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Game Development Agreement Template for New Zealand

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Key Requirements PROMPT example:

Game Development Agreement

"I need a Game Development Agreement for my indie studio to develop a mobile puzzle game for a major publisher, with milestone payments and revenue sharing arrangements, including specific provisions for Unity engine usage and App Store compliance."

Document background
The Game Development Agreement serves as a crucial legal framework for parties engaging in video game development projects in New Zealand. This document is essential when a game developer or development studio is commissioned to create a video game for a client, publisher, or platform owner. It comprehensively addresses key aspects of the development process, including project scope, intellectual property rights, milestone deliverables, payment structures, and quality requirements. The agreement is specifically tailored to comply with New Zealand legislation, including the Copyright Act 1994, Contract and Commercial Law Act 2017, and relevant digital content regulations. It's particularly important for protecting both parties' interests in the rapidly evolving gaming industry, where clear delineation of rights and responsibilities is essential for successful project completion.
Suggested Sections

1. Parties: Identification of the contracting parties - typically the game development studio/developer and the client/publisher

2. Background: Context of the agreement, including the client's desire to develop the game and the developer's expertise and capabilities

3. Definitions: Detailed definitions of technical terms, project-specific terminology, and key concepts used throughout the agreement

4. Scope of Services: Detailed description of the game development services to be provided, including core features and functionalities

5. Development Process: Overview of the development methodology, phases, and approval processes

6. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing IP, newly created IP, and third-party assets

7. Payment Terms: Fee structure, payment schedule, milestone payments, and any revenue sharing arrangements

8. Delivery and Acceptance: Criteria for delivery, acceptance testing procedures, and handling of defects or revisions

9. Warranties and Indemnities: Developer's warranties regarding quality, originality, and non-infringement; mutual indemnification provisions

10. Confidentiality: Protection of confidential information, trade secrets, and proprietary materials

11. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination

12. General Provisions: Standard legal provisions including governing law, dispute resolution, and force majeure

Optional Sections

1. Third-Party Materials: Specific provisions for incorporating third-party assets, tools, or middleware - include when the game will use significant third-party components

2. Open Source Software: Provisions regarding the use of open-source software and compliance with licenses - include when open-source components will be used

3. Platform Requirements: Specific requirements for particular gaming platforms or app stores - include when developing for specific platforms

4. Localization: Requirements and processes for game localization - include when the game will be released in multiple languages/regions

5. Marketing and Promotion: Rights and obligations regarding game marketing - include when the developer has marketing responsibilities

6. Post-Launch Support: Maintenance, updates, and support obligations after launch - include when post-launch services are part of the scope

7. Revenue Sharing: Detailed revenue sharing mechanisms - include when the compensation model includes revenue sharing

8. Beta Testing: Procedures and requirements for beta testing - include when formal beta testing is planned

Suggested Schedules

1. Game Design Document: Detailed specifications of the game, including gameplay mechanics, features, and technical requirements

2. Development Milestones: Specific development milestones, deliverables, and associated acceptance criteria and payment schedules

3. Technical Specifications: Detailed technical requirements, including platforms, programming languages, and performance specifications

4. Asset List: Comprehensive list of game assets to be created or licensed, including artwork, music, and sound effects

5. Quality Assurance Standards: Testing requirements, bug classification system, and acceptance criteria

6. Payment Schedule: Detailed breakdown of payment amounts, milestone triggers, and payment terms

7. Third-Party Licenses: List of third-party software, tools, and assets to be used in the game, with associated licenses

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

















































Clauses








































Relevant Industries

Gaming

Software Development

Entertainment

Digital Media

Technology

Interactive Entertainment

Creative Arts

Digital Entertainment

Mobile Applications

Virtual Reality

Relevant Teams

Legal

Development

Production

Creative

Business Development

Finance

Operations

Technical

Quality Assurance

Intellectual Property

Compliance

Commercial

Relevant Roles

Game Developer

Legal Counsel

Contract Manager

Project Manager

Creative Director

Technical Director

Business Development Manager

IP Rights Manager

Production Manager

Studio Head

Chief Technology Officer

Chief Executive Officer

Development Director

Publishing Director

Operations Manager

Finance Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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