I have two of the Sapphire Toxics, purchased within the past two weeks.
Both have the 6970 bios, all it took was a flip of the switch - no flashing, no nothing else.
I also have the Sapphire Dirt3 version of the 6950. I did not attempt to flash the bios, but the 6970 bios is not on that card. You have to flash it - so there is definitely some risk.
I also have the Sapphire reference 6950. It has the dual-bios switch but does NOT have the 6970 bios pre-installed. Again, you'd have to flash the bios to get it to a 6970 (and OC it a bit), again with risk that comes with doing so.
Best deal on cards I've found is the Sapphire Toxic 6950. Getting 2, flipping the bios switch, and putting them in cross-fire makes them an incredible deal compared to anything else out there that would deliver comparable performance.
A note regarding complaints about AMD drivers and cross-fire instability. Yes, out of the gate there were some problems. But, each driver update has improved things. I'm running the 11.10 preview version 3, with the latest application profiles, and have NO problems. Playing a lot of BF3 multi-player on ultra settings 1920 x 1080 resolution. Also, occasionally run an Eyefinity set up with 3 monitors (5760 x 1080 resolution) and no problems - though I'll turn game settings down to high.
An additional note: the two Toxics in cross-fire run cooler than the Dirt3 and reference card in cross-fire. Probably due to them venting the hot air OUT of the case. The Dirt3 has a great cooler but pretty much just blows the air around in the case - so if you have two cards going some of the hot air gets stuck in the case until the other fans get rid of it.