11. Doping and Consequences (art. 49-51)

Anti-Doping Policy of Sierre-Zinal

• The Organizer has strengthened the provisions of the Regulations concerning doping. These provisions must be accepted by all participants, as well as by representatives, agents, team managers and any other private persons representing athletes, at the time of registration.
• For many years, Sierre-Zinal has actively fought against all forms of doping by systematically mandating anti-doping controls (WADA) in the “Runner” category. Anti-doping controls (WADA) shall continue to be conducted in collaboration with the World Mountain Running Association (WMRA), which cooperates with World Athletics.
• By registering for Sierre-Zinal and thereby accepting the present Regulations, each athlete — as well as invited representatives and coaches — undertakes, in the event of proven doping, to reimburse in full all costs and expenses incurred by the Organizer under this chapter. In addition, the Organizer may claim further compensation for reputational damage caused to the event in connection with the invitation.
• In order to ensure the financial solvency of invited athletes, representatives (including coaches), agents, team managers, any other private persons representing athletes and/or teams shall be contractually and jointly and severally liable, within the meaning of Art. 143 of the Swiss Code of Obligations (CO), for the reimbursement of the amounts referred to above. Accordingly, they undertake personally to reimburse in full all prizes, registration fees, accommodation costs and any other expenses related to the invitation of the athlete, and to pay any additional compensation owed to the Sierre-Zinal Association.
• The Organizer reserves the right to suspend any current and future collaboration with participants, as well as with representatives (including coaches), agents, team managers, any other private persons representing athletes and/or teams, following a positive anti-doping control at Sierre-Zinal. The same shall apply to participants and their entourage who competed in Sierre-Zinal while concealing a provisional suspension.
• The Organizer further reserves the right to prohibit future participation of the athletes concerned and their entourage, being convinced that the fight against doping requires awareness and accountability at all levels.

Art. 49 Doping

Each participant in the Sierre-Zinal Race undertakes:

• To submit to any urine, blood, capillary, hair and/or saliva sampling and related analyses carried out within 30 days prior to the Sierre-Zinal Race and up to 15 days after the race. It is understood that the costs of such sampling and analyses shall be borne directly by the Organizers;
• To comply at all times with the current Prohibited List issued under the World Anti-Doping Code (WADA) (https://www.wada-ama.org/fr/liste-des-interdictions#search-anchor) ;
• To respond to any request or summons from the Organizers, whether in person or remotely (telephone or videoconference), for the purpose of assessing their fitness to participate or any potential reclassification or sanction following the competition;
• To provide, upon request of the Organizers, any anti-doping control forms relating to tests carried out within 30 days prior to the race and up to 15 days after the race;
• To spontaneously inform the Organizers of any anti-doping proceedings initiated against them by any national anti-doping organization or international anti-doping authority, as well as any provisional or final suspension affecting them that is not publicly known or known to the Organizers;
• To consent to the strictly anonymous use of their data for research purposes only. Each participant has the right to access, rectify and object to the processing of their personal data in accordance with Art. 54 Data protection.

Any unreasonable failure, refusal to cooperate, or transmission of incorrect or incomplete information in connection with anti-doping controls may result in exclusion prior to the competition or disqualification after the competition, with the consequences provided for under these Regulations (Art. 45 Disqualification).

Art. 50 Proven Doping Case

If a participant is found guilty of doping as a result of a positive test carried out within three (3) months before or after the Sierre-Zinal Race, or in connection with the Sierre-Zinal Race, and such finding is based on a final and legally binding decision, or if the results of a participant in the Sierre-Zinal Race are subsequently annulled pursuant to a final sanction imposed by competent anti-doping authorities covering the period of the Sierre-Zinal Race, or if the participant should not have taken part in the race due to a provisional suspension in force at the time, the participant shall be deemed to have committed a Proven Doping Case and shall be disqualified from the relevant edition of the Sierre-Zinal Race (Art. 45 Disqualification).

In addition, the participant shall reimburse and/or pay to the Organizers:

• All prizes received from the Organizers for the edition concerned (place and time prizes, start prize and/or record prize – see Art. 41 Prizes based on rank and time, Art. 42 Start Prizes and Art. 43 Record Prizes);
• All accommodation, transport and any other costs paid by the Organizers for the participant;
• The registration fee of CHF [110] if the participant was a guest runner;
• All costs resulting from the positive test and its consequences (including, but not limited to, administrative costs and legal expenses);
• A lump-sum compensation of CHF 10,000 for violation of these Regulations and of the fundamental anti-doping values of the Sierre-Zinal Race, without prejudice to the Organizers’ right to claim compensation for the actual damage suffered, in particular reputational damage.

If the participant was represented or advised by representatives (including coaches), agents, team managers, any other private person and/or was part of a team with legal personality, such persons and/or team shall be jointly and severally liable for the reimbursement and payment of the full amounts set out in this provision.

Art. 51 Other Consequences of a Proven Doping Case

The Organizers reserve the discretionary right to prohibit, for a determined number of years, any future participation in the Sierre-Zinal Race of a participant who has been subject to a Proven Doping Case (Art. 50 Proven Doping Case  above). The Organizers further reserve the right to prohibit, for the same period, the participation of the participant’s representatives (including coaches), agents, team managers, any other private person representing athletes, and/or teams, including the athletes represented by such persons or teams.

In exercising this discretionary power, the Organizers shall take into account the specific circumstances of the case.

A complaint may be lodged in accordance with Art. 46 Complaints. Any other legal remedy is expressly excluded.