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[Archived] First Page of Apogee and Collision Entertainment's Contract for a Max Payne Movie

 In November 2025, Scott Miller (founder of Apogee) published on social media the first page of the legal agreement with Collision Entertainment for a Max Payne film. Dated for July 12th 2001, the paperwork would later lead to the 2008 film starring Mark Wahlberg. With the agreed-upon sum of $25,000 ($46,000 today), it would go on to have a production budget of $35 million and later grossed $85.8 million. While we don't typically tend to cover the film adaptation, we do cover Remedy's development of the first two Max Payne games, from which the contract was made.

Accompanying the image, Miller posted, "Here's the first page of the agreement that gave Collision Entertainment the right to make a Max Payne film (which eventually released in 2008). Note that this agreement is dated about six months before Max 1 released. Collision, lead by Scott Faye, saw Max demo'ed at E3 in 2000 and loved the character and storyline enough to work a deal to grab the film rights. To this day Apogee still works with Scott Faye--he wrote and produced the Turbo Overkill digital comic for us most recently, revealing the background to several characters in that game."








JUL-12-2001      23:45       MIRAMAX     323 822 4343     P.03/27

Collision Entertainment LLC
445 S. Beverly Drive
Suite #310
Beverly Hills, California 90212


As of December 19, 2000

APOGEE SOFTWARE, LTD.
d/b/a 3-D Realms Entertainment
3960 Broadway Boulevard
Garland, Texas 75043
Attention Scott Miller
                VP of Action Entertainment

Re: "Max Pyne" - Option/Purchase Agreement

Ladies and Gentlemen:

This letter confirms the principal terms of the agreement ("Agreement") reached as of the date first written above by and between on the one hand, Collision Entertainment LLC ("Collision") and, on the other hand, Apogee Software, Ltd. d/b/a 3-D Realms Entertainment (hereinafter "Owner") for entitled "Max Payne" created by Owner, and all derivative works based thereon (the "Property"), other than the reserved rights (as set forth in paragraph 2.e. below), in connection with Collision's development and possible production of a motion picture (whether intended for exhibition theatrically, non-theatrically, on television or otherwise) based thereon (the "Picture"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:


1.     Conditions Precedent: Collision shall have no obligations under this Agreement unless and until: (1) Collision has reviewed and approved (in the exercise of its sole discretion) the chain-of-title for the Property; and, (ii) Collision has received a fully-executed copy of each of this Agreement and attached exhibits. The Short-Form Assignment attached hereto shall not be recorded or effective unless and until, if ever, Collision has exercised the "Option" (as defined below), at which time, but not before, Collision shall have the right to insert therein, as the effective date thereof, the date on which the Option was exercised.

2.     Option and Rights:

                a.     Initial Option Consideration/Term: In consideration of the sum of $25,000, payable promptly following full satisfaction of the conditions precedent set forth in Paragraph 1. above, with such payment being fully applicable against the Purchase Price (as defined in Paragraph 3.a. below) (the "Option Payment"), Owner hereby grants to Collision the sole, exclusive, and irrevocable option (the "Option") for a period commencing on the date hereof and ending eighteen (18) months following the date on which all the conditions precedent set forth in Paragraph 1. above are satisfied (the "Initial Option Period") to purchase the Rights (As defined in Paragraph 2.d. below) for the Purchase Price (as defied in Paragraph 3.a. below). 

                b.     Extended Option Consideration/Term: Collisions hall have the option, in its sole discretion, to extend the Initial Option Period for an additional eighteen (18) months ("Extended Option Period") by giving written notice to Owner of such extension and by making payment to Owner of £25,000 the (Extension Payment") prior to the expiration of the Initial Option Period, with such payment being non-applicable against the Purchase Price. The Initial Option Period and/or Extended Option Period


APOGEE CONDIFENTIAL
ATTORNEY'S EYES ONLY


AP04234

-- CONSOLE & PC GAMES --

The CONTROL Series

The Crossfire Series

The Quantum Break Series

The Alan Wake Series

The Max Payne Series

Additional

-- MOBILE GAMES --

-- LIVE ACTION SERIES --

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