My phone rang at 5:30 AM—another trainer had the flu, and the studio needed me to cover the 6 AM power yoga class. I rushed in, taught the flow, and 45 minutes later, a student slipped in a puddle of sweat I hadn’t noticed, fracturing her wrist. When the liability claim arrived weeks later, the studio’s insurer sent me a denial letter stating I wasn’t an “employee” on their payroll, and my own freelancer policy denied it because I hadn’t listed that specific studio as an “Additional Insured.”
Key Takeaways
- “Employee” vs. “Contractor” Status: If you aren’t on the W-2 payroll, the gym’s insurance usually does not cover you. You are a third-party liability risk.
- The “Unnamed Location” Trap: Your personal policy covers you, but only if the location isn’t excluded. Some policies require you to list every gym you teach at.
- Subrogation Risk: Even if the gym’s insurance pays the student, they will likely sue you to recover the costs if they deem you negligent for not wiping the floor.
- The “Substitute” Clause: Some high-quality policies automatically cover you while subbing for others, but budget policies often don’t.
The “Why”: The Separation of Insureds
The Trap:
You assume that because you are standing on the gym’s podium, you are under the gym’s umbrella.
In reality, the “Who Is An Insured” section of the gym’s General Liability policy likely defines “Insured” as “Employees and Executive Officers.”
If you are paid via Venmo or invoice (1099), you are a Vendor, not an Employee.
Therefore, when you—the Vendor—cause an accident (failure to clean sweat), the gym’s insurance protects the gym by blaming you. Without your own portable policy, you are defenseless.
The Investigation: I Quoted 3 Major Carriers
I called three providers to ask: “If I sub a class at a new gym tomorrow morning, am I covered?”
1. Insure4Sport
- My Analysis: They get it. Their policy is “portable.” It covers the instructor wherever they teach in the US. I specifically asked about subbing last minute, and the underwriter confirmed: “As long as the activity (Yoga) is listed on your policy, the location doesn’t matter.”
2. K&K Insurance
- My Analysis: Solid coverage, but they asked if I was “directing the class” or “following the gym’s curriculum.” If I followed the gym’s specific, mandated routine, there’s an argument I was a “de facto employee,” which complicates things. But generally, they cover the subbing scenario well.
3. The Gym’s Policy (General Liability)
- My Analysis: I reviewed a standard “Commercial General Liability” form used by big box gyms. It explicitly excludes “Independent Contractors” from the definition of insured. Relying on this is financial suicide.
[IMAGE: Diagram showing “The Coverage Gap” between Gym Policy and Freelancer Policy]
Comparison Table: Substitute Teacher Liability
| Carrier | Portable Coverage? | Requires “Additional Insured” Listing? | Cost |
| Insure4Sport | Yes | No (Automatic) | $ |
| K&K | Yes | No | |
| Gym’s Policy | NO | N/A | Free (Unsafe) |
Step-by-Step Action Plan
- Get a Portable Policy: Buy your own Professional Liability insurance that follows you, not the premises.
- Check “Territory”: Ensure your policy says “Anywhere in the US/Canada,” not “Designated Premises Only.”
- Waiver Check: Ask the studio: “Did everyone sign a waiver?” If the injured student was a drop-in who slipped through the cracks, your liability skyrockets.
- Incident Report: Fill out the gym’s report, but also write your own personal account immediately. Email it to yourself to timestamp it.
FAQ
Does the gym’s waiver protect me?
Only if the waiver language includes “employees, contractors, and agents.” If it just says “Gold’s Gym,” you might not be protected.
Can I ask the gym to add me to their policy?
You can, but it takes days. Subbing happens in minutes.
What if I didn’t get paid for the class?
Liability applies even if you volunteered.