Contract template for game developers
Game contracts fail at the milestone review. The studio says the alpha is not really alpha; the developer says the features on the list are all in. A contract that lists what each build must contain, gives the studio a fixed window to review it, and defines what a rejection has to say, removes most of that argument.
Then there is what happens after release. Who owns the code and assets, whether you can reuse your own systems in your next game, how a revenue share is calculated and reported, and whether your name goes in the credits. Each is easy to agree at the start and hard to fix later.
Not legal advice. This is a plain-language starting point, not a contract drafted for your situation or your country. For anything large or unusual, have a lawyer where you work read it before you sign.
Clauses specific to game developers
- Milestone approval. The client reviews each milestone build within 10 working days. A rejection must list the missing or broken items from the milestone definition. Approved milestones are invoiced and closed.
- Ownership of code and assets. On payment, game-specific code and assets made for the project belong to the client. The developer keeps its general tools, frameworks and systems and may reuse them, with a licence to the client to use them in this game.
- Engine and middleware. The client holds and pays for the engine, middleware and platform licences, including any engine royalties on revenue. The developer works under the client's licences.
- Revenue share. Where a revenue share applies, the client reports net revenue and pays the developer's share quarterly, with a statement showing how it was calculated.
- Scope and overtime. Features added or reworked after milestone approval are change requests and are priced before work starts. Requests to compress the schedule are billed at the agreed day rate for the extra days.
- Credits. The developer is credited in the game and its store listing under the name and role it provides.
The clauses every freelance contract needs
- Parties. Who the agreement is between: your legal name or business, the client's legal entity, and the addresses of both.
- Scope of work. What you will deliver, in what form, and what is explicitly not included. Refer to the quote or proposal by number if it lists the details.
- Fees and payment terms. The total fee or rate, the currency, any deposit, when invoices are issued and how many days the client has to pay.
- Late payment. What happens when an invoice is late: interest or a fixed fee if you want one, and your right to pause work until the account is settled.
- Changes and revisions. How many revision rounds are included, what counts as a change of scope, and how extra work is priced and approved.
- Timeline and client delays. Key dates, and that deadlines move when the client is late with feedback, content or approvals.
- Ownership and licence. Who owns the finished work and when (usually on full payment), what the client may use it for, and what you keep, such as your tools, templates and know-how.
- Confidentiality. Both sides keep the other's non-public information private, during the project and after it.
- Cancellation. How either side can end the agreement, the notice required, and payment for work done up to that point.
- Liability. A cap on what either side can claim, often the fees paid under the agreement, and no liability for indirect losses.
- Governing law. Which country's law applies and where disputes are heard. Usually where you are based.
A plain-language sample
Copy it, fill in the brackets, and cut what doesn't apply. Shorter is fine as long as the scope, the money and the rights are clear.
1. Parties
This agreement is between [Your name or business], the game developer ("we"), and [Client legal name], the client ("you"), and starts on [date].
2. The work
We will deliver the work described in quote [number], dated [date]. Anything not listed there is outside this agreement and will be quoted separately before we start on it.
3. Milestone approval
The client reviews each milestone build within 10 working days. A rejection must list the missing or broken items from the milestone definition. Approved milestones are invoiced and closed.
4. Ownership of code and assets
On payment, game-specific code and assets made for the project belong to the client. The developer keeps its general tools, frameworks and systems and may reuse them, with a licence to the client to use them in this game.
5. Engine and middleware
The client holds and pays for the engine, middleware and platform licences, including any engine royalties on revenue. The developer works under the client's licences.
6. Revenue share
Where a revenue share applies, the client reports net revenue and pays the developer's share quarterly, with a statement showing how it was calculated.
7. Scope and overtime
Features added or reworked after milestone approval are change requests and are priced before work starts. Requests to compress the schedule are billed at the agreed day rate for the extra days.
8. Credits
The developer is credited in the game and its store listing under the name and role it provides.
9. Fees and payment
The fee is [amount and currency]. We invoice [a deposit of X on signing and the balance on delivery / monthly in arrears]. Invoices are due within [14] days. If an invoice is more than [14] days late we may pause work until it is paid.
10. Changes
The quote includes [number] rounds of revisions. Further changes, or changes to work you have already approved, are charged at [rate] once you have agreed to the cost in writing.
11. Delays
Dates in the quote assume you send feedback and material on time. If you are late, the dates move by at least the same amount.
12. Confidentiality
We both keep the other's non-public information confidential, during this project and after it ends.
13. Ending the agreement
Either of us can end this agreement with [14] days' written notice. You pay for the work done up to the end date, and anything already paid for is yours to use under the terms above.
14. Liability
Neither of us is liable for indirect or consequential losses. Our total liability under this agreement is limited to the fees you have paid under it.
15. Law
This agreement is governed by the law of [country], and disputes are heard by the courts of [city or country].
Signatures
Game developer: [name, date]. Client: [name, title, date].
Questions game developers ask
Who owns the game code a freelancer writes?
Whatever the contract says. Studios usually want game-specific code and assets assigned to them. Freelancers usually keep their reusable systems and license them into the game. Write both halves down.
Who pays engine royalties on a game?
The party that publishes the game and earns the revenue, normally the studio or publisher. Your contract should say that engine and platform fees are the client's, so they are not quietly deducted from your share.
How do I protect a revenue share in a game contract?
Define what revenue the share is calculated on, how often it is paid, what statements you receive and whether you can ask to check them. A share without reporting terms is very hard to collect.
Get it signed without printing it
OIO has contract templates built in (service agreement, retainer, IP assignment, NDA) that you edit to fit, sign in the Sign app and send as a PDF. The contract sits next to the project and its invoices. Free plan, no card.
Start freeAlso for game developers: invoice template and quote template. Contract templates for related trades: 3D artists, software developers, animators, music producers. Or browse all contract templates.