HEART MUSIC GROUP – TERMS & CONDITIONS FOR ARTISTS
As of 26 August 2025
By completing the input form on our website, you (“the Artist”) agree to the following Terms & Conditions with Heart Music Group Ltd (“HMG”), a New Zealand-registered music sustainability company.
1. DEFINITIONS
Works means any musical compositions and/or sound recordings created by the Artist including all associated lyrics, performances, master recordings, and any derivative works.
Retail Partners means any commercial businesses (e.g. retail stores, cafés, restaurants, in-store radios, in-store platforms, supply platforms) to whom HMG may license background music.
2. GRANT OF RIGHTS
By accepting these terms, the Artist grants HMG a non exclusive license to:
a) License the Works for public use as background music in physical or digital retail environments;
b) Use, copy, download, transmit, and supply the Works (including any and all songs from the Artist’s catalog) to retail partners without the need for further approval or submission by the Artist, for the purpose of licensing the Works as background music. This includes the right to download, store, and distribute the Works in MP3 or other formats as required;
c) Represent the Artist for the purpose of licensing and negotiating use of the Works with retail partners, APRA AMCOS, or similar rights organisations.
This license covers both composition and recording rights, including rights the Artist may hold as writer, performer, or producer. The territory of this agreement relates to NZ and Australia, HMG, may extend this at its sole discretion if necessary to service international customers.
3. LICENSING BACK or OPT OUT
If the Works are registered with APRA AMCOS, the Artist authorises HMG to request a license-back, Opt Out, and or co writer license back/opt our, from APRA for the purposes of direct licensing. The Artist agrees to assist HMG in facilitating this process if required including singing further administrative paperwork. If the recordings are registered with RMNZ, the Artist authorises HMG to act as an agent for the purpose of negotiating any conditions of the license and carve outs with RMNZ.
4. ROYALTIES
a) Royalties will be calculated and distributed in good faith.
b) From the total license fee received from retail partners, 50% will be allocated to HMG, and 50% will be split among participating artists based on the following factors: how many songs they have in the playlist, if they are successfully placed and publicly performed/communicated in a music users playlist, and other factors.
c) Payments will be made using the bank details the Artist provides during signup.
5. ADMINISTRATION COSTS
The Artist agrees that HMG may deduct reasonable administration costs from gross licensing revenue, including but not limited to APRA license-back fees and platform or legal costs.
6. TERM AND TERMINATION
a) This Agreement is valid for one year from the date of submission and renews automatically unless cancelled.
b) Either party may terminate with 60 days’ written notice.
c) The Artist agrees to provide 6 months’ notice if they wish to withdraw from the licensing program entirely, in order to give HMG reasonable time to remove their songs from playlists.
d) Any license granted to a retailer during the Term remains valid even after termination.
7. WARRANTIES
The Artist represents that:
a) They are the sole owner of the Works. If the Artist is a joint owner of any of the Works, the Artist warrants that they have obtained permission from all other rights holders and acknowledges that they are fully responsible for ensuring that any third parties receive their appropriate share from the Artist’s portion of any payments made by HMG. The Artist warrants that managing these payments to third parties is their sole responsibility and not that of HMG;
b) The Works do not infringe the rights of any third party;
c) The Artist indemnifies HMG, its officers, and its retail partners against any legal claims arising from the submitted Works.
8. LEGAL RELATIONSHIP
a) The Artist acknowledges that no solicitor-client relationship exists between HMG and the Artist.
b) HMG acts solely as an agent and licensee of the Works.
c) Nothing in this agreement constitutes legal advice.
9. RETAILERS & REPERTOIRE CHANGES
HMG may update this Agreement to:
a) Add additional Works provided by the Artist; and/or
b) Include new background music partners as licensees of the Works.
The Artist may object to the addition of new background music partners by:
a) Specifying in writing to HMG that they do not want particular Works to be licensed to a particular licensing partner.
b) In this event, HMG will remove the particular Works from the licensing partner playlist within 60 working days.
In the absence of objection, the Artist will be taken to have agreed to the addition of new background music partners.
10. GOVERNING LAW
These Terms shall be governed by New Zealand law. In the event of a dispute, the parties agree to negotiate in good faith and, if necessary, pursue mediation before taking further legal action.
11. ACCEPTANCE
By ticking the checkbox on our site, you confirm that you have read and agree to these Terms & Conditions. HMG may make occasional udates to these terms.