I propose that the larger issue with Agile Contracts is not that we don’t know how to write them. After all we know how to deliver Agile projects, so a contract can simply describe that process. The problem is with making Agile Contract commercially competitive; against suppliers who are offering the promise of delivering the perfectly predicted dream - offering the certainty that people crave. This is a prisoners dilemma, with organisations driving themselves towards a sub optimal solution. Through game theory we will explore ways in which to improve the appeal of the agile offering.