1. Use of pitch

  1. An allocated Pitch shall be within the Venue for the periods as set out in the Exhibitor Activity Information and Commitment to Attend Form.
  2. The size and type of the Pitch will be allocated on receipt of Exhibitor Activity Information and Commitment to Attend Form.
  3. Any furniture provided by the Council must be returned at the end of the Festival in the same condition it was lent.
  4. The sharing of a Pitch with another Exhibitor or any other third party shall not be permitted unless specifically agreed in writing by The Council in advance.
  5. The Exhibitor must only provide the activity as specified in the Exhibitor Activity Information and Commitment to Attend Form. Requested amendments must be made in writing to the Council at least two weeks prior to the Festival and remain subject to approval pending approval or acceptance in writing by the Council.
  6. The Council reserves the right to vary the Pitch Specifications.
  7. The Exhibitor shall provide a full and efficient team of Personnel capable of efficiently and promptly delivering the agreed activity. The Council reserves the right to cancel the engagement of any Exhibitor or member of the Exhibitor’s Personnel found in the Venue in a state of intoxication or under the influence of non-prescription drugs /legal highs.
  8. Pets/ Animals are not permitted at the Venue except animals used in assistance (such as guide dogs) or animals used as part of an activity.
  9. The Exhibitor shall comply with the requirements of all local and other authorities, the Fire Officer, Environmental Health Officer, Safety Officer, the Police and all statutes, regulations, bye-laws and other provisions in force and in any way relating to the Pitch, the Venue or use thereof.
  10. The Exhibitor shall not cause damage to the Venue or any property on the Venue. The Exhibitor will be liable to make good any damage which may be caused to the Pitch, the Venue or any property, by the Exhibitor or its agents, contractors, servants or guests to the satisfaction of the Council.
  11. No music is to be played at the Pitch without prior written agreement by the Council.

2. Refuse, recycling and cleaning

  1. The Exhibitor shall maintain the good order and cleanliness of its Pitch and the immediate vicinity. Assistance may be requested from an Event Steward.
  2. The Exhibitor must use the recycling facilities available at the Venue. All recyclable and non-recyclable waste is to be separated and where possible kept clean. All cardboard is to be broken down into manageable sizes and kept dry where possible. Plastic wrapping is to be removed from any cardboard before disposal.
  3. The Exhibitor must place any filled refuse sacks at a specific location at the Venue designated by the Council. Failure to do so may result in the Exhibitor being charged for removal of its waste.
  4. Any goods left behind after the Event or left unattended during the Event may be treated as abandoned and removed from the Venue and the Exhibitor may be liable for any related charges incurred.

3. Insurance

The Exhibitor’s attention is specifically drawn to the provisions of condition 7 of the 'Chelmsford City Council Procurement Terms and Conditions'.

The Council holds and maintains valid public liability insurance and a copy of the Council’s policy certificate will be provided to the Exhibitor on request. This is to cover the Council’s potential liabilities. The Council will not indemnify the Exhibitor in relation to any claim, cost, damages, liabilities, or losses directly arising out of or in connection with any claim or action made by a third party due to the wilful or reckless act, omission, default or negligence of the Exhibitor or its agents or employees.

The Exhibitor warrants that it has and will at all material times hold public liability insurance cover in the amount of not less than five million GB Pounds (GBP £5 million) against any claim for personal injury or property damage for any one occurrence to cover the Exhibitor’s own obligations and potential legal liabilities in connection with the Activity(ies) which insurance shall cover and include the nature of the activity and specific risks involved. A copy of the Exhibitor’s Public Liability Insurance Certificate is provided in advance of this Agreement and the Exhibitor will advise the Council of any changes in this between now and the Date of Event.

The Council shall obtain in respect of the Venue all necessary licenses or permissions and adequate public and employee liability insurance to cover the Festival. The Council is responsible for providing a safe working environment whilst the Exhibitor is at the Venue. Cancellation of the Festival resulting from failure to secure these facilities as required by this clause will render the Council liable for the full amount of costs incurred to deliver the activity prior to the Date of Event.

Unless expressly agreed otherwise and set out in this Agreement, the Council will not be responsible for the Exhibitor’s non-appearance at the Festival or for any cancellation unless that is caused by the Council’s act, omission or negligence and the provisions of clause 4 below shall apply to all cancellations. The Exhibitor should ensure it has appropriate insurance to cover its own costs, losses, fees and guarantees in the event of cancellation due to any instance of Force Majeure and/or Exhibitor illness.

4. Cancellation

A. Force Majeure

The Exhibitor’s attention is specifically drawn to the provisions of condition 17 of the Chelmsford City Council Procurement Terms and Conditions.

If the Festival or the Exhibitor’s Activity at the Festival is curtailed, cancelled or abandoned due to any instance of Force Majeure the Exhibitor shall have no further claim made against the Council nor the Council against the Exhibitor except in relation to the repayment of any sums already paid.

Force Majeure shall mean and include but not be limited to threat of terrorism or war, public disaster, epidemic, pandemic disease, order of National Government or Local Authority(other than the Council), fire, explosion, strike or lock-out (outside of the direct or indirect control of either party), transportation failure, national grid or local grid failure, national mourning, Royal demise, any Act of God, earthquake, or any adverse weather conditions including but not limited to flood, storm and electric storm, tsunami, which would make the staging of the Exhibitor’s activity or the Festival impossible and / or is deemed by any competent authority or the Police or the fire service or the Festival (with the Festival always acting in a reasonable manner) to present a danger to those attending or working at the Festival if the activity or the Festival were to proceed.

B. Activity

The Exhibitor shall provide a full and efficient company capable of delivering the agreed Activity to the best of their ability with no abbreviation or curtailment. The Council reserves the right to cancel the engagement of any Exhibitor found in the Venue in a state of intoxication or under the influence of non-prescription drugs /legal highs.

The Council may prohibit the whole or any part of the Activity which it may reasonably consider unsuitable for the audience. The Council may at its absolute discretion, and whether the Exhibitor may have been billed, advertised or not, exclude the Exhibitor from the Festival.

If the Exhibitor’s Activity is contrary to law, or objected to by any Licensing or Public Authority the activity, in respect to which the objection is made, may be cancelled by the Council.

5. Security

All matters connected to the security and safety of the Festival and the Festival’s audience, staff and guests, the security and safety of the space where the Exhibitor will perform their activity, the safety and security of all areas and all health and safety management, and all matters relating to stewarding and safety shall vest in and be in the sole discretion of the Council and where appropriate the Police and always subject to all statutory and licence provisions and requirements.

The Exhibitor must warn us in advance of any specific security issues and concerns you may have.

6. Health and Safety

A. The Exhibitor Shall:

  1. Undertake that the Activity shall not be dangerous to the Exhibitor’s personnel, the audience, guests or employees of the Council. If any accident or injury results from the Activity of the Exhibitor through the Exhibitor’s default, the Exhibitor shall pay for any loss occasioned to or damage or costs incurred by the Council.
  2. Comply with the requirements of the following in as much as they apply to and/or affect the operation of this agreement and the Exhibitor’s obligations:
    1. Health and Safety legislation, codes of practise and regulations.
    2. All licenses and certificates relating to the operation of the Venue
  3. Not use any domestic or other electrical appliance except any such electrical appliance that has been properly certified by a competent electrician as required by the Electricity at Work Regulations (1989)
  4. Restrict maximum sound levels to comply with the Health & Safety at Work Act (1974).
  5. Without prejudice to the Exhibitor’s primary inherent responsibility for audience safety, comply with any relevant instruction of the Council’s Festival Manager with regard to audience safety unless the Exhibitor can demonstrate to the reasonable satisfaction of such manager that compliance with any such instruction would compromise audience safety.
  6. Ensure that all equipment and properties used by the Exhibitor shall be non-flammable. All flammable material brought into the Venue by the Exhibitor shall be required to be made non-flammable by the Exhibitor.

B. The Council shall:

  1. Maintain provided equipment to a safe standard and to be properly certified by a competent electrician as required by the Electricity at Work Regulations (1989).
  2. If necessary, PAT test any domestic or other electrical appliance at the expense of the Exhibitor.
  3. Carry out risk assessments and develop appropriate safe working procedures for the premises.
  4. Carry out risk assessments and control measures for any hazard(s) identified during the contracted period which is not covered by the Exhibitor’s existing Health & Safety procedures. The Exhibitor will pay any additional costs incurred. 
  5. Reserve the right to restrict maximum sound levels to comply with the Health & Safety at Work Act (1974)

7. Safeguarding children and vulnerable adults

The Exhibitor’s attention is specifically drawn to the provisions of condition 13 of the Chelmsford City Council Procurement Terms and Conditions.

The Exhibitor acknowledges that the Council has legal responsibilities regarding the safeguarding of children and vulnerable adults under various legislation and is also required to comply with various codes of practice and other guidelines and agrees to provide all assistance reasonably required by the Council to enable the Council to comply with the Safeguarding Obligation and shall not knowingly do any act that would cause the Council to be in breach of any provision set out in or referred to in the Safeguarding Obligation.

The Exhibitor acknowledges that it may also have legal responsibilities regarding the safeguarding of children, young people and vulnerable adults and agrees to comply with those responsibilities.

The Exhibitor agrees that it will comply with the Council’s ‘Safeguarding Policy for Children, Young People and Vulnerable Adults’, which is updated from time to time and is available at www.chelmsford.gov.uk/safeguarding and shall ensure that at all times it is familiar with the reporting procedures for suspected abuse, as set out in the policy and that adequate staff training is provided as appropriate.

8. Photographers and personal cameras

Official photographers will be on-site taking photos and footage of this event and these images may be used for publicity purposes in printed and/or electronic format in accordance with the Council’s policy. Photographs and footage will not be taken of any child whose Parents/Carers objects to them being photographed or filmed, this will be recognised by a wristband. It will be the official photographer’s responsibility to ensure no child with a wristband is photographed or filmed and the Council will not be liable for any mistakes made or published by the official photographers. The Council is responsible for seeking necessary consent for the attendees at the event and for informing official photographs of the conditions. The full photography and image consent policy is available on request.

If the Exhibitor does not want press photographers to be present the Exhibitor must notify the Council at least one week prior to the date of the Performance.

Please note that members of the audience are permitted to bring personal cameras, video cameras and mobile phones into the Festival site and the Council cannot and does not prevent members of the audience using these devices.

9. Modern Slavery

The Council is committed to doing what we can to combat slavery and prevent human trafficking from entering into our business and supply chain. The Council’s desire is to have a positive impact on the fair and safe working conditions of those working directly or indirectly for us and we expect our suppliers/contractors/exhibitors to share our vision.

As an employer, the Council believes in attracting, developing and retaining the best people ensuring that everyone is treated with dignity and respect.

The Council have taken steps to ensure compliance with the Modern Slavery Act 2015, which include the following:

  • All tender documents now include a statement that the Council’s minimum expectations of its contractors/suppliers/exhibitors are that there is no use either direct, or by any sub-contractors, or within the supply chain of: Child labour; Slavery, Forced, Bonded or Involuntary Labour; Human Trafficking or Exploitation
  • Relevant staff members are provided with face to face Level 3 Safeguarding training. The training includes content about Modern Slavery and Human Trafficking and staff are provided with knowledge of how to identify potential warning indicators and how to report concerns.
  • Any non-compliance with these requirements will be dealt with, if and when they arise, with remedial action tailored appropriately. The Council’s aim is to only trade with those who comply with the Modern Slavery Act 2015 and those that are demonstrating that they are taking steps towards compliance.

This statement is made under section 54(1) of the Modern Slavery Act 2015.

The Exhibitor warrants that is has complied with and will at all material times comply with the provisions of the Modern Slavery Act 2015.

10. Jurisdiction

This contract of engagement shall be subject to the laws of England and Wales and the Parties shall subject to the exclusive jurisdiction of the courts of England and Wales. In the event of any conflict between the provisions contained here in and any other contract or agreement the Parties agree that the provisions contained here in shall prevail.

11. Essential documents/information to be provided by the Supplier

The Exhibitor must supply copies of the following documents/information to the Council by Friday 19 April 2024:

  • Valid Certificate of public liability insurance in the amount of not less than five million GB Pounds (GBP £5 million)
  • Risk Assessment
  • PAT/electrical safety certificate/evidence of testing per item (if such equipment is used)
  • Names and contact details of all members of Exhibitor Personnel.

Is there something wrong with this page?

You can report issues with the website using our website feedback form, which will go directly to the Web Team. This team will be unable to deal with your enquiry if it is not related to the website.