Negotiating Indemnification Clauses in Game Development and Publishing Contracts

Indemnification sits near the end of most game development agreements and gets a fraction of the attention paid to payment terms or IP ownership. When a claim lands, that one paragraph decides who pays. The presenters break down the three moving parts of every indemnification provision: the trigger, the scope, and control of the defense. They cover the patterns that signal a one-sided clause, including first-party claims used to sidestep a liability cap, uncapped obligations, and broader indemnity language buried in an exhibit or schedule. Attendees leave with a checklist for reviewing these provisions and practical language for making obligations mutual without stalling the deal.