Terms and Conditions

1.DEFINITIONS, GOVERNING LAW AND INTERPRETATION
1.1 Definitions In these notes and conditions (the “Conditions”) the following words and expressions are expressly defined and shall have the following meanings: “Contract” means any contract between the Organiser and the Exhibitor for the provision of services, incorporating these Conditions;

“Exhibitor” means the person, company or organisation who has contracted for a pitch or pitches at the Festival;

“Exhibition Site” means the venue as described in the booking information;

“Festival” means the event as described in the booking information;

“Organiser” means Hythe Life Community Interest Company a company incorporated in England and Wales (registered number 09028862) and whose registered office is at Cornerways, The Green, Sandling Road, Hythe, Kent CT21 4PS.

1.2 Governing law and Interpretation These Conditions and/or the Contract and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the law of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales in respect of the same.

2.0 CONTRACTS
2.1 The Contract shall be made (and without limitation bookings shall only be accepted) on and subject to these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Exhibitor purports to apply.)

2.2 These Conditions apply to all bookings and any variation to these Conditions shall have no effect unless expressly agreed in writing by both the Organiser and the Exhibitor. The Exhibitor acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Organiser which is not set out in writing in the Contract.

1. Schedule: The We Love Hythe Life Food Festival, (“the Festival”), is organised by Hythe Life CIC (“HL”). The event will be held at “The Grove”, Hythe Cricket Club, Hythe, Kent

Public Opening days and hours: Saturday 24th – Monday 26th August 2025

Trading Hours: 11am – 7pm, Sat &Sun

Trading Hours: 11am – 5pm, Mon

Traders Access: Sat/Sun/Mon 6:30am onwards. No vehicles to enter the site after 9:30am. All vehicles to be off-site by 10:15am

Friday set up can be accommodated but must be arranged separately with the Organiser.

Taking down of stalls: From Monday 6:00 pm Site to be clear by 10pm, Monday

2. Stall-holders All products when offered for sale to the public should clearly indicate the provenance or origin of the product for the benefit of the consumer, so that they are able to easily identify local produce.

3. The cost of pitches As per Booking Form

4. Payment Full balance payable upon booking. Price as agreed between the Organisers and Exhibitors.

5. Position of stalls HL will allocate the pitch position according to power requirements / gas usage / product type.

6. Utilities a] Electricity – Electricity will be supplied by the Organisers for the price as agreed between the parties. All payments for electricity to be made in advance. No exhibitor is to bring their own electricity supply without the written agreement of the Organisers. Any such equipment subject to inspection by the Organisers of the Festival and must be correctly certified and have been inspected and passed as safe for commercial use within 12 months by a competent electrician or other competent person within the legal meaning of the term.
b] Use of Electric & Gas Cooking equipment ; propane and gas bottles : Gas cooking equipment must be of a commercial standard and not a domestic unit. If in doubt, contact HL for advice. No traders will be allowed to use any cooking equipment unless they have:
i] submitted a basic fire risk assessment in a format supplied by HL ii] suitable fire extinguishing equipment, which has been inspected by a recognised agency within the last 12 months, visible and near to the cooking equipment iii] the cooking equipment has passed a current official inspection (Gas Safe or equivalent) iv] the gas bottles are supplied through a Gas Safe supplier

7. Fire and Safety Regulations
The following safety regulations, set down by Kent Fire Brigade must be adhered to at all times: Fire-extinguishers to be visible and accessible, and all cooking and heating appliances must be positioned as to guarantee complete safety.

It is forbidden for any appliances to be operated on alcohol, petrol or oil.For Liquid Petroleum- Gas (LPG) , the pressurised containers must be positioned in a removable and well ventilated place. The connections to be made of red copper pipes bound by soldered silver rings. All hoses must be in a safe condition free from visual signs of cuts, cracks, fading or hotspots. Hoses should be fitted to connectors with approved devices – Jubilee clips are not permitted. Cylinders must be fitted with a fully functioning regulator and flashback arrestor. Only purpose designed appliances for cooking and frying may be used, (frying appliances must be fitted with a thermostat) A fire extinguisher appropriate for the fuel used must be placed near such appliances. All flammable paper, packaging waste must be removed from the area around any cooking appliance immediately and stored in a fire resistant container. Specific fire safety arrangements will be required for any barbecues whether gas powered or charcoal. Please contact the festival team for full details. Flammable or toxic gas inflated balloons are forbidden.

8.0 Food Hygiene
8.1 All stall holders and those handling, preparing and selling food must have either: − a current Food Hygiene Rating Scheme certificate, or − staff with current food hygiene training certificates
8.2 All food labelling and packaging must comply with the requirements of the Food Standards Agency. Allergen and product content information must be clearly displayed on the Exhibitors stall. The Organiser will not be liable for any loss or damage arising out of an Exhibitor failing to display the correct allergen/content information or any allergen/food content information on their stall.
8.3 Stall holders must ensure that adequate arrangements are available for refrigeration of food both while at the Festival and while being transported to and from the Festival. There are no refrigeration facilities available at the venue.

8.4 Food must be covered when the stand is unmanned to avoid contamination.

9. Insurance
9.1 Theft, breakages, flooding, water, storm and any other form of damage to the Exhibitors’ produce, equipment, stalls and machinery are the sole responsibility of the Exhibitors.
9.2 Exhibitors will also be held responsible for any accidents or damage caused by their equipment, stalls, machinery or produce.
9.3 Public Liability Insurance must be held by each Exhibitor in the sum of £5 million.
9.4 Exhibitors agree with HL to indemnify HL from and against any and all loss, damage or liability whether criminal or civil suffered and legal costs and fees incurred by HL resulting from a breach of these conditions by the Stall-holders including any act of default or neglect of the Stall-holders’ employees or agents. 9.5 Security personnel will be on the ground at night. 9.6 Exhibitors are responsible for the security of their stalls, goods and equipment during the opening times of the event as defined in the Schedule. All goods and equipment left on site outside of the Festival hours are left at the Exhibitors own risk.

10. Exhibitors Obligations
10.1 All stalls should be constructed and decorated to a high standard in keeping with the principles of the Festival. Marquees should be of commercial quality and be secured against adverse weather by the compulsory addition of weights, tent pegs and other such devices. In the event of adverse weather or the forecast of adverse weather, the Exhibitor must take down and adequately secure any structure or equipment that could be moved by high winds and cause a danger to others. This is solely the responsibility of the Exhibitor and they will indemnify HL for any loss or damage suffered as a result of their breach of this clause.
10.2 All stalls must display the stall-holders name clearly.
10.3 Any damage to the marquees, matting, installations, or any equipment provided by HL must be paid for by the responsible exhibitor(s).
10.4 Exhibitors are forbidden to address visitors through either microphones or loudspeakers.
10.5 A PA system is provided by HL for emergency and public announcements.
10.6 Exhibitors should not display banners or branded material anywhere on the Festival site other than on their allocated stall area – unless previously agreed.
10.7 Each Exhibitor must provide details to the Organiser of the stock that they wish to sell. Only appropriate Exhibitors will be accepted. The Organiser may request photographs and/or samples. Exhibitors attempting to display or sell stock that in the opinion of the Organiser is different from that detailed may be required to remove such stock and/or required to leave the Festival Site (at the absolute discretion of the Organiser, whose opinion shall be final in this respect).
10.8 The Exhibitor is responsible for ensuring that all stock displayed and/or offered for sale complies with any relevant UK legislation governing, inter alia, its manufacture, advertising and sale. Without limitation to the foregoing it is a condition that the Exhibitor, rather than the Organiser, is responsible for obtaining, and each Exhibitor undertakes to obtain, any necessary consents or licences (including without limitation as regards the sale of alcohol or alcoholic goods for consumption on or off the Exhibition Site) and the Exhibitor shall indemnify the Organiser against any loss to the Organiser as a consequence of the Exhibitor breaching the aforesaid condition in any respect.
10.9 The Exhibitor must not display or offer for sale goods of a noxious or obscene nature or which contravene any UK legislation. The Organiser reserves the right to remove any such material from the Festival.
10.10 The Exhibitor undertakes to display their stock in the allocated space, in good order and in a professional and attractive manner.
10.11 The Exhibitor undertakes to ensure that the Exhibitor’s stand is staffed and adequately stocked throughout the advertised hours of the Festival.
10.12 The Exhibitor undertakes not to pack away any stock and/or leave the Exhibition Site until after the Festival has closed and the Exhibitor has been given permission from the Organiser to pack away.
10.13 All electrical equipment used by Exhibitors should have the relevant IET certification
10.14 At the end of the Festival all Exhibitors must ensure that their stand is cleared, all rubbish removed and that the Exhibition Site is left in a clean and orderly state.
10.15 The Exhibitor accepts that it may be necessary for the Organiser to request the Exhibitor to move and/or remove any item in connection with the Exhibition Site, including the removal of vehicles, boxes, packaging materials etc and undertakes to comply with any request reasonably made by the Organiser, its employees or assignees.
10.16 The Exhibitor may not assign, sublet or grant licences in respect of the whole or any part of the space allocated to them and/or any other benefit or obligation under this agreement.
10.17 All Exhibitors are required to have their own Public Liability Insurance and to have it with them at all times.

11. Obligations of the organiser
11.1 The Organiser undertakes to promote the Festival in a professional manner. The Festival will be advertised appropriately and where possible will be signposted. Details of marketing activities conducted by the Organiser are available upon request at reasonable notice.
11.2 The starting and finishing times of the Festival will be notified to the Exhibitor.
11.3 The Organiser will consider all applications from prospective Exhibitors and will take reasonable steps to ensure a consistent quality of Exhibitor and a competitive mix of products.

12. Payment and Cancellation
12.1 The payment amount should be calculated according to the details in the booking information and at the discretion of the Organisers.
12.2 Payment can be made by BACS, cash or by cheque ( made payable to Hythe Life Magazine). Full payment to be made by 28 February 2025 unless otherwise agreed by HL.
12.3 A non-refundable eco deposit of £50.00 is due at the time of confirmation of booking.
12.4 No booking will be accepted unless it is accompanied by the appropriate non-refundable deposit and the Organiser reserves the right to cancel any booking and retain the non-refundable deposit if the balance of the payment amount is not received in accordance with clause 12.2.
12.5 The Organiser reserves the right to refuse any booking.
12.6 The Organiser is entitled to cancel any booking not less than 24 hours before the date of the Festival should the Organiser (in its sole discretion) deem it beneficial or expedient to do so (for whatever reason), provided that the Organiser shall then refund to the Exhibitor within 7 days the deposit and any other part of the payment amount then paid by the Exhibitor. The Exhibitor accepts that in this respect every booking is purely provisional until the date and time 24 hours and less before the Festival; and the Exhibitor further agrees that in the event that his booking is cancelled pursuant to this clause 12.6 the Organiser shall have no further liability whatsoever to the Exhibitor other than as regards repayment of the payment amount and deposit and without limitation to the foregoing the Organiser shall have no liability in those circumstances to the Exhibitor in respect of any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of contracts, damage to property, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly to the Exhibitor.
12.7 Cancellation of any booking by the Exhibitor must be made in writing. A full refund (other than of the deposit, which shall be retained by the Organiser) shall be made if cancellation is more than three months before the date of the Fair. No refund of any of the payment amount will be made and/or the full fee will be payable if cancellation is made 28 days or less before the date of the Fair.
12.8 In the event of the Exhibitor entering into liquidation, whether compulsory or voluntary (save for the purpose of reconstruction or amalgamation) or, being an individual, committing any act of bankruptcy, or whether a company or an individual, calling any meeting of, or making any arrangements with, its/his creditors, or permitting any judgement to remain unsatisfied for seven days, or a distress or execution being levied upon any goods or premises of the Exhibitor, the Organiser shall have the right to terminate any contract with the Exhibitor, to cancel the allocation of the stand and to retain all monies paid by the Exhibitor under such a contract.

13. Claims, Indemnity and Insurance
13.1 Every Exhibitor hereby accepts liability for all acts or omissions of himself, his servants, contractors and agents and undertakes to indemnify the Organiser and keep it indemnified against all liability in respect thereof and against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the Organiser or incurred or become payable by it arising therefrom or in respect thereof, including any claims arising out of the supply by the Exhibitor of samples of any kind whatsoever, whether such samples be sold or given away free and including without limitation any legal costs and expenses and any compensation costs and disbursements paid by the Organiser on the advice of his solicitors to compromise or settle any such claims.
13.2 If the Festival is cancelled by reason of war, fire, national emergency, labour dispute, strike, lock-out, civil disturbance, inevitable accident, the non-availability of the Festival premises, or any other cause, whether ejusdem generis or not, without limitation the Organiser may at their entire discretion repay any payment amount paid by the Exhibitor (other than the non-refundable deposit which shall then be used to cover administration costs of the Organiser) or part thereof, but shall be under no obligation to repay the whole or part of such rental, and shall be under no liability to the Exhibitor in respect of any actions, claims, losses (including consequential losses), costs, expenses whatsoever which may be brought against or suffered or incurred by the Exhibitor, as the result of the happening of any such events.
13.3 If the Exhibitor, or their servants, agents or subcontractors should fail to remove all their property or otherwise fail to vacate the Festival premises in accordance with the timetable issued by the Organiser, the Organiser will hold the Exhibitor fully responsible for any penalties imposed by the venue owner, or any other losses and costs incurred by the Organiser as a result of the Exhibitor failing to vacate the premises by the agreed time and the Exhibitor agrees to pay the same on an indemnity basis.
13.4 The Organiser does not accept responsibility for any loss or damage from any cause whatever, in respect of any property brought to the Festival premises by Exhibitors or stand holders or their servants, agents, subcontractors or any other persons, and the Exhibitor or stand holder is required to indemnify the Organiser in respect of any such loss or damage to the exhibits or any other property brought to the premises whether it is their property or not. Without limitation the Exhibitor shall indemnify the Organiser in respect of any liability in respect of any damage to the Exhibition Site arising from use thereof by the Exhibitor, their servants or agents.
13.5 Each Exhibitor shall indemnify the Organiser against any claim which may be made in respect of any alleged breach or infringement of any copyright, patent or without limitation other intellectual property right(s) by that Exhibitor during the period of his occupation of an allotted stand space, or without limitation otherwise in connection with the Festival.
13.6 Save as may be stated elsewhere in these Conditions, all warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
13.7 Nothing in these Conditions excludes or limits the liability of the Company:
13.7.1 for death or personal injury caused by the Organiser’s negligence;
13.7.2 under section 2(3) of the Consumer Protection Act 1987;
13.7.3 for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
13.7.4 for fraud or fraudulent misrepresentation.
13.8 Without prejudice to the foregoing provisions of these Conditions:
13.8.1 the Organiser’s total liability in contract, tort (including without limitation negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the payment amount as set out in the booking form; and the Organiser shall not be liable to the Exhibitor for any pure economic loss, loss of profits, loss of business, loss of contracts, damage to property, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

14. Severance
14.1 If any provision of the Contract (or part of a provision) is found by any Court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
14.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

15. Assignment
15.1 The Organiser may assign and/or subcontract the Contract or any part of it to any person, firm or company. The Exhibitor may not assign or subcontract the Licence and/or the Contract. The Exhibitor signs overleaf to confirm that he has read and understood and agrees to the above Conditions, and to agree that the Conditions will be incorporated into the Contract to the exclusion of any other terms and conditions save as clearly stated

16. Force Majeure Exhibitors cannot claim for compensation or reimbursement in the case of postponement or cancellation of the Festival due to matters beyond the control of HL such as flood, tempest, acts of terrorism and so on.

17. Changes to these conditions All rules, regulations and conditions may be changed by notice in writing from HL to the Exhibitor at the address given on the application form attached to these conditions.

18. Festival Exhibition All Exhibitors shall behave in a way which upholds and enhances the reputation of the Festival. Traders must ensure both stall and staff are to a professional standard.

19. Subletting or transfer The subletting or transfer of the area allocated to Exhibitors is strictly forbidden.

20. Dangerous Substances It is strictly forbidden for any dangerous or hazardous substances to be used at the Festival or brought onto the Festival site.

21. Care of the environment
21.1 Exhibitors should use environmentally friendly, recyclable packaging and other materials where possible. The Festival Organisers aim to reduce the use of plastics at the 2025 event by 50%.  All recyclable waste must be separated out, (that is, glass, cans, paper, cardboard), and should be taken to the designated area for disposal.
21.2 The Festival requests that exhibitors observe their instruction that litter and waste be disposed of thoughtfully and that all hot water/ grease is not disposed of directly onto the ground as this will have a damaging effect on the grass.. Exhibitors will be liable for any damage they may cause and are required to pay a £50 Eco deposit which will be returned to them at the end of the Festival after the inspection of each stall holders pitch after it has been fully cleared. Bins will be provided for Exhibitors sole use at the back of each row of stands. Exhibitors must not use the accessible bins provided for the public during the Festival unless given express permission by the Organizers. 

22. Commercial health Exhibitors may be visited by Environmental Health Officers on site at the Festival to check compliance with UK Food Safety Legislation.

23. Licensing No Exhibitor is permitted to sell alcohol without the express written permission of the Organisers. Please advise us if you Anyone permitted to sell alcohol must obtain theirown temporary events notice (TENS) license.

24. Your personal information Your personal information will be held and used in accordance with the GDPR Regulations 2018. The legal basis for processing your data will be for the purposes of carrying out the terms of this contract. HL will not disclose such information to any unauthorized person or body. If you wish to kept informed of the Festival and related news, activities and events unless you must fill in a GDPR consent form which are available from the Organisers.  

25. Returning the application form / email
25.1 Exhibitors positions are NOT offered on a first come first served basis – neither does previous attendance ensure ongoing presence.
25.2 HL reserves the right to limit trading pitches according to product type; sponsorship arrangements; other governing factors.

POSTAL APPLICATIONS Hythe Life Magazine Cornerways, The Green, Sandling Road, Hythe, Kent. CT21 4PS Email applications: festival@hythelife.org.uk

PLEASE RETAIN A COPY OF THESE TERMS FOR FUTURE REFERENCE