Rights and contracts
Kill Fees and Cancellations
Quick answer
A kill fee is a payment you receive if a brand cancels a project or rejects finished work after you have started. It covers the time and costs you already put in, and it should be written in the contract before work begins.
Key takeaways
- A kill fee protects work you have already done, so it should grow as the project moves forward.
- A deposit and a kill fee are different. One is paid up front, and the other is owed if the brand cancels.
- Write down what happens at each stage: before work starts, during work, after delivery, and after posting.
- Set an approval window so a quiet brand cannot leave your project in limbo.
What a kill fee is, and what it is not
A kill fee is a partial payment owed to you if a brand cancels the project, or rejects finished work without a good reason. It is not a penalty. It pays for the time, planning, and costs you committed to the project.
It is different from a deposit, which is paid at the start. It is also different from a refund, which sends money back to the brand. A cancellation clause can combine them, for example by keeping the deposit and adding a kill fee after work begins.
Why creators need one
When you take a project, you set aside time, turn down other work, and often spend money on props, travel, or editing. If a brand cancels late, you lose that time and may have nothing in return. A kill fee makes the loss fair.
What is usually fair at each stage
The amounts depend on the deal, so this table describes the idea, not a number.
| Stage | What has happened | What is usually fair |
|---|---|---|
| Before work starts | The contract is signed, but you have not begun | The deposit stays with you, or a small fee applies |
| After work starts | You have planned, shot, or edited | Pay for the work done to date, plus a share of the fee |
| After a draft is delivered | The brand has seen your work | A larger share of the fee, since most of the work is done |
| Final work rejected | The work follows the brief but the brand does not want it | Most or all of the fee |
| After posting | The content is live | The full fee is due |
How kill fees are usually set
Kill fees are often tied to stages, so the share of the fee grows as the project advances. Some contracts instead say the brand pays for all work done to the date of cancellation. Either way, the contract should state the rule clearly so no one has to guess later.
What to put in the contract
- Who can cancel, and how much written notice they must give.
- What happens to the deposit at each stage.
- The kill fee, stated as a share of the fee or as pay for work done.
- What counts as rejected work, and that work following the brief is paid.
- An approval window, and what happens if the brand does not respond.
- That usage rights do not start until you are paid.
When the brand goes quiet
A brand that stops replying can leave your project in limbo. Add an approval window, such as “if Brand does not reply within [number] business days, Creator may treat the draft as approved and invoice for the work.” Then follow up in writing and keep records.
If you are the one who has to cancel
Illness, emergencies, and other events can stop you from finishing. A fair contract allows a new schedule agreed in good faith, or a partial refund if the work cannot go on. Say so in writing, so both sides know what to expect.
If your contract has no kill fee
Ask for one before you start work. If the brand has already cancelled, send a written note listing the work you did and the costs you incurred, and ask for payment for that work. Keep your records. For larger amounts, talk to a lawyer.
What to say
Before we start, can we add a kill fee in case the project is cancelled? I would suggest [kill fee amount or percentage] once work begins.
Our contract keeps the deposit if the project is cancelled before work starts, and adds a fee after that. Can we add that?
I have delivered the draft and have not heard back in [number] business days. Under our agreement I am treating it as approved and sending the invoice.
The project was cancelled after I began. Attached is a summary of the work done and the costs incurred. Please confirm payment by [date].
Frequently asked questions
What is a kill fee in a brand deal?
A kill fee is a payment owed to you if a brand cancels the project or rejects finished work after you have started. It covers the work and costs you already put in.
Is a kill fee the same as a deposit?
No. A deposit is paid at the start. A kill fee is owed when the brand cancels. A contract can use both.
Is it normal to ask for a kill fee?
Yes. Many creators include one, and brands that work with creators regularly expect it. It is most important when you commit time or money before the work is posted.
What if a brand rejects my work?
If the work follows the brief, the contract should still require payment. Check how the contract defines rejection and how many revisions are allowed.
Can a brand cancel after I post?
It can ask to take the content down, but the fee is usually still due. Make sure the contract says so.
What if a brand stops responding?
Use an approval window. If the brand does not reply in time, the draft is treated as approved and you can invoice.
Do I need a lawyer for a cancellation dispute?
For small amounts, a clear written request often works. For large amounts or a dispute, talk to a lawyer.