Terms and conditions
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.
1.3 The Market Team oversee all trading and you may not trade without their permission.
1.4 Pitch plans will be made 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.
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.
3.1 All traders are issued with a specific vehicle pass for the market they are due to attend. This pass must be printed and displayed in your vehicle when you arrive at the road closure. 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.
3.2 Traders may bring vehicles on site at the organisers’ discretion, to unload and load ONLY. There will be no waiting allowed during set-up and take-down.
3.3 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.
3.4 Vehicles will not be allowed to remain on site without written permission of the Market Team.
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 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 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.
6.1 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@example.com
6.2.2 Once invoices are issued your pitch is confirmed and any cancellations or no-shows 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.
7. FOOD/DRINK TRADERS
7.1 Food/drink producers must have an appropriate food hygiene certificate.
7.2 One member of staff operating the stall should hold minimum Level 2 Food Safety in Catering.
7.3 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 prepackaged.
7.4 Food/drink traders must be registered (and have been inspected) as a food business by an Environmental Health Officer within their local authority.
7.5 Traders must adhere to the appropriate regulations, provide documentary evidence of food hygiene training or adequate supervision for anyone handling food.
7.6 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.
7.7 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.
7.8 Food/drink products must be compliant with Trading Standards, be clearly priced and weights shown for pre-weighed items. Ingredients must be listed when made up of more than one item.
7.9 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. Further information on allergen guidance for the industry and your responsibilities as a trader can be found on the FSA’s website here
7.10 All catering equipment must be clean, in good condition and free from defects.
7.11 All electricity will be provided by the Market Team. Generators are not allowed on site.
7.12 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.
7.13 All electrical equipment for use out of doors will be protected by an RCD device and have appropriate weatherproof connections.
7.14 If you bring more electrical equipment than you declared in your application you will not be able to use it.
7.15 The maximum electric provision you may draw on your stall is 2kw.
7.16 Induction hobs may not be used.
7.17 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.
7.18 Gas must be located in a safe, well ventilated position and spare supplies must be stored safely – in a gas safety cage with suitable signage if necessary.
7.19 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. Domestic equipment is unlikely to be acceptable.
7.20 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).
7.21 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
7.22 You will provide a first aid kit appropriate for the number of people on the stall and activity you are doing.
7.23 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). You should bring suitable equipment to supply yourself with ready mixed hot water for handwashing that can be refreshed as needed.
7.24 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. MARKET MAKERS
8.1 Our Market Maker Club is a membership scheme for market visitors. Visitors purchase a membership card which gives them access to exclusive offers and discounts from our traders and participating Frome shops for the year ahead. The Frome Independent is a not for profit social enterprise that does not receive ongoing subsidies from the local councils, or outside corporate sponsorship. We therefore rely on money raised through the Market Makers membership club to fund our free market day activities such as Frome-on-Sea (our annual pop-up beach!), monthly live music, children’s activities and street performance.
8.2 Rather than raising our pitch fees this coming year, we are asking that all traders make a discount on market days to our Market Maker members. This discount can be for any amount that you choose and does not have to cover all of your product range, but can only be available to Market Makers. If you have any questions or need guidance, please email us on firstname.lastname@example.org.
9. PIXIE PARTNERSHIP
9.1 The Frome Independent are in partnership with Pixie, an independent discovery, loyalty and payment app company who provide a cashless payment system to our traders and local independent shopkeepers. If your application is successful, Pixie will contact you to discuss adding you to their growing community of independent retailers. Joining Pixie does not cost anything to traders, and is a great opportunity for further marketing of your business. All participating traders will be provided with ongoing support by the Pixie team.
9.2 Please note that becoming part of the Pixie community is NOT compulsory, but we want to encourage all our traders to take advantage of the many benefits that this company offers independent businesses. For more information, visit Pixie’s website.
10. 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.
11. 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.