Secret Garden Party 2023 Trader Terms & Conditions
Please read the following Terms and Conditions carefully.
They apply to all traders who accept an offer to trade at The Secret Garden Party 2023.
1. Definitions
1.1. The Secret Garden Party (also referred to below as the “festival”) is owned and operated by Backwoodsman Limited, a company registered in England and Wales with company number 05444101 at The Estate Office, Grange Farm, Abbots Ripton, Huntingdon PE28 2PH. Where we talk about ‘we’, ‘us’ or ‘our’ within these Terms & Conditions, we are referring to Backwoodsman Limited. Where we refer to ‘you’, ‘your’ or ‘trader’ within these Terms and Conditions, we are referring to the individual(s) or entity on your application form.
1.2. The term ‘market trader’ within these Terms and Conditions refers to a trader who sells goods or services that do not involve the preparation or handling of food or drink. The term ‘food trader’ refers to a trader who prepares, handles or sells food or drink.
2. Acceptance of these Terms
By accepting an offer to trade at The Secret Garden Party 2023 or by entering the festival site in order to work for a trader at The Secret Garden Party, you (and anyone who works for or with you at the festival) shall be deemed to have accepted and agreed to comply with these Terms and Conditions, our Privacy Policy (which is available on our website) and any additional relevant terms, for example, any COVID policies in place at the time of the festival. You are responsible for ensuring that your staff (whether paid or voluntary) are aware of and have accepted these terms and conditions prior to their arrival onsite.
3. Payment
Payment for your pitch, including any charges for utility fees (for example, power, a direct water feed or WiFi) or additional products or services ordered from us (for example, packaged water) must be paid in full by bank transfer to us by Friday 24 March 2023. If payment is not received on time, we reserve the right to offer your trader pitch to an alternative trader. Please note that in the event that you do not attend the event and utilise the pitch for whatever reason or if you are asked to leave the event due to a breach of these terms, no refunds will be provided.
4. Leave No Trace
4.1. Traders at The Secret Garden Party are no longer required to pay a litter bond. However, you are reminded that this is a Leave No Trace event. You are required to maintain your pitch in an undamaged, clean and tidy condition throughout the festival and leave it tidy and free of litter at the end of the festival, including by removing any leftover stock. Traders are also required to keep the area 10 metres in front of their pitch tidy and free of rubbish during the festival. We will inspect the condition of the pitch immediately prior to the first access date and following the final exit date of the festival. In the event of any material damage caused to the pitch by you which exceeds fair wear and tear (which could reasonably be expected during a festival in the UK, and excluding any damage caused to the pitch due to adverse weather conditions), we shall be entitled to recover from you such reasonable costs arising from your non-compliance with your obligations to rectify any damage caused.
4.2. Please supply an appropriate number of waste bins for the use of customers using your stall. You must ensure that all waste generated by your stall is placed in the appropriate recycling bins provided. Please notify us on your application form of any unusual requirements so that we can consider how these can be dealt with.
4.3. Care should be taken not to cause any damage to the site or to any of the fittings, equipment or any other property belonging to the site, the festival or any of our contractors. If a trader or any of its staff causes any damage to the site and/or any materials, equipment or structures on the site, it shall immediately pay to us all third party costs (without any deduction or set off, whether legal or equitable) incurred by us in relation to the rectification of such damage, whether or not accidental.
5. Insurance
5.1. You must hold Employers’ Liability insurance from a reputable insurer with a limit of no less than £10,000,000. Your Employers’ Liability insurance must cover all your workers, whether paid or voluntary, for at least the duration they are on site or otherwise working on the show. You must display your Employers’ Liability certificate or make it available for inspection on demand.
5.2. You must hold Public Liability insurance from a reputable insurer with a limit of no less than £5,000,000 to cover any hazard or loss caused by you at the festival.
5.3. You must also hold Product Liability insurance from a reputable insurer with a limit of no less than £5,000,000 to cover any compensation claims relating to injuries or property damage caused by products you supply at the festival.
6. Limitation of Liability
Admission is at your own risk. We (including our shareholders, directors, nominees, employees, officers, agents, partners and sub-contractors) will not be held liable for any financial or other loss, injuries or damage sustained by you, or employees or staff working for or connected to you, at the festival including damage, theft or losses to property and motor vehicles, save for losses which cannot by law be excluded or limited (for example in cases of our fraud or involving death, injury or illness where we have caused such damage with negligence). Any property or equipment brought to the festival is at your own risk. If you have any complaint or claim in respect of the festival, you must raise this with us in writing within 30 days of the end of the festival.
7. Admission to the Festival Site
7.1. You will be provided with a limited number of passes for your staff, the exact details of which will be set out in your confirmation letter. Full details of your staff, including contact information, must be provided to our passes team for entry onto our online ticketing system by no later than 1 July 2023. You will be provided with further information about this process in June 2023 provided that your pitch fees have been paid and valid insurance and health and safety documentation has been received.
7.2. We reserve the right to refuse admission in any circumstances and/or evict any person or people from the festival site, without refund, in order to facilitate the safety, security and comfort of our guests and/or due to behaviour likely to cause damage, nuisance or injury and/or for any breach of these terms.
7.3. You are responsible for the actions and behaviour of your staff. Should we deem any of your staff member’s behaviour to be inappropriate, illegal or offensive, your trade stall may be prohibited from trading at our future festivals or other events.
7.4. Searching is a condition of entry: you and your vehicles may be searched in the car parks, at the entrance to the festival or within the festival itself at any time. Any items which may be used in an illegal or dangerous manner may be confiscated without liability to you.
7.5. All trader pitches are non-transferable and must not be sub-contracted without our express prior permission.
7.6. Access to the site during the festival build is during the following times only, unless you have been granted permission in writing to arrive at an alternative time:
Food Traders / Caterers:
10am - 7pm Monday 17th July
10am - 7pm Tuesday 18th July
10am - 1pm Wednesday 19th July
Non-food traders:
1pm - 7pm Tuesday 18th July &
10am - 4pm Wednesday 19th July
7.7. No traders will be sited after 4pm on Wednesday 19 July.
8. Health and Safety
8.1. Every member of your team must attend a safety induction upon arrival on site and is not permitted to work at the festival unless such induction has been completed in its entirety. Please allow adequate time for such induction to be completed.
8.2. If you are a food trader, your stall must be inspected by a food inspector prior to you commencing trade. On arrival all food traders will be given an amber card. After inspection, food traders will be awarded one of the following:
8.2.1.A green card indicating the stall has passed inspection and can now trade.
8.2.2.A yellow card indicating that you may trade but need to improve some aspect of your
stall.
8.2.3.A red card indicating that the stall may not open until significant improvements are
made.
8.3. Red, green or yellow inspection cards must be clearly displayed within the food stall at all times.
8.4. All traders must comply with the Health and Safety at Work Act 1974 and associated regulations.
8.5. It is essential that those camping behind their stall leave clear access for fire lanes, communal toilets and water points.
8.6. Traders are required to have a 5kg dry powder fire extinguisher at their stall. Food traders must also have a fire blanket.
8.7. Traders must supply a completed fire risk assessment. We will send you a fire risk assessment template once your pitch is confirmed if you don't have one.
8.8. Only one spare cylinder of liquid petroleum gas (LPG) may be kept at your stall at any time. If you wish to store additional LPG cylinders, please liaise with the trader manager in advance.
8.9. The trader manager will provide you with contact details of an LPG gas supplier able to deliver to the site during the festival. You will need to confirm your requirements with them in advance.
8.10. Gas appliances must comply with relevant HSE regulations and must have undergone a Gas Safe check within the 12 months prior to the festival. Food traders must ensure that the Gas Safe registered engineer inspecting your appliances is qualified to check LPG and catering units. We suggest you check on the Gas Safe Register website (www.gassaferegister.co.uk). Should there be insufficient safety checks in respect of your gas equipment, a registered engineer will be called to verify your equipment. You will be liable for the cost on any on site testing.
8.11. Electricity requirements need to be detailed on the application form. There will be a charge for power. Food traders may have a minimum of 4KW (16A). Additional charges will be levied on site should your requirements exceed what you have applied for. This includes power to your living area and any live in vehicles behind your stall.
Traders need to supply their own cables and connectors bearing in mind a distance of c. 20m from the stall to the generator. It is essential that sufficient power to run your stall is requested in advance.
8.12. Electrical equipment and appliances must comply with relevant HSE regulations and must have undergone a Portable Appliance Test (PAT) safety check within the 12 months prior to the festival unless the item is under 12 months old in which case a purchase receipt for that item will suffice. A qualified electrical engineer must carry out the safety check. Each appliance requires a separate PAT certificate. When on site, should there be insufficient testing certificates for your electrical equipment, a registered engineer will be called to verify your equipment. You will be liable for the cost of any on site testing.
8.13. The pitch fee includes access to a supply of clean water. This will be in the form of a standpipe and tap to be shared with other traders. Traders are not permitted to have a direct feed from the communal tap. Direct feed water needs to be requested on the application form and will be charged for.
8.14. Traders are required to meet the Water Supply (Water Fittings) Regulations 1999. If any trader requires us to assist with these requirements, a quote can be provided.
8.15. Clear, legible, valid copies of your:
8.15.1. Gas Safe Inspection Certificates
8.15.2. PAT inspection certificates
8.15.3. Insurance certificates
must be uploaded by 19 June 2023 through a link that will be supplied by us on confirmation of your application. All documents must be valid for the dates of The Secret Garden Party 2023. No applications will be fully confirmed without relevant documents. Please do not upload out of date documents. Please wait until you are in possession of documents which are valid for The Secret Garden Party 2023. Please ensure you have these documents with you at Secret Garden Party.
8.16. Traders must ensure that their stall is sturdy enough to withstand adverse weather including strong winds and rain.
9. Food Traders
9.1. Food traders must comply with The General Food Regulations 2004, The Food Safety and Hygiene (England) Regulations 2013, and Regulations (EC) 178/2002 and 852/2004.
9.2. Traders are required by the Food Standards Agency and by law to state clearly if their products include any of the 14 primary allergens, namely:
9.2.1.Celery
9.2.2.Cereals containing gluten – including wheat (such as spelt and Khorasan), rye, barley and oats
9.2.3.Crustaceans – such as prawns, crabs and lobsters
9.2.4.Eggs
9.2.5.Fish
9.2.6.Lupin
9.2.7.Milk
9.2.8.Molluscs – such as mussels and oysters
9.2.9.Mustard
9.2.10. Tree nuts – including almonds, hazelnuts, walnuts, brazil nuts, cashews, pecans, pistachios and macadamia nuts
9.2.11. Peanuts
9.2.12. Sesame seeds
9.2.13. Soybeans
9.2.14. Sulphur dioxide
9.3. All food traders handling open high-risk foods (meats, fish, dairy) are required to have a direct feed water supply. Our on site water supplier can provide a direct feed station into your pitch. You are asked to indicate your need for a direct feed on the application form. There will be a charge for direct feed water supply.
9.4. Food traders must bring to site and use purpose built hand washing facilities with hot and cold running water. We will not accept water from a tea urn poured into a bowl as “hand washing facilities”. Those who come onto site without appropriate hand washing facilities will be closed down and their fee will not be refunded.
9.5. Food traders are required to provide details of the local authority where they are registered and their current Food Hygiene Rating Scheme score. Confirmation of the trading name of the business, as it appears on the Food Hygiene Rating Scheme site, must be stated on the booking form. No food trade pitch will be fully confirmed without registration details.
9.6. Waste water must be disposed of in the grey-water bins (IBCs/Tuff tanks) as provided by the festival. It must not be poured onto the ground. The digging of sumps and soak-aways is prohibited.
9.7 All food traders must accept crew and artist meal tokens in exchange for a substantial-sized portion / main meal from your advertised menu (excl. drinks) with an approximate cost to consumers of £10 - £12. One voucher must be accepted in return for the meal. We will reimburse you £6.50 (excl VAT) per voucher brought to the festival Finance Office on or before Wednesday 26th July 2023. Please note that people presenting artist and crew meal tokens to you may be working long shifts during the event and require a substantial-sized portion in order to give them the energy needed to carry out their job.
10. Set up and trading hours
10.1. Food traders must be set up and ready for inspection by 10am on Thursday 20th July. Non-compliance with this deadline may mean that you are not permitted to trade on Thursday. Market traders must be ready to trade by 11am on Thursday 20th July.
10.2. Campsites open from 10am on Thursday 20th July and we aim to open the arenas by noon provided that everything has been signed off by Health and Safety.
10.3. Hours of trading are from 10am on Thursday 20th July (subject to having completed the appropriate health and safety inspection) until 11am on Monday 24th July, unless agreed otherwise.
10.4. You acknowledge that whilst we will use our reasonable endeavours to adhere to the above timings, these may change due to circumstances outside our control or to ensure the health and safety of those on site.
10.5. A limited number of other essential trader build and break vehicles will be permitted access to site during set up and take down. Any such vehicles must be agreed with us in advance and appropriate passes allocated in advance of arrival. Such vehicles must leave the site by 9am on Thursday 20th July and will not be permitted access to the site again until the trader manager gives approval on Monday 24th July.
11. Your pitch
11.1. You are encouraged to provide seating outside your stall for the use of festival attendees. Any such seating should be included on the plan and/or imagery of your stall provided during the application process, so that you can be sited appropriately.
11.2. You are allowed a maximum of one vehicle (in addition to any serving unit) which must remain static behind your stall. Please ensure that you have requested a pitch large enough to accommodate this vehicle. It will not be possible to move this vehicle until the site is clear of the public – at the earliest, 1pm on Monday 24th July 2023 but very possibly later that day. Please include enough space within your pitch to accommodate camping for essential crew. Other members of your staff may be required to camp elsewhere on site.
12. Vehicle Movement
12.1. All vehicles on site must move at a maximum speed of 5mph whilst travelling on site. Hazard lights should not be used but indicators should be used when turning your vehicle. In the event of adverse weather conditions, there may be a ban on vehicle movement on site until the ground is safe.
12.2. No trader vehicles are permitted to move on-site during live days (from 10am on Thursday 20th July until vehicle movement has been approved on Monday 24th July). Traders who breach these rules may be asked to cease trading and leave the festival site. In such circumstances, no fees will be refundable to you.
12.3. Any traders needing to leave the site to restock any goods that are not delivered by our locally sourced suppliers, must transport the supplies on foot between the car park and the trade stall. If you are expecting a delivery item too large to handle manually, please notify us before your trip so that we can consider whether we are in a position to assist. No guarantees are made in respect of accepting large deliveries onto site during the show.
13. Local Suppliers & Producers
13.1. To help cut down on ‘food miles’, support the local community and reduce the number of vehicles travelling to the site, all food traders must use our locally sourced suppliers who will supply the following during the festival:
13.1.1. LPG gas
13.1.2. Meat
13.1.3. Bread
13.1.4. Free range eggs
13.1.5. Dairy
13.1.6. Fruit and vegetables
13.1.7. Catering disposables
13.2. All goods made available through our sourced suppliers should be purchased directly through them. We will supply contact information in May. Deliveries from other suppliers of goods that can be purchased through our locally sourced suppliers will not be allowed access to site.
14. Sound Systems
Only traders granted written permission by us in advance may play music (other than a small radio or music player for your own use). Please specify within your application if you would like to apply for permission to have amplified music on your stall. Whether or not permission is granted, we reserve the right to order trader sound sources to be turned off at any time. Unregulated noise pollution could have serious implications for the festival licence. Disregard for this may result in stalls being closed for the remainder of the festival. No refunds will be made in the event of pitch closure due to unauthorised sound systems.
15. Pricing
15.1. You are offered your pitch on the strength of the products and tariffs listed on your application form and as detailed in the confirmation letter. The product list and tariff should be an accurate representation of what you intend to sell. In some instances, traders may be asked not to sell certain items to avoid clashes with other traders and/or exclusive rights granted to festival partners. If we discover that you are selling products or charging tariffs not listed, we will ask you to withdraw the items or return to the agreed tariff. If you refuse, we reserve the right to enforce closure of your trading operation.
15.2. Food traders are required to cap the price of a cup of tea at £1.50. Packaged water prices will also be capped at a price to be confirmed in due course. We request that you use only free-range eggs and Fair Trade tea, coffee and hot chocolate on site. If you wish to sell packaged water it must be purchased through us. Details of this will be circulated to all traders in due course.
16. Prohibited Items
16.1. Traders are not allowed to supply for purchase or gift, alcohol in any form whatsoever i.e. brandy-coffees without prior permission in writing. Please note clearly on your application if you would like to seek such permission.
16.2. Other prohibited items include:
16.2.1. Illegal substances, including nitrous oxide canisters
16.2.2. Weapons, anything that can be interpreted as a weapon
16.2.3. Explosives of any sort
16.2.4. Herbal highs
16.2.5. Cigarettes, roll your own tobacco, cigars, pipe tobacco, heated tobacco, make your own tobacco and any other tobacco containing products, including tobacco mixed with any substance other than tobacco, cigarette papers, cigarette tubes, cigarette filters, apparatus for making cigarettes, cigarette holders, pipes for smoking tobacco products and any vaping devices (and any part of such devices such as coils, wicks and atomisers) that produce vapour for inhalation with or without nicotine, and their associated vaping capsules (other than tobacco capsules), e-liquids (both nicotine and ‘zero nicotine’ e-liquids) and vaping accessories without the express prior written consent of the festival. Tobacco or other smoking or vaping products, whether or not these contain nicotine or tobacco
16.2.6. Glass objects or anything contained in glass
16.2.7. Tin foil barbecues or charcoal
16.2.8. Sky lanterns, drones or UAVs
16.2.9. Spray paint
16.2.10. Fireworks, flares, portable laser equipment or pyrotechnic devices
16.3.Any trader found offering prohibited items will have the items removed, asked to cease trading or to leave and may be prohibited from trading at Backwoodsman Ltd events in future years.
16.4. Traders may not offer:
16.4.1. Phone charging at their stall unless agreed in writing
16.4.2. Cashback
16.5. The only packaged water that traders are permitted to sell is the preferred ethical brand supplied by us and available for wholesale purchase on site. We will collect your orders in advance. Traders are not allowed to bring any other water to sell.
16.6. No soft drinks may be sold in plastic bottles; any soft drinks sold by traders must be packaged in aluminium, carton or compostable packaging. Traders should encourage festival attendees to recycle where possible.
16.7 No plastic or polystyrene disposables are allowed on site. We are in the process of exploring reusable serveware and cups for use by all food traders which may be introduced site-wide for 2023, with a view to reducing the amount of waste produced on-site. If this is the case, it will be communicated to you by no later than 31 March 2023. In the absence of an obligation to use a specified brand of reusuable serveware, food traders must use non-plasticised compostable serveware and cutlery only.
16.8 All disposables must be compostable. You are not permitted to use or offer for use individual sauce / condiment sachets. You are not permitted to sell any products supplied in plastic containers.
17. General
17.1. On rare occasions, we may have to cancel your trader pitch and reserve the right to do so. In such circumstances, we will notify you as soon as possible and, where the cancellation is due to no fault of your own, provide you with a full refund of any payments made.
17.2. The artist and performer line-up and any billed venues or attractions at the festival are subject to change at any time without notice.
17.3. You and anyone who works for or with you at the festival consent to being filmed, photographed and recorded for communication to the public in any medium, including for marketing purposes, and/or by CCTV cameras operated by us or on our behalf for public safety and security purposes.
17.4. Wristbands removed from the wrist or otherwise tampered with will be invalid. Lost wristbands will not be replaced. Anyone without a wristband may be removed from the festival site.
17.5. No admission to the festival shall be granted to attendees under the age of 18. You are responsible for ensuring that anyone working for you is over the age of 18 and has the right to work in the UK.
17.6. No animals shall be allowed on site, with the exception of registered guide dogs. You must inform us if you need to bring a guide dog on-site. Please email accessibility@secretgardenparty.com for more information.
17.7. You will not be permitted to operate your stall if you do not satisfy the licensing requirements of the local authority. In such circumstances, we will not be liable to refund any fees to you nor have any further liability to you.
17.8. Express permission must be sought from us prior to making (or attempting to make) any photograph, film, sound recording or broadcast of anything within the festival for commercial gain.
17.9. All those attending the festival do so at their own risk.
17.10. Please note that excessive exposure to loud music may cause permanent hearing damage.
17.11. Accessible facilities are available at the festival – please refer to our website for further information or email accessibility@secretgardenparty.com.
17.12. These terms and conditions are governed by English law and subject to the jurisdiction of the English courts.