Terms of Service
These terms explain how a booking works, what the studio promises and what it asks of the client. They apply to every sitting, every project engagement and every visit to the website.
These Terms of Service form a binding agreement between you and Becca Kearl LLC, a professional studio and systems design firm located at 2985 Bannock Dr, Provo - 84604-4242, United States (US). By visiting the studio website, by submitting a contact form, by booking a sitting or by engaging the firm for a project, you accept these terms and agree to be bound by them.
If you do not accept these terms, please do not use the website or book a service. If you are accepting on behalf of an organisation, you confirm that you have the authority to bind that organisation, and the words you and your refer to that organisation as well as to you personally.
These terms should be read together with the Privacy Policy, which explains how the studio handles personal information. The Privacy Policy is a separate document, and both documents apply to your relationship with the studio. Where a question is about information rather than obligations, the Privacy Policy governs.
For clarity, the following words have the meanings given below throughout these terms.
Becca Kearl LLC provides a curated set of studio services built around the appointment book. These include Appointment Slip Bays, Glaze Log Runs, Class Note Desks, Open Studio Windows, Kiln Review Rounds and Wheel Sittings, each of which is described in detail on the services page of the website. The firm also provides professional services in computer integrated systems design within the wider professional, scientific and technical services sector.
The scope of a service is fixed at the time of booking. If you ask for something outside the scope recorded on your appointment slip, the studio may agree to extend the scope, but any extension is confirmed in writing and may change the fee. The studio does not silently expand a booking, and it does not expect a client to accept work that was not discussed.
The studio may improve, rename or retire a service from time to time. Where a change would affect an existing booking, the studio will tell you before the booking takes place and will offer a reasonable alternative. No change removes a commitment the studio has already made to you in writing.
You must be at least the age of majority in your jurisdiction to book a service in your own name. A young person may attend a sitting with a parent or guardian, and the booking is recorded under the responsible adult. The studio may ask for identification where a service requires it, and it may decline a booking where the studio reasonably believes the arrangement would be unsafe or unlawful.
You are responsible for the accuracy of the details you give the studio. A wrong email address or telephone number can delay a confirmation or cause a reminder to go to the wrong person, and the studio cannot be responsible for a missed appointment caused by details that were not correct. Please tell the studio promptly if your contact details change so that the appointment book can be updated.
Where the studio gives you access to a member area or a shared document, you are responsible for keeping that access private and for telling the studio at once if you believe it has been compromised.
Every engagement begins with an enquiry. The studio records the enquiry on an appointment slip, assigns a bay, and confirms the booking in writing by email or by telephone. A booking is not confirmed until the studio sends that confirmation, and the details of the confirmation replace any earlier discussion.
The appointment slip is the controlling record of what was agreed. It names the service, the date and time, the bench or board assigned and any specific materials or milestones that were discussed. If you believe the slip is wrong, please tell the studio before the sitting so that it can be corrected. A slip that is corrected before the session prevents a dispute afterwards.
The studio may decline a booking at its discretion, for example where the requested time is already full, where the work would require equipment the studio does not have or where the studio believes the service is not suitable for the request. Where a booking is declined, any payment already made for it is returned in full.
The studio understands that plans change. If you need to reschedule, please contact the studio as early as you can so that the bench or the board can be offered to another client. A reschedule made at least forty eight hours before the sitting is accommodated without charge, subject to availability.
A cancellation made at least forty eight hours before a sitting is refunded in full, or the fee is carried forward to a later booking if you prefer. A cancellation made within forty eight hours of the sitting may be charged in part, because the studio will usually have prepared materials and held the bench for you. The studio applies this rule with judgement and will explain any charge in writing.
If the studio must cancel or reschedule a sitting, it will tell you as soon as possible and will offer a full refund or a priority booking at a later date. The studio will not charge you for a cancellation that it made itself, and it will do its best to cause you no inconvenience.
A client who does not arrive for a confirmed sitting without notice may be recorded as a no show. Repeated no shows may lead the studio to ask for a deposit before a future booking, and the studio will explain that change in writing before it takes effect.
The fee for a service is stated on the appointment slip or in the written proposal for a systems design engagement. Unless the slip says otherwise, fees are quoted in United States dollars and exclude any sales tax that the law requires the studio to collect.
Payment terms depend on the service. A short sitting is usually paid on booking or on the day of the sitting. A larger engagement may be paid in stages, with a deposit at the start and the balance at agreed milestones. The studio will set out the stages in writing before work begins so that there is no surprise later.
Where a payment is late, the studio may pause work until the account is settled and may charge interest at the rate permitted by law. The studio would rather agree a revised schedule than escalate a small debt, so clients who are struggling to pay are encouraged to speak to the studio early.
Except where these terms or the law provide otherwise, fees for completed services are not refundable. Where a service was not delivered as agreed, the studio will discuss a fair remedy, which may include a repeat session, a credit or a partial refund.
The studio is a working space with clay, water, tools and a kiln. Safety rules exist because clay dust and heat can cause real harm, and every client is expected to follow them. A member of staff will explain the rules before your first sitting, and a short summary is posted at the bench.
The studio may ask a client to leave if their conduct endangers others, damages equipment or disrupts the calm of the studio. Where a client is asked to leave for a breach of these rules, the fee for the sitting may be retained. The studio will always explain the reason and will allow the client to respond.
The studio carries insurance for its premises and its activities, but it cannot insure a client against every risk. Clients who work with clay do so with an awareness of the ordinary risks of a ceramics studio.
You keep ownership of the work you bring to the studio and of the pieces you make there. The studio does not claim ownership of your artwork, your drawings or your project documents. The studio does keep a record of the work, as explained in the next section, so that the appointment book stays complete.
You are responsible for ensuring that any material you bring is safe to use and that you have the right to use it. If you bring a glaze, a clay body or a document that belongs to someone else, you confirm that you have permission to use it in the studio. The studio may refuse material it believes is hazardous or that appears to infringe another person rights.
The studio stores unfinished pieces for a reasonable period while a project is in progress. Pieces that are not collected within the period stated at the bench may be reclaimed by the studio to free space, after the studio has attempted to contact you. The studio will give at least thirty days notice before reclaiming any piece.
If a piece is in the studio when you end your membership, please arrange collection promptly. The studio is not able to store work indefinitely, and it cannot accept liability for a piece left beyond the collection period.
Firing is the most sensitive part of ceramics. A kiln reaches very high temperatures, and pieces can crack, warp or change colour during a firing. The studio manages firings carefully and keeps a kiln review record, but it cannot guarantee that a piece will survive a firing or that a glaze will behave exactly as expected.
The studio reviews every load before the kiln door closes. Pieces are checked for thickness, for trapped air and for any feature that is likely to cause a failure. Where the studio believes a piece is at risk, it will tell you before the firing and may ask you to adjust the work. A piece that is fired despite a known risk is fired at the client risk.
If a piece is damaged by a fault in the studio equipment or in the studio process, the studio will discuss a fair remedy, which may include a replacement firing or a credit. The studio does not insure the commercial or sentimental value of a piece, and its responsibility for breakage is limited as set out in the liability section of these terms.
The appointment book and everything in it are the property of Becca Kearl LLC. This includes the format of the appointment slip, the structure of the glaze log, the class note archive and the kiln review record. The contents of your own record are available to you on request, as described in the Privacy Policy, but the system that holds them belongs to the studio.
The studio grants you a limited, personal and non transferable licence to use the closing note and any class note written for you, for your own studio practice. You may share a note with a teacher or a collaborator, but you may not sell it, publish it as your own or use it to train a competing system.
All text, images, layout and code on the studio website belong to the firm or are used with permission. You may view the site and print a page for personal reference, but you may not copy, modify or redistribute the site or any substantial part of it without written permission.
If you send the studio a suggestion, a photograph or a piece of feedback, you grant the studio permission to use it to improve the service. The studio will not publish your name or your work for marketing without your written consent.
Some clients engage the firm for computer integrated systems design rather than for a ceramics sitting. Those engagements are governed by a written proposal that sets out the scope, the milestones, the deliverables and the fee. Where the proposal and these terms conflict, the proposal governs the specific engagement, and these terms fill any gap.
The studio applies the same appointment book discipline to a systems project that it applies to a glaze log. Each phase begins with a written scope, each decision is recorded and each handover is documented. The client is expected to provide timely access to the people and the information the project needs, and delays caused by missing access may move the schedule.
Deliverables are accepted when the client confirms that they meet the agreed scope, or after a reasonable review period set out in the proposal. Where a deliverable does not meet the agreed scope, the studio will correct it at no extra charge. Changes to the scope after acceptance are handled as a new phase with its own proposal.
Unless the proposal says otherwise, the client owns the deliverables once the fee is paid in full, and the studio retains ownership of its pre existing tools, templates and methods. The studio may describe the engagement in general terms in its portfolio, but it will not disclose confidential client information without permission.
The studio performs its services with reasonable skill and care and in line with the standards of the profession. That is the central promise the studio makes, and it stands behind it.
Beyond that promise, the website and the services are provided as they are. The studio does not warrant that the website will be free from interruption or error, that a glaze will produce a particular colour or that a systems project will achieve a commercial result. Ceramics involves natural materials and a kiln, and software involves dependencies outside the studio control. The studio manages those risks with care but cannot remove them.
Nothing in these terms excludes a warranty or a right that the law does not allow to be excluded. Where a law gives you a right that cannot be waived, that right continues to apply even if a clause of these terms appears to say otherwise.
To the fullest extent permitted by law, Becca Kearl LLC is not liable for any indirect, incidental, special or consequential loss arising from the use of the website or the services. This includes loss of profit, loss of business opportunity and loss of goodwill, even where the studio was advised that such a loss was possible.
Where the studio is liable for a direct loss, its total liability for that loss is limited to the fee paid for the service that gave rise to the claim. Where a service is provided free of charge, the studio liability is limited to the sum of one hundred United States dollars.
The studio does not exclude liability for death or personal injury caused by its negligence, for fraud or for any other liability that the law does not permit to be excluded. Where a jurisdiction does not allow a limitation of liability, the limitation applies to the greatest extent that the law allows.
These limits are a fair allocation of risk for a studio of this size, and they are reflected in the fee. A client who needs a higher level of protection should discuss it with the studio before booking, so that a suitable arrangement can be put in place.
You agree to indemnify Becca Kearl LLC against any claim, loss or cost that arises from your breach of these terms, from your misuse of the studio or from a piece or document you bring that infringes the rights of another person. This obligation applies only to the extent that the claim is caused by your own act or omission.
The studio will tell you promptly if it becomes aware of a claim that may fall within this section, will give you a reasonable opportunity to respond and will cooperate with a reasonable defence. The studio will not settle a claim in a way that admits your fault without your agreement.
The studio handles personal information in accordance with its Privacy Policy, which forms part of your relationship with the firm. The policy explains what is collected, why it is collected and how long it is kept, and it describes the rights you have over your information.
By using the website or booking a service, you confirm that you have read the Privacy Policy and that the information you provide is accurate. If you have a question about privacy that these terms do not answer, please read the policy or write to appointments@beccakearl.lat.
The studio does not sell personal information and does not share it with advertisers. Where the studio shares information with a service provider, it does so only to the extent needed to deliver the service and only under an arrangement that protects the information.
The studio may suspend or end your access to the studio or to a member area where you breach these terms, where your conduct endangers others or where the law requires it. Where the studio suspends access, it will explain the reason in writing and will give you a chance to respond, unless an immediate suspension is needed to protect a person or the premises.
You may end your relationship with the studio at any time by telling the studio in writing. Ending the relationship does not cancel a fee that is already due, and it does not entitle you to a refund of a fee for a service that has already been performed.
Sections of these terms that by their nature should survive termination will continue to apply after the relationship ends. These include the sections on records and intellectual property, on liability, on indemnity and on governing law.
The studio is not responsible for a delay or a failure to perform that is caused by an event beyond its reasonable control. Examples include a natural disaster, a fire, a flood, an extended power failure, an epidemic, a strike, a failure of a public network or a change in the law that prevents the service from continuing.
Where such an event affects a booking, the studio will tell you as soon as it can and will offer a rescheduled sitting or a refund. Where the event affects a systems project, the studio will agree a revised schedule with you once the event has passed. The studio will make reasonable efforts to reduce the effect of the event on its clients.
These terms are governed by the laws of the State of Utah, United States, without regard to its conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Utah County, Utah, for any dispute that cannot be resolved informally.
Before starting a formal claim, the parties agree to try to resolve the matter in good faith. A written notice should set out the facts, the remedy sought and the evidence relied on. The studio will reply within a reasonable period, and the parties will meet, in person or by telephone, to look for a resolution.
If a resolution cannot be reached, either party may bring a claim in the courts named above. Nothing in this section prevents a party from seeking urgent relief from a court where it is necessary to prevent harm.
The studio may change these terms from time to time to reflect a new service, a change in the law or a clarification that makes the agreement fairer. When a change is material, the studio will post the updated terms on the website and note the new version at the top of the page.
A change applies to bookings made after the change takes effect. A booking already confirmed is governed by the terms that applied when it was confirmed, unless the client agrees to the new version. The studio will not apply a change retroactively in a way that reduces a right you already have.
If you do not agree to a change, you may end your relationship with the studio in accordance with the termination section. Continuing to use the studio after a change takes effect confirms that you accept the updated terms.
These terms, together with the Privacy Policy and the written appointment slip or proposal for a service, form the entire agreement between you and the studio. They replace any earlier discussion or representation on the same subject.
If a provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force. The invalid provision is read down to the extent needed to make it enforceable, or, if that is not possible, it is treated as removed.
A failure by the studio to enforce a provision is not a waiver of that provision. A waiver is effective only if it is given in writing by an authorised representative of the firm.
You may not assign your rights under these terms without the written consent of the studio. The studio may assign its rights to a successor as part of a sale or reorganisation of the business, provided the successor agrees to honour these terms.
A notice to the studio should be sent by email to appointments@beccakearl.lat or by post to 2985 Bannock Dr, Provo - 84604-4242, United States (US). A notice is treated as received on the next working day after it is sent by email, or on the third working day after it is posted.
These terms are written in English. If a translation is provided for convenience, the English version prevails where there is any difference in meaning.
If you have a question about these terms, a concern about a booking or a request about your information, please contact the studio. The studio prefers a direct conversation, and it will respond promptly to a clear question.
Becca Kearl LLC
2985 Bannock Dr, Provo - 84604-4242, United States (US)
Email: appointments@beccakearl.lat
Telephone: +16628139879
The studio is open on weekdays during standard studio hours, with Saturday mornings available by booking. Messages left outside those hours are answered on the next working day. Thank you for taking the time to read these terms, and for treating the studio appointment book with the same care that the studio brings to your booking.