Legal Term

freelancer kill fee vs. cancellation penalty

Legal Definition

A kill fee is a predetermined compensatory payment owed to a freelancer upon early termination of a contract by the client, designed to offset lost income and opportunity costs. A cancellation penalty is an additional charge imposed on the cancelling party, often intended as a deterrent or to cover specific administrative costs, and may be enforceable only if deemed reasonable under applicable contract law as liquidated damages rather than an unenforceable penalty.

In Plain English

A kill fee pays the freelancer for their work and lost chances if the client cancels the project early. A cancellation penalty is an extra fee that punishes the client for cancelling or covers the freelancer's immediate expenses, like re-advertising the job.

Example in a Contract
Section 7: Termination. If Client terminates this Agreement prior to final delivery for convenience, Client shall pay Freelancer a kill fee equal to 50% of the total agreed fee within 10 days. If termination occurs without the 14-day written notice required in Section 3, Client shall also incur a cancellation penalty of 20% of the total fee, forfeited to Freelancer as reasonable liquidated damages for disruption and re-procurement costs.

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