I built my own fitness app using a white-label platform (like Uscreen or Vimeo OTT). A user in France followed my HIIT workout, had a seizure, and sued me. I tried to claim I was just “content,” like Netflix. The court disagreed, ruling I was an “Instructor” providing a service. Meanwhile, my friend who teaches for Peloton said, “Peloton covers me.”
Key Takeaways
- Platform vs. Creator: If you own the app (white label), you own the liability. If you are an employee (Peloton), the corporation covers you.
- Terms of Service (TOS): Your app needs a bulletproof TOS with a mandatory arbitration clause and a “Health Disclaimer” that users must click before viewing content.
- Jurisdiction: Apps are global. You need “Worldwide” coverage. A user in France can sue you.
- Media Liability: You aren’t just a trainer; you are a broadcaster. You need coverage for the content itself.
The “Why”: The Distributor Liability
The Trap:
When you use a platform like Uscreen, YOU are the “Publisher.” Uscreen indemnifies themselves, not you.
Read the User Agreement you signed with the platform. It likely says: “Creator agrees to hold Platform harmless from all claims arising from Content.”
You are the first line of defense.
The Investigation: I Quoted 3 Major Carriers
1. K&K (Online Operations)
- My Analysis: They can write a policy for “Digital Fitness Studios.” It bases the premium on revenue or subscriber count, not square footage.
2. Hiscox
- My Analysis: Great for digital creators. Their Media Liability covers the content. Their Professional Liability covers the instruction.
3. Peloton (Corporate Model)
- My Analysis: Instructors are W-2 employees. Peloton’s massive corporate insurance tower protects them. This is the safety of being “Talent” vs “Business Owner.”
[IMAGE: Screenshot of a “Click-Wrap” agreement on a fitness app]
Comparison Table: Platform Risk
| Model | Who is Liable? | Insurance Needed? | Control? |
| White Label App | YOU | Commercial Media Liab | High |
| YouTube Channel | YOU | General + Media Liab | Medium |
| Peloton/Apple | Corporation | None (Usually) | Low |
Step-by-Step Action Plan
- Review App TOS: Ensure users cannot watch a video without checking “I Agree.”
- Buy Global Insurance: Your subscribers are everywhere. Your insurance must be too.
- Formation: Do not own the app as a Sole Proprietor. Use an LLC to shield your savings.
- Health Warning: Put a “Consult Physician” slate at the start of every video.
FAQ
Is an app considered “Software”?
In insurance, it’s usually considered “Media/Content.” Tech E&O covers the code; Media Liability covers the workout.
Can I be sued for “glitchy” video causing injury?
Unlikely, but possible. “The video froze while I was in a headstand.”
Do I need Cyber insurance?
Yes, you are collecting credit cards and emails.