Terms and Conditions for Participants/clients on any Japan Photography Workshop-Tour by Blain Harasymiw Photography or Japan Dreamscapes (JDS)
SERVICES
BLAIN HARASYMIW PHOTOGRAPHY is owned and operated by Blain Harasymiw who is in accordance with Japan's Legal Business Civil Code, and is a sole proprietorship 個人事業 (kojin jigyo). Blain Harasymiw is not a travel agency company. Blain Harasymiw is a professional Educator Instructor in the field of the photography. Blain Harasymiw and his support group team which he contracts out are in accordance with Japanese law to receive payment/compensation from participants who join a Blain Harasymiw photography workshop tour ahead of the workshop tour start date. blaininjapan.com is in accordance with the Japanese Ministry of Education and Japan’s Civil Code Law. Blain Harasymiw is a pro photography workshop tour instructor/teacher, who instructs participants on proper camera use, such as compositions, white balance, zone system, birding and other wildlife photography, plus he introduces ancient and modern Japanese architecture, Shinto and Buddhist shrines and temples, foods, as well as various other photography categories throughout Japan. Blain Harasymiw Photography itineraries are crafted to introduce off the beaten path locations over 90% of the time, and Blain will avoid to visit heavy traffic tourist areas with participants whenever possible. Blain Harasymiw and support team, at Blain Harasymiw Photography, contract out to each other for roles in the photography workshop tours that Blain Harasymiw leads. Such positions include individuals who are pro bus and taxi drivers, who transport participants from location to location throughout Japan. Blain Harasymiw also coordinates with various tour companies to book lodgings, boats, domestic flights and any other services requested by participants in accordance with the Japanese Civil Code. Blain Harasymiw or his group support team that are contracted out to each other, do not offer tour guide-interpreter services and are not directly affiliated in whole with the JTA commissioner of each prefectural government offices across Japan. So, Article 40 plus Articles 2, 3, 18 and 36 of the Guide-Interpreter business law does not apply to Blain Harasymiw photography or his support group team that Blain Harasymiw contracts with. Blain Harasymiw and his support group team are in accordance with the regulations put forth by the Japan Ministry of Education and business civil code.
DEPOSIT & PAYMENT
A deposit of USD $1000 per person is required when reserving your spot on a Blain Harasymiw photography workshop tour. The deposit is non-refundable, so please be sure of your travel plans and dates before you reserve your spot. The full balance amount per person in USD dollars is due 150 days before the departure date. If you fail to pay your final and full invoice payment 149 days or less before the Blain Harasymiw photography workshops tour start date that you signed up for, you forfeit your deposit, and your spot on the Blain Harasymiw photography workshop tour you signed up for. If you want to sign up for a Blain Harasymiw Japan Photography workshop within 150 days of departure, then the full amount will be due when signing up.
TRIP CANCELLATION
Any photography workshop led by Blain Harasymiw requires a deposit for the lodgings, transportation companies, and services, tour companies, chartered tour boats; domestic airlines in Japan require full payment upon reserving on the participants’ behalf, but if any mishap occurs on any of the above mentioned, Blain Harasymiw Photography, Blain Harasymiw, or group support team members cannot be held accountable. Please keep in mind your deposit is used to secure the services mentioned above, and in most cases, the services mentioned above are non-refundable, so Blain Harasymiw and group support team members strongly recommend that you have travel cancellation insurance as Blain Harasymiw Photography and support group team members cannot be held liable for any calamity. Therefore, if you sign up for a Blain Harasymiw photography workshop and cancel for any reason, you will receive an amount of money back (refer to refund timing).
REFUND TIMING
If you cancel 150 days before any workshop departure date, you will receive an 80% refund. Minus Electronic Fund Transfer fees, plus exchange rate will be calculated on the date of your cancellation.
If you cancel 90 days before any workshop departure date, you will receive a 60% refund. Minus Electronic Fund Transfer fees, plus exchange rate will be calculated on the date of your cancellation.
If you cancel 60 days or less before any workshop departure date, you will not receive a refund unless we can resell your spot. And if we can re-sell your spot, you will be notified, and you can expect a 60 to 80% refund.
If Blain Harasymiw Photography has to postpone a scheduled photography workshop due to natural disaster, pandemic, or the Japanese government has closed its international borders and Blain Harasymiw Photography is unable to meet its schedule, then the participant’s spot will be saved for the following year’s annual photography workshop. Usually, there will be zero charge to the participant to change their spot for the following year’s photography workshop, but if for any reason Blain Harasymiw Photography cannot recoup all reservation fees, Blain Harasymiw Photography has the right to invoice participants for the added expenses for the following year’s photo workshop, and the amount will be due 150 days prior to the start date of the photography workshop. If the participant fails to complete payment prior to the 150 day threshold, then Blain Harasymiw Photography has the right to cancel the participant’s scheduled photography workshop, and no refund may be offered unless the participant’s spot can be resold. Also, if a participant is refused entrance into Japan for any reason, or a participant is detained at immigration/border control at any port of entry into Japan for any reason, or a participant contacts Blain Harasymiw 24 - 72 hours prior to the photo workshop meet and greet time and date due to a delay or a missed flight, Blain Harasymiw Photography will treat this matter as the participant having canceled their photography workshop, and they will receive no refund, but if a participant can get into Japan and contacts Blain Harasymiw after the photography workshop meet and greet specified time and date, then Blain Harasymiw will supply the photography workshop’s current whereabouts, but the cost associated with meeting Blain Harasymiw and the photo workshop group will be borne exclusively by the participant or participants.
LOGISTICS
Itineraries are created to take advantage of the best of the beaten path photographic opportunities. Participants will allow for changes in all itineraries due to change in weather, traffic, sudden price increases, or any other unforeseen event that may occur.
RESPONSIBILITY
The passenger in regard to travel including, but not limited to, spotting wildlife, photographing, meals, lodging, transportation, and all other services whether by motor car, SUV, van, motor coach, boat, ship, aircraft and Blain Harasymiw and his support group team members at blaininjapan.com & JDS Japan Dreamscapes assume no liability for injury, damage, loss, accident, delay or irregularity which may be occasioned either by reason of a defect in any vehicle or for any reason whatsoever or through the acts of default of any company or persons engaged in conveying the person on the photography workshop or in carrying out the arrangements of the participants photography workshop. Blain Harasymiw and his contracted support group team members can accept no responsibility for losses or additional expenses due to delays or changes in air or other services, sickness, weather, natural disaster, or any other causes, such as viruses, pandemics, and hospitalization or facilities required due to injury or contracted illnesses. All such losses or expenses will have to be borne by the client or clients, as photography workshop fees provide for photography workshop arrangements only for the times & locations during the client's arranged photo workshop duration. Baggage is at the owner’s risk entirely, and itineraries are changeable without notice by Blain Harasymiw and his contracted support group team members. Blain Harasymiw or any of the Blain Harasymiw or group team members can terminate a client's workshops or workshops dates if the client's behavior is considered disruptive in any capacity, and there will be zero refund.
TRAVEL INSURANCE
All photography workshop tour participants will 100% be required to have full health insurance, including medical coverage for COVID 19 treatments and hospitalization, in accordance with the Japanese government regulation. Japan is courteous when it comes to medical emergencies; health comes 1st payment last.
MEDICAL CONDITIONS
Please let us know via email (rgb@blaininjapan.com) before your Blain Harasymiw Photography workshop start date about any medical conditions you may have, or your co-travelers in your group may have. That list should include any past or current medical conditions that could be problematic to your health, including medication(s) you are taking. In the event of a medical emergency and you require emergency medical care, it would helpful for us to know ahead of time to be able to give a copy of your documented medical condition(s) and medication(s) to emergency service workers such as ambulance drivers/paramedics or the practicing physician at the medical facility regarding allergies to medications and other potential allergens. Also, if you have food allergies, please let us know when booking your photo workshop so that arrangements can be made for your dietary restrictions. Also, if you do take medications, please carry them with you AT ALL TIMES in your camera bag or in another bag which may remain in the vehicle. DO NOT leave them in your hotel room. In my 30 years of leading expeditions, only twice, participants were unable to return to the reserved lodgings which held their medications. Once due to a blizzard, and the second was a washed out road in Africa. On both occasions, back up accommodations were made available, but participants only then made the necessity for their medication clear to me. On both occasions, participants said they would be okay for one night without their medication as their conditions were not life threatening, but I was prepared to contact emergency services. Blain Harasymiw understands the need to preserve participant’s privacy, but safety is paramount, so, again, carry your medication with you AT ALL TIMES.
Covid-19 update from the intro through 10)
Each country has procedures in place for combating the spread of Covid-19. Blain Harasymiw Photography and group team support members are based in Japan and have formulated specific procedures for combating the spread of Covid-19. We are dutifully following outlines provided by the World Health Organization (WHO), which include the following but are not limited to:
1) At the meet and greet location designated for your Blain Harasymiw Japan photography workshop, if a participant is showing any symptoms of Covid-19, Blain Harasymiw or a support group team member, will most likely take your temperature, and may do so multiple times a day throughout the entire Blain Harasymiw photography workshop. And at any time, Blain Harasymiw may administer a rapid Covid 19 test from the starting date of the photography workshop until the end date. And if any participant has a fever or is showing symptoms of Covid 19, they may be administered multiple rapid PCR tests or be taken to a facility/clinic/hospital for a rapid PCR test. If a participant is found to have contracted the virus, then the entire group is potentially at risk, so every other member of the Blain Harasymiw Photography workshop will have to be tested and then, possibly self-isolate for the required amount of days outlined by the WHO guidelines. The Blain Harasymiw Photography workshop may be immediately canceled if Blain Harasymiw or any of his support group team members contract the virus, as continuing the photography workshop could be detrimental to everyone’s safety. And if that happens, that means that the workshop will be treated as if it the last day, terminating our contract, ending Blain Harasymiw’s responsibility with regards to your safety and well-being. The likelihood of this occurring is highly unlikely, but Blain Harasymiw photography needs to be prepared for any possible contingency. However, Blain Harasymiw or his support group team members will not simply abandon you. Blain Harasymiw or a support group team member will call the Covid 19 hotline and receive instructions for the approved course of action based on the present situation. Blain Harasymiw will follow those directions to the letter. And if participants are put into isolation, those costs including transportation will not be borne by Blain Harasymiw or Blain Harasymiw photography in any way. Those costs will strictly be borne by the participants, so please follow Blain Harasymiw photography guidelines for Covid-19 safety that are on par with the WHO and Medicins San Frontieres (MSF) guidelines. Let’s all stay COVID SAFE! If you refuse to take a rapid COVID 19 test, have your temperature taken, wear a Blain Harasymiw approved medical mask or one that has received his approval, or refuse to follow any of the guidelines laid out in the Blain Harasymiw Photography workshop Terms & Conditions, you may forfeit your seat and right to participate in the Blain Harasymiw photography workshop at Blain Harasymiw’s disrection. You will not receive any refund which follows with the Blain Harasymiw Photography guidelines written above in the section demarcated ‘REFUND TIMING’, as your failure to take a rapid PCR test, have your temperature taken, wear a Blain Harasymiw approved mask or one that has received his approval, or follow any of the guidelines outlined in the Blain Harasymiw photography workshop will be treated as if you had canceled the workshop with 0 days remaining before the Blain Harasymiw photography workshop time and date. Also, if Japan is in a state of Emergency or so-called quasi-state of Emergency, Blain Harasymiw Photography will have to postpone your photography workshops until the next season; you can choose another photography workshop at a later date. If you demand a refund, and it’s your right, Blain Harasymiw understands, but you have to understand that the health and the wellbeing of humanity in total comes first for Blain Harasymiw. But if you wish for a refund, see refund timing.
2) Upon meeting each participant, Blain Harasymiw or a support group team member will provide you with your Blain Harasymiw Photography Personal Protective Equipment (hereafter referred to as PPE) Covid-19 precautionary kit, and you must follow Blain Harasymiw’s instructions to the letter, or Blain Harasymiw and group support team have the right to terminate your photography workshop at any time, for not following Covid-19 safety procedures, but the final decision is borne by Blain Harasymiw and will be discussed with the individual or individuals in question.
3) Face coverings provided by Blain Harasymiw for his team members and participants are 3M DS2 N95 equivalent masks. 3M DS2 N95 masks are the preferred medical masks by health professionals worldwide and are preferred by Blain Harasymiw Photography, and all team members and participants must wear N95 masks when Blain Harasymiw and support team deem them necessary. Woven or cloth masks are unacceptable and will not be allowed on any Blain Harasymiw photography workshops by clients, workshop leaders, or support groups, but if you bring your masks and they receive Blain Harasymiw’s approval, they can be substituted for the 3M DS2 N95 masks.
4) (Update for 2023 workshop season and beyond) During the worst of Covid-19, mealtimes were more of a singular sort of experience, but now that social distancing is becoming a thing of the past, mealtimes are returning to normal. Blain Harasymiw and his support group team members will do everything in their power for all participants to enjoy a safe dining experience.
5) Masks in vehicles are mandatory; each participant will have their private window seat with the availability of fresh air through their vehicle's window; there may be the rare occasion when a group support team member may sit in the middle seat between clients in an SUV, but this is unlikely to occur. Also, upon arrival, all participants will be given personal PPE kits and will be required to use them as instructed by Blain Harasymiw or a supporting photography workshop team group member.
6) Regarding PPEs, it is common that participants nap while traveling in SUVs or luxury vans, but all participants will be required to wear their 3M DS2 N95 mask or their pre-approved Blain Harasymiw masks at all times, even when napping; again, this is why we provide masks with fresh air vents due to their design for close to normal breathing.
7) The number of people on any Blain Harasymiw Photography workshop has been reduced from a maximum of 12 to eight people; in most cases, Blain Harasymiw is limiting the number for his photo workshops to six participants to address the need for tighter safety requirements since the Covid-19 pandemic.
8) If anyone is found knowingly or unknowingly in violation of any of the Terms & Conditions for any Blain Harasymiw Photography workshop in Japan, it is at the discretion of Blain Harasymiw or a support group team member who has discovered the violation to either: 1) warn the participant, or 2) remove the participant from the photography workshop. The response from Blain Harasymiw or the support group team member will entirely depend on the degree of the infraction, but in this case, Blain Harasymiw must be involved in any decision-making. Once found in an unforgivable violation, the participant is no longer entitled to continue on the photography workshop, but the individual or individuals will not be left on the side of the road or at lodgings; rather, the individual or individuals will be dropped off at a transportation hub and pay at their own expense their travel back to Haneda Airport or wherever their next destination may be; Haneda Airport is generally the starting and finishing location of any Blain Harasymiw Photography workshop according to the contracted itinerary which each participant signs and agrees to as part of joining any Blain Harasymiw Photography workshop. Also, if found in violation and asked to leave the photography workshop, you will not be granted a refund. The participant may seek a legal avenue, which is the right of each participant, but by signing these terms and conditions, you fully agree to them and agree to receiving no refund; also, this section takes precedence with refund timing as Blain Harasymiw Photography has stated above.
9) Day drinking is frowned upon, but if you must have your lunchtime libation, you will not be singled out, but please remember rowdy behavior will not be tolerated. And in the event you are found to exhibit ill behavior, in that case, it is at Blain Harasymiw's or any member of his support group team member’s discretion to quickly douse the fires on the situation in order not to have to call the police, and you may be removed from the workshop; this has never happened in Blain Harasymiw's years leading photography workshops in Japan, nor does he expect this ever to happen. But with Covid-19, there have been infractions of rowdy behavior on airlines worldwide, and please note Blain Harasymiw will not tolerate ill or disorderly behavior, and safety is paramount. Suppose you are found in violation of endangering participants. In that case, you will be left to your own devices to return to your home destination, and you may be asked to change vehicles, or if out of control, again, we may drop you at a local police station or ask you to use a taxi. And you will forfeit all fees you paid to Blain Harasymiw Photography. At that point, Blain Harasymiw is no longer responsible for your transportation to Haneda Airport or to your next destination. Your workshop is officially terminated.
10) Border closures are beyond the capabilities of Blain Harasymiw and his support group team members to control or foresee. In the event of unanticipated border closure, Blain Harasymiw will do everything in his ability to recover participants' workshop fees. However, there is no guarantee that you will receive any refund from Blain Harasymiw Photography; please see the refund timing for photography workshops above. Also, if you are already in Japan and borders to your next destination or home country close to Japan or visa-versa, Blain Harasymiw Photography, Blain Harasymiw, and the support group team will do everything in their ability to support you; however, we will not be held liable for fees or bear any responsibility for your lodgings or be responsible for any of the cost to return you to your home and/or home nation. Safety at Blain Harasymiw Photography is paramount for your wellbeing. These Terms and conditions are subject to change without notice, from time to time, in our sole discretion.
CORPORATE PHOTOGRAPHY ESPIONAGE CLAUSE
If anyone joining a Blain Harasymiw photography workshop is found to be a photography workshop instructor such as Blain Harasymiw, or employed in a by another photography workshop commercial photography company, including a photography workshop or tour company, corporation, technical school, etc. in any way, shape, or form, all photos taken, video, or any visual/audio recording taken during the duration of the Blain Harasymiw photography workshop may only be used for commercial purposes, including gallery sales, advertisements, etc., with the written consent of Blain Harasymiw. Also, if you are found to be probing locations and recording them covertly, and if you or anyone associated with you, conduct a similar itinerary at any time after having recorded the locations from a Blain Harasymiw photography workshop, you must forfeit 50% of the total profit to Blain Harasymiw for borrowing his proprietary photography workshop locations and routes, that took him years to scout; you are not in any way, shape, or form to use Blain Harasymiw’s itineraries and any locations without expressed written consent. So remember, if you are from a different company running a similar business to Blain Harasymiw, you have agreed to pay him 50% of your gross earnings if you are found in violation. Furthermore, if you are found to be from a competing photography workshop company, tour company, or you plan to begin your own photography workshop company/organization in the future, or from any other company that could potentially benefit from Blain Harasymiw’s proprietary knowledge at any time during your Blain Harasymiw Photography workshop, you will be removed from the photography workshop immediately. You will not be left at the roadside to fend for yourself, but at the earliest convenience, you will be removed from the Blain Harasymiw photography workshop at a nearby police station or any transportation hub. And you and/or your company or organization you represent agree to forfeit 100% of the workshop fee. Furthermore, you and/or the company/organization you represent, must compensate Blain Harasymiw USD $20,000 for attempted theft of Blain Harasymiw’s proprietary routes, locations, knowledge, and time invested in the workshop. You will not receive a refund, and Blain Harasymiw will not be held responsible for your return fee to the designated drop-off point; you forfeit that right.
By signing up for a Blain Harasymiw photography workshop tour, each participant has agreed to Terms & Conditions, you acknowledge that you have fully read the contents of this Agreement, and that you have full, complete and total comprehension of the provisions hereof and are in full agreement with each and every one of the terms, conditions and provisions of this Agreement.
Blain Harasymiw may, at any time, and at his sole discretion, modify these Terms and Conditions, with or without notice to his photography workshop participants. Any such modification will be effective immediately upon public posting, and your continued use of the blaininjapan.com website constitutes your acceptance of the modified or updated Terms and Conditions.