Terms & Conditions

1 General

1.1 All traders, existing and new, must apply online using the information on the Trade With Us page.

1.2 Submitting an application and meeting our criteria does not guarantee you a pitch. We allocate pitches according to how closely applications meet our criteria and we look to create a balance of products across each market. We will notify you by email if you are successful in securing a pitch or if we have placed you on the reserve list for specific market dates.

1.3 The Market Team oversee all trading and you may not trade without their permission.

1.4 Pitch plans will be made approx 10 working days before a market. Applications submitted after this time will only be considered if there is still space or a cancellation. Pitches are usually allocated 2 to 3 months before each market date.

1.5 Traders must be ready to trade by 10am on market days and must remain open for trade until the end of the market at 3pm, or unless otherwise instructed by the Market Team.

1.6 Traders may only sell what is declared on their application. Any changes to your stock after applications have been approved must first be cleared with the Market Team.

1.7 Any food, goods or services offered for sale to the public must be legal. e.g. you may not sell pirated copyrighted materials, age controlled items, potential weapons or other items which the Market Team deem inappropriate, e.g. material that may incite racial or sexual hatred.

1.8 Any food, goods or services offered for sale to the public must not present a hazard to the trader, event staff or the public.

1.9 Traders must consider very carefully ALL aspects of production and sales and do their utmost to prioritise sustainability in their business.

1.10 Traders using their own gazebo must bring weights to adequately secure this cover – minimum of 10kg for each corner of the gazebo. If a gazebo is found to be inadequately secured by our events management team you will be asked to remove it and you may not be able to trade.

1.11 Traders are liable for any damage, injury or other incident caused by stock or equipment on their stall. Traders must ensure that their stall and/or cover is safe to use on market day.

2 Trader Insurance

2.1 Traders must have and carry with them public, and if relevant, product and employers liability insurance while trading at the market. Public Liability should be no less than £5 million. Without this, you will not be permitted to trade.

2.2 Traders agree to indemnify The Frome Independent and its’ affiliates and their partners, officers, directors, employees, representatives, agents, contractors and volunteers, from and against any and all damages, claims, losses, demands, costs, expenses (including professional fees and costs) suffered or incurred directly or indirectly.

3 Vehicles

3.1 All traders are issued with a specific vehicle pass for the market they are due to attend. This pass must be printed, completed and presented when you arrive at the road closure. The pass must be visible through your windscreen while you are parked on market day.

3.2 Traders without the correct vehicle pass will need to be identified by the market team. This may take some time and you will not be able to access the market site until you have been identified.

3.3 Traders may bring vehicles on site to unload and load ONLY. There will be no waiting allowed during set-up and take-down.

3.4 Traders will only be able to gain access to their stall with their vehicle at the times stated and only with the express consent of the Event Management team.

3.5 Vehicles will not be allowed to remain on site without specific permission of the Market Team.

4 Payments

4.1 All traders must pay in advance to confirm their booking.

4.2 Payments must be made by BACS using an online banking facility or in person at a bank branch. Our account details will be on the invoice. We do not accept payment by cash, cheque or PayPal.

4.3 If we do not receive payment for a pitch fee by market day, there will be an additional £35 fee to compensate for the extra administration.

4.4 Traders will not be allocated a pitch at a future market until they have settled any outstanding invoices.

5 Trade Waste

5.1 Traders are responsible for removing ALL waste that their activities generate. This includes all food waste, packaging, unsold stock etc.

5.2 Street Food/drink traders must mitigate against spillages by covering the ground of their pitch with suitable flooring, to ensure the ground is left as found. This covering must cover the ENTIRE pitch measuring 3m x 3m and be non-slip, non-trip and non-permeable.

5.3 Any stains or damage to the ground or pitch area at the end of the day will need to be removed at the Traders cost and will carry the risk of not being able to trade with us again.

5.4 Street Food/drink traders must not dispose of any fats or oils on site. Traders must make provision for removal of used fats and oils from their pitch area at the end of the day. We encourage all traders to ensure that they dispose of waste oils responsibly.

5.5 Traders must provide litter bins, clear up and remove from site ALL waste generated by their pitch after the event.

5.6 You must not place any waste in the street, town centre bins, commercial bins or our event (blue) bins. The pitch must be left as found.

5.7 Note that the trader will be held responsible for any cost incurred by the event organiser in returning the pitch to the state it was found. Traders will be charged if you are found to have left any waste at the market.

6 Cancellations

6.1 Cancellation By The Frome Independent

6.1.1 The Frome Independent is an outdoor market which uses temporary structures and is therefore vulnerable to forecasted severe weather and other incidences of Force Majeure which may render it unsafe to operate the event.

6.1.2 If the weather forecast details severe weather and/or wind speeds above the tolerance level for our structures then the market cannot go ahead and will be cancelled on the advice of the local Meteorological Office, our Event Safety Manager and/or the local authorities or emergency services.

6.1.3 In the case of The Frome Independent being cancelled traders will be notified BY EMAIL at the email address provided by 5pm on the Friday before market day. Traders are required to check emails regularly for updates.

6.1.4 The Frome Independent is not liable for any costs incurred by traders due to a cancellation – traders should organise their own insurance policy to cover this.

6.1.5 Cancellation will only take place under conditions as described above and under the advice of our Event Safety Manager. We will NOT cancel an event due to forecast rain.

6.1.6 There will be a refund of 50% of your pitch fee in the event of The Frome Independent cancelling a market due to weather or other Force Majeure.

6.2 Cancellation By Traders

6.2.1 Cancellations must be made to the Market Team by email at [email protected]

6.2.2 Cancellations 5 working days or less before a market or no-shows on the day will be charged full pitch fee.

6.2.3 Assessing application, allocating pitches, invoicing and creating pitch plans incurs considerable administration costs that must be met even if a trader cancels their pitch.

6.2.4 Cancelled pitches will be reallocated by The Market Team; Traders cannot pass on their cancelled pitch to another Trader.

7 Food/Drink Traders

7.1 Regulatory Requirements

7.1.1 Food/drink producers must have an appropriate food hygiene certificate.

7.1.2 One member of staff operating the stall should hold minimum Level 2 Food Safety in Catering.

7.1.3 All other people working on the stall should hold minimum Level 1 Food Safety in Catering if they are preparing, serving and handling food – unless the food/drink is being sold in retail packaging.

7.1.4 Food/drink traders must be registered (and have been inspected) as a food business by an Environmental Health Officer within their local authority.

7.1.5 Traders must adhere to the appropriate regulations, provide documentary evidence of food hygiene training or adequate supervision for anyone handling food.

7.1.6 Food/drink products must be compliant with Trading Standards, be clearly priced and weights shown for pre-weighed items.

7.1.7 Food/drink ingredients must be listed when made up of more than one item and clear allergen information should be available. Traders must adhere to the Natasha’s Law requirements for pre-packaged food – more information can be found here.

7.2 Traders Selling Alcohol

7.2.1 Alcohol producers/sellers must provide their own temporary events notice (TEN) to cover their pitch and display their licence documentation with them on market day. Please email [email protected] for the postcode for your TEN application.

7.2.2 Alcohol traders providing on sales must display signage (provided by The Frome Independent) to instruct customers to consume alcohol within the vicinity of their pitch.

7.3 Allergen Information

7.3.1 Traders are expected to provide appropriate signage and training for staff in order that they can inform customers, as required, regarding any allergen ingredients in their products.

7.3.2 Further information on allergen guidance for the industry and your responsibilities as a trader, including information about Natasha’s Law, can be found on the FSA’s website here.

7.4 Equipment

7.4.1 All catering equipment must be clean, in good condition and free from defects.

7.4.2 Domestic / camping equipment is not acceptable for producing/cooking/warming food or drink.

7.4.3 Induction hobs may not be used.

7.4.4 No deep-fat fryers will be allowed without explicit agreement. This will involve confirmation that the deep-fat equipment is safely installed and will be safely operated by trained personnel.

7.4.5 Any preparation, cooking or washing equipment will be sited so as not to be accessible to the public and barriered to prevent unauthorised access. You will provide suitable barriers (details of barriers to be agreed in advance).

7.4.6 All traders, particularly those using electric and gas, must provide suitable fire fighting equipment for the equipment they use on their stall. This will include a fire blanket plus the relevant extinguisher e.g. carbon dioxide, foam, powder or wet chemical fire extinguishers. If you’re not sure what type of extinguisher you need guidance can be found here.

7.4.7 You will provide a first aid kit appropriate for the number of people on the stall and activity you are doing.

7.5 Electricity / Gas

7.5.1 Electricity is only available to Street Food/drink traders and all electricity will be provided by the Market Team. Generators are not allowed on site.

7.5.2 You will provide documentary evidence for any equipment that requires a certificate of safety inspection – this may be formal certification signed by a competent person or a Portable Appliance Test (PAT) sticker as appropriate, gas safety certification etc.

7.5.3 All electrical equipment for use out of doors will be protected by an RCD device and have appropriate weatherproof connections.

7.5.4 If you bring more electrical equipment than you declared in your application you will not be able to use it.

7.5.5 As a guide, the maximum electric provision on a Street Food/drink pitch is 2kw per trader.

7.5.6 All gas equipment should be suitably maintained and will have been tested for safety by a suitably qualified gas engineer within the last year and have a certificate of testing. Please note that all gas connections must be crimped, screw-on (Jubilee) clips connectors are not permitted.

7.5.7 Gas must be located in a safe, well ventilated and barriered position and spare supplies must be stored safely – in a gas safety cage with suitable signage if necessary.

7.5.8 The electric supply that is provided by The Frome Independent is for essential cooking equipment only. Traders should bring their own battery packs to power lighting, smartphones or card readers.

7.6 Washing

7.6.1 You will provide dedicated hand washing facilities with disposable towels (eg ‘blue roll’) that are not to be used for washing up or other purposes. (A separate bowl with soap and disposable towels will usually be sufficient).

7.6.2 You should bring suitable equipment to supply yourself with ready mixed hot water for handwashing that can be refreshed as needed.

7.7 Food Storage

7.7.1 You must make provision for suitable storage of foodstuffs for the outdoor operation of your business and ensure suitable monitoring and recording systems are in place i.e. monitoring temperature and condition of food, protect from contamination etc.

8 Failure to adhere to the Terms and Conditions listed above will result in an allocated pitch being withdrawn and no future pitches will be offered to the trader.

9 We reserve the right to amend these Terms and Conditions at any time. We will inform traders if we do so but it is also the trader’s responsibility to regularly check for updates.