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Anyone have good examples of language to include in a contract for a kill clause?
(client randomly decided to switch companies mid-project, no reasoning, etc., and getting what is owed is gonna be a real challenge now)
From this link:
3) CANCELLATION AND KILL FEES: Cancellation (“kill”) fees are due based on the amount of work completed. Fifty percent (50%) of the final fee is due within 30 days of notification that for any reason the job is canceled or postponed before the final stage. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been completed. Upon cancellation or kill all rights to the art revert to the Artist and all original art must be returned, including sketches, comps, or other preliminary materials.
This clause helps to establish payment terms for partial and/or completed work even if the job is canceled. The ownership of rights and the work itself is also clearly defined. For more on Kill Fees see the Graphic Artist’s Guild Handbook: Pricing and Ethical Guidelines, as well as the Contract Monitor Glossary.