Although many approaches to Leadership Coaching exist, they appear to share a common goal: Raise the level of human performance. From sports to business and from science to management and leadership, Leadership Coaching today has a role to play in human development and success.
—Ray Newkirk
Terms and Conditions
These Terms and Conditions exists to facilitate and enable the Leadership Coaching process of the Follower or team member as the Client. They identify the responsibilities and expectations of the Leader as coach and the team member as client participating in the Leadership coaching process. Herein are the expectations of conduct and performance of both parties. Each follower as client will enter a Leader managed coaching program plan that governs the coaching process, its duration, cost, and payment schedule, if required. This Program Plan will establish the number of expected Leader directed coaching sessions, the Program Costs, payment plan that corresponds with the length of the program. Refunds will be honored for sessions not commenced. Any team member viewed as a Client can cancel at any time, but must pay for sessions attended.
Leadership Coaching Defined
For Dr. Ray Newkirk, Leadership Coaching is a formative experience that assists team members as clients with attaining skills and behaviors that enable them to deliver Extraordinary UlThule™ Performance as an ordinary experience. In this view, the Leadership coaching relationship becomes an alliance that assists the followers and team members as clients with realizing their untapped potential to experience a more fulfilling life by enjoying extraordinary personal and professional results through UlThule™ Leadership Mastery. Dr. Newkirk sees UlThule™ Leadership Coaching as an assistive experience that builds human character through potent soft-skills mastery. Successful Leaders as coaches are ethical people. They adhere to the standards of behavior commonly adopted within the Disciplined Coaching profession and within the various Coaching skills development communities.
Team members as clients remain responsible for their self-maintenance including Client’s physical, emotional, and mental well-being experienced through the coaching relationship. This means that followers are responsible for their behaviors including their decisions, choices, actions and results. Team member as Clients alone are responsible for their inaction. Unless the client is under medical care, the client is expected to behave openly and accept the feedback and assistance offered by the Leader as Coach. The client is expected to respond to the Coach with honesty as well as consistently participate fully in the coaching process.
The UlThule™ Leadership Coaching Relationship
The team member as Client acknowledges that Coaching is not therapy nor can the Client substitute Coaching for Therapy at any time under any condition. Clients acknowledge that Coaching does not prevent, cure, treat, displace or reduce any mental, emotional, psychological, behavioral, physical disorder or medical disease. The Coach and Client have formed a Performance-Oriented Coaching Relationship, not a therapeutic process or psychological counseling relationship. If the team member, as Client, requires any form of therapy or counseling, Clients are encouraged to seek these services from an appropriately licensed professional.
The UlThule™ Coaching Relationship exists to facilitate the team member as Client in the attainment of specific and general goals. This requires both parties to understand and agree upon the substance of the Leadership Coaching Process. Differing from psychotherapy, Executive Coaching is a non-therapeutic Disciplined Inquiry. Generally, Coaching enables clients to out grow their personal challenges, enhance their workplace relationships and even improve their professional performance. Unlike many other “assistive” relationships, Leadership Coaching is unique in that either party can exit it at any time for no apparent reason merely by following the courtesy of giving the previously agreed upon period of notice.
As the facilitator of UlThule™ Leadership Mastery, Dr. Newkirk forms a Coaching Relationship to inform and energize clients to out-grow the situations that restrict or misdirect their performance. He is not responsible for decisions made or ignored during Leadership Mastery sessions nor the impacts these decisions may have on the client or the client’s organization. For the Leadership coaching process to remain effective, Dr. Newkirk expects Clients to maintain a level of integrity that produces honest, clear, and open communications. Leadership Coaching success requires team members as Clients to dedicate sufficient effort and time to attain the goals defined for success. This means that Dr. Newkirk expects team members as Clients to focus on the Leadership coaching process well enough to achieve feedback while maintaining a state of healthy, sincere, and professional team member relationships.
Leadership Coaching Distinctiveness
Leadership Coaching is unique and as such differs from other “talking” interventions. For one thing, Leadership Coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association. Team members as Leadership Coaching clients cannot and should not attempt to use Leadership Coaching as a replacement for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment or for any other professional advice by a legal, medical or other qualified professionals. It is the team member’s exclusive responsibility to seek such independent professional guidance as necessary. If the Client is currently under the care of a mental health professional, Dr. Newkirk recommends that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Leadership Coach.
Status of Coach
The Coach, as the Service Provider, is an “Independent Contractor”, and thus, is not an employee of the Client. The Client is not responsible to any government body for any payroll taxes related to the Coaching Services. All taxes are the responsibility of the Coach or the Coaching Company. Under the code of the Internal Revenue Service (IRS), the Coach works as an independent contractor and neither the Service Provider’s employees or contract personal are, or shall be deemed, the Client’s employees. In its capacity as an independent contractor, the Service Provider agrees and represents that:
The Service Provider has the right to perform services for others during the term of this Agreement.
The Service Provider has the sole right to control and direct the means, manner, and method by which the Services required under the Agreement will be performed.
Neither the Service Provider nor the Service Provider’s employee or personnel shall receive any training from the Client for the professional skills necessary to perform the Services required by this Agreement.
Neither the Service Provider nor the Service Provider’s employees or personnel shall be required by the Client to devote full time to the performance of the Services required by this Agreement.
Coaching Approach
Dr. Newkirk employs the Applied Intuitive Solutions™ (AIS™) approach to Executive Coaching. The intent is to enhance the capacities of Clients to more rapidly resolve a wider range of Soft-Skills challenges. Inevitably everything comes down to people and problems. Understanding this, we are extremely methodology driven. In this respect, we design a coaching approach suitable for each Client based on the acceleration of problem-solving. Although it is true that people are different in many different ways, it is exactly because people are so different, that so many problems continually emerge in organizations and in every other place that may come to your mind. Our coaching improves Executive Effectiveness by assisting Executives with rapid problem solving for a wide range of problem categories.
Coaching Responsibility
Through One-on-One and Team Coaching, Dr. Newkirk assists the Client with achieving the desired results and outcomes. Clients remain responsible for participating in the coaching process in a manner sufficient to enable the client to attain the changes desired in the defined capabilities and capacities.
The coach will engage the coaching process to identify the barriers and deficincies that impede the client’s desired level of performance. The coach with further present solutions and make recommendations, offer options to facilitate professional and personal growth. The coach will further share insights gained through professional and personal experience, education, and training. The Coach:
(1) manages the coaching process;
(2) shares specific and formative insights that facilitate client progress, and
(3) maintains the client’s confidentiality.
The client accepts complete responsibility for decision-making and course of action taken during the coaching process. By initiating the Coaching Process with the Coach, the Client accepts the Terms and Conditions of the Coaching Program. The Client acknowledges and agrees that the Coach in Coaching the client is providing a service only and is not responsible for the performance of the Client, and therefore, is not liable at any time for any direct or indirect, implied or otherwise, behavior, result, action, or inaction for any service delivered by the Coach. The Client:
(1) attends coaching sessions as planned;
(2) selects topics for discussion, and
(3) works with the coach to define and pursue specific goals.
Coaching Commitment
This Leadership Coaching Agreement establishes a contract between Client and Leadership Coach. Dr. Newkirk agrees to assist the client with attaining increased effectiveness as specified in the Coaching Session Plan of Action negotiated between Client and Coach. Understanding that an increase in effectiveness is a complex and timely activity due to its potential complexity and time constraints, the client recognizes that the pace of change will vary for different individuals. Therefore, these considerations are fundamental concerns for the client in establishing the duration of the Coaching contract.
Coaching Session Process
Coaching can occur in person, by phone, through email, through video conferencing, over the phone, depending on the requirements of the session and what can work best for the effectiveness of the client and the coaching relationship. The coaching process consists of a goal directed dialogue between client and coach in which goals are established and progress is measured in definable ways such as through the adoption of new behaviors, development of more effective attitudes and exercise of previously unrecognized values.
Communications Protocols
Coaching sessions occur via phone, video, and online sessions. During every Coaching Agreement, responses to client inquiries will be governed by a 48 hour rule. The Coach will follow a 48 hour standard for acknowledging and replying to a client message. The Coach will deliver the products and services identified in the Coaching Agreement.
Call Procedure
The Client will initiate all scheduled calls and will call the Coach for all scheduled meetings at (407) 864-7756. The Coach will likely provide a link prior to the session. If the Coach will be at any other number for a scheduled call, Client will be notified prior to the scheduled appointment time.
Scheduling
Every coaching session is to be scheduled in advance by direct agreement between the client and the Coach. If for any reason, the client is unable to attend a scheduled Coaching Session, the client must notify the coach and reschedule the appointment two days in advance. Clients can cancel and reschedule an appointment via phone or email.
Session Guidelines
Each Session will be 60 minutes duration unless a special provision requires a longer or shorter duration. Debriefing Sessions may be extended as the Coach may require.
Cancellation
The Client has the right to cancel the coaching program at any time. The Coach can cancel the coaching program at any time when the coach determines that the Coaching Sessions and the coaching agreement are not serving the needs of the client. The Client may seek to rectify the situation, if possible, prior to to any cancellation event.
Leadership Coaching Fees
Fees are based on a Contract-by-Contract basis in response to the level, size, and history of the organization and the range and depth of executive’s position within the organization . Not every organization is the same and not every executive level position is the same. Just as people differ, executive positions also differ according to the size, scope, and industry of an organization.
Payment Methods
Dr. Newkirk will submit invoices for all coaching services delivered. Payments are acceptable by credit card using our online payment system.
Program Changes
The Coach reserves the right to change, modify, or cancel any programs as considered necessary. Any such change will be made in consultation with the Client.
Privacy & Data Protection
We comply with the applicable privacy and data protection regulations and standards. We process all personal data lawfully in compliance with all legal and regulatory obligations. We respect the privacy of all personal information shared by Clients. We are committed to maintaining the privacy and confidentiality of all Clients.
Records Retention
Our Clients’ Records Retention Policy governs all documents, information, and data received or shared by Client during the Coaching Relationship. Such record will be store in a format of the Coach’s preference (either print, digital, electronic) for a period not to exceed two (2) years.
Return of Records
Upon completion or expiration of this Agreement, the Coach will deliver all records, notes, and Client data of any nature that are in the Coach’s possession or under the Coach’s control byt are the propert of the Client or are related to the business of the Client.
Intellectual Property
All content relating to each Coaching Session is subject to copyright and other Intellectual Property rights. All sessions, materials, and content may not be recorded, used, or reproduced without the writtem permission of Dr. Ray Newkirk. Proprietary or conficential information includes bt is not limited to:
Written, printed, graphic, or electronically recorded materials furnished by the Coach for the use of the Client;
Any written or tangible information stamped “confidential”, “proprietary”, or with a similar legend, or any information that the Coach makes resonable efforts to maintain the secrecy of, bsiness or marketing plans or strategies, clients lists, operating procedures, trade secrets, design formulas, know-how and processes, computer programs and inventories, discoveries and improvements of any kind, sales projections, and pricing information; and
Information belonging to Clients and suppliers and vendors of the Coach about whom the Coach gained knowledge as a result of the Coach’s relationship to Clients.
Upon termination of the Coach’s services to the Client, or at the Coach’s request, the Client shall deliver all materials to the Coach in the Client’s possession relating to the Coaches personal and business data. The Client acknowledges any breach or threatened breach of confidentiality under this Agreement will result in irreparable harm to the Coach for which damages would be an inadequate remedy. Therefore, the Coach shall be entitled to equitable relief, including an injunction, in the event of such breach of threatened breach of confidentiality. Such equitable relief shall be in addition to the Coach’s rights and remedies otherwise available at law. Proprietaryinformation under this Agreement includes:
The product of all work performed under this Agreement (the work product), including without limitation all notes, reports, documentation, drawings, computer programs, inventions, creations, works, devices, models, works-in-progress and deliverables, will be the sole property of the Coach, and the Client hereby assigns to the Coach all right, title, and interest therein, including, but not limited to, all audiovisual, literary, moral rights and other copyrights, patent rights, trade secrets rights, and other proprietary rights therein. The Coach retains the right to use the Work Product and the Client agrees not to challenge the validity of the Coach’s ownership of the Work Product;
The Client hereby assigns to the Coach all right, title, and interest in any and all photographic images and videos or audio recordings made by the Coach during the Coach’s work for the Client, including, but not limited to , any royalties, proceeds, or other benefits derived from such photographs or recordings, and
The Client will be entitled to use the Coach’s name and/or likeness in advertising and other materials.
Client Confidentiality & Proprietary Information
Dr. Raymond L. Newkirk, the Leadership Coach, agrees to keep all conversations and information with the Client private and confidential, as allowable by law. No personal information will be shared with anyone without the Client's express permission. Exceptions may be made if there is an imminent threat of serious injury to oneself or someone else. The Coach acknowledges that it may become necessary for the Client to disclose certain confidential and pproprietay information to the Coach for the Coach to execute his or her duties under the Agrrrment. The Coach acknowledge that diclosure to a Third (3rd) party or misuse of this proprietary or conficnetial information would irreparably hurt the Client. Therefore, the Coach will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential inforamtion of the Client without the Client’s prior writen permission except to the extent necessary to perform the services on the Client’s behalf. The coach will not divulge anything shared by the client or coach through the coaching process without the client’s consent. Clients can discuss the coaching relationship with any person at any time.
Limited Liability
Except as expressly provided in this agreement, the Coach makes no guarantees or warranties, express or implied. In no event will the Coach be liable to the Client for consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this agreement, and the Client’s exclusive remedy, will be limited to the amount paid by the Client to the Coach under this agreement for all services rendered up until the termination date. Client freely and voluntarily assumes all risks involved with receiving the Coaching Services describe herein. In no event shall he Coach be liable to Client or to any other person for any incidental , consequential or special damages arising from The Coaching Serevices as herein contemplated. The Coach makes no guarantee, representation or warranty as to the results the Client may attain through the Coaching Services and Coach explicitly disclaims any warranty or guarantee, express or implied, of results.
Indemnification
Client understands that all actions taken including physical exercise, business actions, or other such actions are the responsibility of the client. Clients should always seek independent professional advice before engaging in any business, medical or physical actions. The Coach makes no guarantees or warranties, express or implied. In no event will the Coach be liable to the Client for consequential or special damages.
Dispute Resolution
If a dispute arises out of this agreement that cannot be resolved by mutual consent, the Client and Leadership Coach agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
Severability
This Agreement shall remain in effect in the event a section or provision is invalid or unenforceable. All remaining sections and provisions shall be deemed legally binding unless a court administers that any such provision or section is invalid or unenforceable, thus, limiting the effect or another provision or section. In such case, the affected provision or section shall be enforced as so limited.
State and Federal Licenses
The Service Provider represents and warrants that all employees are personnel associated shall comply with Federal, state, and local laws requiring any licenses, permits, and certificates necessary to perform the Services under this Agreement.
Governing Law
This Agreement shall be governed under the laws of the State of Florida.
Client Agreement
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations. By signing the Coaching Agreement with Dr. Raymond L. Newkirk, the client agrees to abide by the Terms and Conditions presented herein.
For any questions or concerns, please contact Dr. Ray directly at rnewkirk@smilc.info
or call (407) 864 7756 Orlando, Florida