Ok so im writing an NDA and Asset, Termination and Payment Contract for teammates to sign and I think they’re fair and shouldn’t contain any loopholes but what do you think? I decided to write my own because the official one, although very professional, are very wordy and can be hard to understand. I tried to keep mine written in formal english and to the point.
Here is the Asset, Termination and Payment Contract this contract basically says that if you make us assets they are property of creator and distributor unless you quit or desert the team in which case your assets become ours and you dont get paid, but you still get credited for the creation, this is written like this so that if anything happens to the creator we can still move foreward with the project without interruptions, because someone as vital as say a programmer or character modeler or asset modeler etc, quitiing on you would devistate your project especially one thats large and complex such as mine, especially if they had most of the work done, starting over would not be good, this contract protects us from that mess.
THUNDER MOUNTAIN GAME STUDIOS ASSET, TERMINATION AND PAYMENT CONTRACT
Version 1 – 11/03/2011
Version 2 – 12/21/2011
Version 3 – 5/8/2014
This contract states the terms of business while working for Thunder Mountain Game Studios.
SECTION ONE: DEFINITION OF ASSETS
Assets can include anything that is created for any of our games or company, this includes but is not limited to: weapons, levels, textures, scripts, vehicles, sounds, characters, animations, software etc.
S1 Part A - Ownership of Distributed Assets
A distributed asset is any asset that you have made and has been sent to us. By sending us assets they become mutual property. Mutual Property means that while working with Thunder Mountain Game Studios, assets are property of the creator and TMGS unless Section Two Parts A – C apply, in which case asset rights are transferred from mutual ownership to distributor(TMGS) only.
S1 Part B - Asset Rights
Even though assets sent to us become our property, you still retain the rights to be paid for the assets you create through some form of post launch compensation (eg. royalties (see Section 3 Part A - C) ONLY IF Section 2 Parts A - C DO NOT apply. However even if Section 2 Parts A - D apply to you, you will still be credited as their creator(s). These rights will NOT be violated by us.
SECTION TWO: CONDITIONS FOR TERMINATION
S2 Part A - Termination
If you prove to be an unproductive member of the team, are persistently rude, degrading or hurtful to fellow team mates you will be warned ONCE to stop, if you persist you will be terminated from the project and will never work for us again.
S2 Part B - Desertion
If we do not hear from you within 2 weeks and we have attempted to contact you 3 times, you are assumed to have deserted the team and will be officially terminated from the team forever.
S2 Part C - Extended Absences
Here at TMS Games we only want dedication, we understand that people have lives to live and they have jobs to do, but if you make a commitment to us it is expected to be kept. If you say your going to help and we don’t hear from you for several weeks at a time you will be warned. You get THREE warnings. After that you will be fired from the team. We expect you to keep in frequent touch with us at least once a week and inform us of what is going on with the assets you are creating. If you have a busy schedule we need to know that as well. We are more than willing to make exceptions for people who are very busy.
S2 Part D - Voluntary Termination
If you are unable to continue working with us due to personal issues or disinterest, please let us know. However all parts in Section One still apply. If you have persona troubles and cannot continue working you will still be payed for the work you have put in.
SECTION THREE: PAYMENT
S3 Part A - Royalties
Currently, royalties are the only form of payment that we offer. We cannot and will not negotiate any other form of payment types.
S3 Part B - Distribution of Payment
Payment will be distributed through Pay-Pal ONLY. We do not send check’s or wire money.
S4 Part C – Payment Calculation
Payment will be calculated based on assets used in the game and the amount of work put into them. All payment will be calculated by someone with experience in handling large scale payment distribution to ensure fair distribution in gross generated income.
I ____________________________________ agree to all terms and conditions above.
This is the NDA, strictly for verbal, written and typed information pertaining to the project. I’m not so confident on this one, is there anything missing? I dont think its strong enough any suggestions?
THUNDER MOUNTAIN GAME STUDIOS NON DISCLOSURE AGREEMENT
This Non Disclosure Agreement is a mutual agreement between Thunder Mountain Game Studios and _______________________ for the purpose of preventing the unauthorized disclosure of written, typed, or verbally communicated confidential Information as defined below.
- Definition of Confidential Information.
Confidential information includes but is not limited to information that pertains to Thunder Mountain Game Studios ongoing projects such as story, ideas, design document info, art
- Use of Confidential Information.
Confidential information may only be made public with express written permission of TMGS Project Managers. Confidential information may only be discussed with other TMGS teammates. Confidential information can be made public by any TMGS project manager at any time. Some confidential information may be released for team member recruitment purposes.