Sayuri Studios Distribution

[DaFool]

I can't see selling your average lemmasoft game bringing in a +$750 profit over one weekend at otakon, even if you offered a very very wide variety of games. They're barely on par with a badly drawn amateur doujin sold in the art alley, and even those guys sell for practically nothing ($3-$10 dollars for a 10-40 page comic).

Did you even check the games she's currently offering?

http://games.sayuristudios.com/category/games/

They're not your "average lemmasoft game". In fact, most of them come from multi-year veterans or notables in the general indie scene (i.e. featured on indiegame blogs or casual sites).

The OP is posting here because she is recruiting specifically from VN/Sim creators, to add to her catalog. Every indie knows that you can't sustain a business on one product alone (unless you're Minecraft). Potential clients are those already currently making commercial-quality games (kinougames, etc.) and even former free "mediocreware" devs like myself who found that shelling out money for professionals can get a job done more easily than grasping at straws trying to find people who care about project to work for free or royalty-based (rarely happens).

[sake-bento]

It largely depends on the convention as well. There are some smaller ones with dealers tables that range in the $200 area. Making more than $200 over a weekend is pretty reasonable.

There are also lots of difficulties in setting up in Artist's Alley based on how much you actually created, hence the need for some sort of legal proof of the right to sell. There's actually one con in a nearby city where I wouldn't be allowed to sell Jisei in Artist's Alley even though I wrote and produced it, because they only allow me to sell something that I did all the art components for, and Deji was the artist.

I agree, it depends on the convention, but conventions do have a tendency to err on the side of what's safest for them, and that means cutting out people if they're unsure about. There are enough people vying for tables in the dealer's room and Artist's Alley that it's no loss to them to just drop one person and bring in someone else from the waiting list.

[jack_norton]

There are also lots of difficulties in setting up in Artist's Alley based on how much you actually created, hence the need for some sort of legal proof of the right to sell. There's actually one con in a nearby city where I wouldn't be allowed to sell Jisei in Artist's Alley even though I wrote and produced it, because they only allow me to sell something that I did all the art components for, and Deji was the artist.

Ugh those seems some silly restrictions to me
As for the OP question the last PDF you uploaded seems ok to me. I compared to some contracts I got in the past from big companies like Gamersgate, Impulse (even if they never put my games for sales! lol), etc

A thing you might want to clarify better is the definition of royalty and net revenues. Of course that depends if you manufacture or not the CDs yourself, but when you make final contracts with people you need to state what are net revenues.
Another point is game pricing, while it might seem obvious you should state that you can't change the CD price without first agree with publisher (or mutual agreement). There might be some circumstances where you might want to lower/raise it (mostly lower though).

Apart this I think should be ok, the contract I've seen are much more complex with lots of clauses but most of them regard the "law" aspects, I quote some points below I've seen on other contracts, but I really don't know/think if you should go so deep:

LIMITATION OF DAMAGES. NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GOVERNING LAW. This Agreement shall be governed by, and construed in accordance with, as to all matters, including, without limitation, validity, construction and effect, the laws of the State of Michigan and, as applicable, the laws of the United States of America, notwithstanding any conflicts of laws principles of any other jurisdiction.

SEVERABILITY. If any term or provision of this Agreement is deemed unenforceable or illegal as to any event or person, it shall be deemed severed from this Agreement, and the balance of this Agreement shall be enforced to the greatest extent possible.

PRONOUNS. Use of the singular pronoun or word shall include the plural where appropriate, and vice versa. Use of the male pronoun shall include the female and neuter genders, and vice versa.

SUCCESSORS. This Agreement and all covenants and conditions made and entered into by the par­ties hereto shall inure to the benefit of and shall be binding upon their respective successors and permitted assigns, subject to the restrictions on assignment stated above.

1.5.COUNTERPARTS. This Agreement may be executed and delivered in one (1) or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one (1) and the same instrument. Further, this Agreement may be executed and delivered by the parties via electronic transmission, including fax and e-mail.

[littleramyun]

Actually, I'm not consulting about Dealer's Room vs Artist Alley, I've done my own research, so I'd rather return to the topic of contracts.

A thing you might want to clarify better is the definition of royalty and net revenues. Of course that depends if you manufacture or not the CDs yourself, but when you make final contracts with people you need to state what are net revenues.
Another point is game pricing, while it might seem obvious you should state that you can't change the CD price without first agree with publisher (or mutual agreement). There might be some circumstances where you might want to lower/raise it (mostly lower though).

Yes, final contracts will differ on those parts depending on what we agree on.

Added to Game Terms:
"Price: Distributor must adhere to the Game Price as stated in the Game Details Appendix. Distributor may offer a discount for the use of promotion of sales as defined in the Game Details Appendix."

Added to Game Details Appendix:
"3. Price
4. Maximum Discount Allowed"

[littleramyun]

Some new info up.

AA would be at AnimeExpo, San Japan, and A-Kon.