I work as a freelance trainer at a big box gym. The manager said, “Don’t worry, you’re covered under our policy.” When my client dropped a dumbbell on his foot, the gym’s insurance company denied the claim. They said I was an “Independent Contractor,” not an employee, and therefore not an “Insured.” The client is now suing me personally.
Key Takeaways
- Employees vs. Contractors: Gym policies cover employees (W-2). They usually exclude contractors (1099) unless specifically endorsed.
- Separation of Insureds: Even if you are covered, the gym’s insurance protects the gym, not you. If the gym can blame you to save themselves, they will.
- Subrogation: The gym’s insurer might pay the client, then sue you to recover the loss because you were the negligent party.
- Your Own Policy: You need your own Professional Liability policy that names the gym as “Additional Insured” (to make them happy), not the other way around.
The “Why”: The Definition of Insured
The Trap:
Read the gym’s policy “Definitions” section.
“Who Is An Insured”: “Your employees… but only for acts within the scope of their employment.”
It rarely says “Your independent contractors.”
By relying on their policy, you are essentially driving a car without insurance because the owner said “it’s cool.”
The Investigation: I Quoted 3 Major Carriers
1. Insure4Sport
- My Analysis: Designed for this exact scenario. You buy a policy for $150/year. It covers you at any gym you train at.
2. NEXT Insurance
- My Analysis: Very easy to add “Additional Insureds.” You can add “Gold’s Gym” and “Anytime Fitness” to your policy so you can train at multiple locations.
3. Hiscox
- My Analysis: Good for liability. But ensure you classify yourself correctly. If you are a “Personal Trainer,” you are covered. If you are teaching “Martial Arts,” that might be a different class code.
[IMAGE: Diagram showing “The Gap” between Gym Policy and Contractor Liability]
Comparison Table: Contractor Coverage
| Carrier | Portable (Any Gym)? | Additional Insured Cost? | Cost |
| Insure4Sport | Yes | Free | $ |
| NEXT | Yes | Free | $ |
| Gym’s Policy | NO | N/A | Free (but useless) |
Step-by-Step Action Plan
- Get Your Own Policy: Do not trust the gym.
- Request a COI: Give the gym your Certificate of Insurance. This makes you look professional and protects your contract.
- Read Your Contract: Does it say “Trainer shall indemnify Gym”? If so, you definitely need your own insurance to cover that promise.
- Waiver: Have the client sign your waiver, not just the gym’s waiver.
FAQ
Can I be added to the gym’s policy?
Technically yes, but it costs them money and limits your freedom. Better to have your own.
Does this cover me training clients at home too?
Yes, your own policy follows you everywhere (check territory limits).
What if I’m a W-2 employee?
Then you are covered by the gym. But having your own “moonlighting” policy is still smart for side gigs.