SUBCONTRACTOR & AUTHORISED REPRESENTATION AGREEMENT
(Including Indemnity & Liability Allocation Clause)
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1. PARTIES
This Agreement is made between:
Leahy Entertainment Group Ltd
Trading as Ace Entertainment Cork
(Hereinafter referred to as “the Supplier”)
AND
The Event Organiser / Company Representative / Booker / Agent
(Hereinafter referred to as “the Representative”).
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2. PURPOSE
This Agreement governs:
• The booking, advertising, marketing, or representation of the Supplier’s products and services by the Representative.
• Allocation of liability.
• Indemnity provisions.
• Commission or referral arrangements.
• Conditions of acceptance of booking and supply.
This Agreement applies to all products supplied by the Supplier including but not limited to:
• Sound & Lighting Equipment
• LED Dance Floors
• Starlight Dance Floors
• Photo Booths
• Selfie Mirrors
• Magic Mirrors
• Flower & Feather Walls
• Light-Up Signs
• Event Décor & Electrical Equipment
• Any associated production equipment.
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3. REPRESENTATION & DISCLOSURE
3.1 Accurate Representation
The Representative agrees that:
• They shall not advertise, promote, or represent the Supplier’s products as their own property.
• They must clearly inform the Client, in writing, that the products are supplied and operated by Leahy Entertainment Group Ltd t/a Ace Entertainment Cork.
3.2 Disclosure Requirement
Full written disclosure to the Client must occur no later than 14 days prior to the Event Date.
Disclosure on or after the Event Date shall not constitute valid acceptance of this Agreement.
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4. LIABILITY ALLOCATION
4.1 Where Proper Disclosure is Made
Where:
• The Representative fully informs the Client in writing at least 14 days prior to the event that the Supplier is the third-party provider,
• A deposit is paid,
• An invoice is issued to the Representative,
Then liability relating to installation and operation of the equipment shall remain with the Supplier, subject to negligence and policy terms of the Supplier’s Public Liability Insurance.
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4.2 Misrepresentation / False Advertising
If the Representative:
• Advertises the Supplier’s products as their own,
• Fails to disclose the Supplier’s involvement,
• Represents themselves as the equipment owner,
• Uses Supplier’s marketing materials without written agreement,
• Attempts to rely upon the Supplier’s insurance unlawfully,
Then:
• Full liability shall rest with the Representative.
• The Representative shall indemnify the Supplier in full against:
• All claims
• Legal costs
• Court costs
• Solicitor and barrister fees
• Settlement payments
• Insurance excess payments
• Damage to reputation
The Representative agrees that any insurer acting on their behalf shall be notified of such misrepresentation.
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5. COMMISSION & REFERRAL (“Bonafide Referral Clause”)
A referral or commission arrangement shall only be recognised as valid where:
1. The Supplier pays commission directly to the Representative;
2. A deposit has been taken;
3. An invoice is issued to the Representative as third-party booker;
4. The Client is informed in writing that the Supplier is the provider.
If the Representative charges a commission percentage or booking fee, they agree that they shall accept proportional liability equal to the percentage margin charged in respect of any legal or financial claim arising from their misrepresentation.
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6. NON-ACCEPTANCE OF CLAUSE
This Agreement shall NOT apply where:
• The Representative already owns similar equipment;
• The booking constitutes cover work;
• The booking is transferred work without written confirmation;
• The booking is presented as direct supply by the Representative.
In such cases, the Supplier reserves full discretion whether to accept or refuse supply.
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7. PAYMENT TERMS
• Full payment must be received 7 days prior to the Event Date where payment is via digital transfer.
• Cash or card payment may be made on arrival only if agreed in writing.
• If an invoice remains unpaid, the Supplier accepts no liability or responsibility.
• Liability remains solely with the Representative in cases of non-payment.
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8. INDEMNITY TO VENUES
• Indemnity letters may be issued directly by the Supplier to the Venue within 14 days of request.
• The Venue must be informed in writing that the Supplier is the third-party equipment provider.
• Any indemnity processing fees shall be payable by the Representative and may be charged onward to the Client.
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9. VAT
• The Supplier’s pricing is inclusive of VAT unless otherwise stated.
• Where the Representative is VAT registered, they may charge VAT on their commission or markup only, provided a valid VAT number is supplied to the Client.
• The Supplier shall not be liable for incorrect VAT treatment by the Representative.
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10. CONDITION OF EQUIPMENT
The Supplier warrants that:
• All equipment is cleaned, maintained and in safe working order.
• Installation is carried out by qualified personnel.
• Electrical compliance procedures are followed.
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11. INSURANCE REQUIREMENTS
The Representative agrees:
• To maintain valid Public Liability Insurance.
• Not to rely on or attempt to claim under the Supplier’s insurance.
• Not to present themselves as staff, employee, or insured representative of the Supplier unless formally contracted.
No liability shall be accepted for DJs, bands, organisers or third parties falsely using or referencing the Supplier’s insurance.
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12. CLIENT & ATTENDEE SAFETY CONDITIONS
The Representative must ensure that:
• Attendees do not use equipment while intoxicated or under the influence.
• Persons with medical conditions use equipment at their own risk.
• Security and DJs are instructed to prevent liquids (including water, foam, bubbles, alcoholic or non-alcoholic drinks) being brought onto or near electrical equipment.
• Damage caused by negligence or misuse shall be recoverable from the Representative.
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13. DAMAGE & RECOVERY
Any damage to equipment caused by:
• Negligence,
• Misuse,
• Liquids,
• Failure of event management controls,
Shall be recoverable from the Representative including repair costs, replacement costs, loss of earnings and administrative fees.
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14. GOVERNING LAW
This Agreement shall be governed by the laws of Ireland.
Jurisdiction shall lie exclusively with the Irish Courts.
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15. ACCEPTANCE
This Agreement is deemed accepted when:
• A deposit is paid, or
• An invoice is issued and not disputed, or
• Equipment is supplied following confirmation of booking.
The Representative agrees to the terms and conditions by emailing “ I agree to the terms and condition of Subcontractor agreement “
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