Pregnancy Yoga – Risk Warning, Waiver and Subscription Terms (NSW/Australia)

Last updated: February 2026

1. Provider

Palestra Pty Ltd trading as Yoga to Birth
ABN 72 631 007 077, 4 Bertha Rd, Cremorne, NSW 2090

2. Services

Subscription based Pregnancy Yoga

On‑demand and/or livestream pregnancy yoga classes and related content (the “Services”). The Services are delivered online and are unsupervised.

3. Risk Warning

This warning is provided to you before you engage in the activity and is reasonably likely to come to your attention. Pregnancy yoga is a recreational activity that involves physical movement and may carry risks of personal injury, including (without limitation) musculoskeletal strain, falls, aggravation of existing conditions, or adverse events in pregnancy. By participating, you accept these general risks.

4. Health Notice (not medical advice)

4.1 – Our content is general information only and not medical advice. It does not replace guidance from your obstetrician, midwife or other health professional.

4.2 – By subscribing, you confirm you are pregnant (or postpartum if applicable) and have medical clearance to undertake low–moderate exercise.

4.3 – Do not participate if you have been advised to avoid exercise, or if you have high‑risk pregnancy complications, unexplained bleeding, fluid leakage, reduced foetal movements, dizziness/fainting, chest pain, severe pelvic pain, regular painful contractions, or other concerning symptoms. Stop immediately and seek medical care if such symptoms arise.

5. Eligibility and Safe Participation

5.1 – You must be 18+ and physically able to participate.

5.2 – You are responsible for setting up a safe environment (including but not limited to clear floor space, appropriate mat, adequate hydration/ventilation, no “hot yoga”).

5.3 – You agree to follow class modifications appropriate to trimester, avoid prolonged supine positions after the first trimester, avoid Valsalva/bracing, and respect your personal limits.

6. Acknowledgement/Digital Acceptance

Selecting “I agree” or completing checkout constitutes your acknowledgement that you have read and understood all Risk Warnings, Waivers and Subscription Terms included herewith. It constitutes your electronic signature and indicates you accept the risks, have medical clearance, and agree to be bound by the terms outlined.

7. Governing law

These terms are governed by the laws of New South Wales, Australia.

8. Recreational Services – Waiver of Contractual Duty of Care

To the maximum extent permitted by law, you agree that any contractual duty we would otherwise owe to render the Services with reasonable care and skill is excluded in relation to participation in these recreational services.

9. Australian Consumer Law (ACL) Consumer Guarantees – exclusion for personal injury/death

To the maximum extent permitted by law, and because the Services are recreational services (i.e., a sporting/leisure activity involving physical exertion undertaken for enjoyment/fitness), you agree that the consumer guarantees under the ACL do not apply to liability for death, physical or mental injury, disease, or related harm suffered from participation in the Services.

This exclusion does not apply to any significant personal injury caused by our reckless conduct (as defined by Australian Contract Law.)

10. Australian Consumer Law – non‑excludable rights

Nothing in these terms excludes, restricts or modifies any rights you have that cannot lawfully be excluded, including under the Australian Consumer Law (as applied in NSW by the Fair-Trading Act 1987 (NSW)).

11. Your assumption of risk and release

You voluntarily assume all inherent risks of participating in pregnancy yoga delivered via our platform. To the extent permitted by law, you release and discharge us (and our officers, employees, contractors and instructors) from claims for personal injury arising from participation in the Services, subject to exclusion for reckless conduct

12. Indemnity

You agree to indemnify us from claims by third parties arising from your misuse of the Services or failure to follow health/participation requirements. This indemnity does not apply to the extent a claim is caused by our reckless conduct or is otherwise non‑excludable by law.

13. Subscriptions, Renewals, Cancellations & Refunds

  • Plan P: One‑off prepaid access for pregnancy with end date 9 months after commencement OR
  • Plan W: Weekly credit‑card membership (auto‑renews each week until cancelled). You must remember to cancel your membership when you birth your baby.
  • Cancellations: You can cancel Plan W up to one week before the next billing date via [Account → Subscriptions → Click the Actions (three dots) menu next to your active plan and select Cancel OR reach out via Contact Us for support.  Cancellation stops future charges and access continues until the end of the paid period.
  • Refunds: We don’t offer “change‑of‑mind” refunds unless required by law. For exceptional circumstances please reach out via Contact Us for support. If we fail to supply the Services as described, you may have remedies under the ACL.

14. Medical Emergencies & Supervision

The Services are unsupervised and provided online; we cannot monitor your form or environment. In an emergency, call your local emergency service. In Australia 000. You are responsible for obtaining individualised medical advice as needed. (See clauses above)

15. Privacy

Personal information is handled under our Privacy Policy. We do not provide health services; we provide recreational exercise guidance. (No special health record obligations are assumed beyond general privacy law.)

16. Intellectual Property

All class videos, programs and materials are our IP. You receive a personal, non‑transferable licence to stream for your own use while your subscription is active. No copying, sharing or public performance is permitted.

17. Suspension/Termination

We may suspend or terminate access for breach of these terms, misuse of the Services, or safety concerns. Pro‑rata refunds will be provided where required by law.