UCP GROUP TERMS AND CONDITIONS

Standard terms and conditions of contract:

The following terms and conditions apply to all orders for the purchase of services from Up Close and Personal Group
If you have any questions relating to these terms and conditions, please contact our Customer Service Centre by phone (08001951644) between Monday to Friday 9:00 – 17:00, excluding bank and public holidays in England and Wales or email [email protected]

We advise you to print off and keep a copy of these terms and conditions for your records. These terms and conditions do not affect your statutory rights.

DEFINITIONS

 “Service(s)” means the security services or course(s) offered by Up Close and Personal Group (Information, Cancellation and Additional Charges) Regulations 2013, included at the back of these Conditions;
“Personal data” shall have the meaning set out in the Data Protection Act 1998;

“We/us” means Up Close and Personal Group (a body registered in England and Wales with Companies House and a registered charity in England and Wales (number 4763761) whose head office and registered office is 12 Peacock Street Gravesend Kent DA121EF

“Website” means www.ucp-group.com or any subsequent URL which may replace it; and
“You” means the purchaser of services from the Up Close and Personal Group
We reserve the right to cancel or reschedule any of our courses. Where it is necessary to cancel or reschedule any courses, you will be informed at the first available opportunity and delegates will be rescheduled as a priority to the next available course(s). We do not accept any responsibility for certificates expiring as a result of a cancelled course.

PAYMENT

Full payment is required prior to the course start date unless otherwise arranged with our line director in writing. We reserve the right to withhold certificates until full payment has been cleared. Individual consumers are required to make payment at the time of booking.

COMPANY CANCELLATIONS

If you are booking as a company or an individual the deposit is non-refundable. The full course fee will be charged for cancellations made fewer than 10 working days before the course start date (close protection courses will be charged at 75% of course fee regardless of point of cancellation). Cancellations must be received by email and/or in writing ([email protected]). This applies to both scheduled courses and group bookings.

CONSUMER CANCELLATIONS/RESCHEDULING OF COURSES

If you are booking as an individual, your deposit is non-refundable and you have 14 calendar days in which to cancel your booking from the date it was made. If your course is due to start within this 14 calendar day period, we will offer a rescheduled date at no extra charge, but within 5 working days will result in the full course fee being due regardless of attendance. For close protection, there is a 75% charge for cancellations regardless of attendance.

.

Substitutions will be accepted provided that the request is received before the course start date either by email [email protected]

Our prices are exclusive of VAT, which is charged at 20%

COURSE TIMING AND JOINING INSTRUCTIONS

Good time keeping throughout the course is essential. We will issue full joining instructions to the delegates attending the course, which includes information regarding the start time of the course. If the booker does not receive the joining instructions, it is their responsibility to contact us either by phone (08001951644) or email () to arrange for them to be re-sent.

Failure to attend the course due to not receiving joining instructions will result in the full cost of the course being charged. It is the responsibility of the booker to ensure that the delegate is fully briefed and made aware of these instructions and all course requirements before attending the course.

ATTENDANCE

Delegates must attend and complete all aspects of the course to qualify for certification. The full cost of the course will be charged for delegate(s) who arrive late or are absent from all or part of the course. This applies even if they are refused admittance due to lateness.

Please note that we may change the venue with notification of change via text or email at any point leading up to the course, so we politely request that you monitor and check texts and emails on the morning of the course.

MEETING THE NEEDS OF DELEGATES

We have an Equal Opportunities Policy. To enable us to ensure that all customers are treated fairly and their requirements are fully met, you must advise us in advance of any special requirements that your delegate(s) need in order to enable them to participate fully in the training.

Please note that we do not provide any specialist equipment and/or personnel such as signers or translators; however, these can be sourced at your own cost.

DELEGATE SELECTION

It is the responsibility of the employer to select suitable persons to train to become security operatives in the workplace. It is important that such individuals are:

Physically be able to demonstrate physical activity. The duties of security operatives can be physically demanding. In line with the SIA’s requirements, delegates must be free from any condition that will affect their participation in the course and their capability to carry out the duties of a security operative.

LIMITATION OF LIABILITY

Except in respect of death or personal injury caused by our negligence, we shall not be liable by reason of any representation (unless fraudulent) or implied warranty condition or other term, or any duty at common law or under the express terms of this agreement, for any loss of profit or any indirect special or consequential loss, costs, expenses or other claims for compensation. Our entire liability to you under or in connection with this agreement and the provision of the security training shall not exceed the sum of twice the contract value. Nothing in this paragraph is intended to exclude any liability on our part for fraud.

DATA PROTECTION ACT 1998

Non-sensitive Personal data collected will be used for the purpose of delegate(s) and course administration and may be disclosed to appropriate bodies/organisations associated with such course.
The information may also be used for marketing purposes and you may be contacted by telephone or e-mail with details of future similar events and courses organised or promoted by us, which may be of interest to you.

We will not send marketing communication to any individual or organisations that have requested that their details are not used for such purposes.

We take appropriate physical, electronic and managerial measures to ensure that we keep your information secure, accurate and up to date, and that we only keep it as is reasonable and necessary. If Personal data is disclosed, the Service Provider will ensure the bodies/organisations to which the Personal data is disclosed maintain equivalent measures and processes.

Contact details supplied to us will not be passed on to third parties.

COMPLAINTS

If you have any complaint about this website or any of the services we provide, you should contact our customer service department on the number above and we will try and resolve it as soon as possible.

GOVERNING LAW

These terms and conditions and all matters connected with any order you place on our website shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the jurisdiction of the courts of England and Wales.

How to find out what personal information we hold about you

You can request details of the personal information we hold about you under the Data Protection Act 1998.

We may require you to pay an administrative fee of £10.00 before we satisfy your request.

If you would like a copy of the information we hold on you, or want to update the information, please write to: Data Protection, Up Close and Personal Group, 12 Peacock Street Gravesend Kent DA121EF or call us on 08001951644

If you want to have your details removed from our marketing mailing lists, or to change your marketing preferences, please email [email protected]

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies, recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Wearing mask is mandatory at all times inside academy and on training.

UCP Group, associates and affiliates have put in place preventative measures to reduce the spread of COVID-19; however, UCP Group, associates and affiliates including UCP Italy, cannot guarantee that you will not become infected with COVID-19. Further, attending the courses and training could increase your risk and risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the course and training and being around other student, staff and instructors , and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the training may result from many reasons, including but not limited to the actions, omissions, or negligence of myself and others, including, but not limited to, employees, staff, instructors, and course participants and instructors,

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with other students or attendance at the training or participation in programming (“Claims”). On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless UCP Group, associates  and affiliates including UCP Italy, staff, volunteers, private contractor, employees, students, instructors ,agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of UCP Group and UCP Italy and associates , its employees, students, instructors students, staff, volunteers, private contractors, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any training or courses or program .

In exchange for participation in the activity of: Including but not limited to Bodyguard training, Security Training, recruiting, firearms, attending firearms ranges, travelling by any means, Surveillance, hostile, CQB, training for SERE, surviving kidnapping, instructing, supervising, monitoring, assisting, pistol training, Carbine training, CPO training, reaction to attack drills, negotiations drills , ambush drills with vehicles or without, force on force, PSC, and any other form of attendance at Company’s” UCP ” training or learning including transportations that are organised by UCP, Up Close And Personal Group, of 12 Peacock St, Gravesend, DA12 1EF, associates and affiliates including UCP Italy. and on behalf of any of the property in Italy Located in VillaSalto Sardinia Italy, facilities, including but not limited to ranges that is used for the training in VillaSalto Property or in different location,  own academies, personnel, and services that Up Close And Personal Group is linked to directly or indirectly as a company or as management or with personal authorisation , I,_________________________ Residing at

_____________________________________________, agree for myself, to the following:

1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Up Close And Personal Group, associates and affiliates including but not limited to UCP Italy, the mentioned staff, employees, associates, contractors ,representatives and agents, or anyone that UCP, associates and affiliates assign . I Acknowledge and sign below that UCP Group, associates and affiliates including but not limited to UCP Italy, instructors and management can ask me to leave the course, training, ranges, or property at any time if I break the rules, regulations and procedures of their policies, and or if instructors and/or managements feel that I am disturbing the course, or forcing a negative attitude and behaviour towards other students, instructors, agents, staff and employees
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognise that there are certain inherent risks associated with the above described activity and attending UCP including but not limited to a any location the company uses, including but not limited to training, working, contracting and associating with UCP. I assume full responsibility for personal injury ” Physical, Mental and Emotional”  to myself and (if applicable) my family members, and further release and discharge Up Close And Personal Group for injury, loss or damage arising out of my use of or presence or attending, or learning , upon the facilities of Up Close And Personal Group, associates and affiliates including but not limited UCP Italy and all training facilities used or associated by UCP or acting as a branch, domestically or internationally and whether caused by the fault of myself, my family, student, staff, instructor, employees, private contractors, or volunteer of Up Close And Personal Group or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Up Close And Personal Group associates and affiliates including but not limited to UCP Italy , UCP Italy shareholders, UCP Group shareholders, staff, contractors, instructors, volunteers, facilities, training centres, domestically and internationally, against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of or presence upon any of the facilities of Up Close And Personal Group associates,affiliates, facilities and staff. Including but not limited to UCP Italy.
4. FEES. I agree to pay for all damages to the facilities of Up Close And Personal Group, associates and affiliates including but not limited to UCP Italy that is caused by any negligent, reckless, or wilful actions by myself.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under UK law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Up Close And Personal Group, associates and affiliates including but not limited to UCP Italy, has offered time to read, sign and notarise this agreement. 
7. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. Any unintentional mistakes in writing this agreement, doesn’t in any way void the enforceability of all provisions in this agreement.
9. EMERGENCY CONTACT. In case of an emergency, please call _________________ (Relationship: _________________) at _________________

Notes:

I ________________________________________ confirm that I was or still using the facilities of UCP or any of its branches or acting branches, affiliates, associates, domestically and internationally, associates training centres, including but not limited to UCP Italy, for the purpose of accommodation  UCP Group, associates and affiliates  has offered free accommodation for the soul purpose of the training. Not at any point I have paid rent aside from course fees that included accommodation, or compensated UCP associates, affiliates including but not limited to UCP Italy for my accommodation. Not at any point I have been asked to do work or provide services in return of my free accommodation. Helping in training facilities or with other students or with any work that I have performed or offered during my stay at UCP facilities was fully initiated by my own well.

I ______________________________________ confirm and acknowledge that UCP UK is part only of a bigger operation, and the definition and referral in this agreement of ” company, UCP, UCP Thailand, UCP Italy, UCP USA,UCP France, UCP, and Up Close and Personal, and UCP affiliates and associations will cover all personal including management, shareholders,  staff, employees, agents, instructors, volunteers, entities, facilities, training centres, outdoor ranges, indoor ranges, on premises ranges, firearm training centres, any facility is used by UCP or partners, and any facility that offered as accommodation in addition to training including  but not limited to UCP Thailand, UCP Italy, UCP France, UCP UK and UCP USA. 

I________________________________________ confirm and acknowledge that I am aware of the Coronavirus (COVID-19) situation. I confirm that I am travelling on my own risk and I will be taking this course and training on my own risk. UCP Group, associates and affiliates are not responsible for my health wellness and will not be positioned to provide any treatment or help in treatment or pay any treatment expense or anything related to health issues aside from calling the medical officials to report. 

I______________________________________ confirm and acknowledge that UCP Italy is an affiliate of UCP UK and this agreements will serve and include but not limited to UCP Italy facilities, training areas, gym, academy, any training centre used by UCP Italy, fitness centre, parking, building as whole or parts and any private or public area that instructors use for training and drills. 

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

I, ______________________  address of ________________________________” the Releasor ” grant permission and consent to ” the Releasee”  UP CLOSE AND PERSONAL GROUP AND/OR UCP ACADEMY’S’ & ASSOCIATES ” ENTITIES & INDIVIDUALS” ” for the use of my personal or group photograph(s) Video(s), and media files for presentation under any legal condition, including but not limited to: publicity, copyright purposes, illustration, advertising, web content, media advertising and or in any way the company needs to use my photo(s) & Video(s) included but not limited to: marketing, recruiting, advertising, education, training and media.  

I also agree not to use any images without the consent of the releasee.

I also agree not to take any personal images of the instructors or students in the classroom or ranges or in any other training grounds.

Payment
☐ – I understand that there shall be no payment for this release.  Initials ___

Royalties 

☐ – I understand that no royalty, fee, or other compensation shall become payable to me by reason of such use. Initials ___

Revocation 
☐ – I understand that with my authorisation below the photograph(s) , Video(s) and Media File(s)may

never be revoked.

This release ” agreement” will be governed by the laws of UK 

We, the Releasor and Releasee, have understand and agree to the aforementioned terms and conditions.

This Agreement is made and entered into by and between: Up Close and Personal Group (“Company”) and _______________________ (“Student”) for the purpose of receiving certain confidential information of Company to enable the Student to undertake the project described at the end of this Agreement (“Project”).

Company and Student hereby agree as follows:

1. “Confidential Information” means proprietary and confidential information of Company marked or identified as such in accordance with Section 2 below.
2. To be treated as Confidential Information, any information provided by Company to Student intangible form shall be marked “Proprietary and Confidential” or similar markings. Information disclosed orally must be identified orally as confidential at the time of disclosure and summarized in writing within 30 days of disclosure.
3. No information will be Confidential Information that: (i) is already known to Student, or (ii) is or becomes publicly known through no wrongful act of Student, or (iii) is received by Student from a third party without similar restrictions and without breach of this Agreement.
4. Except as provided herein, Student will not disclose any Confidential Information to any other person. Student will not use any Confidential Information other than in connection with the Project.
5. Student may disclose Confidential Information (i) to other students on the same project who have executed non-disclosure agreements with Company, (ii) in response to the lawful request or requirement of a governmental agency or by requirement of law, and (iii) to the faculty member supervising the Project, provided that faculty member has signed a non-disclosure agreement with Company.
6. Company understands that to complete any instruction from the advanced course project only the requirements of the course in which he or she is enrolled, Student must give a substantive presentation concerning the Project to an audience that will not have signed non-disclosure agreements, and that such presentation will include information about the Company. Company will work with Student to prevent the inclusion of Confidential Information in the presentation and any written materials prepared by the Student.
7. All Confidential Information delivered by Company to Student will be and remain property of Company. All Confidential Information, and any copies thereof, will be promptly returned to Company or destroyed by Student upon Company’s request.
8. The obligations of Student under this Agreement shall terminate after 12 months from end of project

This Agreement may not be modified except by written instrument signed on behalf of each party. Either party may assign this Agreement to a parent corporation, to a wholly owned subsidiary or a successor of substantially all of the business or assets of the party. This Agreement embodies the entire agreement and understanding of the parties and terminates and supersedes all prior independent agreements and under takings between the parties. The provisions of this Agreement shall be construed in accordance with the laws of the UK All notices, requests or consents given in connection with this Agreement shall be given in writing and sent by first class mail, postage prepaid, telegram, teletype, telex, cable or email to the addresses listed at the end of this Agreement, unless either party notifies the other party of a different address.