Race Entry Forms

ACKNOWLEDGMENT OF UNDERSTANDING:

I have read this Waiver/Release, and I fully understand its terms and conditions and understand that I am giving up substantial rights, including my right to bring actions against the Releasees. I acknowledge that I am signing the Waiver/Release freely and voluntarily, and that I intend by my signature to completely and unconditionally release the Releasees to the fullest extent allowed by law.

I expressly agree that this Waiver/Release is intended to be as broad and inclusive as permitted by the laws of the State of New York and that this Waiver shall be governed by and interpreted by the laws of the State of New York. I agree that in the event that any clause or provision of this Waiver/Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Waiver/Release, which shall continue to remain in full force and effect.

PARTICIPANT'S ACKNOWLEDGMENT

The 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 official 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 at 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 associated with the 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 will not begin racing prior to your assigned start time;
· 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 IAAF, 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.

PARTICIPANT'S AGREEMENT, WAIVER, RELEASE, AND ACKNOWLEDGMENT

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. 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 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 organisation 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. I acknowledge that my entry fee is nonrefundable, 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

Consent to Treatment, including Treatment for Participants under the age of 18: 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 and/or my child/ward to a hospital emergency room for medical or surgical treatment. The BAA also agrees to take every step possible in contacting, as appropriate, me or my next of kin or other emergency contacts, at the number provided on the registration when any such situation may occur. Whether for myself or as the parent/legal guardian, 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 or for above named youth. 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. In the event that I cannot be contacted, and an emergency has occurred, I give permission to the treating medical institution and/or medical providers to hospitalize and administer the appropriate treatment deemed medically necessary. 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 DOPING CONTROL

I understand that Boston Athletic Association (in this section referred to as the “B.A.A.”), has organized the B.A.A. Marathon (the “Event”), to be held in Boston, Massachusetts, a USATF (“Sanctioning Body”) sanctioned event. I understand that the B.A.A. 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 B.A.A. and the Sanctioning Body. I further understand and agree that the B.A.A. 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: http://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 B.A.A., 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 B.A.A. for any and all costs associated with the results management of my case.

By agreeing I have read, fully understand, and agree to the foregoing terms, and acknowledge that there are no-refunds, no deferrals, and no transfers of bib-numbers or entry fees.

Rates:
Air and Land Prices may change due to changes in any taxes or fuel increases.

Reservations and Payments:
This tour application must be completed by each traveller. The initial deposit of $300.00 per person has been received as per the confirmation invoice. A second deposit of $2500 per person must be received before March 1, 2019 before confirming reservations on a definite basis. A third deposit of $2500 is due July 1, 2019. The balance of payment is due October 1, 2019.

Cancellations:
A full refund of initial deposit of $300 will be made if cancellation is received in writing before March 1, 2019. A $2800 per person cancellation fee will be charged if cancellation is received in writing after March 30, 2019 and before October 1, 2019. No refund applies to cancellations after September 30, 2019 unless a substitution is found. If a full paying substitution is found before December 1, 2019, only a $500 cancellation fee will be charged. No refund applies to cancellations after December 1, 2019 unless a substitution is found. Airline tickets are non-refundable once issued.

Not included in price:
All items not specifically listed under tour features. A reciprocity tax is charged on arrival for passports holders of Canada ($78USD for single entry) and Australia ($100USD). A departure tax of about $6 is collected when departing Ushuaia. Any new tax imposed by any government agency. All taxes are subject to change. The race entry fee of $250 for the marathon and half-marathon are additional. Airport transfers on arrival in Buenos Aires are provided only if arriving on the standard itinerary dates between 8am and 1pm.

Insurance:
Medical evacuation insurance is mandatory for all passengers. Trip cancellation, baggage, health and accident insurance is highly recommended for all participants. Residents from outside the U.S. must check within your country for insurance coverage. All passengers are responsible for any expenses incurred due to airline or ship delays.

Event Waiver:
In consideration for my entry acceptance, I hereby for myself my heirs, executors and administrators release any and all rights for damages I may have against the sponsors, organisers, government officials, Marathon Tours, Inc. and One Ocean Expeditions or its affiliates, or any individual associated with the event. I attest that I am physically fit to complete in this challenging event. I grant full permission to any and all of the foregoing to use my likeness in all media including photographs, pictures, recordings, or other record of this event for any legitimate purpose. I also understand that I am travelling to a very remote destination and that weather, acts of God and other forces beyond any person's control may prevent the event from taking place. If the event is not held due to circumstances beyond our control such as but not limited to weather, acts of God or force majeure, I understand that no refund of my travel expenses or entry fees will be reimbursed.

Responsibility:
These tours are operated by Marathon Tours, Inc. of Chelsea, MA who acts only as an agent for the passenger to the companies offering such services and assumes no liability for injury, damage, loss, accident, delay or irregularity caused by any reason whatsoever by any party offering such services. All terms and conditions offered are governed by the laws of Massachusetts. The right is reserved to cancel the tour prior to departure with a full refund made as full settlement to the passenger. The right is reserved by Marathon Tours, Inc. to deny acceptance of a booking application by any person. Marathon Tours, Inc. may make any changes or alterations in the itinerary as it deems necessary for the proper handling of the tour. The sole responsibility of any airline used is limited to that set out in the passenger contract evidenced by the ticket. The airlines concerned are not to be held responsible for any act, omission or event during the time that the passengers are not on board their aircraft. All race participants must sign the trip application which acts as the race entry form and liability waiver.