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Video Game Development Agreement template
Video Game Development Agreement sample


What is Video Game Development Agreement?

Video Game Development Agreement An agreement outlining the development of a video game, specifying project scope, milestones, fees, and intellectual property rights.



Sample template:



Video Game Development Agreement


This Video Game Development Agreement (the "Agreement") is entered into as of the _____ day of ___________, 20___ (the "Effective Date") by and between Ethan Knight ("Client") and Lucas Stone, an independent game developer ("Developer"). The parties agree as follows:

1. Scope of Work

1.1. Project Description


Developer shall design, develop, and deliver to Client a video game (the "Game") in accordance with the specifications outlined in Exhibit A (the "Specifications") attached hereto and incorporated herein by reference. Developer shall provide all necessary services, materials, and deliverables to complete the Game in a professional and workmanlike manner, consistent with industry standards.



2. Milestones and Schedule

2.1. Milestones


The Game shall be developed and completed in accordance with the milestones and deadlines defined in Exhibit B (the "Milestones") attached hereto and incorporated herein by reference. Developer shall provide periodic milestone updates and deliverables to Client as specified in the Milestones.



3. Fees and Payment

3.1. Fees


Client shall pay Developer a total sum of $_____ (the "Fees") for the satisfactory completion of the Game. The Fees shall be payable in accordance with the payment schedule defined in Exhibit C (the "Payment Schedule") attached hereto and incorporated herein by reference. All payments shall be made in United States currency.



4. Intellectual Property Rights

4.1. Grant of Rights


Subject to Developer's receipt of all Fees due hereunder, Developer hereby grants to Client an exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide license in and to all intellectual property rights in the Game, including without limitation, all rights to reproduce, distribute, publicly perform, publicly display, create derivative works of, and otherwise use the Game in any medium and for any purpose, whether now known or hereafter devised (the "License").


4.2. Reservation of Rights


Developer shall retain all rights in and to any pre-existing materials, designs, software, source code, or other works of authorship owned or licensed by Developer and incorporated into the Game, including any improvements or enhancements thereto (collectively, the "Developer Materials"). Client shall have no rights in or to the Developer Materials, except for a non-exclusive, non-transferable, revocable license to use the Developer Materials solely in connection with the Game.



5. Testing and Acceptance

5.1. Testing


Upon completion of the Game, Developer shall provide Client with a final, fully functional version of the Game for testing and evaluation. Client shall have ____ days from receipt of the Game to review, test, and provide written notice to Developer of any defects, errors, or other issues requiring correction (the "Testing Period").


5.2. Acceptance


If, at the end of the Testing Period, Client has not provided Developer with written notice of any defects, errors, or other issues requiring correction, the Game will be deemed accepted by Client. If, during the Testing Period, Client provides Developer with written notice of any defects, errors, or other issues requiring correction, Developer shall diligently correct such issues and provide a revised version of the Game to Client for further testing. This process shall continue until the Game is accepted by Client in accordance with this Section 5.2.



6. Representation, Warranties, and Indemnification

6.1. Developer Representations and Warranties


Developer represents and warrants that (a) Developer has the right to enter into this Agreement and perform its obligations hereunder; (b) Developer will comply with all applicable laws, rules, and regulations in performing its obligations under this Agreement; and (c) the Game, and the exercise by Client of its rights therein, will not infringe, misappropriate, or violate the intellectual property or other rights of any third party.


6.2. Client Representations and Warranties


Client represents and warrants that (a) Client has the right to enter into this Agreement and perform its obligations hereunder; and (b) Client will comply with all applicable laws, rules, and regulations in performing its obligations under this Agreement.


6.3. Indemnification


Each party shall defend, indemnify, and hold harmless the other party, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to any breach of such party's representations or warranties under this Agreement.



7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles. Any disputes arising out of or in connection with this Agreement shall be resolved by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.



8. Entire Agreement

This Agreement, together with all exhibits and attachments hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements, whether written or oral. This Agreement may only be amended in writing, signed by both parties.



IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

___________________________ ___________________________
Ethan Knight (Client) Lucas Stone (Developer)

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Main Sections of a Video Game Development Agreement


In this Video Game Development Agreement, you will see the following sections:

  1. Scope of Work
  2. Milestones and Schedule
  3. Fees and Payment
  4. Intellectual Property Rights
  5. Testing and Acceptance
  6. Representation, Warranties, and Indemnification
  7. Governing Law
  8. Entire Agreement


About each Section - Analysis and Summary:

  1. Scope of Work : This section describes the project, which is the development of a video game. The developer must follow the specifications provided in Exhibit A and complete the game professionally and according to industry standards.

  2. Milestones and Schedule : The game development process is divided into milestones and deadlines, as detailed in Exhibit B. The developer must provide updates and deliverables to the client according to these milestones.

  3. Fees and Payment : The client will pay the developer a total sum for the completion of the game. The payment schedule is outlined in Exhibit C, and all payments must be made in US currency.

  4. Intellectual Property Rights : The developer grants the client an exclusive license to use the game's intellectual property rights. However, the developer retains rights to any pre-existing materials used in the game, and the client can only use these materials in connection with the game.

  5. Testing and Acceptance : The developer will provide a final version of the game for the client to test. The client has a set number of days to report any issues, after which the game is considered accepted. If issues are reported, the developer must fix them and provide a revised version for further testing until the game is accepted.

  6. Representation, Warranties, and Indemnification : Both parties make certain promises about their rights and compliance with laws. Each party agrees to defend and indemnify the other against any claims or damages resulting from a breach of these promises.

  7. Governing Law : The agreement is governed by US law, and any disputes will be resolved through arbitration under the rules of the American Arbitration Association.

  8. Entire Agreement : This document, along with its exhibits and attachments, represents the entire agreement between the parties and supersedes any previous agreements. Any changes must be made in writing and signed by both parties.

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