Company Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
Video Game Development Agreement
THIS AGREEMENT (hereinafter referred to as "Agreement") is made and entered into on this {{day}} day of {{month}}, {{year}},
BETWEEN:
{{client_company_name}}, a company duly registered and incorporated under the laws of {{jurisdiction}}, with its principal place of business at {{client_company_address}} (hereinafter referred to as "Client");
AND
{{developer_company_name}} / {{developer_individual_name}}, a company duly registered and incorporated under the laws of {{jurisdiction}} / an individual residing at {{developer_address}} (hereinafter referred to as "Developer").
The Client and Developer are hereinafter collectively referred to as the “Parties” and individually as a “Party”.
1. Scope of Work
1.1. The Developer agrees to develop the video game tentatively titled "{{game_title}}" (hereinafter referred to as the "Game") in accordance with the specifications outlined in Schedule A (Game Design Document) attached hereto and forming an integral part of this Agreement.
1.2. The scope of work includes, but is not limited to, game design, programming, art assets, sound design, testing, and delivery of a fully functional and polished Game as per the agreed milestones.
1.3. Any changes or additions to the scope of work must be agreed upon in writing by both Parties and may result in adjustments to the development schedule and/or fees.
2. Development Schedule and Milestones
2.1. The Developer shall use its best endeavours to complete the Game development according to the schedule and milestones set out in Schedule B (Development Schedule) attached hereto.
2.2. Payment for services rendered will be made upon successful completion and Client approval of each milestone as per Section 3.
2.3. The Parties shall hold regular progress meetings, at least {{frequency_of_meetings}}, to review the development status.
3. Fees and Payment Terms
3.1. The total development fee for the Game shall be {{total_development_fee}} ({{currency}}).
3.2. Payment shall be made in installments tied to the completion of milestones as follows:
- Milestone 1 ({{milestone_1_description}}): {{milestone_1_payment}} ({{currency}}) due on {{milestone_1_due_date}}.
- Milestone 2 ({{milestone_2_description}}): {{milestone_2_payment}} ({{currency}}) due on {{milestone_2_due_date}}.
- Milestone 3 ({{milestone_3_description}}): {{milestone_3_payment}} ({{currency}}) due on {{milestone_3_due_date}}.
- Final Payment upon successful completion and delivery of the Game: {{final_payment}} ({{currency}}).
3.3. All payments shall be made within {{payment_days}} days of receipt of an invoice from the Developer for the completed milestone.
3.4. Overdue payments shall accrue interest at a rate of {{interest_rate}}% per annum.
4. Intellectual Property
4.1. Upon full and final payment of all fees due under this Agreement, all intellectual property rights, including but not limited to copyrights, trademarks, and patents, in and to the Game developed hereunder, shall vest exclusively in the Client.
4.2. The Developer warrants that all materials provided by it or its employees/subcontractors for the Game will not infringe on any third-party intellectual property rights.
4.3. The Client grants the Developer a non-exclusive, royalty-free license to use any pre-existing Developer intellectual property incorporated into the Game, solely for the purpose of developing and supporting the Game for the Client.
5. Confidentiality
5.1. Both Parties agree to keep confidential all proprietary information, trade secrets, and other confidential data disclosed by the other Party during the term of this Agreement and for a period of {{confidentiality_period}} years thereafter.
5.2. Confidential information does not include information that is publicly known, independently developed, or rightfully obtained from a third party without restriction on disclosure.
6. Warranties and Representation
6.1. The Developer warrants that the Game will be developed in a professional and workmanlike manner, free from material defects, and will conform to the specifications outlined in Schedule A for a period of {{warranty_period}} days after official launch or final delivery, whichever is later.
6.2. The Client warrants that it has the full power and authority to enter into this Agreement and to perform its obligations hereunder.
7. Termination
7.1. Either Party may terminate this Agreement by providing {{notice_period}} days' written notice to the other Party in the event of a material breach of this Agreement by the other Party, provided such breach is not remedied within the notice period.
7.2. In the event of termination by the Client without cause, the Client shall pay the Developer for all work completed up to the date of termination, plus any reasonable demobilisation costs.
7.3. In the event of termination by the Developer without cause, the Developer shall refund any advance payments received for work not yet completed.
8. Governing Law and Dispute Resolution
8.1. This Agreement shall be governed by and construed in accordance with the laws of {{governing_law_jurisdiction}}.
8.2. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be decided by arbitration in accordance with the rules of the {{arbitration_institution}} in {{arbitration_city}}.
9. Entire Agreement
9.1. This Agreement, including all schedules attached hereto, constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
Signatures
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
FOR THE CLIENT:
_____________________________
Name: {{client_signatory_name}}
Title: {{client_signatory_title}}
FOR THE DEVELOPER:
_____________________________
Name: {{developer_signatory_name}}
Title: {{developer_signatory_title}}
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