I was so proud of my client’s 50lb weight loss that I posted a “Transformation Tuesday” split on Instagram. I used her Day 1 “Before” photo in her sports bra. She didn’t like the post—in fact, she was humiliated. She sued me for “Public Disclosure of Private Facts” and “Misappropriation of Likeness,” demanding $75,000 for emotional distress and damage to her professional reputation.
Key Takeaways
- Implied Consent is Dead: Just because they sent you the photo for progress tracking does not mean you can publish it. You need express written release for marketing.
- “Personal & Advertising Injury”: This is the section of your General Liability policy that covers invasion of privacy. If you don’t have it, you’re paying the settlement yourself.
- The “Intellectual Property” Trap: Did she take the selfie? Then she owns the copyright. You might be sued for copyright infringement and privacy invasion.
- Retraction doesn’t cure liability: Deleting the post stops the bleeding, but the “publication” already occurred. The damage is done.
The “Why”: The Personal Injury Coverage
The Trap:
Many trainers focus on “Bodily Injury” (broken bones). They ignore “Coverage B: Personal and Advertising Injury.”
This coverage protects you against lawsuits alleging:
- False Arrest
- Libel/Slander
- Invasion of Privacy
If your policy excludes “Marketing Activities” or has a “Digital Media” exclusion, posting that photo left you exposed.
The Investigation: I Quoted 3 Major Carriers
1. Hiscox
- My Analysis: They are strong on media liability. Their standard Professional Liability usually covers claims arising from “breach of duty,” which includes failing to keep client data private.
2. NEXT Insurance
- My Analysis: Their “Pro” package includes Personal & Advertising Injury. However, I read the fine print: they exclude “known false statements.” If the client argues you photoshopped the “After” picture (making it false), NEXT might walk away.
3. Chubb
- My Analysis: The best for privacy defense. They understand that in 2026, “Reputational Injury” is a massive claim. They defend these aggressively to prevent a settlement precedent.
[IMAGE: Screenshot of a “Model Release Form” specifically for social media]
Comparison Table: Media Liability
| Carrier | Covers Privacy Invasion? | Copyright Defense? | Cost |
| Hiscox | Yes | Yes | |
| NEXT | Yes | Limited | $ |
| Chubb | Yes | High Limits | |
Step-by-Step Action Plan
- Delete Immediately: Screenshot the analytics (to prove only 500 people saw it, not 5 million), then delete it.
- Check Your Waiver: Does it have a “Media Release” section? Did they initial it?
- Notify Carrier: Report a “Personal Injury / Privacy Claim.”
- Do Not Apologize Publicly: An apology can be used as admission of guilt. Let the lawyers handle the statement.
FAQ
Can I blur their face?
It helps, but if they are still identifiable (tattoos, room background), you can still be sued.
What if they tagged me first?
That is “Implied Consent.” It’s a strong defense, but not bulletproof if you then re-used it for an ad.
Does this cover “shaming” clients?
No. Intentional infliction of distress is excluded.