merchandise and personal property and any rubbish between the hours of 7pm and 11pm on Sunday 24th July 2022 and 11pm and 1am for exhibitors in the Evening Trading Zone.
4.17 To pay the £100 Waste / Damage Deposit. This is a refundable deposit to ensure that Exhibitors clear their own waste from their allocated space and does not damage their area. All waste should be taken to the skips and not left on your exhibitor space. There should be no damage to the grass or burn marks. The skips are located on the site map which is shown on our website. A copy is also sent to you with your final confirmation pack. You must ensure that an authorised member of our Team signs off your allocated space before you leave site on Sunday. The deposit will be refunded within 14 days of the event ending. You will be advised before you leave whether or not your Waste / Damage deposit will be refunded. Please note our team may take photographs of any damage or waste left on the allocated space which may be used as evidence.
4.18 To take all reasonable care of, and to make good all damage and loss caused to the Venue and any property therein, (including, but not limited to, any allocated space).
4.19 Not to supply from the allocated space any alcohol or tobacco without EBB3 Ltd’s prior written consent and the completion of a EBB3 LTD license form and payment of the license fee.
4.20 All drinks/beverages are to be sampled or sold for consumption on site to be in reusable, bamboo or paper bottles/glasses as per green policy in schedule 2. Any food sampling should be done in a way to prevent cross-contamination. Such as no samples left out for members of the public to help themselves, samples should be handed to the individual that has requested them. Samples should not be given in single use plastic shot glasses.
4.21 Products sold in glass bottles for consumption off site should be sold in a sealed bag.
4.23 Cocktail sticks are not to be used in sampling, please provide an alternative e.g. cake cases. This is to assist in the clear up after the event and to ensure the safety of any animals returning to the event field following the event. You will be asked to remove these from your space if any are found.
4.24 To ensure that all goods, products, and displays are restricted to the allocated space, and to ensure that such goods, products and displays or any other property belonging to the Exhibitor does not obstruct any exit from, or entrance to, or passage or gangway in the venue.
4.25 To ensure that all goods, merchandise, and displays are restricted to the allocated space, and to ensure that such goods, merchandise and displays or any other property belonging to the Exhibitor does not obstruct any exit from, or entrance in the venue.
4.26 To bear all costs and expenses with regard to the transportation, packing and unpacking and insuring of the Exhibitors goods, products and property.
4.27 To ensure that at all times, until its obligations are performed, to maintain insurance cover with an insurance company of repute, against all liability it may have to EBB3 Ltd under or in connection with this agreement (however arising).
4.28 To not install or use any electrical items not listed on the electric application form and to unplug all items at the end of each trading day if the Exhibitor has not ordered and paid for overnight electricity.
4.29 No glass glasses are permitted on site and drinks for consumption on site should be decanted into the permitted reusable plastic glasses as per schedule 2.
4.30 To notify EBB3 Ltd immediately on becoming aware of any accident or injury occurring to any person in the venue.
4.31 To comply fully with EBB3 Ltd’s ‘Going Green’ policy for 2022. A copy of which is in Schedule 2. PLEASE SEE THE CHANGES FROM 2021.
4.32 To understand that there will be limited contact with the YDFADF Team during the month of July as they will be busy building the festival from the 3rd July 2022. All information will have been sent to you before June via email. Most questions can be answered using our Exhibitor FAQ’s on the YDFADF website. EBB3 Ltd cannot be held responsible for any issues arising from the Exhibitor losing information which has been previously been sent to them.
4.33 To ensure that any deliveries (equipment or products) are made to the site on Thursday 21st July 2022 at the very latest. No deliveries are permitted on Friday 22nd July 2022 and will be refused entry by our Gate Teams.
5. HEALTH AND SAFETY RELATED MATTERS
5.1 The Exhibitor shall comply with all applicable laws, regulations and codes of practice relating to the event and the exhibitor’s attendance at the event, to include any rules and regulations set out in the organisers correspondence, any additional rules imposed by the owner of the venue and the authorities and any Fire and Safety regulations. Such legislation shall include without limitation The Health & Safety at Work Regulations 1999, The Provision and Use of Work Equipment Regulations 1998, Workplace (Health, Safety and Welfare) Regulations 1992 and The Manual Handling Operations Regulations 1992, the Regulatory Reform (Fire Safety) Order 2005 and The Coronavirus Act 2020. The Exhibitor shall ensure that all parties engaged or employed by the exhibitor are made aware of these obligations.
5.2 Without limiting the generality of the foregoing, the exhibitor agrees that:
5.3 All electrical requirements must be booked through our electrical supplier.
5.4 Each exhibitor space must have a separate electrical supply.
5.5. No naked lights, oil lamps or temporary gas / LPG or electrical fittings may be used in the Venue, unless agreed in writing by either EBB3 Ltd, the owner and / or authorities.
5.6 No Petrol generators to be brought on site without prior written consent from EBB3 Ltd.
5.7 No petrol, dangerous gases or highly flammable substances shall be brought into the Venue, unless agreed in writing by either EBB3 Ltd, the owner and / or authorities.
5.8 It shall do nothing to jeopardise the current insurance policies of the licenses of the venue or EBB3 Ltd and the exhibitor shall in all cases comply with any requirements of the authorities.
5.9 All Exhibitors must have Public Liability Insurance and if necessary Employer Liability Insurance and be able to produce copies upon request.
5.10 All Exhibitors must have filled in and have with them on site a copy of their Risk Assessment for their exhibitor space. This must be sent to EBB3 Ltd via email with any application to trade at the event. Exhibitors must comply with their Risk Assessment and enact any ammendments which are requested by EBB3 Ltd.
5.11 All Exhibitors, where appropriate, must have copies of their Safety Work Systems and Food Hygiene certificates on site.
5.12 All display material must be made by fireproof materials to the satisfaction of the authorities.
5.13 All Exhibitors and their employees must adhere to the guidance and instructions issued by EBB3 Ltd in relation to the Event Plan. This includes adhering to social distancing rules as per government advice, reducing the chance of infection by using PPE, regular handwashing and hand sanitiser.
5.14 Sanitisers should be antiviral with a high alcohol content. If hand sanitisers are used be advised that there is a risk of severe burns if alcohol sanitisers are still present on the skin near naked flames or sources of static electricity.
5.15 Anyone working on the event site who starts to feel unwell, or shows any symptoms of COVID-19, should immediately isolate themselves from other workers, notify the event manager then either stay in isolation until medical assistance can be brought to them or leave the site altogether.
5.16 Reduce the chance of infection by applying frequent cleaning of work areas and equipment between use, using normal cleaning products.
EBB3 Ltd shall not be responsible for:
6.1 The safety of items brought into the venue by the exhibitor, its agents, employees or sub-contractors; or
6.2 The supply to any exhibitor of any goods or services by the owner or other third parties at the event. Including the safety and working order of any items supplied by electricity whilst at the event.
Any loss of income or profits, damage to stock or products, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising.
6.3 Nothing in these terms shall exclude or in any way limit the liability of EBB3 Ltd for fraud or for death or personal injury caused by its specific negligence, or for any other liability to the extent that the same may not be limited or excluded as a matter of law.
6.4 Any injury, illness or death caused by the failure of exhibitors, contractors and any other personel including vistors as a result of their failure to adhere to or follow the code of conduct, health and safety plan, risk assessment and any other supporting documentation/instructions relating to Covid-19 or any viral infection.
6.5 The Exhibitor shall indemnify and keep indemnified EBB3 Ltd against all costs, losses or damages incurred by EBB3 Ltd or claims made against EBB3 Ltd arising directly or indirectly as a result of any breach of these terms by the exhibitor, any default or negligence of the exhibitor or the exhibitors agents, employees or sub-contractors in connection with the event.
7.1 The Exhibitor hereby acknowledges that EBB3 Ltd shall have the absolute right to advertise, market and/ or promote the event as it deems fit, and shall have sole editorial control over any publicity materials.
7.2 EBB3 Ltd has the right to use all photographic / video media materials submitted to EBB3 Ltd by the exhibitor as it deems fit.
7.3 The exhibitor may publish approved advertising and promotional material relating to the exhibitor’s attendance at the event. Such material can be accessed via the exhibitor drop box folder on the YDFADF website on the exhibitor page.
7.4 EBB3 Ltd may choose to display the Exhibitor name, business and product descriptions and images / video on its website and or social media platforms.
8.1 Events By B3 may cancel the booking forthwith by notice in writing to the exhibitor or if appropriate exclude the exhibitor from the event, if the exhibitor:
Breach(es) of any of these Terms:
8.2 Failure to pay any invoices by due dates.
8.3 Failure to respond to our communications within 30 days.
8.4 Becomes insolvent, enters liquidation or bankruptcy, passes a resolution for its winding up, had an administrator appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt; or
8.5 Ceases or threatens to cease, to carry on business.
8.6 Any fees paid including the booking deposit will not be refunded in the event of an exhibitor booking being cancelled by EBB3 Ltd due to the above conditions.
8.7 Fails to comply with any Health & Safety or COVID-19 element of these or any other instructions.
8.8 EBB3 Ltd shall be entitled to remove any person or thing or exclude the exhibitor from the Event in the event that Events By B3 considers that such removal or exclusion to be in the interests of the EBB3 Ltd, the Event or other exhibitors or visitors at the exhibition. This includes items / trade lines not listed on your terms & conditions as defined in Schedule 1.
8.9 In the event that the exhibitor cancels their application in less than 180 days of the event, no payments made towards the event will be refunded. There will be a £50.00 + VAT administration charge for all processed cancellations.
9. FORCE MAJEURE
9.1 Should the situation arise where the event or part of the event should be cancelled due to force majeure no refunds will be given.
9.2 ‘Force Majeure Event’ means:
9.2.1 An act of God including but not limited to fire, flood, earthquake, windstorm or other natural disaster;
9.2.2 Act of any sovereign state, including but not limited to war, invasion, act foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation;
9.2.3 Nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority or imposition of government sanction embargo or similar action;
9.2.4 Law, judgement, order, decree, embargo, blockade, labour dispute including but not limited to strike, lockout or boycott; interruption or failure of utility service including but not limited to electric power, gas, water or telephone service;
9.2.5 Failure of the transportation of personnel equipment, machinery supply or material required by EBB3 Ltd for the proper performance of the contract;
9.2.6 Breach of contract by any essential personnel;
9.2.7 Any other matter or cause beyond the control of EBB3 Ltd.
10.1 Neither party may transfer or assign this agreement to any third party without the prior written consent of the other party, such consent shall not be unreasonably withheld or delayed.
11.1 The exhibitor shall not sublet or otherwise share, any allocated space at the event without the prior written consent of EBB3 Ltd.
12. SPACE ALLOCATION
12.1 The allocation to the exhibitor of the allocated space shall be at the absolute discretion of EBB3 Ltd.
12.2 Exhibitor spaces are allocated at the absolute discretion of EBB3 Ltd and this may be different to the agreed or requested space position following the event build which may arise as a result of other exhibitor cancellations, trade-line conflicts or any other relevant reason. In the event that the exhibitor is unhappy with their space allocation they may chose not to exhibit at the event, but no refunds will be given.
13.1 Any notice or other communication given or made under this agreement shall be in writing via email, with the date/time being the record of delivery of the notice being served and may be delivered to the relevant party to the address specified or contact details specified in this agreement;
14.1 The failure of either party to enforce or to exercise any term of this agreement does not constitute a waiver of such term and will in no way affect that party’s right later to enforce or to exercise it.
14.2. This agreement represents the entire agreement of the parties in relation to its subject matter and supersedes any prior arrangements, understandings, promises, representations or agreements made or existing between the parties relating thereto.
15. GOVERNING LAW & JURISDICTION
15.1 The parties hereby agree that this agreement will be construed in accordance the laws of England and Wales whose courts shall be the courts of sole jurisdiction.
16.1 If any of the provisions of this agreement is held to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted from this agreement. Such an omission will not affect the validity of the remaining provisions of this agreement, which will remain in full force and effect.
17.1 This agreement may be amended or modified at any time by EBB3 Ltd. Any changes will be made in writing and the Terms & Conditions reissued.
18. NO AGENCY OR PARTNERSHIP
18.1 The relationship of the parties is that of independent contractors dealing at arms’ length and accordingly, nothing in this agreement will be construed so as to constitute the parties as partners, joint venturers or co-owners or empower either party to act for, bind or otherwise create or assume any obligation on behalf of the other and neither party will hold itself out as entitled to do the same.
18.2 Nothing in this agreement will create or be deemed to create the relationship of employer and employee or principal and agent.
19. EXHIBITOR APPLICATION
19.1 All applications must be made via a current booking form. We do not accept telephone or email applications not made via a booking form. In line with the data protection guide lines we do not sell on exhibitor Information to any external parties outside of EBB3 Ltd. A copy of our policy can be found on the YDFADF website.
19.2 Sending in an application form does not guarantee acceptance to exhibit at the event.
19.3 EBB3 Ltd reserves the right to refuse / to accept any application without stating a reason, and their decision shall be final.
19.4 The allocation of exhibitor space shall be at the sole discretion of the EBB3 Ltd.
19.5 We restrict the trade-lines at our event and reserve the right to review the ‘goods intended for sale’ on your application form and will advise you in writing what you are permitted to sell. This is also described in schedule 1.
19.6 Our Artisan Market Stalls are not suitable for exhibitors serving hot or ‘street style food’ and therefore should not be booked if your business falls into this category.
19.7 Each exhibitor will receive 1 event pass for staff per 1.5metre frontage booked. If you require more passes these will need to be booked beforehand and as there is a limited number of extra passes available these may be charged for.
20. COMPLAINTS PROCEDURE
20.1 Any issues arising at the event in relation to this agreement should be reported to the Event Manager. Who will respond accordingly.
20.2 Complaints should be made in writing to the Events Manager at email@example.com within 30 days of the event ending. No complaints after this period will be investigated or responded to and their decision is final.
SCHEDULE 1 – ‘Going Green’ Policy 2022
Along with festivals from across the UK, the Yorkshire Dales Food & Drink Festival (EBB3 Ltd) are taking steps to mitigate our effect on the environment. Our goal is to be as sustainable as we possibly can, whilst still making our event the best Food & Drink Festival in Yorkshire.
We have a long-term plan to achieve our ‘Going Green’ Policy but for our 2022 festival we are introducing the following guidelines:
1. No plastic straws will be permitted at the event. Please use paper or metal straws.
2. No plastic knives, forks, spoons or other cutlery. All cutlery must be made from FSC/assured wood.
3. No non-bio degradable glitter will be permitted at the event.
4. No Single use plastic cups/glasses/bottles will be permitted at the event. We will be using our own recyclable cups and will be in touch directly with those who will be using them.
5. No Single use food plastics – all exhibitors will be asked to serve their food / drink in alternative packaging materials where possible (i.e. paper, cardboard etc), including plates and cutlery. Manage napkin distribution to avoid waste.
We advise the use of:
- Biodegradable cable ties
- Paper or bamboo sampling products
- Compostable bin bags
6. All hot drinks holders/cups & lids must be made from cardboard or leaves and must be compostable.
7. Our Charity Partner will be collecting any surplus fruit, drinks, groceries, dairy and bakery products from any exhibitors and distributing them to those in need.
8. We always execute our ‘Leave no trace’ policy at Funkirk Farm. This is a working farm and should be respected as so. It took us an extra 5 days to clean up the field after our 2021 event. Not due to the public but due to the mess left by Exhibitors.
We therefore ask (as also specified in your terms and conditions above) that all waste generated yourself / your business should be placed in the relevant skips – AND NOT LEFT ON YOUR ALLOCATED SPACE, IF WASTE IS FOUND TO BE ON YOUR PITCH YOU WILL NOT RECEIVE YOUR £100 WASTE DEPOSIT BACK.
WE HAVE BANNED SOME EXHIBITORS THIS YEAR AS A RESULT OF THE MESS THAT WAS LEFT IN THEIR AREA THIS YEAR.