The terms every artist and creative agrees to when they work with BeatsWithSheph Pty Ltd, including our Artist Confidentiality Agreement.
Part A
How our services, bookings, subscriptions, beats and ownership work.
These Terms of Service are between BeatsWithSheph Pty Ltd (ABN 99 656 096 614) of Moorebank, New South Wales, including its studio and production services trading as Sheph Studios and Sheph.ART ("BeatsWithSheph Pty Ltd", "we", "us"), and you, the artist, songwriter, producer, performer or other person who uses our services ("you").
These Terms are made up of Part A (Terms of Service) and Part B (Artist Confidentiality Agreement). Together with our Privacy Policy and any licence, booking confirmation or written agreement we give you, they are referred to as the "Terms".
These Terms apply automatically. By booking a session, signing up for or paying for any service, purchasing or leasing a beat, entering our studio, or otherwise working with us in any way, you agree to be bound by these Terms. If you work with us on behalf of a band, group or company, they are bound too. If you are under 18, the parent or guardian who arranges or pays for the service accepts these Terms on your behalf and is responsible for payment.
We may update these Terms from time to time by publishing a new version on our website. The updated Terms apply to bookings and services from the date they are published. Any change to an existing subscription will be notified to you in writing before it takes effect.
Some services come with a separate written agreement, such as a subscription agreement, production agreement, management agreement, beat licence or split sheet. These Terms apply to every one of those agreements as well, so anything the signed agreement does not cover is covered here.
If a signed agreement says something different on the same topic, the order of priority is:
Our services include annual artist subscription programs, recording and production sessions, mixing and mastering, custom and pre-made beats (leased or sold exclusively), studio dry hire, artist development, management, business advisory and content services, and access to our online portal, webinars and resources.
What is included in each service is set out on our website, in your booking confirmation or in your written agreement. We will provide our services with due care and skill. Music is creative work, so we cannot guarantee a particular commercial result, such as streams, playlist placements, chart positions or record deals.
Sessions may be run by Sheph, our co-founders or another qualified engineer or producer on our team. If a specific person has been promised in writing and becomes unavailable, we will offer to reschedule.
Your consumer rights. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits those rights. If a service is not provided with due care and skill, you may be entitled to have it supplied again or to a refund.
This clause explains who owns what for music made with us under these Terms ("Works"). If someone else has a claim over your copyright, you need to tell us in writing.
If we make the beat, or help write the lyrics, for a Work:
If you are only recording a song you wrote yourself, and we did not make the beat or help with the lyrics, this split does not apply and you keep 100% of the publishing.
If a Work ends up being written jointly by you and us, this clause decides ownership in place of the general rule under the Copyright Act 1968 (Cth). The split for each Work will be confirmed in a split sheet or written agreement signed by both parties.
No matter which situation in (a) applies, you own 100% of the master recording, including any claim we might otherwise have from providing the studio or equipment. This applies once all fees for that recording have been paid. It covers the final mixed and mastered recording; project files, session files and wet stems are dealt with in clause A12.
Moral rights are separate from ownership. They stay with the person who created the work and cannot be signed away. If we want to edit, remix or change how a Work is credited in a way that could affect someone's moral rights, we will ask for written consent separately.
Where the 50/50 publishing split applies, both parties will register it with APRA AMCOS within 30 days of release.
Our templates, frameworks, training material, e-books, webinars, portal content, sound kits, logos and website content remain our property. You may use them for your own career while you are working with us, but you must not copy, sell, share or republish them.
You agree that:
If a claim is made against us because material you supplied infringed someone else's rights, you agree to cover the reasonable costs of that claim.
We often film and photograph sessions for our social media and marketing. You agree that we may use your name, image, voice and likeness from sessions, along with released music and credits, to promote our business and your work.
We will never post your unreleased music without your consent. If you would prefer not to appear in our content, tell us in writing before your session and we will respect that.
Who owns the files. Project files, session files and wet stems (the processed and mixed multitrack files we create) remain our property and are not delivered as part of our services, unless a written agreement says otherwise. What you receive is the final mixed and mastered recording, which you own under clause A8(b).
How long we keep them. We store session files at our discretion and are not obliged to keep them for any set period. Please keep your own copies of everything we deliver to you, as we cannot guarantee files will be available to supply again later. We take reasonable care with stored files, but we are not responsible for loss caused by events outside our reasonable control, such as hardware failure or third-party service outages.
To the extent the law allows, and subject to your rights under the Australian Consumer Law:
We may suspend or end your services, subscription or studio access, with notice where reasonable, if you breach these Terms, fail to pay amounts owing, behave in a threatening or abusive way, or put our team, artists or reputation at risk. Any amounts owing up to that point remain payable.
Clauses about payment, intellectual property, confidentiality (Part B), liability and disputes continue to apply after our relationship ends.
Part B
What goes on in the studio stays protected, for you and for us.
This Part B sets out how confidential information is protected, both yours and ours. It applies to everyone bound by these Terms, and to anyone who comes into the studio with you, such as a featured artist, engineer, manager or guest. You agree to make sure they follow it.
Confidential Information means any information you see, hear or receive through your dealings with us that is not already public, whether it is shared verbally, in writing, digitally, in the studio or online. It includes:
Confidential Information does not include information that:
You agree that you will:
Permitted disclosures. You may share Confidential Information with your own lawyer, accountant, manager or label representative where they genuinely need it to advise you, provided you tell them it is confidential and they agree to keep it that way. You may also disclose it where the law, a court or a regulator requires you to, but you must give us as much notice as you lawfully can so we have a chance to respond.
We also agree to protect your confidential information. Artist Confidential Information means your unreleased music, demos, lyrics, stems, project files and session recordings, your release plans and campaign strategies, the terms and fees of your agreements with us, and your personal and contact details, to the extent they are not already public.
We agree that we will:
What we may still do. We may share Artist Confidential Information with our staff, engineers, contractors, distributors, publishers and other service providers who need it to deliver our services to you, provided they are bound to keep it confidential. We may promote your work once it has been publicly released, use session footage, snippets or credits for marketing in line with clause A11, and disclose information where the law, a court or a regulator requires it. The exclusions in clause B2 for information that is public, already known or lawfully received from someone else apply to Artist Confidential Information in the same way.
Our obligations under this clause last for the same period set out in clause B6.
You may film or photograph yourself and your own session for content, but you must not capture other artists, their music playing in the background, screens showing project files or client information, or security features of the building. Please ask a member of our team before posting anything recorded in the studio that shows equipment, staff or the space in detail. We may ask you to take down content that breaches this clause, and you agree to do so within 24 hours.
These obligations start when you first work with us and continue for as long as you work with us and for three (3) years after your last service with us ends, however it ends. Obligations about unreleased music, other artists' work and personal information continue for as long as that information remains confidential.
When your relationship with us ends, or whenever we ask, you must return or permanently delete any Confidential Information you hold, other than files we have delivered to you for your own use under your agreement.
A leak of unreleased music or confidential business information can cause harm that money alone cannot fix. If you breach this Part B, or we reasonably believe you are about to, we may:
You are responsible for breaches by anyone you bring into the studio or share information with.
By working with us in any way, you confirm that you have had the chance to read these Terms, including Part B, and to seek independent advice, and that you agree to be bound by them. No signature or tick box is needed.
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