Company Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
Parties to the Agreement
This Video Game Development Agreement ("Agreement") is made and entered into on this {{date_of_agreement}} day of {{month}}, {{year}}, by and between:
**{{developer_company_name}}**, a company duly incorporated under the laws of {{developer_company_jurisdiction}}, with its principal place of business at {{developer_company_address}} (hereinafter referred to as "Developer"); and
**{{client_company_name}}**, a company duly incorporated under the laws of {{client_company_jurisdiction}}, with its principal place of business at {{client_company_address}} (hereinafter referred to as "Client").
Collectively referred to as the "Parties" or individually as a "Party".
Scope of Work
The Developer agrees to develop a video game (hereinafter referred to as "the Game") for the Client, in accordance with the specifications outlined in Schedule A (Game Design Document) attached hereto and incorporated by reference.
The scope of work includes, but is not limited to, game design, programming, art assets, sound design, testing, and deployment assistance.
Any changes to the scope of work must be agreed upon in writing by both Parties and may result in adjustments to the development schedule and fees.
Payment Terms
Client agrees to pay Developer a total fee of {{total_fee_amount}} ({{total_fee_currency}}) for the development of the Game. The payment schedule shall be as follows:
1. **Upfront Payment:** {{upfront_payment_percentage}}% ({{upfront_payment_amount}}) upon signing this Agreement.
2. **Milestone Payments:** Payments tied to the completion of specific milestones as detailed in Schedule B (Payment Schedule and Milestones) attached hereto.
3. **Final Payment:** The remaining balance of {{final_payment_percentage}}% ({{final_payment_amount}}) upon final delivery and acceptance of the Game.
All payments shall be made within {{payment_due_days}} days of receiving an invoice from the Developer.
Late payments may incur interest at a rate of {{interest_rate_percentage}}% per month.
Intellectual Property Rights
Upon full 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, including all source code, art assets, sound, and documentation, shall be exclusively owned by the Client.
The Developer retains no rights to the Game or any of its components, except for any pre-existing intellectual property owned by the Developer prior to this Agreement, which shall be clearly identified in Schedule C (Pre-existing IP) and licensed to the Client for use in the Game.
The Developer warrants that the Game will not infringe upon the intellectual property rights of any third party.
Confidentiality
Both Parties agree to keep confidential all non-public information, including but not limited to trade secrets, business plans, and technical data, disclosed during the term of this Agreement.
This obligation of confidentiality shall survive the termination of this Agreement for a period of {{confidentiality_period_years}} years.
Warranties and Representations
The Developer warrants that it has the necessary skills, experience, and resources to perform its obligations under this Agreement.
The Developer warrants that the Game will be developed in a professional manner and will be free from material defects for a period of {{warranty_period_days}} days following final acceptance.
The Client warrants that it has the legal authority to enter into this Agreement and will provide all necessary information and cooperation to the Developer.
Limitation of Liability
Neither Party shall be liable to the other for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, arising out of or in connection with this Agreement.
The total liability of the Developer to the Client for any and all claims arising out of this Agreement shall not exceed the total fees paid by the Client to the Developer under this Agreement.
Termination
Either Party may terminate this Agreement upon written notice if the other Party materially breaches any provision of this Agreement and fails to cure such breach within {{cure_period_days}} days of receiving written notice thereof.
Upon termination, the Client shall pay the Developer for all work satisfactorily completed up to the effective date of termination.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of {{governing_law_jurisdiction}}.
Any dispute, controversy, or claim arising out of or in connection with this Agreement, including its existence, validity, or termination, shall be resolved through good faith negotiations between the Parties.
If the Parties are unable to resolve the dispute amicably, it shall be referred to mediation in {{mediation_location}} in accordance with the rules of {{mediation_body}}.
If mediation is unsuccessful, the dispute shall be finally settled by arbitration in {{arbitration_location}} in accordance with the rules of {{arbitration_body}}.
Entire Agreement
This Agreement, together with its Schedules, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.
Signature Block
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
_____________________________
Developer Signature
Name: {{developer_signatory_name}}
Title: {{developer_signatory_title}}
_____________________________
Client Signature
Name: {{client_signatory_name}}
Title: {{client_signatory_title}}
Related templates
Preliminary Acceptance of Product for Resale
This template is used by a reseller to formally acknowledge the preliminary acceptance of a product from a supplier, prior to final acceptance and payment. It outlines the terms of acceptance, inspection, and any initial discrepancies.
Diligence Confidentiality Protocol
Protocol governing handling, distribution, and destruction of confidential diligence materials.
Diligence Findings Memo
Internal diligence findings memo with material issues and recommended deal adjustments.
Non-Disclosure Agreement (Mutual M&A)
Mutual NDA tailored for M&A discussions with non-solicit and standstill optional.