March is when the emails start flying.
📣 “Pitch opportunity – Summer Festival 2026.”
📣 “Limited trader spaces remaining.”
📣 “Secure your spot now.”
It’s exciting. Summer bookings mean income, exposure, and long queues in the sunshine.
But before you transfer that pitch fee and fire off a signed contract, pause for a moment. Because not all event contracts are created equal.
And some are… let’s say… very generous to the organiser.
The reality we see every year.
We regularly review event agreements that are heavily weighted in favour of the organiser. That’s not unusual; they draft them, after all. Their priority is protecting the event. Yours should be protecting your business.
The issue isn’t that contracts favour organisers. It’s because so many caterers sign them too quickly.
You’ve secured a pitch. Spaces are “limited.” The invoice lands. You skim the contract, assume it’s standard, and sign.
But every summer we see:
🤦♀️ Traders losing pitch fees when events are cancelled.
🤦♀️ Caterers absorbing stock losses after power failures they didn’t cause.
🤦♀️ Minimum sales guarantees triggered despite poor footfall.
🤦♀️ Broad indemnity clauses leaving traders exposed.
Everything looks fine when the event goes ahead smoothly. It’s only when something changes – weather, turnout, infrastructure – that the small print suddenly matters. And by then, you’ve already agreed to it.
Here are some clauses you should always look out for:
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Non-refundable pitch fees – no matter what
If the event is cancelled due to low ticket sales, bad weather, or “circumstances beyond control,” do you get your pitch fee back?
Some contracts allow organisers to cancel at any time without refunding traders. That’s a red flag.
Look for:
👉 Clear cancellation terms
👉 Refund or rollover options
👉 Defined force majeure wording (not vague “any reason” clauses)
If the organiser can cancel but you can’t, that’s not balanced.
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Minimum sales guarantees
Be wary of clauses requiring you to guarantee a minimum turnover (or “minimum sales”, “minimum spend”, “minimum revenue”, “guaranteed return”). They’re not in every trader agreement, but they do appear in certain event models and managed vendor arrangements.
If the organiser estimates 20,000 visitors but only 5,000 show up, your takings suffer immediately. The question is whether the contract then tries to make you responsible for that gap. If the answer is yes, think carefully.
Watch for wording that says you must:
😳 achieve a minimum daily/overall turnover, or
😳 pay an additional fee if you don’t hit it, or
😳 “top up” the organiser to a minimum return, or
😳 accept penalties/termination if sales are “below expectations”.
If the clause exists, you want to understand three things before you sign:
- What exactly triggers it (is it turnover, profit, or gross takings)?
- Who controls the factors that affect it (site position, competing traders, queue layout, power, payment systems, event marketing)?
- Is there any protection for you if the organiser under-delivers (low attendance, poor layout, power failure, payment system issues)?
If the organiser can change the site plan, add more traders, move you, or suffer a power outage, but you still carry the minimum-sales risk, that’s a classic “heads I win, tails you lose” clause.
If the answer to “are we liable for shortfall payments if the event underperforms?” is yes, think very carefully – and get it reviewed before you commit.
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Exclusivity clauses
Some contracts restrict what you can sell, where you can trade nearby, or whether you can attend competing events.
At larger festivals, this is often very detailed. At smaller events, it may be just a few lines buried in the booking form. Either way, it can affect your takings.
You might think you’re booking a simple “burger” pitch, but find the contract restricts anything that overlaps with another trader’s category. Or you agree to sell drinks, only to discover certain brands are excluded due to sponsorship arrangements.
Make sure you understand:
➡ What you’re allowed to sell
➡ Whether product lines are restricted
➡ If there are radius clauses limiting other bookings
It’s not about being difficult; it’s about protecting your income.
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Power and facilities disclaimers
If you’re relying on the organiser for electricity, water, or refrigeration, check liability wording carefully.
It’s common for event contracts to state that the organiser is not responsible for interruption or failure of services – including power.
That might seem standard. But if the generator fails, cables overload, or distribution is poorly managed, and your refrigeration goes down, you could be left with spoiled stock and no compensation.
Ask yourself:
❓ Who is responsible if the power supply fails?
❓ Is there any obligation on the organiser to provide backup?
❓ Does the contract exclude their liability entirely?
If you’re required to use their infrastructure, but they carry no responsibility for failure, the risk may sit entirely with you.
And when you’re holding hundreds or thousands of pounds of perishable stock, that’s not a small risk.
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Indemnity clauses
These can be broad and intimidating. In simple terms, an indemnity means you agree to cover the organiser’s losses if something goes wrong. That might include legal costs, compensation claims, or damage linked to your attendance at the event.
The concern is when the wording is so wide that you’re effectively taking responsibility for almost anything connected to your pitch, even where fault isn’t clear.
For example, some clauses require traders to indemnify the organiser against “any and all claims arising from the trader’s presence at the event.” That could extend beyond your own actions and into grey areas where responsibility is shared.
It’s normal to accept responsibility for your own staff, equipment and operations. But the wording should be proportionate. If it feels unlimited or one-sided, pause before agreeing. Once you sign, that risk becomes yours.
Unsure? Get it checked
That’s where we come in. We’re offering NCASS members a free 30-minute legal telephone consultation to discuss how to protect your new catering business.
Support available:
- Document reviews from £20
- Disclaimers from £75
- Ongoing legal support from £450
Send us a message. We’ll get you set up properly, so you can stop worrying about what might go wrong and focus on delivering great service.
☎ 0118 321 4188



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