The bass is pulsing, the group is reaching the final phase of exertion, and the energy in the room is palpable. As a trainer, you aren't thinking about tariff sheets or licence issues at this moment – and quite rightly so. The legal responsibility for music usage lies with the studio or training provider where you run your classes, not with you personally as a freelancer or employee. What really counts for you as a trainer is something else: a reliable app where your songs and class mixes are to hand at all times, allowing you to run your classes precisely and without technical hurdles.
For studios and training providers, on the other hand, a different question arises: how do you ensure that the music being played is legally compliant, especially when several freelance or employed trainers bring their own playlists? In this guide, we show both perspectives: how the FitnessPlayer provides trainers with a professional tool for their music, while at the same time enabling studios to achieve complete legal certainty and noticeable cost savings.
Key takeaways
- Trainers are not legally responsible for GEMA registration – this obligation lies with the studio or training provider on whose premises the course takes place.
- For trainers, a high-quality app for managing songs, playlists and class mixes is what matters most – that is the FitnessPlayer's real strength.
- The following applies to studios: if a single song subject to GEMA licence fees is used in a class, the entire class becomes subject to GEMA licence fees – the 100 % GEMA-free FitnessPlayer version reliably eliminates this risk.
- Studios can contractually oblige their trainers to use GEMA-free music without this automatically calling into question the status of freelance work.
Who bears the legal responsibility – the trainer or the gym?
A widespread misconception is that every trainer has to personally take care of GEMA registration and licensing issues. That is not entirely correct. Public performance of music in the sense of copyright law takes place wherever music is made audible to customers – that is, in the rooms of the studio or training provider. It is this institution that holds the GEMA contract or operates GEMA-free, regardless of whether the music is played by a permanent employee or a booked freelancer.
For trainers, this means they do not have to worry about choosing a tariff or registering themselves. However, what applies to everyone, regardless of status, is that private streaming accounts such as Spotify or Apple Music are contractually excluded for commercial use in class rooms, as their terms of use explicitly prohibit commercial playback. Anyone who nevertheless uses these services for classes risks having their account blocked, regardless of who ultimately pays the GEMA fees. To understand the role that the collecting society plays in this, it helps to look at the question: What is GEMA anyway? and what rights does she exercise?
The GEMA conjecture – and why a single song is enough
The GEMA presumption has been developed through consistent case law of the Federal Court of Justice and is additionally supported by the statutory presumption rules of Sections 48–50 of the German Act on the Administration of Copyright and Related Rights (VGG). It states that in the event of a public performance of music, it is presumed that the work played in each case belongs to the GEMA repertoire. This leads to a reversal of the burden of proof: in case of doubt, the music user must prove that a specific title does not belong to the GEMA repertoire.
For studios, an important practical rule applies: if a class contains even a single GEMA-liable track, the entire class is deemed GEMA-liable, regardless of how many GEMA-free tracks were played otherwise. This mixed-programme rule makes it clear why studios wishing to save on GEMA costs need absolute certainty at song level: a single wrong track in a trainer's playlist is enough to wipe out the entire savings for a class. This is precisely where a consistently GEMA-free music source pays off – random finds from private playlists are unsuitable for this purpose.
The real trainer need: An app for songs and class mixes
Whether booked as a freelancer or employed on a permanent basis, trainers do not have to worry about GEMA and licence issues themselves. What counts for daily work is something else: a reliable, high-quality way to save and organise your own songs and class mixes, and to adapt them to the respective class structure with as many editing options as possible. This is precisely the central strength of the FitnessPlayera cloud-based platform that gives instructors their entire music library at their fingertips at any location, allowing them to access BPM-accurate programmes and put together their own mixes for every class format.
An effective workout requires precise structuring of the beats per minute (BPM). The speed determines the participants' physiological response. Whilst the warm-up starts at a moderate 120 to 130 BPM, the main part in the HIIT range often demands significantly faster rhythms. This is concluded by a gentle cool-down that controlledly lowers the heart rate. This energetic curve ensures a well-rounded training experience and prevents premature fatigue caused by incorrect acoustic stimuli. Whether it is powerful body pump or relaxed yoga, the control remains intuitive, allowing you as a trainer to fully concentrate on the instruction instead of manually sorting playlists.
For trainers who want to efficiently structure their course content in addition to the appropriate music, ReformerFlow by Ginty a specialized solution for the professional planning of reformer Pilates classes.
The targeted selection of BPM-accurate music for fitness classes acts as a strategic lever for customer retention. This positions you as a confident expert who has mastered every detail of their offering. If you have any questions about integration into your daily training routine, we would be happy to advise you in a face-to-face chat to your individual options.
Legal certainty for studios: Why the 100 % GEMA-free version matters
Operators of studios or training venues want one thing above all else: legal certainty. Anyone with a standard GEMA licence is, in principle, covered, regardless of which tracks the trainers use. However, anyone wishing to save on GEMA fees must ensure that not a single GEMA-licensed song is used in a class, as, as described, just one track is enough to make the entire class subject to fees. This is where the 100 % GEMA-free version of FitnessPlayer comes in: All available tracks are directly licensed and GEMA-free, so that gyms can allow their trainers to choose any music they like within the app without running the risk of a single incorrect track undoing all the cost savings.
For classes in which exclusively world repertoire is used, the tariff WR-KS-F for fitness and health classes is applicable instead of the background music tariffs, not the general event tariff. Professional GEMA administration helps to choose the correct classification and avoid overpayments due to incorrect tariff categories.

Freelance work and music guidelines: What is legally possible
A common concern among studios is: are they allowed to require freelancers to use exclusively GEMA-free music without jeopardising their status as freelance workers? According to the prevailing assessment, such a product-related requirement does not directly affect the crucial question used to distinguish bogus self-employment. This depends primarily on whether the instructor is free to determine the content of their class design and bears entrepreneurial risk. A requirement regarding the legal compliance of the music used is comparable to other framework conditions that a studio typically dictates, such as regarding premises or safety standards. Nevertheless, it remains a case-by-case issue under social security and tax law – if in doubt, studios wanting full legal certainty in this regard should consult a specialist lawyer or tax advisor.
Avoiding cost traps: Optimising GEMA fees for studios
The financial burden of licensing fees can be significantly reduced through clever tariff selection and strategic planning. For ongoing course operations, the WR-KS-F tariff for fitness and health courses is primarily decisive, while the M-U tariff covers classic background music outside of course times. The decision between GEMA-free channels and the licensed world repertoire should not only be based on personal taste, but also on economic considerations. GEMA-free music offers the potential for complete savings on fees. World repertoire, on the other hand, often creates a higher emotional connection with customers due to the familiarity of the titles.
Discount potential through GEMU and professional audits
An often overlooked lever for cost reduction is the GEMÜ membership. It entitles you to a direct discount of 20 % on your GEMA invoices. In addition to the association discounts, we often identify further potential savings of up to 40 % through a detailed licence audit. We check your existing contracts for calculation errors and ensure that you only pay for what you actually use. Our expertise in music licensing, built up over approximately 40 years, provides a reliable foundation for this.
The outsourcing of these bureaucratic tasks to a professional GEMA administration creates the necessary breathing space for your core business. You no longer have to battle through confusing tariff sheets or monitor deadlines. We handle communication with the collecting societies and ensure maximum cost efficiency with absolute legal certainty. This keeps your focus where it belongs: on the athletic development of your participants and the success of your business.
Your path to legally compliant performance and financial relief
Music for self-employed fitness trainers and the gyms that book them is far more than a purely administrative side issue. For trainers, the fitnessPlayer is a professional tool for songs and class mixes, without the burden of having to manage their own licensing responsibilities. For gyms, the 100 % GEMA-free version offers reliable legal certainty and tangible cost savings, even when several trainers contribute their own playlists. At the same time, gyms secure significant cost savings through targeted tariff optimisations and attractive discounts via the GEMU association.
In addition to these financial benefits learn more about StudioBookings and how specialized administrative software can further simplify your day-to-day studio work.
With around 40 years of expertise in music licensing, sonicsense stands by your side as a reliable partner. We assist you in selecting the appropriate repertoire, issue legally compliant certificates for royalty-free use, and proactively relieve studios of the entire GEMA administration. Focus entirely on your sporting success while we take care of the perfect and legally compliant sound in the background.
Get started now and make your sound your competitive advantage.
Frequently asked questions about music use in the fitness sector
Do I, as a freelance fitness trainer, have to sort out the GEMA myself?
No. Registering with GEMA is the responsibility of the studio or training provider on whose premises the course takes place, regardless of whether you are booked as a freelancer or employed on a permanent basis. You do not need to worry about choosing a tariff or registering. The only important thing for you to remain aware of is that you must not use private streaming accounts such as Spotify or Apple Music, as their terms of service prohibit this regardless of the GEMA issue.
❓What is the difference between GEMA-free and royalty-bearing music for running classes?
➡️ Royalty-free music saves the entire share of fees, whereas copyrighted tracks incur official tariffs. The GEMA presumption has been developed through consistent case law of the Federal Court of Justice and is additionally supported by the statutory presumption rules of Sections 48–50 of the German Act on the Administration of Copyright and Related Rights (VGG). It states that in the event of public music playback, it is presumed that the work played belongs to GEMA's repertoire. This leads to a reversal of the burden of proof: in case of doubt, the music user must prove that a track does not belong to the GEMA repertoire.
❓Is it true that a single GEMA-liable song makes an entire course subject to fees?
Yes. Under the current mixed-programme rule, a class is considered subject to GEMA fees in its entirety if even a single GEMA-liable track is played, regardless of how many GEMA-free tracks were otherwise used. For studios looking to consistently save on GEMA costs, this is the main reason to rely on a continuously GEMA-free music source such as the corresponding FitnessPlayer version, rather than trusting single-track checks.
❓Which GEMA tariffs are relevant for fitness classes in 2026?
For ongoing fitness and health course operations, the WR-KS-F tariff is authoritative. The M-U tariff is applied when music is used merely as background sound outside of course times, such as in the reception area. Professional GEMA administration helps to select the correct categories and consistently avoid overpayments caused by incorrect classifications or bureaucratic errors.
Can a studio require its freelancers to use only GEMA-free music?
➡️ Basically yes: Such a requirement primarily concerns the legal and economic protection of music usage, not the content-related course design itself, and thus, according to the prevailing assessment, does not directly affect the criteria crucial for determining false self-employment, such as direction-giving obligations and entrepreneurial risk. Since this is a case-specific question of social security law, coordination with a specialist lawyer or tax advisor is advisable in cases of uncertainty.
❓How do I find the right BPM for my fitness classes?
➡️ The ideal BPM rate depends on the training intensity and the load goal of your format. A classic warm-up usually ranges between 120 and 130 BPM, while endurance workouts often require 130 to 140 BPM. With intense HIIT sessions, the speed can rise to over 150 BPM. The FitnessPlayer offers preconfigured, BPM-accurate programs for this, so you can fully focus on the instructions without having to manually sort playlists.
❓Can a studio save GEMA fees if it is a member of an association?
➡️ Yes, by becoming a member of the GEMU association, a studio secures a flat GEMA discount of 20%. This membership is already possible from 30 € per year and usually pays off very quickly. Additionally, sonicsense offers detailed license audits. With our 40+ years of experience, we identify savings potential of up to 40% by optimizing contracts and ensuring that no unnecessary fees are paid.



