Recording & Image Use Policy
By enrolling in or participating in any class, program, event, or activity offered by Elements of Life Institute, you agree to this Policy in full. Enrollment and participation constitute your consent to be recorded and for those recordings and images to be used as described herein. There is no opt-out from recording.
If you are unwilling to be recorded and to have your image used as described in this Policy, you may not participate in Institute Programs.
Minors: Written consent of a parent or legal guardian is required before any minor under the age of 18 may participate. Please contact us at [email protected] to obtain the Minor Participant Consent Form prior to enrollment.
This Policy governs the recording, photography, and use of images and recordings made in connection with all classes, workshops, seminars, events, and programs ("Programs") offered by Elements of Life Institute ("the Institute"), a nonprofit religious organization. It applies to all participants, students, guests, volunteers, and staff.
This Policy covers all forms of capture including:
- Video recordings (live and archived)
- Audio recordings
- Photographs and screenshots
- Live streaming of classes or events
By enrolling in or participating in any Institute Program, each participant unconditionally grants the Institute a royalty-free, perpetual, irrevocable, worldwide license to record, photograph, and use their image, voice, and likeness captured during Institute Programs.
This consent is a non-negotiable condition of participation. There is no mechanism to opt out of recording. The Institute records all Programs for instructional, archival, operational, and educational and ministry purposes. If a participant is unwilling to be recorded and to have their image used as described in this Policy, they may not participate.
What Participants Are Consenting To
By participating, each participant consents to the Institute:
- Recording their image, voice, and likeness via video, audio, photography, and live streaming
- Retaining recordings for internal archives, instructor review, and Program development
- Using recordings and images in marketing and promotional materials (print, digital, and broadcast)
- Publishing recordings and images on the Institute's social media channels, website, and newsletters
- Incorporating recordings and images into online courses and educational products that may be distributed, licensed, or offered for sale
- Using recordings derived from live class sessions in evergreen or on-demand programs offered for sale
- Editing, cropping, adapting, or combining recordings and images with other content
What the Institute Will Never Do
The Institute will not:
- Sell your image or likeness to unaffiliated third parties for their independent commercial use
- Use your image in a defamatory, obscene, or unlawful manner
- Publish recordings or images in a context unrelated to the Institute's religious, educational, or organizational mission
All provisions of this Policy apply to minors with the following additional requirements:
- No minor may be recorded, photographed, or live-streamed without prior written consent from their parent or legal guardian.
- A Minor Participant Consent Form must be signed before a minor's first participation in any Program. Contact [email protected] to obtain the form.
- Parents or guardians may withdraw consent for future recordings at any time by notifying the Institute in writing. Previously made recordings will not be retroactively removed unless required by law.
- The Institute will not publish the full name, home address, school, or other personally identifying information of any minor alongside their image.
- Minor consent forms will be stored securely and separately from general participant records.
All recordings, photographs, screenshots, and live streams created by or on behalf of the Institute during Institute Programs are and shall remain the sole and exclusive property of Elements of Life Institute. This includes:
- All copyright and intellectual property rights in such recordings and images
- The right to use, license, distribute, reproduce, modify, and display such content for any purpose consistent with this Policy
- Any derivative works created from such content
Participants do not retain any ownership, copyright, or licensing rights in recordings or images taken by the Institute, regardless of their appearance in such content.
Participants may not record, photograph, or live-stream other participants, instructors, or Institute staff without the express written consent of those individuals. This applies to personal mobile devices, cameras, or any other recording equipment during any Program.
Unauthorized recording of others may result in immediate removal from the Program without refund.
The Institute may use recordings and images for any of the following purposes without further notice or compensation to participants:
- Internal archives and instructor training
- Program development and quality review
- Replay access for enrolled participants
- Marketing and promotional materials (print, digital, and broadcast)
- Social media posts, stories, and advertisements on platforms including but not limited to Instagram, Facebook, YouTube, and TikTok
- The Institute's public website and email communications
- Online courses and educational programs โ including evergreen and on-demand offerings โ made available for sale in support of the Institute's mission
- Press releases and media coverage related to the Institute's mission
The Institute will not use recordings or images in any manner inconsistent with its religious and educational mission, or in a way that would embarrass or demean any participant.
Recordings and images will be retained in accordance with the Institute's general record retention schedule. The Institute will implement reasonable technical and administrative safeguards to protect recordings and images from unauthorized access, use, or disclosure.
Participants may request information about how their likeness has been used by contacting [email protected].
Participants acknowledge and agree that they are not entitled to any compensation, royalty, or other remuneration for the use of their image, voice, or likeness by the Institute as authorized by this Policy.
The Institute reserves the right to update or modify this Policy at any time. Participants will be notified of material changes via email or written notice at least 14 days prior to the effective date of the change. Continued participation after the effective date constitutes acceptance of the revised Policy.
This Policy shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law provisions. The following Idaho statutes are particularly relevant:
- Idaho Code ยง 18-6702 โ Idaho is a one-party consent state. Because the Institute is a party to its own class recordings, it may lawfully record audio and video provided this Policy is accepted prior to participation, which Kajabi checkout enrollment satisfies.
- Idaho Code ยง 18-6609 โ Idaho's video voyeurism statute prohibits recording intimate images without consent. Nothing in this Policy authorizes any such recording.
- Idaho Code ยง 21-213 โ Drone-based image capture requires additional compliance not covered by this Policy.
- Idaho Right of Privacy โ Idaho recognizes the common law tort of appropriation of name or likeness. The notice-based, participation-as-consent framework in this Policy, delivered conspicuously at checkout, provides strong protection against such claims.
Any dispute arising under this Policy shall be resolved in the state or federal courts located in Idaho, and the parties consent to personal jurisdiction in those courts.
Questions regarding this Policy should be directed to:
| Organization | Elements of Life Institute |
| Contact | John Hone |
| [email protected] |
Idaho-Specific Legal Notes & Attorney Review Recommendations
This Policy uses a notice-based, participation-as-consent framework tailored for Idaho law. Before implementing, Elements of Life Institute should confirm the following with a licensed Idaho attorney:
- Notice Conspicuousness: The enforceability of a no-opt-out participation-as-consent policy depends on the notice being conspicuous before enrollment. This Policy page should be linked directly on every Kajabi checkout page before the purchase button. Recommended checkout summary line: "By enrolling, you consent to be recorded. All recordings are the property of Elements of Life Institute and may be used for educational and ministry purposes, including programs offered for sale."
- One-Party Consent (Idaho Code ยง 18-6702): Idaho's one-party consent rule supports this framework. The Institute is a party to its own recordings. Remote participants from all-party consent states (Washington, Montana, California) are bound by the consent they give at enrollment โ consult counsel if you expect significant out-of-state attendance.
- Right of Privacy โ Course Resale: Idaho's common law appropriation tort is the primary exposure for educational and ministry program resale. Conspicuous pre-enrollment notice with clear language covering programs offered for sale (as included here) is the strongest available protection in the absence of a right-of-publicity statute.
- COPPA Compliance (Federal): If minor likenesses will be published online โ on social media, the Institute's website, or in programs offered for sale โ confirm your platforms comply with the Children's Online Privacy Protection Act before publishing.
- Record-Keeping: Retain evidence that each participant completed checkout and thereby agreed to this Policy. Kajabi transaction records serve this purpose. For in-person participants not completing a Kajabi checkout, use a signed physical acknowledgment.
- Nonprofit / 501(c)(3) Status: Confirm that revenue from programs offered for sale (online courses, evergreen recordings) does not generate unrelated business taxable income (UBTI) in a manner that affects your nonprofit status. Consult tax counsel alongside legal counsel.
