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PDF Editor FAQ

What document should be signed if a consultant is leaving the startup before the 1 year cliff period to make sure they dont come back saying they have equity in the company later?

The document you need is a "separation agreement." Your lawyers can easily put this together or you can quickly find it online.The separation agreement will address various areas (non disparagement, confidentiality, etc.) but most important to your question, "release of claims."IF you signed a stock option agreement with the consultant and its states the one year cliff, there should be a line under "release of claims" that states, "You acknowledge that you do not have any interest, or claim to any interest, in the Company, equity or otherwise."IF you did not sign a stock option agreement, I would call your lawyer.DISCLAIMER: I am not a lawyer. You should consult yours before signing anything.

If you were a game developer and a publisher offered to buy your game, would you accept it?

As stated by the very wise Ghost Orange , publishers don’t buy games. They offer to promote games under their popular brand. In some cases they will provide you with other resources such as a testing lab or specialized rendering rigs to expedite production and increase quality. They rarely, but occasionally, will provide significant funding for development. That is money you have to repay with sales before you can turn a profit(plus your own costs before this). Additionally, they will take a larger percentage of sales when they provide financial support. Still, for an Indie studio, that answer should likely be yes. Just make sure it is the right publisher for you. There are predatory publishers out there who don’t pay, fudge the numbers or disappear leaving your game in limbo since you can’t legally release the game on your own after signing an agreement with them.TIP: Invest in a GOOD Intellectual Property lawyer before signing any contract regarding your studio.An important fact here is that most games don’t make money. They lose it. A lot . About 1 in 700 will break even. 1 in 2500 will make a decent amount of money. It’s about 5 in 7500 that make real money each year, for indies.So, if a publisher wanted to buy the IP for your game ask yourself this:Did you buy a license to a popular franchise like Marvel or a movie? If so, MAYBE continue on your own but talk to them about publishing under favorable terms. And make sure your license with the IP doesn’t forbid this or require partner approval.Do you have a enormous following before even releasing an Alpha of the game? Are you a popular game developer from a fantastic commercial release years ago? Are you a celebrity of some sort? If so, risk it on your own. Just be sure you have hired quality staff for production, marketing, PR, and post release support. Consultants are worth it if you don’t have a few commercial releases under your belt.Do you have enough money to continue producing this game for years to come without strong sales? If you are on your own and someone offers you more than you already have spent, strongly consider it. I had an offer of $100k for a game I made before release. I had about $68k invested into it and could have walked away with a profit. Instead I went ahead on my own and lost another $30k over the next 2 years supporting the game post launch. That means I lost the $32k I would have made in profit immediately, I would have saved another $30k I wouldn’t have to spend, and then the opportunity cost(what I could have made working for 2 years instead of supporting a slowly sinking game). I lost 6 figures and I was one of the lucky few who actually sold a good amount of copies of my game. Most won’t.If someone is offering you more money than you have invested, I say take it. If they are offering you even close to what you have spent, I still say take it. You are very likely to lose a lot of money on your game. Learn the business before getting into the business. The numbers are VERY stacked against you, so when someone offers you a chance to check out and start again, really consider it.IF you know the game will be a hit because people from the industry, outside of your team and fans, are telling you so…shop publishers. If you are truly going to benefit from a publishing partner then other publishers will want your game too.

As a foreigner arrested in India, what should one do and expect if they are arrested in India, and is silence until one’s attorney appears feasible?

Ignore all the 3 answers provided earlier. They dispense dangerous advice. Don't attempt to bribe the cops. That by itself is a serious offense.I'm no lawyer. So, here is the advice on the topic from the US Embassy in India. Most of this is common to other citizens living in India.When you are arrested, the police file a First Incident Report (FIR) with the appropriate court describing the charges against you. The police officer must also inform you of the charges. Once in police custody, the police must present you before a court within 24 hours, otherwise the detention would be considered illegal by the Indian constitution. You have the right to have an attorney present during any questioning and the right to remain silent when asked self-incriminating questions.When presented before the court within 24 hours of arrest, the judge will decide whether you will be sent to jail (judicial custody), remain in police custody (police custody), or be granted bail. While you are in police custody, you are allowed to make phone calls in the presence of the police. However, once you are remanded to jail and your case is under investigation, you will likely not be permitted make or receive phone calls. You are, however, allowed to receive visitors during jail visitation hours and have private consultations with your lawyer in jail.Please note that once you are remanded to Judicial Custody, U.S. consular officers must first seek permission from the Indian government to visit you in prison. This permission can take up to a week to obtain.There are two categories under which your crime can be charged: cognizable or non-cognizable. For cognizable charges, the police do not require an arrest warrant. For non-cognizable charges, the police must present a warrant at the time of arrest. If your offense is bailable, the police must inform you that you can be released on bail and the police can grant you bail at the time of arrest. In a non-bailable offense, you must appear before a judge who will decide whether or not to grant you bail.If granted bail, as a foreigner, you will probably need to find someone to stand as surety to sign the bail bond. This means that a family member or friend must guarantee to the court that you will not flee the country after bail and will appear in court when summoned until your case is resolved. The person standing as surety may need to have some immovable property in India (i.e. land, house, etc.). The amount of the bail depends on the judge in accordance with the nature of the crime.The court will also retain your U.S. passport to ensure that you do not flee if granted bail. In rare cases the judge may return your passport to you and allow you to leave the country against payment of an expensive bond.Depending on the nature of the charges against you, investigating police will have 90 days to put together a charge sheetIf you have any medical problems or need medications, you need to inform a U.S. Foreign Service Officer. He or she can get in touch with your family and friends to arrange to have the medications delivered to you. Your family can also create a temporary trust account with the Embassy to transfer money from the U.S. to India in order to cover any expenses you might incur. Money will be deducted from your account only with your authorization, and any balance of funds will be refunded to you upon your release.The Embassy's RoleThe United States Government cannot get you out of jail. The Embassy or Consulates cannot accept custody of you or guarantee your appearance in court. Nor can they post bail for you, act as your legal advisor or pay legal fees for you.After being arrested, the police will ask you if you would like the Embassy to be notified of your arrest. You can ask that the Embassy will not be notified, and at a later date you may change your mind and request that the police do notify us.Arrested persons are not allowed to make telephone calls. If you ask that the Embassy or Consulate be notified, the police will call us on your behalf. You can speak to us by phone if you make a request through the superintendant of the facility in which you are being held. You may charged for the call.What the Embassy/Consulates Can DoVisit you in jail after being notified of your arrest to check on your health and the treatment accorded you by the police;Give you a list of local English-speaking attorneys (you are responsible for paying any lawyers' fees). Indian law does not provide for a free, court-appointed attorney at the early stages of an arrest. The court-appointed lawyer will only be assigned in certain crime cases before indictment, when the case will go to court. If you are not eligible for a court-appointed attorney before indictment, you are still eligible for a court-appointed attorney after indictment when the case will go to court.Make sure the police are aware of any medical conditions you have (for example, diabetes, seafood allergies, etc.), and request that you been seen by a doctor;Work with local authorities to ensure that your rights under Indian law are fully observed, to include protesting any mistreatment or abuse;Supply you with English-language reading material subject to prison regulations;Notify your family and friends of your arrest, relay requests for financial assistance, provided you authorize the consul to do so.We are required to gather certain information when we visit an American in jail. Here is a list what information we collect.Source: Embassy of the United States

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