Question

Topic: Advertising/PR

Kill Fee Template

Posted by Anonymous on 7/16/2008 at 12:39 AM ET 125 Points
I work with a marketing/advertising agency entering into a contract with a client that in all likelihood may stop work mid-stream due to some "politics" with partners, etc.

We would like to put a kill fee in a proposal we are submitting in a few days to help cover work-in-progress should that happen.

Does anyone know of good boilerplate verbiage???

I can "wing it" but if you know of something that has worked for you, that'd be a helpful starting point.

Thanks!
To continue reading this question and the solution, sign up ... it's free!
SUBSCRIBE
Or, SIGN IN

RESPONSES

  • Posted by Jay Hamilton-Roth on 7/16/2008 at 9:25 AM Accepted
    Here are a number of kill fee resources (both pro/con):
    https://therenegadewriter.com/2008/05/27/lets-kill-the-kill-fee/
    https://www.ehow.com/how_2097141_.html
    https://www.gag.org/contracts/glossary.html
    https://desktoppub.about.com/cs/freelance/qt/kill_fee.htm
    https://www.asja.org/cw/cwpage.php?id_number=42
    https://query.nytimes.com/gst/fullpage.html?res=9F0CE4DF1639F93AA25757C0A96...
  • Posted on 7/16/2008 at 9:46 AM Member
    You can also check out the Graphic Guild Artist's Handbook. Here's a link at Amazon, but a local bookstore or library may have it too.

    https://tinyurl.com/5c7syt

  • Posted on 7/16/2008 at 9:48 AM Accepted
    Oops, the correct title of the book is Graphic Artists Guild Handbook.
  • Posted on 7/16/2008 at 10:54 AM Author
    Thanks, lots of info to read through. While none of it gave me exactly what I was looking for, I do have enough bits and pieces to help me construct something.

    Thanks so much for your help!

    P.S. I wasn't familiar with www.ehow.com; very cool. That, About.com and the Graphic Artists Handbook were probably the most helpful!
  • Posted by J Geibel on 7/16/2008 at 1:47 PM Accepted
    I have always had a cancellation clause in my contracts ("kill fees" is a term typically used for writers, not consultants or marketing agencies) that requires payment for all work provided to that date.

    I also add the condition that all of the work is copyrighted by me and that copyright is not released until payment in full of all fees.

    Additionally - I always use a "pay-as-you-go" contract, which is either monthly progress payments or based on clear milestones.

    Since money is a sign of commitment - a deposit is also key to establishing a professional relationship. That being said, I've been stunned at how some of my colleagues have allowed their receivables to become very, very high.

    I've noticed that creative types get real concerned about their work being used (but not paid for), but I've found that isn't the case with marketing consulting or public relations work - it's a bird of a different feather. I'm usually hired for the execution as well as the creation of the work. In many years of consulting, I've only had two cancellations I can recall - and both were very small projects. I had skipped the step of using a contract for them, which was a lesson learned.

    By the way - the About.com article above was the best on this topic.

    If you are so sure the project is going to be canceled - why enter into it the first place? Seems a bit odd.
  • Posted on 7/16/2008 at 6:45 PM Author
    Thanks, J. Geibel. Good insights.

    It is a weird situation ... current client, about to sign off on marketing plan with us is now possibly going to be bought out. They want to get things in the works so they can keep their commitment to us. But, as we all know with corporate mergers, etc, you never know what the new guys will do. So, both client & agency are looking to cover themselves so to speak.

    Thanks for all the help to everyone!

BACK TO TOP

Post a Comment

Related Discussions

Community Info

Top 25 Experts
(Advertising/PR)