TERMS AND CONDITIONS FOR STALLHOLDERS ATTENDING MARKETS RUN BY MARKETS BETWEEN TWO FIRTHS LTD
Last updated: 29 October 2023
Introduction
1. These terms and conditions apply to all stallholders attending markets run by Markets Between Two Firths Ltd (hereinafter referred to as “MBTF”) from Summer 2023 (hereinafter referred to as the “Market”).
1.1 By booking a pitch at the Market, the stallholder agrees to be bound by these terms and conditions.
Application process, Bookings, Payment and Exclusivity
2. All stallholders are required to submit a completed application form in order to trade at the markets.
Alongside the application, stallholders must also email evidence of Public and/or Product Liability insurance with an advised minimum coverage of £5 million, and a comprehensive market risk assessment.
Food traders are additionally required to email all relevant certificates from attended courses and their local authority inspection reports pertaining to food safety and hygiene. These documents must be received and approved before a booking can be confirmed. Stallholders are required to provide annual updates of details, including photos. It is incumbent upon the stallholder to supply insurance renewal documents to the market when they become available.
As part of the booking and payment process, stallholders must provide emergency contact details (eg a relative or neighbour).
2.1 Bookings are only secured once payment is made using the website. The ability to make a market booking will be removed 7 days before the market’s date.
2.2 Payment must be made at the time of booking, and stall spaces ie pitch hire will only be allocated on receipt of full payment.
2.3 Producers and creatives based within Fife will be actively encouraged to apply and attend. There is no exclusivity for the type of products sold at the Markets. Effort will be made to ensure any duplication of similar products is kept to a minimum.
Cancellation Policy
3. Refunds or credits will only be given when formal authority instruction (e.g. from Council, Fire, Police, etc) is given or when the weather is so extreme, such as official warnings or enforcements that deem it unsafe for traders or the public to attend the market. Stallholders will be informed as soon as possible if the market is cancelled for any reason, and the market operator will not be liable for any other costs or losses incurred by traders as a result of the cancellations. In such cases, a credit towards a future market will be offered in the first instance.
Adverse Weather
3.1 In all other circumstances, no matter how far in advance of the market date, cancellations by the stallholder, will not be refunded or credited. The operational costs associated with the management of the market, such as staffing, road closure procedures, venue hire, insurance, and other related expenses, are required to be paid regardless of the attendance of individual stallholders.
When the weather is not suitable for a gazebo setup, the stallholder should be prepared to trade from their vehicle in Cupar and St Andrews.
This would happen when no rain is forecast and when wind gusts are to be too strong for gazebos but are still deemed suitable for tables to be positioned beside/to the rear of vehicles which will act as storage space.
When the weather forecast has both rain and wind forecast that are deemed unsuitable for trading outdoors the plan will be to move the Cupar market indoors at the earliest possible opportunity based on the forecast and venue availability (eg in Cupar to the Corn Exchange).
3.2 The market management reserves the right to cancel bookings at any time and for any reason without any liability to the stallholder. In such cases, any payment made for the booking will be refunded.
Stallholder Obligations and market setup
4. Markets in St Andrews will take place on South Street (closed section between the arch at Westport and mini roundabout at Bell Street junction) on the first Saturday of every month (excluding January) trading from 10am-2pm. Setup time from 8.30am and all dismantled and tidied by 3pm to enable the road to be reopened.
In St Andrews ALL vehicles must be removed from the trading area by 9.40am. For safety reasons, no children under 12 years of age are permitted within the market site between 8.30am – 10am and 2pm – 3pm as this is when the setting up and the clearing of the market is undertaken.
Please be mindful of pedestrians and other road users at all times.
Markets in Cupar will take place on Crossgate on the third Saturday of every month (excluding May if the Fife Show date clashes) trading from 10am-2pm. Setup time from 8.30am and all dismantled and tidied by 3pm to enable the road to be reopened.
In Cupar ALL vehicles must be removed from the trading area by 9.40am. For safety reasons, no children under 12 years of age are permitted within the market site between 8.30am – 10am and 2pm – 3pm as this is when the setting up and the clearing of the market is undertaken.
Please be mindful of pedestrians and other road users at all times.
4.1 Stallholders are required to provide their own 3mx3m gazebo and table(s), complete with table covers and an advertising banner. The banner should clearly display the business name and contact details, such as a website. All of these elements should fit within the allocated gazebo space. The gazebo should not exceed dimensions of 3mx3m. Gazebos must be suitably weighted with metal, water, sand etc (NO guy ropes are permitted.)
Requests for a larger or different gazebo need to be authorised by MBTF prior to booking.
All of the stallholder’s belongings, equipment, and merchandise must be contained within the boundaries of the gazebo setup. No part of the stall or merchandise may extend beyond the gazebo, and the stallholder must ensure that there is clear access to neighbouring stalls and walkways.
Stall presentation is very important. Stallholders should endeavor to create a professional, upmarket appearance with products safely located at varying heights within their display. Stall presentation should be inviting and effort and care put into planning this for the customers’ experience to be the very best.
Stallholders are required to set up and dismantle their own gazebos and tables, unless a prior agreement has been made with the market operator. Market staff will not be available to assist unless this has been prearranged. Stallholders bear the responsibility for ensuring that their gazebo and tables are safely and securely set up in compliance with health and safety regulations.
In good weather, stallholders should trade without gazebo sides.
Stallholders must provide their own gazebo weights and heavy-duty tables in order to comply with health and safety regulations.
The setup and dismantling of gazebos and tables must be included in the stallholder’s market risk assessment.
4.2 The sale of hot beverages at the market is strictly prohibited.
4.3 Food tasting: Any stallholder, wishing to supply food or drink for tasting by the public, should notify the market during the application. Stallholders should have their procedures and equipment approved by their local environmental health department.
4.4 Stallholders dealing with open food, i.e., unwrapped and unpackaged items, must comply with Environmental Health Officer (EHO) regulations and provide their own hand-washing facilities. As stipulated by the Food Standards Regulation, stallholders should use disposable gloves for handling any uncovered food, as appropriate and necessary.
4.5 All food traders must supply a first aid box and antibacterial handgel for customers to use as well as lists including ingredients, allergens, temperature control records and a Safety Management System & Monitoring records document as is appropriate for their business.
4.6 Refrigeration: where required, refrigeration units must be supplied by the stallholder.
4.7 Alcohol Licensing: Stallholders selling alcohol are responsible for obtaining their own liquor licence from the appropriate licensing department. They must inform market authorities of this licence prior to the market event. A clearly defined area within the stall must be designated for alcohol sampling. It is mandatory that no children under the age of 18 accompany a trader selling alcohol at the markets.
4.8 Trading standards: Weights and measure requirements must be adhered to.
4.9 The stallholder shall comply with all applicable laws and regulations.
4.10 The stallholder shall not cause any nuisance, annoyance, or inconvenience to MBTF or any other stallholder or member of the public.
4.11 The stallholder shall ensure that their stall is kept in a well maintained, clean and hygienic condition.
4.12 Stallholders are responsible for their own waste disposal, and must leave their trading space clean and tidy at the end of the market.
4.13 Stallholders must comply with any reasonable requests made by the market management or its authorised representative.
4.14 Stallholders must not cause any nuisance or disturbance to other stallholders or the public. The market management reserves the right to refuse any application or to remove any stallholder from the market if the stallholder breaches these terms and conditions, causes any nuisance or disturbance, or behaves in a manner that is deemed inappropriate by the market management.
4.15 Stallholders are responsible for ensuring that they have all necessary licenses, permits and insurance to trade at the market. The market operator accepts no liability for any breach of licensing or other legal requirements by the stallholder.
4.16 Stallholders must comply with all applicable laws and regulations, including those relating to health and safety, environmental protection, and the sale of goods and services.
4.17 The market operator may take photographs or videos of the market, including the stalls and stallholders, for promotional purposes. By attending the market, the stallholder grants the market operator a non-exclusive, royalty-free, perpetual license to use such photographs or videos for promotional purposes.
4.18 Smoking: Those who are manning stalls must not smoke during the trading hours of the market on the market site.
4.19 Carrier bags: Stallholders should ensure they comply with rules regarding the provision of carrier bags. Information can be found by following the links:
https://www.mygov.scot/carrier-bag-charge
https://www.zerowastescotland.org.uk/resources/single-use-carrier-bags-charge-scotland Please note: the markets do not allow the use of plastic bags (unless they are made from recyclable material or are biodegradable)
Liability
5. The stallholder shall be responsible for any injury, loss, or damage caused to any person or property as a result of their attendance at the market.
5.1 The stallholder shall indemnify MBTF against all claims, damages, and expenses arising from their attendance at the Market.
5.2 MBTF shall not be liable for any injury, loss, or damage caused to any person or property as a result of the stallholder’s attendance at the Market, except to the extent that such injury, loss, or damage is caused by MBTF’s negligence.
5.3 MBTF shall not be liable for any loss of profit, business, revenue, or anticipated savings suffered by the stallholder.
Miscellaneous
6. These terms and conditions shall be governed by and construed in accordance with the laws of Scotland, and the parties submit to the exclusive jurisdiction of the Scottish courts.
6.1 These terms and conditions constitute the entire agreement between the stallholder and the market operator, and supersede all prior negotiations, understandings and agreements between the parties. No amendment to these terms and conditions will be effective unless it is made in writing and signed by both parties.
6.2 Any modifications to these terms and conditions will be communicated via email and require confirmation from both parties.
6.3 If any provision of these terms and conditions is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.
6.4 No failure or delay by either party in exercising any right, power, or remedy under these terms and conditions shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise of that right, power, or remedy.
6.5 The stallholder shall not assign or transfer any of their rights or obligations under these terms and conditions without the prior written consent of MBTF.
6.6 These terms and conditions shall be binding on and enforceable by the parties and their respective successors and permitted assigns.
6.7 Any notices or other communications required or permitted under these terms and conditions shall be in writing and shall be deemed to have been duly given if delivered personally or sent email to the addresses specified in the booking form or as subsequently notified in writing by either party to the other.
6.8 These terms and conditions may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.
PRIVACY POLICY
We understand that privacy is important to our customers and we are committed to protecting the privacy of all personal information we collect and use. This privacy policy outlines our practices regarding the collection, use, and disclosure of personal information in relation to our services.
Information we collect:
We collect information from clients in order to provide our services. This includes information such as name, address, email address, phone number, and information about your business. We may also collect payment information for billing purposes.
How we use your information:
We use your personal information solely for the purpose of providing our services. We may use your information to contact you about your bookings, and we may also use it for billing and payment purposes.
Disclosure of information:
We will never disclose your personal information to any third party, except as legally required by law eg Environmental Health, Council licensing and official authorities eg Police. We will never sell or rent your personal information to any other party.
Data retention:
We retain your personal information for as long as necessary to provide our services to you and to comply with legal obligations. After this time, we will securely dispose of your personal information.
Security measures:
We take the security of your personal information seriously and have implemented appropriate technical and organisational measures to protect it. This includes using secure servers, encryption, and limiting access to your information to authorised personnel only.
Your rights:
You have the right to access, correct, and request the deletion of your personal information. You may also withdraw your consent to our use of your personal information at any time. To exercise any of these rights, please contact us by email.
Changes to this policy:
We may update this privacy policy from time to time in response to changes in our services or legal requirements. We will notify you of any modifications to this policy by email.
If you have any questions or concerns about our privacy policy or the use of your personal information, please contact us by email.
By making a booking, the stallholder agrees to be bound by these terms and conditions.
The market operator reserves the right to amend these terms and conditions at any time, and any such changes will be communicated to the stallholders via email. Stallholders will be deemed to have accepted the amended terms and conditions if they continue to trade at the market after the changes have been communicated to them.