When negotiating a video game publishing agreement, developers often come across both a short form agreement and a long form agreement. This can be confusing at first, but there is a practical reason behind it: publishers and developers want to make sure they agree on the key commercial terms before negotiating the fine print of a publishing contract. Understanding the difference between these two types of contracts, and the risks of signing too quickly, is essential for any developer entering a publishing deal.
What are short form and long form agreements?
The short form agreement is the result of a high-level negotiation of the video game publishing agreement. It does not include every legal detail, but serves as a summary or snapshot of the most important terms. Its purpose it to confirm whether the developer and the publisher are on the same page regarding the core commercial elements of the deal, such as development funding, revenue share, and release platforms.
Whether a short form agreement is legally binding depends entirely on its wording. Sometimes, the document explicitily states it is “non-binding,” but that is not always the case.
The long form agreement, on the other hand, is the complete version of the contract. It includes all the legal clauses that govern the relationship between the developer and publisher, covering topics like milestone schedules, royalty payments, marketing obligations, and intellectual property. Once signed, it fully replaces any earlier drafts or short forms.
Why use a short form agreement?
Contract negotiations can take considerable time. Before investing that time, both parties want to confirm that they fundamentally agree on the key terms of a collaboration, such as the development funding, the revenue share and the platforms on which the game will be released.
A short form agreement can make that process more efficient. It helps prevent unnecessary discussions later and allows the parties to start collaborating earlier, even before every legal detail is finalized. For instance, a developer might begin preparing milestones or marketing materials while the long form agreement is still being drafted.
However, even though this approach feels practical, developers should always be aware of what they’re signing, because the details can matter more than expected.
Points of attention when using short form agreements
Signing too quickly can weaken your position
Developers sometimes sign a short form agreement without much hesitation, especially if it is presented as “non-binding.” But whether or not it truly is non-binding depends entirely on the exact contract language.
Even if a short form has no legal force, signing too casually can still weaken your position during later negotiations. A publisher may treat the signed document as an informal commitment and resist revisiting terms you thought were still negotiable. We have seen many examples where developers tried to renegotiate clauses already included in the short form agreement, only to face friction and delays.
Ensure short form terms carry over into the definitive agreement
It is crucial to make sure that the terms agreed upon in the short form are included in the final, long form agreement. This may sound obvious, but it becomes particularly important when the long form agreement includes an ‘entire agreement clause’.
This clause typically states that “this agreement replaces all other oral and written agreements we have made before this agreement with regards to the same topic.” When that happens, the short form agreement is effectively replaced and no longer relevant. Any terms left out of the long form are lost and cannot be enforced anymore.
Carefully review both documents to confirm that every important term, especially those about payment structures, revenue recoup, and intellectual property rights, is explicitly carried over.
Before you sign: summary and next steps
Short form agreements are useful tools for aligning on the key commercial terms before drafting the full contract. But they should be treated lightly. Even when labeled “non-binding,” they can shape expectations and influence the negotiation process.
As a developer, take the time to review every clause, understand what commitments you are signaling, and ensure that all agreed terms appear in the long form. When in doubt, get legal guidance before you sign: your future flexibility may depend on it.
Next up, we’ll look at licenses – an essential clause that defines who actually owns the rights to your game and how those rights are transferred or shared between developer and publishers.