While you desire to improve the way you see, it is critical that safety is your first priority.
Please read the below guidelines carefully before using any Overbound Products.
By engaging in any way with the Clarity Eyesight Trainer, Performance Eyesight Trainer, other Overbound products and/or any Overbound Training Program, you confirm that you have read and understood, and that you agree to the following SAFETY GUIDELINES, WAIVER AND RELEASE OF LIABILITY terms.
Safety Guidelines, Waiver and Release of Liability
Effective December 15, 2021
DEFINITION OF TERMS:
“Overbound” refers to the brand under which Overbound LLC sells its products.
Overbound LLC (also referred to as the “Company”) is a limited liability company operating under a license from the state of Ohio, USA
“Eyesight Trainer” or the “Product” refers to specialized visual skills training device as sold by Overbound LLC under the name Overbound Clarity Eyesight Trainer or Overbound Performance Eyesight Trainer.
“Training Program” or “Training Programs” refers to the set of practices and information provided by Overbound LLC via the Websites or in any other digital or physical form. This includes but is not limited to classes, courses, workshops, guides, etc.
“Practice” refers to performance of techniques shown through the Training Program, and/or any other engagement the techniques described in the Training Program
“Practice Area” is a place or places where you decide to use the Eyesight Trainer
“You”,“you” or “your” refers to the person using or otherwise engaging with the Eyesight Trainer
“Website” or “Websites” refers to overboundeyesight.com and overboundathletics.com or any 3rd party website where information about the Eyesight Trainer or the Program can be found.
GENERAL INTENT:
You have purchased or otherwise obtained an Overbound Eyesight Trainer, a visual skills development tool that provides selective vision obstruction for the purpose of training your eyes to act in a desired way. The Eyesight Trainer contains fully opaque shields that block central vision and various other parts of vision and prevent you from seeing in a usual manner while using the product. Do not use this Product while performing regular daily activities such as driving, walking, etc. Only use this Product for eyesight development and improvement Practice as recommended through Overbound Training Programs. By using the Product in any way, you confirm that you have read, understood and agreed to abide by these safety guidelines.
PRACTICE AREA:
By the nature of this device, a portion or the majority of your vision field is blocked. Review your Practice Area before you start to prevent tripping, falling, or other injury. Practice on a flat surface. Be especially cautious of uneven lawns or sidewalks, holes. Choose a Practice Area that is free of traffic and people. Never practice on the road or close to a road, as the Product may disorient you.
PRACTICE TECHNIQUES:
Use the Eyesight Trainer only for the purpose of developing or improving your vision in a way shown in the programs available through the Websites. Never perform usual daily activities while using the Product. Never drive a car or any other vehicle, do not use a bicycle, do not use a lawn mower, or any other device that requires your full visual ability. If in doubt, please contact the Company for guidance and wait for a response to your specific question before using the Eyesight Trainer. For the purpose of these Safety Guidelines, an auto-generated response is not considered to be a response from the Company.
PHYSICAL DIFFICULTIES:
If any of the practices causes you any physical difficulty, stop the practice immediately. In case of dizziness, sit down immediately, remove the Eyesight Trainer and only continue once your physical state normalizes and you feel comfortable. If needed, please seek medical help.
JUDGMENT OF PERSONAL ABILITY:
Know that Practice in accordance with these Safety Guidelines will limit the possibility of injury. However, the Company cannot guarantee that injury will not happen to you and it is up to you to judge your physical abilities and adjust the practice accordingly or choose not to perform a practice.
RELEASE OF LIABILITY:
By using Overbound Eyesight Trainer and engaging in the Practice, you also agree with the terms of the following “Waver and Release of Liability”. Your usage of Overbound Eyesight Trainer or further Practice stands in lieu of your signature.
Waver and Release of Liability
“In consideration of the risk of injury that exists in the Practice of the Overboud Training Program or other use of Overbound Eyesight Trainer (hereinafter the “Activity”); and
In consideration of my desire to participate in the Activity and being given the right to participate in the same;
I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor”, “I” or “me”, which terms shall also include Releasor’s parent(s) or guardian(s) if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I hereby release and forever discharge OVERBOUND LLC, a limited liability company operating under a license from the state of Ohio, USA, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively “Releasees”), from liability for any physical or physiological injury that I may suffer as a result of my participation in the aforementioned Activity.
I am voluntarily participating in the aforementioned activity and I am participating in the activity entirely at my own risk. I am aware of the risks associated with participating in this activity, which may include but are not limited to : physical or psychological injury, pain, suffering, illness, blindness, disfigurement, temporary or permanent disability (including paralysis), economic and emotional loss, and deaths. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions at the Activity location or Practice Area, from conditions and behavior of the equipment used to perform the activity. Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this activity.
I further agree to indemnify, defend and hold harmless the releasees against any and all claims, suits and actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.
I hereby acknowledge that I have carefully read this waiver and release and fully understand that it is a release of liability. I expressly agree to release and discharge Overbound LLC and all of its Releasees, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against OVERBOUND LLC for personal injury or property damage.
To the extent that statute or case law does not prohibit Releases for ordinary negligence, this release is also for such negligence on the part of OVERBOUND LLC, its agents, and employees.
I agree that this release shall be governed for all purposes by the law of the state of Ohio.
This waiver and release of liability shall remain in effect for as long as I use or otherwise engage with Overbound Eyesight Trainer.
This agreement was entered into at arm's length without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both I, and OVERBOUND LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Waiver and Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. if a court should find any provision of this agreement to be invalid or unenforceable, but that by limiting set provision it would become valid and enforceable, then set provision shall be deemed to be written, construed and enforced as so limited.”
UPDATES TO THESE SAFETY GUIDELINES:
We’ll update these Safety Guidelines from time to time to reflect changes in the Product or Training Program, technology, law, our business operations or any other reason we determine is necessary or appropriate. When we make changes, we’ll update the “Effective Date” at the top of the Privacy Policy and post it on our sites.
We encourage you to check back periodically to review these Safety Guidelines for any changes since your last visit.
Your continued use of the Eyesight Trainer or any Training Program and/or services available through the Websites after such modifications will constitute your: (a) acknowledgment of the modified Safety Guidelines; and (b) agreement to conform to these guidelines.
CONTACT INFORMATION:
If you have questions, please email us at connect@overboundathletics.com.
We encourage you to print or save a copy of these Safety Guidelines, Waiver and Release of Liability for your records.