COA™ Practitioner Agreement

Version: June 2009

This Agreement (“Agreement”) between Training Management Corporation (“TMC”) and Practitoner, describes the general terms and conditions associated with the certification of Practitoner in the TMC Cultural Orientations Approach™ (“COA™”). Specifically, this Agreement sets forth (a) the general terms and conditions associated with certification, (b) the terms for access to and use of the password-protected online COA™ Practitioner Site (“the Site”) and for participation in the COA™ Practitioner community on LinkedIn, and (c) the code of conduct expected of TMC certified practitioners. The code of conduct is attached hereto as Exhibit “A” and by this reference is incorporated into and made a part of this Agreement.

I. General Terms and Conditions of Certification

This agreement authorizes the Practitioner to:

  1. Utilize the Cultural Orientations Model™ (COM™), Cultural Orientations Indicator®, and related frameworks and tools in programs delivered internally for licensed TMC client organizations, on behalf of TMC business partners, or on behalf of TMC directly. Such use shall be non-exclusive.
  2. Utilize any supporting materials for the COM™, Cultural Orientations Indicator®, and related frameworks and tools in programs, provided they are issued or authorized by TMC. Such use shall be non-exclusive.
  3. If applicable, integrate the COM™, Cultural Orientations Indicator®, and related frameworks and tools together with non-TMC materials by the licensed TMC client organization or TMC business subject to the terms of this Agreement, regarding the first presentation of materials.

The authorization detailed above is contingent on using the COM™, Cultural Orientations Indicator®, and related frameworks and tools as follows:

  • Use shall be in compliance with existing license agreements between TMC and its client organizations, business partners, and/or consultants.
  • Use shall be according to the principles, guidelines, and methodologies communicated during the COA™ practitioner certification process.
  • With permission granted to TMC and/or its business partners, the Practitioner may observe sessions, workshops, and programs within which the COM™, Cultural Orientations Indicator®, and related frameworks and tools are used.
  • Prior to the first presentation of materials, TMC shall receive one file copy of any and all instances of inclusion and integration of TMC materials with non-TMC materials. Any changes to such materials made after the first review by TMC must be approved by TMC prior to subsequent delivery of the materials.
  • The Practitioner acknowledges and agrees that TMC materials may not be reproduced in full or in part or utilized in any form or by any means now known or hereafter developed, including without limitation by photocopying, recording, or by any information storage and retrieval system, without permission in writing from TMC. The Practitioner further acknowledges and agrees that all rights in and to TMC copyrighted materials not explicitly granted hereunder are expressly reserved by TMC.

In addition, the Practitioner:

  1. Will participate in an annual, virtual recertification process in order to maintain his/her COA™ Practitioner status at the Practitioner’s sole cost and expense.
  2. Will participate in and actively contribute to the Cultural Orientations Approach™ (COA™) practitioner community.
  3. Will NOT use the COM™, Cultural Orientations Indicator®, and related frameworks and tools outside of work conducted for and on behalf of the licensed TMC client organization, TMC business partner, or TMC itself; i.e., it is expressly forbidden to use the COM™ and Cultural Orientations Indicator® in work for other companies, profit or non-profit, or for use within the Practitioner’s private work.
  4. Will seek prior written permission by TMC to capture or record all or any segments of a session that utilizes the COM™, Cultural Orientations Indicator®, and related frameworks and tools.
  5. Will seek prior written approval and validation by TMC for the translation any TMC-owned materials into any other languages.

If the Practitioner is found by TMC to be in violation of any of the above outlined conditions, TMC reserves the right to revoke the Practitioner’s certification and to take such other steps as TMC deems necessary to protect its interests, including without limitation the relevant TMC intellectual property interests.

If the Practitioner wishes to seek an exemption from any of the above provisions, he/she must request such an exemption in writing directed to TMC. A decision to modify the above terms and conditions will be made on a case-by-case basis. No exemptions may be assumed prior to obtaining written permission from TMC.

II. Access to and Use of the COA™ Practitioner Site and LinkedIn Practitioner Community

  1. The Practitioner acknowledges and agrees that the information contained on the sites is proprietary and confidential in nature.
  2. The Practitioner agrees to maintain any information found on the Site, including without limitation participant Cultural Orientations Indicator® profiles, in strict confidence and to respect the privacy of each individual participant under all circumstances. The Practitioner further agrees not to disclose any information about any individual participant's Cultural Orientations Indicator® profile to the participant’s employer or any third party.
  3. The Practitioner may print out a participant's Cultural Orientations Indicator® profile report for the purposes of facilitating a class or a coaching session and may provide the participant with a copy of his/her profile. The Practitioner may not provide any other party with any participant's Cultural Orientations Indicator® profile.
  4. If the Practitioner fails to adhere to any provision hereunder, the Practitioner will be denied future access to the Site.

This Agreement represents the complete agreement of TMC and the Practitioner, with respect to the subject matter hereof, and supersedes any prior agreement or understanding between TMC and the Practitioner, oral or written, if any. This Agreement shall be construed in accordance with the laws of the State of New Jersey, applicable to agreements made and fully performed therein.

IN WITNESS WHEREOF, the parties acknowledge having read and do accept all the terms and conditions of this Agreement and its Exhibit, hereby executed as of the last date set forth below.

EXHIBIT “A”
Cultural Orientations Approach™ (COA™) Practitioner Code of Conduc
t

June 2009

The Cultural Orientations Approach ™ (COA™) Practitioner community is composed of members from various social, cultural, educational, professional, and institutional backgrounds and affiliations who share an interest in applying the frameworks, models, and tools associated with the COA™ to:

  • Develop understanding, respect, and empathy for and among different cultural, ethnic, and/or religious groups.
  • Further the cultural awareness, knowledge, and skills of individuals.
  • Enhance relationships within and across diverse teams, organizations, and communities.
  • Improve collaboration, performance, and results in complex, multicultural contexts.
  • Enable and facilitate effective intercultural conflict handling and resolution.
  • Inform management and leadership development that is dedicated to the values and principles of inclusiveness.
  • Contribute practical insights and/or scholarly knowledge that advance both the field of intercultural diversity and the specific work of COA™ Practitioners.

With such complex involvements and obligations, it is inevitable that misunderstandings, conflicts, and the need to reconcile dilemmas will arise. COA™ Practitioners are expected to grapple with apparently incompatible values and motives and to seek to mitigate or resolve them. In doing so, Practitioners shall be guided by the following principles:

1. Responsibility to the Individuals with whom the Practitioner Works
Practitioners must do everything in their power to ensure that their work does not harm the dignity and privacy of the people with whom they work, conduct research, or otherwise perform professional activities.

Confidentiality
Practitioners will hold strictly confidential any information obtained in the course of working with the individual, including without limitation information pertaining to the Cultural Orientations Indicator®. At no time will the Practitioner disclose any information about the individual’s Cultural Orientations Indicator® profile to the individual’s employer or any other third party without express written consent from the individual.

Informed Consent
Practitioners engaged in research must determine in advance whether their subjects/providers of information wish to remain anonymous or receive recognition. They are obligated to comply with those wishes. Practitioners must obtain in advance a written record of the informed consent of persons being studied, providing information, owning or controlling access to material being studied, or otherwise identified as having interests that might be impacted by the research. Researchers are responsible for identifying and complying with the various informed consent codes, laws, and regulations affecting their projects.

It is understood that the degree and breadth of informed consent required will depend on the nature of the project and may be affected by requirements of other codes, laws, and ethics of the country or community in which the research is pursued. Further, it is understood that the informed consent process is dynamic and continuous; the process should be initiated in the project design and continue through implementation by way of dialogue and negotiation with those studied.

2. Responsibility to Stakeholders and Represented Groups in the Practitioner’s Work
To the best of his/her ability, the Practitioner will work in the best interest of the individuals, social groups, organizations, companies, or institutions relevant to the Practitioner’s work. In doing so, Practitioners will be guided by the overall goals and motivation underlying the COA™, specifically to:

  • Develop understanding, respect, and empathy for and among different cultural, ethnic, and/or religious groups.
  • Further cultural awareness, knowledge, and skills of individuals.
  • Enhance relationships within and across diverse teams, organizations, and communities.
  • Improve collaboration, performance, and results in complex, multicultural contexts.
  • Enable and facilitate effective intercultural conflict handling and resolution.
  • Inform management and leadership development that is dedicated to the values and principles of inclusiveness.

3. Responsibility to the COA™ Practitioner community
The Practitioner will, to the best of his/her ability, contribute practical insights and/or scholarly knowledge that advance both the field of intercultural diversity and the specific work of COA™ Practitioners. These contributions should not conflict with the responsibilities to individuals and stakeholders involved in his/her work.

4. Responsibility to TMC
The Practitioner will maintain his/her status as a certified COA™ Practitioner according to the terms and conditions set forth in the Agreement. In addition, the Practitioner will ensure that TMC is notified of any changes in the organizational affiliation and contact details that may affect TMC’s ability to access the Practitioner or overall authority of the Practitioner to use the COA™ and any related tools.