Once Again, The Contract Wins The Day!

A client of mine emailed me.

Client: “We’re going to be scrapping the design you’ve been working on for us. We’re going in a new direction with a new designer.”

There was a clause of my contract that stated that 100% of the quote for the job would be retained if the project was canceled after reaching a near-complete state. They tried to use this clause to make me return the full amount they had paid upfront (at their insistence) since they wouldn’t use the design. On top of that, they then asked me to continue editing another part of the project for them. 

As a sane person who is running a business, I told them no.

Me: “I did the work based on your feedback, and whether or not you choose to scrap the design, I will be retaining a kill fee of 50%.”

They insisted that I did not, in fact, deserve to be paid for the work (even though they approved all the work I did as I submitted it) and accused me of seeking more and more money from them at every turn (I charged them for additional work they requested) and of holding back the project (I waited for their feedback to proceed when designing).

I didn’t respond; I spoke to a lawyer friend, instead. While I was waiting to hear what my friend had to say, the client emailed a day after their last email, frantic about getting my response and having the job wrapped up quickly.

Less than an hour later, they emailed again saying I could keep the full amount, they’d keep the rights to the design (as per the original agreement), and I didn’t need to do any further edits or work on the project for them. Oh, the difference patience — and more importantly, a good contract — makes!