2023 BOSTON MARATHON PARTICIPANT AGREEMENT
The Boston Athletic Association (B.A.A.) Boston Marathon is a serious athletic endeavor. Official timing and scoring is by net time and ceases six hours after the final participant crosses the start line, at which time the course is opened to vehicular traffic. By submitting this entry form, you are agreeing to comply with the following terms and conditions, and you certify the information you are providing is complete and correct.
You understand and acknowledge that:
- the cities and towns control access to the roadway, and that traffic control and other race support along the course ceases at various times beginning shortly after the start and ending approximately six hours from the time the last official participant crosses the start line;
- the B.A.A. does not assume responsibility for your health, safety, security, or support;
- the responsibility for medical costs of any kind associated with transport, care, and treatment lies with the participant;
- you are able to complete the entire 26.2-mile course in under six hours (net time);
- you agree to follow all health and safety protocols including specific start times, bus loading times in Boston, and transportation to the start;
- you will not compete in a manner which, in the judgment of the race officials, interferes with race operations, other participants, or the integrity of the competition;
- you will not reproduce, trim, fold or otherwise alter your official bib number, and you will not knowingly assist others in the duplication, replication or alteration of a Boston Marathon bib;
- you will not transfer your official bib number or timing device -- or your right to obtain it -- to anyone or any organization for any purpose, including charity auction, lottery, or other fundraising efforts;
- you will adhere to the rules of the World Athletics, USATF, Abbott World Marathon Majors, and the B.A.A.;
- deferment of entry into the next year's race will not be accepted for any reason
[_] I acknowledge the conditions listed above and agree to abide by them.
[ ] I agree that I will follow all B.A.A. protocols and procedures related to COVID-19 mitigation and public health for the Boston Marathon including, but not limited to, potential proof of negative testing, potential proof of vaccination, and wearing a face mask in designated areas. I assume all risks incidental to and associated with attendance and participation in the Boston Marathon, including the risk of contracting COVID-19. B.A.A. COVID-19 mitigation efforts will be guided by policies and procedures established by the CDC, state, and local public health officials.
PARTICIPANT'S AGREEMENT, WAIVER, RELEASE AND ACKNOWLEDGEMENT
In consideration of your accepting this entry, I hereby, for myself, my heirs, executors, and administrators, waive and release any and all rights and claims for liability and damages I may have against the Boston Athletic Association ("B.A.A."), its employees, agents, officers, governors, sponsors, and volunteers, USA Track and Field, the Commonwealth of Massachusetts, and the City of Boston and any other city or town in which the race is contested, and their representatives, successors and assigns, for any and all injuries or death suffered by me in or arising from said event. I acknowledge that it is my responsibility to understand the risks and determine whether I am fit to safely complete this event and the precautions I should take. I attest and certify that my physical condition and ability to safely complete this event have been verified by a licensed medical doctor (except where the latter is in violation of religious principles) and that I am physically fit and have sufficiently trained to complete this event. In addition, I acknowledge the contagious nature of COVID-19 and other communicable diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 and/or other communicable diseases by participating in this event. I acknowledge that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. I understand the risk of becoming exposed to or infected by COVID-19 in connection with my participation in this event and personally assume this risk. I agree to abide by all rules and guidelines of the B.A.A. and not to cover, alter, reproduce, or transfer my running number or alter or transfer my timing and scoring chip on pain of my and my transferee's disqualification from this and future competitions. I further agree to read and abide by the World Health Organization’s (WHO), Center for Disease Control’s (CDC), and/or applicable local authority’s recommendations for the prevention of the spread of the 2019 Novel Coronavirus Disease (COVID-19) and other communicable diseases. I grant to the B.A.A. and its sponsors and licensees the exclusive right to the free use of my name, voice, and/or picture in any broadcast, telecast, advertising, promotion, or other account of this event, except when usage suggests an endorsement of any product or service without my consent. I agree that the B.A.A. may publish my Personal Information (defined below) as part of the results of the Event and may pass such information to Abbott World Marathon Majors, the governing body (national or international) or any affiliated organization for purposes such as obtaining insurance, obtaining permits and/or for publishing results either for the Event alone or combined with or compared to other similar events. Personal information here may include, without limitation, name, any club affiliation, race times, occupation, town of residence, and age category. If I choose to make a donation to one of the B.A.A.'s charity partners, I agree that the following information may be shared with the charitable organization that I selected: my name, mailing address, email address, and amount donated. I acknowledge that my entry fee is non-refundable, non-deferable, and non-transferable, even if the race is cancelled, and that if the race is cancelled the B.A.A. has no obligation to me for any expenses that I may incur pertaining to my planned participation, whether for travel, lodging, meals or any other matter. I agree that any legal claim or dispute arising out of or in any way relating to my participation in this event will be governed by the laws of Massachusetts and will be adjudicated exclusively by and in the Courts of Massachusetts.
CONSENT TO TREATMENT
In the event of an emergency, I do grant permission to officials of the B.A.A. to provide onsite medical treatment and, if needed, transport me to a hospital emergency room for medical or surgical treatment. I give full authorization to the B.A.A. and its medical staff, employees, agents and/or subcontractors to secure medical care or treatment for me. I understand that this may involve collection of medical survey data and other uses of a mobile application in connection with any medical treatment or medical attention provided to me as part of the event. This treatment may include assistance from approved and licensed medical staff providing medical care at the event, the nearest physician, hospital, trained nurse, or EMT in the event of illness or injury that requires immediate attention, as determined by the event staff. I grant to the B.A.A. and its medical staff and designees access to my medical records and physicians, as well as other information relating to medical care that may be administered to me due to my participation in this event. I acknowledge and agree that I am responsible for any payments due to any service providers who furnish any such treatment, including emergency medical transport services, and I authorize the B.A.A. to provide contact information for me to any medical service provider seeking such payment.
CONSENT TO ANTI-DOPING POLICY
I understand that the Boston Athletic Association (herein referred to as the “LOC”), has organized the Boston Marathon (the “Event”) to be held in Boston, Massachusetts, a USATF (“Sanctioning Body”) sanctioned event. I understand that the LOC has contracted with the United States Anti-Doping Agency (“USADA”) to conduct doping control services in conjunction with the Event, including sample collection and analysis, results management, and the adjudication of disputes involving potential anti-doping rule violations for participants in the Event. I understand and agree that by virtue of signing this Consent, I am subject to doping control conducted by USADA. I understand and agree that the World Anti-Doping Code (“Code”) and the USADA Protocol for Olympic and Paralympic Movement Testing and its Annexes (“USADA Protocol”) apply to me and constitute the anti-doping rules for the Event, and that I am required to abide by all such rules and by the anti-doping rules of the LOC and the Sanctioning Body. I further understand and agree that the LOC shall recognize and enforce any sanction imposed against me by USADA, the Sanctioning Body or any other Code Signatory that results from a violation of the applicable anti-doping rules, regardless of whether such violation occurred during the Event.
I agree that during the Event and for up to ninety (90) days thereafter as may be needed for follow up testing, I will be subject to blood and/or urine testing for any substance or method on the World Anti-Doping Agency (“WADA”) Prohibited List: www.usada.org/prohibited-list. I agree to submit to urine and/or blood testing by USADA immediately upon notification that I have been selected for drug testing and to provide complete whereabouts information to USADA in the event that follow up testing should become necessary. It is my responsibility to know and understand all anti-doping rules applicable to me prior to signing this Consent, including the requirement to obtain a Therapeutic Use Exemption prior to using any medication containing a Prohibited Substance or Prohibited Method. The Code is available online and may be found at https://www.wada-ama.org/en/resources/the-code/world-anti-doping-code. The USADA Protocol is available online and may be found at http://www.usada.org/wp-content/uploads/USADA_protocol.pdf. Information regarding Prohibited Substances and Methods and TUE applications is available online and may be found at http://www.usada.org/substances.
I understand that significant penalties exist for any anti-doping rule violation and that such violations may be established through any reliable means including, but not limited to, drug testing, admissions, third-party testimony, and circumstantial evidence. If I am charged with an anti-doping rule violation, I agree that my case will be administered in accordance with the USADA Protocol. I, on behalf of myself, my team, my sponsors, and all who may claim through me, agree that arbitration under the terms of the USADA Protocol is our sole and exclusive legal recourse and means of addressing any charge of doping, ineligibility, loss of results or any other issues arising from any anti-doping rule violation, or any other matter arising in connection with the collection, transport, and analysis of my sample(s), results management, or the reporting or communication of drug testing information or doping control results by USADA or its designees. I, on behalf of myself, my team, my sponsors and all who may claim through me, hereby waive and release any other right, remedy, claim or cause of action involving USADA, the LOC, the Sanctioning Body or any other party relating to doping control and/or the handling, analysis, and reporting of my sample(s) or the administration of any potential or actual anti-doping rule violation. In the event that I challenge the laboratory results or otherwise contest any charges from USADA that I committed an anti-doping rule violation and am then found to be in violation of the USADA rules, I understand and agree that I will reimburse the LOC for any and all costs associated with the results management of my case.
[_] I have read, fully understand, and agree to the foregoing terms.
Deferment of entry into next year’s Boston Marathon will not be accepted for any reason. Duplication or transfer of bib numbers is not permitted. Bib numbers are non-refundable, non-transferable, and non-deferable.
[_] I acknowledge the deferment policy.