What Is a Kill Fee and How Do Content Creators Use It

You agree to a brand deal. You brief yourself, plan the shoot, maybe buy a product or clear your schedule for the production days. Then the brand emails you to say the campaign is cancelled. No explanation, no warning — and no payment, because you hadn't started yet in their view.

This happens more often than most creators expect. Campaign budgets get cut, internal priorities shift, and brands pull out of deals with very little notice. Without a kill fee clause in your contract, you have no financial protection when it does.

What a Kill Fee Actually Is

A kill fee is a contractual payment made to a creator — or any freelancer — when a client cancels a project after the agreement has been signed but before the work is fully delivered or published. It compensates the creator for the time and resources already invested, and for the opportunity cost of having held that slot in their schedule.

The name comes from the publishing and film industries, where a "killed" piece is one that was commissioned and then cancelled before release. The concept has been standard practice in those industries for decades. In the creator economy, it's still underused — largely because many creators don't know they can include it, or feel uncomfortable asking for it. For a complete overview of what every brand deal contract should contain, see what to include in a brand deal contract.

How Kill Fees Are Calculated

There is no universal formula, but the most widely used approach is a percentage of the total agreed fee, scaled to how far along production was at the time of cancellation.

Cancellation stage	Typical kill fee
Before any work has begun (within 48hrs of signing)	0% — 15%
Brief reviewed, concept developed, no filming yet	25% — 35%
Filming completed, editing not started	40% — 50%
First edit delivered and awaiting feedback	50% — 75%
Content approved and ready to publish	75% — 100%

The simplest version — and the one most creators use — is a flat rate: 50% of the total fee if the brand cancels after the contract is signed, regardless of production stage. This is easy to explain, easy to enforce, and acts as a meaningful deterrent against casual cancellations.

How to Include a Kill Fee in Your Contract

The kill fee clause needs to be explicit. Vague language like "cancellation fees may apply" is not enforceable in most jurisdictions. The clause should state the exact percentage, the trigger condition, and the payment timeline.

What Counts as "Commencement of Production"

This is the most commonly disputed element of a kill fee claim. Brands often argue that no compensable work has been done if they cancel before you've filmed anything. Your contract should define production commencement broadly enough to protect the work you actually do — which starts well before the camera turns on.

A reasonable definition: production commences upon any of the following — review of the brief, creative concept development, purchase of props or materials, clearance of schedule, or any written communication from the creator confirming readiness to proceed.

What to Do When a Brand Cancels Without Paying a Kill Fee

If a brand cancels and refuses to pay the kill fee despite it being in the contract, your options depend on the amount involved and how far you're willing to pursue it. Start by issuing a formal kill fee invoice immediately, referencing the contract clause and the cancellation date — many brands pay when they receive a formal document, because the refusal typically comes from a marketing contact rather than the finance team.

Keep all follow-up communication written and factual. Reference the contract clause specifically and avoid emotional language. If the invoice goes unpaid, a formal letter of demand referencing the clause and stating your intention to pursue the debt legally is often enough to prompt payment. For amounts under the relevant threshold in your country, small claims court is a low-cost option that doesn't require a lawyer, and a signed contract with an explicit kill fee clause is strong evidence. For the full follow-up sequence, see how to follow up on an unpaid invoice as a creator.

Will Asking for a Kill Fee Put Brands Off?

This is the question most creators worry about, and the honest answer is: professional brands won't be put off. Any brand that has worked with creators before, or that has an in-house marketing or legal team, will recognise a kill fee clause as standard practice. They may negotiate the percentage, but they won't walk away from a deal because you included one.

The brands that push back hard on kill fees — or refuse to sign any contract with one — are often the same brands that are most likely to cancel unexpectedly. The kill fee clause acts as a filter as much as a protection.