These Terms of Service set out the agreement between you and Creations DayByDay, LLC for use of this website and for the studio services described on it. The studio trades as Creations DayByDay, LLC at 363 E 200 N, Logan - 84321-4102, United States (US). The contact email is creations@daybydaycreations.hair and the contact phone number is +16576705494.
By placing an order, booking a date, attending an open page day or using the website, you accept these terms. If you do not accept them, please do not place an order. If you are ordering on behalf of a company or another person, you confirm that you are allowed to accept these terms for that party.
The website and its supporting code are maintained by DayByDay Creations. These terms are written in plain English so that the studio promise and the client promise are both easy to read.
1. Acceptance of these terms
These terms apply to every visit to this website and to every order placed with the studio. Acceptance happens when you submit an order, pay a deposit, approve a thumbnail or attend a studio event. You should read the terms before confirming an order, and you should keep a copy for your records.
Where an order confirmation email sets out specific details such as a date, a size, a frame profile or a print window, those details form part of the agreement. If the confirmation conflicts with these terms on a point of detail, the confirmation governs for that order. If any part of these terms is found to be unenforceable, the rest remains in force.
2. The studio and its services
Creations DayByDay, LLC is a daily sketch and journal page studio. The studio draws one dated page a day and offers six services: Daily Page Commissions, Printed Page Sets, Journal Kit Assembly, Sketch Framing Service, Studio Open Page Days and Gift Page Bundles. The website describes each service so that a client knows what is included before ordering.
The studio is a working art room rather than a mass production facility. Every page is drawn by hand, every printed set is trimmed by hand and every kit is checked by hand. Small differences in line, paper tone and wrap are part of the work and are not defects. The studio will always describe a meaningful difference before an order is confirmed.
3. Eligibility and account free use
You must be at least eighteen years old to place an order in your own name, or have the permission of a parent or guardian. A parent or guardian who orders on behalf of a child is responsible for the order and for any information supplied about the child. The studio does not create user accounts and does not require a password to browse the site or to send a message.
You agree to give accurate contact and delivery details. A parcel sent to an address you supplied in error may not be recoverable, and the studio cannot refund a parcel that was delivered to the address on the order. If an address changes after an order is placed, tell the studio as early as possible so the shipping label can be corrected before dispatch.
4. Orders and confirmations
An order begins with a message, a written brief or a conversation at the studio. The studio replies with the open dates, the price and what is included. An order becomes binding when the studio sends a written confirmation and you accept it by reply or by payment of a deposit.
A request is not an order, and a conversation is not a confirmation. The studio may decline an order for any lawful reason, including a date that is already taken, a subject that cannot be drawn within the one page rule, or a request that would require the studio to copy another artist in a way that would be unfair. If an order is declined after payment, any amount paid is returned in full.
5. Pricing and estimates
Prices are quoted in United States dollars and are stated in the confirmation email. A quotation remains open for fourteen days unless the confirmation states otherwise. Prices for a printed page set depend on the number of sheets and the finished size, and prices for framing depend on the frame profile and the glazing chosen.
Where a brief changes after the quotation, the studio may issue a revised price before the work continues. The studio will not charge more than the confirmed price without your written agreement. Taxes are added where the law requires them and are shown as a separate line on the invoice.
6. Payment and deposits
A deposit reserves a calendar date and is normally half of the confirmed price. The balance is due before dispatch or before collection. For printed page sets, journal kits and gift bundles ordered without a commission, payment is due in full at confirmation. For framing work added to an existing page, payment is due when the frame is approved.
Deposits are held against the reserved date and are not a separate fee. If you cancel within the period described in the cancellation section, the deposit is handled as that section explains. The studio issues a receipt for every payment. A payment that is reversed without agreement may lead to the date being released and the work pausing.
7. Scheduling and calendar dates
A date is claimed when the confirmation is accepted, not when the first message is sent. The calendar check grid used in the studio shows real work in progress. If two clients ask for the same date, the earlier accepted confirmation keeps the date and the other client is offered the next open slot.
Some dates carry a studio closure, a public holiday or a print window. The studio will say so before an order is confirmed. A date shown as open on a page of this website is an example of studio practice and is not a live booking system. Only the confirmation email confirms a date.
8. Client briefs and approvals
A commission is drawn from a written brief. You are responsible for the accuracy of the brief and for having the right to share any photograph you send. The studio will redraw the scene by hand rather than trace a photograph, so small details may be simplified to keep the page readable at its size.
The studio sends a pencil thumbnail for approval before ink is committed. You should review the thumbnail carefully, because the thumbnail fixes the composition, the framing and the main objects. Approval may be given by email. If you do not reply within seven days, the studio may send a reminder and, if the date is close, proceed on the approved thumbnail as drawn.
9. Revisions and redraws
One round of thumbnail changes is included in a commission. Further rounds are charged at the studio hourly rate, quoted before the work continues. Changes that affect only the tonal treatment or the ink weight are usually made at no extra cost because they do not alter the composition.
If the finished page does not match the approved thumbnail in a material way, the studio will redraw it at no charge. If the finished page matches the thumbnail and you have changed your mind about the subject, the studio may redraw for a fee, and the first page becomes part of the archive. The studio will always show the reason for a charge before asking for payment.
10. Production and delivery times
A daily page commission is normally finished within seven working days of the drawing date. Framing adds three to five working days. Printed page sets and journal kits are produced inside a print window and ship together, usually within three weeks of the window closing. Gift page bundles ship on the date you choose.
These periods are estimates and depend on the studio schedule, supplier stock and carrier service. The studio will tell you promptly if a period is at risk. A delay does not by itself entitle you to cancel, but where a delay is long and caused by the studio you may cancel the undelivered part and receive a refund of the amount paid for it.
11. Shipping, risk and claims
Parcels are packed to protect paper and glass. Original pages ship flat in a rigid mailer with the underdrawing behind. Framed pages ship in a purpose built box with corner protection. Risk passes to you when the carrier records delivery, but the studio will help with a claim where a parcel is damaged or lost in transit.
Please inspect a parcel on arrival and tell the studio within three working days of any damage, with photographs of the outer box and the contents. A claim made later is harder to support. Where a page is damaged beyond use, the studio will redraw it where the archive allows or refund the amount paid for the damaged item.
12. Framing and glazing
Framing is offered with a small stock of plain timber profiles and a hand cut mat. Glass is the default glazing and acrylic is offered where weight matters. Paper hinges are used so the page can be removed later without damage. The studio will state the external frame dimension on the confirmation so the client can plan a wall.
Wood is a natural material and a frame may show small differences in grain and tone. A framed page should not be hung in direct sunlight or above a heat source. The studio is not responsible for fading caused by display conditions after the frame leaves the studio.
13. Cancellation and rescheduling
You may cancel an order at any time by writing to creations@daybydaycreations.hair. If you cancel more than fourteen days before the drawing date, the deposit is returned in full less any supplier cost already committed on your instruction. If you cancel within fourteen days of the drawing date, the deposit is retained because the date can no longer be offered to another client.
You may reschedule once at no charge if you give at least seven days notice and an open date is available. A second reschedule, or a reschedule with short notice, may incur a fee. Printed page sets and journal kits may be cancelled before the print window opens. Gift page bundles may be cancelled up to seven days before the chosen ship date.
14. Returns and remedies
Because pages are drawn by hand and dated for a specific day, an original page cannot be returned for a change of mind once it has been approved and delivered. A printed page set may be returned within fourteen days of delivery if the sheets are unopened and undamaged. Journal kits may be returned within fourteen days if the box is unopened.
Where goods are faulty, not as confirmed, or damaged in transit, you may ask for a repair, a replacement or a refund. The studio will choose the remedy that is reasonable in the circumstances. A refund is returned to the original payment method within fourteen days of agreement. This section does not limit any right that consumer law gives you.
15. Studio open page days
An open page day is a scheduled studio afternoon for guests to draw one page at the long table. A booking is confirmed by email and is held for that guest only. Please arrive on time, wear clothes that can tolerate ink and follow the studio guidance on tools and drying space.
Pages drawn at an open page day belong to the guest. The studio may keep a photograph of the room for its own record but will not publish a photograph of a guest or a guest page without permission. A guest who must cancel should give at least forty eight hours notice so the place can be offered to another person. The studio may cancel a session for a safety reason and will refund the booking in full.
16. Intellectual property
The website text, layout, illustrations and code are owned by Creations DayByDay, LLC or used under permission. The studio name, the page mark and the phrase used in the studio tagline are protected marks. You may not copy the website for a competing service or reuse its text without written permission.
A daily page commission transfers ownership of the physical original page to the client once the order is paid in full. Copyright in the drawing remains with the studio unless the confirmation states otherwise in writing. The client may display the page, photograph it for personal use and give it away as a gift. Commercial reproduction, resale of prints made from the original or use of the drawing in advertising requires a separate written licence.
17. Client material and permissions
When you send a photograph, a description or another reference, you confirm that you have the right to share it and that the studio may use it to prepare the page. You keep ownership of your material. You give the studio permission to store the material for the life of the order and the archive entry as described in the privacy notice.
You must not ask the studio to copy a photograph taken by another artist in a way that would infringe that artist. You must not send material that is unlawful, that shows another person without their agreement where agreement is needed, or that would require the studio to make a misleading image. The studio may decline or pause work that raises this concern and will explain the reason.
18. Acceptable use of the website
You may read the website, link to it and print a page for your own reference. You may not attack the site, attempt to gain unauthorised access, scrape it at a rate that harms service, insert malicious code or use the contact form to send bulk unsolicited messages. You may not pretend to be another person when sending a message.
The studio may block access where a use threatens the site or another visitor. Blocking access does not affect an order already confirmed, and the studio will still answer by email or telephone. Any attempt to interfere with the site may be reported to the relevant provider or authority.
19. Disclaimers
The website is provided as a description of the studio and its services. The studio aims to keep the text accurate and current but does not promise that every page will be free of a typo or that a date shown as an example is available. The studio does not promise that the site will be uninterrupted or that it will work with every browser.
Nothing in these terms removes a warranty or right that the law does not allow the studio to exclude. Where a description on the website differs from the confirmation email for a specific order, the confirmation email governs that order. Any advice on the site about pencils, paper or habit is general and is not a professional opinion on another field.
20. Limitation of liability
To the extent the law allows, the studio is not liable for indirect or consequential loss, lost profit, lost opportunity or damage to reputation arising from an order or from use of the website. The studio is not liable for a delay caused by a carrier, a supplier or an event beyond its reasonable control.
Where liability cannot be excluded, the total liability for an order is limited to the amount paid for that order. Where liability cannot be limited either, the law applies without this clause. The studio does not limit liability for death or personal injury caused by negligence, for fraud or for any other liability that the law says may not be limited.
21. Indemnity
You agree to cover the studio for a loss, a claim or a cost that arises because you sent material you did not have the right to send, because you asked for a use that infringes the rights of another person, or because you broke these terms in a way that caused harm. The studio will tell you promptly about a claim and will allow you to take part in the response where that is reasonable.
This indemnity does not apply where the loss was caused by the studio, by its own staff or by a party acting for the studio. It is intended to cover a genuine third party claim, not to shift ordinary studio responsibility onto a client.
22. Events beyond control
The studio is not in breach of these terms where a delay or a failure is caused by an event beyond its reasonable control. Examples include a severe storm, a wildfire, a power failure, a carrier strike, a supplier failure, a change in law or a public health order that closes the studio.
Where such an event occurs, the studio will tell affected clients as soon as possible, will protect work in progress and will offer a new date or a refund for the undelivered part. The studio will resume work as soon as it can do so safely. This clause does not allow the studio to keep money for work it will never deliver.
23. Governing law and disputes
These terms are governed by the laws of the State of Utah, United States, without regard to conflict of law rules. A dispute should first be raised with the studio by email at creations@daybydaycreations.hair or by telephone at +16576705494 so that it can be answered directly. Most questions are resolved in one reply.
If a dispute cannot be resolved, the parties agree to attempt a good faith discussion before any formal step. Where a formal step is needed, the courts of the State of Utah have jurisdiction, unless the law where you live gives you the right to bring a claim locally. Nothing in this section prevents either party from seeking urgent relief to protect rights.
24. Changes to these terms
The studio may update these terms to reflect a change in services, a change in law or a lesson learned from a past order. A material change will be shown at the top of this page with a new date. The version that applies to an order is the version in force when the order was confirmed, unless you agree to a later version.
If a change is significant for an order in progress, the studio will send a short note before the change takes effect. Continuing to use the website after a change means the updated terms apply to later orders and to later visits.
25. Contact and notices
Notices to the studio should be sent by email to creations@daybydaycreations.hair or by post to Creations DayByDay, LLC, 363 E 200 N, Logan - 84321-4102, United States (US). The studio telephone number is +16576705494 and is answered during business hours. A notice is treated as received on the next working day after sending by email, or five working days after posting.
Notices to you will be sent to the email address or postal address on the most recent order. Please keep those details current. The studio will not treat a message as a notice of cancellation unless it is sent in writing and acknowledged by the studio.
Studio contact
Creations DayByDay, LLC
363 E 200 N, Logan - 84321-4102, United States (US)
Email: creations@daybydaycreations.hair
Phone: +16576705494
The website and its supporting code are maintained by DayByDay Creations.