Terms and Conditions

These Terms and Conditions outline the rules and regulations for the coaching services provided by Szymon Traczyk. By accessing this website and purchasing a coaching subscription, you accept these terms in full.

Eligibility & Sanctions Compliance: You must be at least 18 years old to purchase and use our services. By agreeing to these Terms, you represent and warrant that you are of legal age to form a binding contract. Furthermore, you represent and warrant that you are not located in a country subject to a comprehensive U.S., EU, or UN embargo, nor are you listed on any restricted party lists maintained by these entities.

1. Medical Disclaimer & Assumption of Risk

1.1. Szymon Traczyk provides customized running training plans and coaching advice. Szymon Traczyk is a certified UESCA Running Coach, not a licensed medical professional, physical therapist, or registered dietitian.

1.2. The coaching services and training plans do not replace professional medical advice, diagnosis, or treatment.

1.3. ASSUMPTION OF RISK & DISCLAIMER OF WARRANTIES: Running and endurance training are physically demanding activities that carry inherent risks of injury, illness, or in extreme cases, death. By participating in these programs, you acknowledge and voluntarily accept these risks. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND DIGITAL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SZYMON TRACZYK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCURRED DURING THE TRAINING PROCESS. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, or any other liability which cannot be legally limited or excluded under mandatory consumer protection laws in your jurisdiction.

1.4. You are strongly advised to consult with a physician before beginning any new exercise program, especially if you have pre-existing medical conditions.

1.5. Indemnification: To the fullest extent permitted by applicable law, and specifically excluding consumers residing in the EU/UK where such clauses may be deemed unfair, you agree to indemnify and hold harmless Szymon Traczyk from any claims, damages, or expenses (including legal fees) brought by third parties arising from your breach of these Terms. This obligation does not apply to damages caused by our willful misconduct.

1.6. No Guarantee of Results: While Szymon Traczyk utilizes evidence-based coaching methodologies, I do not guarantee specific athletic results, race times, or performance improvements. Individual success depends on various factors including, but not limited to, genetics, personal dedication, and external circumstances.

2. Service Level Agreement (SLA) & Communication

2.1. To ensure the highest quality of service and focused analysis, Szymon Traczyk operates with defined communication frameworks:

Response Time: Non-urgent emails and TrainingPeaks messages will generally be answered within 24-48 hours during standard business days (Monday – Friday).

Weekends: Weekends are dedicated to clients' long runs and races. While monitoring takes place, active communication and detailed feedback are processed primarily on weekdays, unless otherwise agreed upon in the Gold Tier.

2.2. Calls: Scheduled calls (quarterly, monthly, or weekly, depending on the tier) must be booked in advance via the provided calendar link. Cancellations or rescheduling require at least 24 hours' notice.

2.3. "Unlimited" or "Daily" feedback, where applicable in premium tiers, is subject to the coach’s fair-use policy to ensure sustainable and high-quality guidance.2.4. Coach Availability and Leave: To maintain high coaching standards, Szymon Traczyk reserves the right to up to 28 days of scheduled annual leave or occasional sick leave. During these periods, training plans will be adjusted and uploaded in advance. While active communication and data analysis may be limited or paused during this time, it does not constitute a reduction in the service provided and does not entitle you to a partial refund of your monthly subscription.

3. Payments & Subscriptions

3.1. Auto-Renewing Subscription: Coaching services are billed on a recurring monthly subscription basis. By entering into this agreement, you acknowledge that your subscription has an initial and recurring payment feature. Your subscription will automatically renew each month, and your payment method will be automatically charged the agreed-upon fee for the upcoming 30 days of service, until you cancel your subscription. You can cancel your subscription by contacting the coach by e-mail.

3.2. Taxes & Pricing: All prices are inclusive of applicable local taxes (e.g., VAT/GST) unless stated otherwise at checkout.

3.3. Refunds and the EU/UK Right of Withdrawal: Due to the personalized nature of my coaching services, initial onboarding, data analysis, and bespoke plan creation, payments are generally non-refundable once the service execution has commenced, except as required by law.

 

For Services (e.g., ongoing coaching): EU/UK consumers have a statutory 14-day right to cancel this contract. If you actively request the coaching services to begin during this 14-day period and subsequently cancel, you agree to pay a proportionate amount for the services provided up to the point of cancellation.

For Digital Content (e.g., downloadable training plans): If your purchase includes immediate access to digital content, you will be asked to expressly consent to the immediate performance of the contract before the expiration of the 14-day withdrawal period. By providing this consent and acknowledging the loss of your right of withdrawal, you agree that the 14-day cancellation right is irrevocably waived once the download or access has commenced.

3.4. Grandfathered Pricing (Price Lock Guarantee): If you secure a promotional rate, that monthly rate is locked in for the lifetime of your continuous coaching relationship. However, if you cancel, pause, or default on a payment, the price lock guarantee is voided. Should you decide to return to coaching later, you will be subject to the current, standard market rates.

3.5. Price Changes: For active subscriptions not covered by a Price Lock Guarantee, Szymon Traczyk reserves the right to adjust pricing. I will provide you with at least 30 days' advance notice via email before any price increase takes effect. If you do not agree to the new price, you may easily cancel your subscription before the next billing cycle.

4. Pausing & Cancellation Policy

4.1. Cancellation Process: You may cancel your automatically renewing subscription at any time. To avoid being charged for the next billing cycle, you must submit your cancellation request via e-mail to the coach. If you cancel, you will retain access to the coaching services through the end of your currently paid billing period.

4.2. Pausing / Injury: In the event of a severe injury or illness that completely prevents running for an extended period, the subscription may be paused at the coach’s discretion. Minor adjustments and cross-training plans are handled as part of the active coaching process.

4.3. Termination for Cause: Szymon Traczyk reserves the right to immediately terminate the coaching relationship without a refund if a client behaves in an abusive, harassing, or disrespectful manner toward the coach, or repeatedly acts against professional safety and medical advice, creating an unmanageable risk of harm.

5. Client Responsibilities

To maximize the return on your invested time and money, you agree to:

5.1. Wear a GPS/Heart Rate monitor and sync your workouts to TrainingPeaks promptly. Data is the foundation of evidence-based coaching.

5.2. Provide honest and regular feedback (RPE, feeling, pain) in your workout comments.

5.3. Notify the coach immediately of any pain, injury, unusual fatigue, or significant schedule changes. The plan is built around your life, but it requires your proactive communication to be adjusted accurately.

5.4. Health Data and Privacy: To provide customized coaching, Szymon Traczyk analyzes your physiological and performance data via third-party platforms like TrainingPeaks. Under the GDPR, this is special category health data requiring your explicit, separate consent, collected during onboarding. For residents of California and applicable US states: I do not "sell" or "share" your personal information as defined by the CCPA/CPRA. Full details on cross-border data transfers and your rights are available in our Privacy Policy.

5.5. Third-Party Platforms: Szymon Traczyk utilizes third-party platforms (such as TrainingPeaks) for service delivery. These platforms operate independently under their own terms of service and privacy policies. Szymon Traczyk is not responsible for any outages, data breaches, or policy changes implemented by these independent third parties.

6. Intellectual Property

6.1. All training plans, structural concepts, and written materials provided to you are the intellectual property of Szymon Traczyk. They are intended solely for your personal use and may not be copied, distributed, sold, or shared with third parties.

7. Governing Law and Jurisdiction

7.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Poland.

7.2. Mandatory Consumer Protections: If you are a consumer residing in the European Union or the United Kingdom, this choice of governing law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the laws of the country where you have your habitual residence. Any disputes arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of Poland, meaning you may bring a claim to enforce your consumer protection rights in connection with these Terms in Poland or in the EU/UK country in which you live.

7.3. EU Online Dispute Resolution:

For EU consumers: You may also submit complaints to the EU Online Dispute Resolution platform available at: http://ec.europa.eu/consumers/odr.

7.4. Dispute Resolution & Class Action Waiver (For Non-EU/UK Residents): If you reside in the USA or outside the EU/UK, any dispute, claim, or controversy arising out of or relating to these Terms or the breach thereof shall be resolved exclusively by the competent courts located in Poland. You expressly consent to the personal jurisdiction of such courts.

Class Action Waiver: To the fullest extent permitted by applicable law, you and Szymon Traczyk agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither you nor Szymon Traczyk will seek to have any dispute heard as a class action, a representative action, a collective action, or in any proceeding in which either party acts or proposes to act in a representative capacity.

8. Complaint Handling Procedure

8.1. If you have any complaints regarding our services, please contact me via email. I aim to acknowledge and resolve all complaints promptly and professionally.

8.2. EU Consumers: In compliance with EU consumer protection laws, Szymon Traczyk will officially respond to your formal complaint within 14 days of its receipt, detailing our proposed resolution or explanation.

9. Severability

9.1. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

10. Force Majeure

10.1. Szymon Traczyk shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause that is beyond our reasonable control, including but not limited to severe illness, acts of God, global internet failures, or prolonged third-party platform outages (e.g., TrainingPeaks).

11. Amendments to Terms

11.1. I reserve the right to update or modify these Terms and Conditions at any time. If I make material changes to these Terms that affect your active subscription, I will notify you by email at least 14 days before the changes take effect. Your continued use of the services after the effective date of the revised Terms constitutes your acceptance of the changes.

12. Company Details and Contact

12.1. For any questions, legal notices, or inquiries regarding these Terms and Conditions, please contact me:

Business Name: Szymon Traczyk Running Coach

Tax ID / NIP: 7282909155

Email Address: contact@strunning.coach

13. General Provisions

13.1. Language Clause: These Terms are drafted in English. If they are translated into any other language, the English language version shall prevail in the event of any conflict or inconsistency.