Game Publishing Agreement Template

What is a game publishing agreement?

A publisher can give an indie studio funding, QA, platform relationships and a marketing budget it could never manage alone. In return it takes a large share of revenue until its investment is recouped, and often a say over the game's future. The details matter enormously: what counts as net revenue, what the publisher can recoup, who owns the IP, and what happens if the game is never released or the publisher stops paying.

This template grants the publisher exclusive publishing rights on named platforms and territory, either with the studio keeping ownership or with ownership transferring after the final milestone. It sets optional development funding paid on accepted milestones with a review period and deemed acceptance, the publisher's certification and marketing commitments with an optional minimum spend, and a narrow net revenue definition. The developer's share steps up after recoupment, recoupment comes only from revenue, and marketing costs are recoupable only up to a cap you set. Quarterly statements, an audit right, ports offered first to the developer, a first chance at sequels and clear reversion triggers complete it.

When to use a game publishing agreement

• A three-person studio signing a funded deal for a console and PC release
• A finished game signed for marketing and porting only, with no development funding
• A publisher standardising its indie deal terms for a new label
• A studio renegotiating an informal handshake deal before launch
• A developer that wants guaranteed reversion if the publisher sits on the game

What you fill in

23 blanks, then the name and email of each person who signs: publisher, developer.

What the game publishing agreement covers

1. Publishing rights
2. Development and milestones
3. The Publisher's commitments
4. Revenue share and recoupment
5. Reporting and audit
6. Warranties
7. Ports, updates and sequels
8. Term and reversion of rights
9. General

Using the game publishing agreement, step by step

1 Describe the game and the platforms

Enter the title, a short description referring to your design document, the launch platforms, territory and target release window.

2 Set funding and milestones

If the publisher funds development, enter the total and list each milestone with its date, contents and payment. Choose how many days the publisher has to review each one.

3 Agree marketing and the revenue share

List the publisher's marketing commitments and any minimum spend and recoupable marketing cap. Enter the developer's share before and after recoupment.

4 Decide rights and reversion

Choose whether the developer keeps the IP, set the publishing term and the release deadline after the final milestone is accepted, then send for signature.

Tips before you send it

• Net revenue definitions are where deals are won and lost. Keep deductions to platform fees, refunds, chargebacks and sales tax, as this template does.
• Write milestone descriptions that someone else could check. Vague milestones lead to disputes about acceptance and payment.
• Platform holders have their own developer and publisher agreements. Check who needs to hold which accounts before you sign.
• Have a lawyer familiar with games review any deal that transfers your IP or ties up sequels.

Game publishing agreement: frequently asked questions

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This template is a general starting point, not legal advice. Laws differ between countries and states — have a lawyer review the agreement for your situation before you rely on it. Page last reviewed 2026-10-25.